LexThe Odisha Dramatic Performances Act, 1962
Odisha · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Dramatic Performances Act, 1962 Act 14 of 1962 Keyword(s): Objectionable Performance, Public Place THE ORlSSA DRAMATIC PERFORMANCES ACT, 1962 CONTENTS I. Short title and extent 3. Power, tn prohibit objectionable perforrnanccs 4. Power to prohibit objectionable performances temporarily 5. SeAce of order of prohibition 6. Penalty for disobeying order 7. Pcdalty for disobeying prohibition 8. Power to call for information 9. Power to call for copy of purport of drama, etc. 10. Appeal to sgh Court ; 1. Saving of prosecutions under other laws 12. Protection for acts done in gqod faith 13. Power to make rul~ 14. Repeal df Central Act 19 of 1876 ORISSA ACT 14 OF 1962 '[TEI[JE; ORISSA DRAMATIC PERFORMANCES ACT, 19621 [ Received the assent of the Governor on the 10th May 1962, first published in an Extraordinary issue of the Orissa , Gazett$ dated the 26th May 1962 ] AN ACT TO PROVTDE FOR TH3 BETTER CONTROL OF PI!IBLIc D~AMATIC PERFORMINCES IN THE STATE OF ORZSSA It: is hereby enacted by the Legislature of the Stateof Orissa, inthe Thirteenth yearaf theRe . public of India as follows:- \ 1. (I) This Act may be called the 0rissa Dramatic ~horltitlm Performances Act, 1962. and ortab (2)Itextends to the whole of the State of . Orissa. 2, In this Act, unless the . context - o t herwisa D*nitions requires- ' (I) "objectionable performance" means any plap pantomime or other drama which is likely to- (i) incite any person to resort to violence or sabotage for the purpose of overthrowing or undermining the Government established' . by Iaw in India or in any State thereof or its authority in any area ,.; or. . (ii) incite any person to commit murder, . sabotage, arson or anv offence involving violence ; or (iii) sedp any .member of any of the armed . forces of the union or of the police forces from his allegiance or his duty, or prejudice the recruiting of persons to serve in any such force or prejudice the .discipline of . . any such force ; or (iv) incite any section o'f the citizens of India to acts of violence against any- other section of the citizens of India; 1. For t hc ~tatubcnt of Objects and R-nr xe Orism ~mb~ Exksordi- . ~LY, datcd the 5th April I962 ( No. 189 3. 466 THE ORISSA DRA~TIC PERFORWNCES ACT, 1962 [Or. Act 14 (v) is deliberately intendeu to. outrage tbe religious feelings of any class of the citizens of India by insulting or blaspheming or profaning the religion or the religious beliefs of that class; or (iv) is .grossly indecent, or is scurrilous or obscene or intended for blackmail; Expla~ration I-A per~ormance~ shall not, be deemed ' to be objectionable merely - because .in the course thereof wards are uttered, or signs or visible representations are madc, expressing disgpprobation or criticism of any law ,or of any policy or administra- tive action of the Government with a- .view to obtain its alteration or redress by lawful means. Explanation -11-In judging whet her any perform- ance is n objectionabls performance, the play, pantomime or other drama shall be considered as a whole. (2) "public place7' means any building or enclosure, or any place .in the open air arid any p'anda1,where .the sides are not enclosed to which the public are admitted to witness a performance. 3. (1) Wheriever the. State ~overnmebt are Power to prohibit satisfied that any play, pantomime or other drama objeetionablo ,fro,, performed or about to be performed in a public place rnances: is an objectionable performance, they may, by order stating the grounds , on which they consider the performance objectionable, prohibit such performance. (2) No order under sub-section (1) shall be passed without giving a reasonable opportunity to the organism or other principnl persons responsible for the conduct of the performance or to the owner or occupier. of the public place in which such perform- . , auce is intended to take placc to show cause . . . -, why the performance should not be prohibited. (3) Evcry order 111ade rinder sub-section (I) shall be published in the Gazt:tte. I (4) Any order made undsr sub-section (I) may - also be notified by proclamjtion and a written or printed notice thereof may be amed at any place or places adapted for giv?ng information- of the order to thepersons intending to take part in the performance so prohibited. 4. (1) The District Collector may, if he is of zyki bh opinion that any play, pantomime or'other drama,~~,~l, performed or about to be performed, being an~fi;~~ , ' objecfionable performance, is likeIy to lead to a breach . of the peace, by order stating the grounds for such opinion, prohibit its perfomance: Provided :haf the officer, who passed such order - may review -it on an application made by the person or party agected by such order. '(I-a) For the purpose of ascertaining the character . of any play, pantomime or other drama, the District Collectof or any other, o6cer-author- ised by him in that behalf, , either generally or specially, niay enter -any public place. where such play, pantomime or other drama is , being . performed and witness the. -same.] (.?) Subject to any order made, by the Court on appeal under section 20, an order under this section shalt remain in force for two months from the making thereof : Provided that the District Collector, may, if he is of opinion that the order should continue in force, by . . such further order or arders as he may decm fit, , ' extend the period aforesaid by such further period or - , periods not exceeding two months at a time as may be specified in such order or orders: ' 5. A copy of the order made under sub-section (1) zz; 2 of section: 3 or under sub-section (1) or (2) ofprohibition. sectibn 4 rhay be served personx!ly or in such other manner as may be prescribed' by rules made under section 13, on the organisers or other principal ' persons responsible for the cpnduct of, or any person, about to take part in, the performance so prohibited or on ,the owner or occupier of~he public place, in . which such performace is intended to take . place. .- .- - I. Tnsertcd by the Orissa Dramatic Perfnrmancos ( Amcndmcnt ) ~ct, I967 ( Or. Act 14 of 1967 ), s. 2. 468 Th Om= DRA~TICPERFORMANCES ACT, 1962 [ Or. Act: 14 fa 6. Any person on whom a copy of the order diroborips or&. referred to in section 3 or section 4 is served and who does, or willingIy'pi:1-inits, any a-ct in disobe- dience of such ,order, shall on conviktion, be puhished with imprisonment for a term'which may extend to three months or with fine which may extend to one thousand rupees, or with both. -@ for 7, (0 hy person who, after the public&on or . dlanba Lo# .p.Pd~m. an order -under sub-section (3) of section 3 br during ' ' , ' the period when order made under sub-section (I). or subsection (2) of section 4, is in force, organises or is responsible for the conduct 'of, or who, with . . the knowledge, that such an order under section 3 or s&oi 4-is in force, takes pkrt in, the:performance prohibited thereby or any performance substantially the same' as the performance so ,,prohibited, shall, on convicti~n; be pufished with . imprisonment for a ..term which may extend-tg three months, or with fine which may extend to one tho-usand rupees, -;or with both. . . . . ' (3 by person who being'rhc owner, or occupier . or havrng the use of any, public place, opens, , keeps . . . or uses the same for any performance prohibited . , under section 3 or section-4 or .'permits the .same to . . be opened, KepVor 'used for . any such performance, . ahall; on- wbvr'ction, be' punished with imprisonment ' - , : f& a term which may extend to three months,. or . with he which may extend ,to clhe thousand rupees, . or wit& 'both- I . , , 10 8.(1)For the pu~pose.-of, ascertaining the ' ..eaU fot in- . . . I-H~. character- of any intendr5d play, pantomime or othcr drama, the State Goyernrncnt, or such officer as they ,& - may empower in this. behalf, 'may, 'by ~rder, require , the organisers or other' principal persons responsible .. 'for the conduct, of, or other per-sons abou! to take part in, such p1ay;lparkomime or other drama or ,the , author,;proprietor or printer of 'the play, pantomime or other draxa abwt to be performed, or the owner - or occupiq of the placejn which it is intended to be perfoiaied, td: ,furnish such information as the Statt Government or such omcer 'may think necessq. (2)' Every person so required shall be bound to furnish the information to the best of his ability with- . in the time specified in such order and -in case of , , contravention shall be deemed to have committed ari 4s of .offence -under section - 176 of the Indian Penal Code. . 9. (1) If the State- Goyernment or the District po.tmrtod f.r copy af Collector, have or has reason to believe that an objec- . , tionable drama-tic performance is about to take place, D& they or he, as the case may be, may, by order, direct .that no such dramatic performance. shall take plak in any publilc*place within any area, unless a copy of the piece, if and so far as it is written, or some sufficient awnnt of its .purport, if and so far as it is in pantomime, has been furnished, not less than seven days before the performace to the State Governmeat or the ,- District -Collector. (2) A copy of any order made under sub-s&on (1) may be served on the owner or occupier of the . public place in wbich such performance is intended to take place, and if thereafter he does or willingly permits, any act in disobedience of such order, he SbaII; on conviction, be punished with 'imprisonment for a term which may extend to three months, or . with he which' may extend to one thousand rupees, or with. , both: 10. (I) Any person aggrieved by an order under'$$$$, sub-section (1)- of section 3, or under sub-section (I) or sub-section (2) of section .4, may, within sixty - days of the publication of such order under sub-section (3) of section 3. or as the case maybe, within sixty days of the date on whch an order under sub-section (I) or 'sub-se,ction (2) of section 4, is made, prefer an appeal to !he High' Court; and upon such appeal, the High Court may pass such orders as it deems fit co-ng, vargng or reversing the order appealed from, and may pass such consequential or incidexltal orders as. may' be necessary. I. c2) ~vky such appeal shall be heard by a .Bench of not less than two judges. $ 4 470) - . Tm- Omsa DR~AT~C PPRPORMAN~ ACT, 1962 1 Or. Act 14 d 1962 ] .(Sea, 11-14) SaM of ,,,,tim, 11. Where no order mder section 3 or don 4 ~z other has been made in respec! of any performance, nothing in this Act shallbar a prosecution under -the Indian Penal Code or under any other law. 45 of Roiectim for acts dono 12. No suit, prosecution or other legal proceed- ,d f~*m ing shall be instituted against apy' autKority or officer for anything which is in gdod faith done or intended to be done under this Act or any rule made thereunder. 'POW to 13. (1) The State Government may, make rules* m""L1es- to carry out the purposes of this Act. (2) All rules made under sub-sectidn (1) shall, as soon as possible after they+are made, be laid before the Orissa Legislative Assembly for a total period of fifteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period. R%~I of 14. The Dramatic Performances Act, i876 in so 190f,t# central far as it applies to the State of Orissa, is hereby Act 19 01 repealed.' 1876. .- *For rules, sat Notifidion No. I1 !I-Poll,, dated tho 1lhJanuary. 1955 g&&hed in 0-a Gmene Btnordurary, dated the 15th Januuy i245 ( No. 36 ).