The Telangana Objectionable Performances Prohibition Act, 1956.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA OBJECTIONABLE PERFORMANCES
PROHIBITION ACT, 1956.
(ACT NO. VIII OF 1956.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and extent.
2. Definitions.
3. Power to prohibit objectionable performances.
4. Power to prohibit objectionable performances
temporarily.
5. Service of order of prohibition.
6. Penalty for disobeying order.
7. Penalty for conducting prohibited performances.
8. Power to grant warrant to police to enter, search,
arrest and seize.
9. Power to call for information.
10. Power to call for copy of, purport of, drama etc.
11. Appeal to High Court.
12. Saving of prosecutions under other laws.
13. Protection for acts done in good faith.
14. Power to make rules.
15. Other laws not affected.
16. Repeal of Central Act 19 of 1876.
THE TELANGANA OBJECTIONABLE PERFORMANCES
PROHIBITION ACT, 1956.1
ACT No. VIII OF 1956.
1. (1) This Act may be called 2[the Telangana
Objectionable Performances Prohibition Act, 1956.]
(2) It extends to the whole of the State of 2Telangana.
2. In this Act, unless the context otherwise requires,-
3[(1) “District Collector ” in relation to the cities of
Hyderabad and Secunderabad means the Commissioner of
Police;]
3[(1-A.)] “Government” means the State Government;
(2) “objectionable performance ” means any
performance which is likely to-
(i) incite or encourage any person to resort to
violence or sabotage for the purpose of overthrowing or
undermining the Government established by law in India or
in any State thereof or its authority in any area; or
(ii) incite or encourage any person to commit murder,
sabotage or any offence involving violence; or
1. The Andhra Pradesh Objectionable Performances Prohibition Act,
1956 in force in the combined State, as on 02.06.2014, has been
adapted to the State of Telangana, under section 101 of the Andhra
Pradesh Reorganisation Act, 2014 (Central Act 6 of 2 014) vide. the
Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45,
Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Original clause (1) was renumbered as clause (1 -A) and clause (1)
was inserted before the clause as so renumbered by Act No. XXIII of
1958.
Short title and
extent.
Definitions.
2 [Act No. VIII of 1956]
(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 prejudice the recruitment of persons to, or the
discipline of, any such force; or
(iv) promote feelings of enmity or hatred between
different sections of the people of India; or, which-
(v) is deliberately intended to outrage the religious
feelings of any class of the citizens of India by insulting,
blaspheming or profaning the religion or the religious beliefs
of that class; or
(vi) is gross ly indecent, scurrilous or obscene or
intended for blackmail.
Explanation I.- A performance shall not be deemed to
be an objectionable performance on the ground only that in
the course thereof words are uttered or signs or visible
representations are made, expressing disapprobation or
criticism of any law or of any policy or administrative action
of the Government with a view to obtain its alteration or
redress by lawful means; and a performance in which words
are uttered or signs or visible representa tions are made,
pointing out, with a view to their removal, matters which are
producing, or have a tendency to produce, feelings of
enmity or hatred between different sections of the people of
India, shall not be deemed to be an objection able
performance within the meaning of this clause.
Explanation II.- In judging whether any performance is
an objectionable performance, the performance shall be
considered as a whole.
Explanation III. —‟Sabotage‟ means the act o f causing
damage to any plant, stocks, bridges, roads or the like with
[Act No. VIII of 1956] 3
intent to destroy or injuriously affect the utility of any plant,
service or means of communication.
Explanation IV. — In this clause, „Government‟ shall
include both the Central Gov ernment and any State
Gavernment;
(3) “performance” means any play, pantom ine or other
drama or any burrak atha, and includes the signing of any
ballad or the holding of any dialogue.
3. (1) Whenever the Government are satisfied that any
performance conducted or abo ut to b e conducted is an
objectionable performance, they may, by o rder, stating the
grounds o n which they consider the performance
objectionable, prohibit the performance.
(2) No order under sub -section (1 ) shall be passed
without giving a reaso nable opportunity to the organizers or
other principal pers ons responsible for the co nduct of the
performance or to the princ ipal persons taking part in such
performance or to the owner o r occupier or any person
having the use of the place i n which such performanc e is
intended to be c onducted, to sh ow cause why the
performance should not be prohibited.
(3) Every o rder und er sub -section (1) shall be
published in the 4[Telangana Gazette].
(4) Any order under sub -section (1 ) may also be
published in such o ther manner as may be presc ribed by
rules made under sectio n 14 and a written or printed notice
thereof may be affixed at any place adapted fo r givi ng
information of the order to the persons intending to c onduct
or take part in the performance so prohibited or to the owner
4. Substituted by G.O.Ms.No.45, Law (F) Department dated 01.06.2016.
Power to prohibit
objectionable
performances.
4 [Act No. VIII of 1956]
or occupier or any person having the use of the place in
which such performance is intended to be conducted.
4. (1) The District Collect or may, if he is satisfied that any
performance conducted or about to be conducted is an
objectionable performance likely to lead to breach of peace,
by order, stating the grounds on which h e c onsiders the
performance objectionable, prohibit the performance.
(2) An order under sub-section (1) shall remain in force
for a period of two months from the date thereof.
(3) The District Collector may, if he is satisfied that an
order under sub-section (1) should continue in force beyond
the period specified in sub-section (2), by such further order
or orders as he may deem 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.
(4) The District Collector may review any order under
sub-section (1) or sub -section (3) on an application made
by the person affected thereby.
5. A copy of the order under sub -section (1) of section 3,
or under sub-section (1) or sub-section (3) of section 4, may
be served personally or in such other manner as may be
prescribed by rules made under section 14, on the
organizers 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 or
any person having the use of the place, in which such
performance is intended to be conducted.
6. Any person on whom a copy of the order referred to in
section 3 or section 4 is served and who does, or knowingly
permits, any act in disobedience of such order, shall, on
conviction, be punishable with imprisonment for a term
Power to prohibit
objectionable
performances
temporarily.
Service of order of
prohibition.
Penalty for
disobeying order.
[Act No. VIII of 1956] 5
which may extend to three months, or with fine, which may
extend to one thousand rupees, or with both.
7. (1) Any person who, after the publication of an order
under sub -section (3) of section 3, or during the period
when an order under sub -section (1) or sub -section (3) of
section 4, is in force, is responsible for the conduct of, or
who, with the knowledge that such on order under section 3
or section 4 is in force, takes part in, the performance
prohibited thereby or any performance substantially the
same as the one so prohibited, shall, on conviction, be
punishable with imprisonment for a term which may extend
to three months, or with fine, which may extend to one
thousand rupees, or with both.
(2) Any person who, being the owner or occupier or
having the use of any place, opens, keeps or uses the same
for any performance prohibited under section 3 or section 4,
or permits the same to be opened, kept or used for any
such performance shall, on conviction, be punishable with
imprisonment for a term which may extend to three months,
or with fine, which may extend t o one thousand rupees, or
with both.
8. If any Magistrate has reason to believe that any house,
room or place is used or about to be used for any
performance prohibited under this Act, he may by his
warrant authorise any police officer 5[not below the rank of
an Inspector] to enter with such assistance as may be
required by night or by day, and by force, if necessary, such
house, room or place , to search the same in the manner
specified in the warrant and to take into custody any person
found therein and to seize all scenery , dresses and other
articles found therein and reasonably suspected to have
5. Inserted by Act No.13 of 1968.
Penalty for
conducting
prohibited
performances.
Power to grant
warrant to police
to enter, search,
arrest and seize.
6 [Act No. VIII of 1956]
been used, or to be intended to be used, for the pu rpose of
such performance.
9. (1) For the purpose of ascertaining the character of any
performance conducted or about to be conducted, the
Government, or such officer as they may empower in this
behalf, may, by order, require the organizers or other
principal persons responsible for the conduct of, or the
persons who took part in or are about to tak e part in, such
performance, or the owner or occupier or any person having
the use of the place in which it was conducted o r is about to
be conducted, to furnish such information as may be
specified in such order.
(2) Every person so required shall be bound to furnish
the information to the best of his knowledge and ability
within the time specified in such order and in case of failure
to comply with such order shall be deemed to have
committed an offence under section 176 of the Indian Pen al
Code (Central Act 45 of 1860).
10. (1) If the Government or the District Collector have or
has reason to believe that an objectionable performance is
intended to be conducted, they or he, as the case may be,
may by order, direct that n o such performance shall be
conducted within such area, as may be specified in the
order, unless a copy of the piece, if and so fa r as it is
written, or a substanti al account of its purport , if and so far
as it is not written, has been furnished, not less than seven
days before the performance, to the Government or the
District Collector.
(2) A c opy of the order under sub -section (1) may be
served on the organizers o r other principal persons
responsible for the conduct of, or any person about to take
part in, such performance, or on the owner or occupier or
any person having the use of th e place in which such
Power to call for
information.
Power to call for
copy of, purport
of, drama etc.,
[Act No. VIII of 1956] 7
performance is intended to be conducted and if thereafter
any person on whom a copy of the order un der sub-section
(1) is served, d oes or knowingly permits, a ny act in
disobedience of such or der, he shall, on convicti on, be
punishable with imprisonment for a term which may extend
to three months, or with fine, which may extend to o ne
thousand rupees, or with both.
11. (1) Any person aggrieved by an order under
sub-section (1) of section 3 or und er sub -section (1) or
sub-section (3) of section 4, may, within sixty days of the
date of the publication of such order under sub -section (3)
of section 3, or, as the case may be, within sixty days of the
date on which an order under sub-section (1) or sub-section
(3) of section 4 is made, prefer an appeal to the High Court;
and upon such appeal, the High Court may pass suc h order
as it deems fit confirming, varying or reversing the order
appealed from, and may pass such consequential or
incidental orders as may he necessary.
(2) Every such appeal shall be heard by a Bench of not
less than two Judges.
12. Where no order under section 3 or section 4 has been
made in respect of any performance, nothing in this Act
shall bar a prosecution under the Indian Penal Code
(Central Act 45 of 1860), or any other law.
13. No suit, prosecution or other legal proceeding shall be
instituted against any authority or officer for anything which
is in good fait h done or intended to be done under this Act
or any rule or order made thereunder.
Appeal to High
Court.
Saving of,
prosecutions
under other laws.
Protection for acts
done in good
faith.
8 [Act No. VIII of 1956]
14. (1) The Government may, by notification in the
6[Telangana Gazette], mak e rules for carrying out the
purposes of this Act.
7[(2) Every rule made under this section shall,
immediately after it is made, be laid before each House of
the State Legislature if it is in session and if it is not in
session, in the session immediately following, for a total
period of fourteen days which may be comprised in one
session or in two successive sessions, and if, before the
expiration of the session in which it is so laid or the session
immediately following, both Houses agree in making any
modification in the rule or in the annulment of the rule, the
rule shall, from the date on which the modification or
annulment is notified, have effect only in such modified form
or shall stand annulled, as the case may be ; so however
that any such modification or annulment shall be withou t
prejudice to the validity of anything previously done under
that rule.]
15. The p rovisions of this Act shall be in addition to, and
not in derogation of, any other law for the time being in
force.
16. The Dr amatic Performances Act, 1876 (Central Act
19 of 1876), in so far as it applies to the State of Andhra is
hereby repealed.
* * *
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
7. Substituted by Act 13 of 1968.
Power to make
rules.
Other laws not
affected.
Repeal of Central
Act 19 of 1876.
Lex