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The Telangana Objectionable Performances Prohibition Act, 1956.

Telangana · state statute
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THE 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. 

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