LexThe Tamil Nadu Dramatic Performances Act, 1954
Tamil Nadu · state statute
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The Tamil Nadu Dramatic Performances Act, 1954
Act 33 of 1954
Keyword(s):
Objectionable Performance, Public Place
- + . . -
-. . - -- . - - *-.
1954 : T.Nb Act XXXIIT] Dramatic Yevfoum~fi~~~ 331
[TAMIL NADU] ACT No. XXXIII OF 19542
[THE ~TTAM~, NADU] DRAMATIC PERFORMANT ACT,
19541. , .A
(Recieved the assent of 'the Governor on the 1st January 1 9.55 :
first published in the Fort St. G-ore Gazi t t e on
8
the 12th January 1955.) C
An Act to provide for the better control of public dramatit
performances in the '[State cf "hmil Nadu] .
WHEREAS it is expedient to provide for the better
control of public dramatic perfo~mances in the "[State I
of Tamil Nadu] ;
BE it enacted in the Fifth year of the Republic of India >I I
as follows :- - i
I. (1) This Act may be called the ?[Tamil Nadu] short I&
Dramatic Performances Act, 1954. and extent, 14
'
(2)' It extends to the whole of th'e ?[:St ite of Tamil
Nad u] . .. -
-- -. .------ -. ____ 1
. '
1. These wards were substituted for the word " Madras fi by the $6
+ - Tamil Nadu Adapt at ion of Laws Order, 1969, as a~mended by the
Tamil Nadu Adaptation of Laws (Second Amendment) Order,
1969.
2. For Statement of Objects and Reasons, see Fort St. George
Gazette Extraordinary, dated the 27t h Noveniber 1954, Part IV-A,
pages 299-300. a
This Act was extended to the Kanyakumari district and the
'~hencottah taluk of the Tirunelveli district,by section 3 of, and the
Schedule to, the Tamil Nadu (Transferred Territory) Extension
, A of Laws .Act, 1957 (Tamil Nadu Act .XXII of .1957), repealing the ,
corresponding law in force in that territory.
, \
This ct bas extended to the added territories by section 3 of, . -
s and the lrst Schedule to, the Tamil Nadu (Added Territories) E* :
tension of Laws Act, 1962 (Tamil Nadw Act 14 of 1962), rapesling the corresponding law in force in those territories,
1
- ' 8, This expression was substituted fm the expression '' State of
Madras by the Tamil Nadu Adaptation of Laws Order, 1969. as
dmended by the Tamil Nadu Adaptation of Laws (Secand Amend-
ment) Order, 1969. %
125-L22
(I! " objectionable performance " malls any play,
pantomime or 0th-r drama which is likely to-
(i) incite any person to resort to vidlence or
sabotage for the Furpose of overthrowing or undermining
the Government esxablisbed by law in India ar in any
State thereof or its autl~ority in a!Py ~cca ; c:j;
(ii) incite ally pcrson to com~nit murder, sabotage
I or any offence involving violmce ; or
(iii) seduce any member of any of the armed forces
of the Union or of the police forces from his allegiance or
his duty, or prejud;co. the recruiting of persons to serve
in any such force or prcjjudice the dtscipl;ne of any such
force ; or
(iv) itlcito any scction of ttte citizetls of India to
acts of violencc agairst any other scction of the citizens of
India ; or whicl.1-
(1 is delibe:.httlj* intend~d ro outranc the religious
V
feeling of an; ils ,. I-.I :he citircn; f r in:ulting
or ~I~:~!,~J/I(;IIII~~;; Ijr fjro!:trt~fi;; tI16; ~!;IJ;;I~~I or l/l<: ~C~J!;I~,IJ~
belief's or tlxrt ~li~so ;
'[(vi) is grobsly i:lclccent, or is scurrilous or obscene
or intended for blacklriail ; and includes any indecent
or obscene dance.]
Explanation 4.--A performance shall not be deemed
to be objectionable ~llerely because in the course thereof
words are uttered, or signs or visiblr: representations are
made, expressing disapprobation or criticism of any law or
of any policy or administr~tive action of the Government
with a view to obtaiu its alteration or redress by lawful
means.
- -- -- -- -I-----. " ._..- _--
I, This clause was substituted for the arigina: clause by section
2 (1) of the Tamil Naca Dramatic Performances (Amendment) Act,
1979 (Tamil Nadu Acl 13 of 1979.)
w -- * & '*
- &-
- - - -- &---* -- - I
3 t
cf XxxIfI] Drat)zatic .Pet$otm~nces .339 :
R
(2) No order under sub-section (1) shall be passed
withbut giving a reasonable opportunity to the organizer or
other principal persons responsible for the conduct of the
performance or to the owner or occupier of the public place
in which such performance is intended to takebplace to show
"use why the performance should not be prohibited. ,
(3) Every order made under sub-section (1) shall be
published in the Fort St. George Gazette.*
*
- - t emphraril y.
ted by saction G (2)' 0" the Tamil
endment) Act, 1979 (Tamil Nadu
in section 2, is lillely to lead to a breach of the peace, by
order stating th~ grounds for such opinion, piohibit its
parfor~lla~lce :
Provided tkt the officer who passed such order nlay
review it on an application made by the person or partjr
affected by such order.
(2) Subject to any order lnadt by the Court on appeal
irndcr scction 10, itit ordcr undci tllis scclioil sl~ali rctnain
in for .** 1.0~ two ilro~tlhs fro111 t.11~' ill;tt\in:) III~I-CO~' :
Provided that the Comnlissioner of Police or the
District: Ccllector, us the case may be, may, if he is of
opinion that the order should continue in force, by such
further order or orders as he may deem lit, extend the
period aforessid by such further period or periods no;
exceeding two i~~or~ths at a time as may be specified in
such order or ~~rtl~r*~,
Servic tof 5. A copy of the ordcr inade under section 3, sub-
order of section (I), oi ur~der section 4, sub-section (1) or sub-
prohibition* section (2), may be served personally or in such other
manner as may b: piescribed by rules made under sbction
13, on the organisers or other principal persons responsible
for the conduct of, or any person about to take part in the
performance so prohibited or on the owner or'occupier of
the public place, in which such performance is intended to
take place.
penalty tr 6. Any per :on on whom a copy of the order referred to
disobeying in section 3 or sect-ion 4 is served and who does, or willingly
mder. ~~rmirs, any act in disobedience of such order, shall, on
conviction, be punished with imprisonment for a term
which may extend to three months or with fine which may
. extend to one tho~r;:ii~d rupees, or with. both.
p~nzlty for 7. (1) Any person who, after the publication of an
dis?b:ring order undel secticn 3, sub-sectioa U), or d~iring the period
proh~bition- when an order made nnder section 4, sub-section (1) or
sub-section (2). is in force organises or is responsible for
the conduct of or who with the knowledge that such an
, order under section 3 or section 4 is in force takes part in,
the per for mance prohibited thereby or a I? y' performance
* a'
. .- -. e-
1954: T.N: Act XXXI~I] Dramqtic Pevormances 341 l
substantially the same as the performance so prohibited,
hall, on 'conviction, be punished with imprisonment for .
term which may extend to three~months, or with 'fil~e which
may extend to one thousand rupees, or with both.
* 4
(2) Any person who being the owncr or occupier,
or ' having the use of any public place, open i, kesps or
uses- the same for any performance prohibited under
section 3 or sectio~ L, or n~rmits the same tc be opened,
ept or used for any such- perfor~ance,
, on conviction, l~e punished with imprisonment .for a ,
which may exter d to three months, or with fine which
may extend to one tllousand rupees, or with both. . $
4 . -
8. (1) For tlie purpose of ascertaining the chaiacter of Power to
any intended play, pantomime or other drama, .the State .call for
Government, or such officer as they may empower in this:f!'rma-
behalf, may, by ' order, require the organisers or other
yrirrciptll persons responsible for the conduct of, or other
persons about to take part .in, such play, pantomime or . . .,.
other drama' or the author, proprietor or printer of the. ' * :
play, pantomime or other drama about to be performed, :I!
or the owner or occupier of the place in which it is intended
to be performed, to furnish such information as the State + . -. kt
Government or such officer may think necessary. v \. -,- " *
t
Every person so required shall be bou - d to furnish ' '
h
i.-,
,= :.
mation to ,the best of, his ability wit in the ,rime . a
- 2 . C
ia such order and in cask of contraventiod shall -
d ;. ., *.. x;c
emed to have committed an offence under ~ection 176
. - ' " ,$
.i+ L
e Indian Penel Code (Central Act XLV of 1860). ..
<
9. (1) If the State Government or in the Presidency- Poweito
'
the Commissioner of Police or elsewhere the District I
ector, have or has reason to believe that an *objection- ;::${ of of ., -
dramatic performilnce is about to take place, the.,{ or he, dram,, etc.
the case may be, may, by order, direct that no such
ramatic performance shall take place in any public place
hin any area, unless a copy of the piece, if and so far is
ritten, or some sufficient account of its purport, if and
as. it is in pantomime, has been furnished, not less
ven days before thr: performance, to the State
ent, the Commissioner of Police or ,the ,District
aforesaid, '
I .
(2) A copy of any ord-r made under sub-section (1)
may be served OIL the ownel or occupier of the public
place, ill ,.:.ich such perforlnancc is intcaded to take place
allcl if thcrcafter he does or willingly permits, any act in
disobedience of s.uch order, he shall, on conviction, be
punished with ilnp:isonment for a term ivhich ma;. extend
to three months, or with fine which may extend to one
thousand rupees, us vvjli~ bot11.
AS;>.:~l to 10. (1) Any person aggrieved by an order under section
. iigh 3, sub-section (11, or under section 4, sub-section (1) or
luct* sub-section (2), mity, within sixty dlrys of the publication
of such order under section 3, sub-section (3), or, as the
case may be, within sixty daygof the date on which : n order
under section 4, sub-section (I) or sub-,section (21, is made,
prefer an appeal to the High Court : and upoil such appeal,
the High Court mEcy pass such oiders as it deems fit con-
firming, varying 02 rev~rsing the order appealea from, and
may pass such consequential or incide~:tirl crd~rs as may
be necessary.
(2) Every such appeal shall be heard by a Bench of
not less than two Judges.
Savingif 11. Where n3 order under section 3 or section 4 has
prosecut- been inade in respect of ally performance, nothing in this
ions under Act shall bar il prosecution under the Indian ,Penal Code
* other laws. (Central Act XLV of 1860) or any other law
. , 12. No suit, prosecutioll or other legal proceeding
for acts shall be instituted against any authority or officer for any-
don? ln thing which is in good faith done or intended to bs done good under this Act or any rule made thereunder.
Pokerto 13, (1) The St?.te Government may, by notification
malie rules. in the *Fort St. George Gazette, make rules to carry out
the purpose of this Act.
(2) All rules made by the State Government under
sub-section (1) shall. as soon as possible after they are
mde, be laid on the iaL% of the Houses of the Legislatore.
Repe-l of 14. Tllc Dra~l~atj~~ Performances Act, 1 476 (Central
Cenfr:l-qcr ,-< !fq<l -- . .:. - .-- 5- :* :w* +:. 5, ., :. :'r,*2"y,$ .- -* .' -" ./ ?. * - k: -XIS - -- * $-. I - &*a- - - 9+
% -- 5 -,:* I- :*-::-- - 1 --* . * "**"-c.*
--- ---- --"- "---- --- ----A
-- .. - SG'" ::z L'i, ;.. *&, & "gLter/:i?id:;: G*::c::b,
1 This I ,ilb.:itiited fi~i i hc ib?., .:r>i,,.i! s4 4.f
Madras " by r t:e 'i"rrnl i ?i.?~iu Ada, ' ':
a- 2% ,,xi< r7! :1w, 1968, as amend4 d by the Tsiyil Na~ltl Adaptation r:; 1.-.:. 5 (9: ~dincl Amend.
went) Qrdcr, 1969,