THE
DRAMATIC PERFORMANCES ACT, 1876
(Act XIX of 1876)
[16 December 1876]
Preamble.— WHEREAS it is expedient to empower the
Government to prohibit public dramatic performances which are scandalous,
defamatory, seditious or obscene;
It
is hereby enacted as follows:-
1. Short title. — This Act may be called the Dramatic
Performances Act, 1876.
2. “Magistrate” defined.— In this Act “Magistrate” means, [3][3][* * *] the Magistrate of the district.
3. Power to
prohibit certain dramatic performances.— Whenever the [4][4][Provincial Government] is of opinion that any play,
pantomime or other drama performed or about to be performed in a public place
is—
(a) of
a scandalous or defamatory nature, or
(b) likely
to excite feelings of disaffection to the Government established by law in [5][5][Pakistan], or
(c) likely to deprave and corrupt persons present at the performance,
the [6][6][Provincial Government], [7][7][* * *] or such Magistrate as it may empower
in this behalf, may by order prohibit the performance.
Explanation— Any building or enclosure to which the public
are admitted to witness a performance on payment of money shall be deemed a
“public place” within the meaning of this section.
4. Power to
serve order of prohibition — Penalty for disobeying order.— A copy of any such
order may be served on any person about to take part in the performance so
prohibited or on the owner or occupier of any house, room or place in which
such performance is intended to take place; and any person on whom such copy is
served, and who does, or willingly permits, any act in disobedience to such
order, shall be punished on conviction before a Magistrate with imprisonment
for a term which may extend to three months, or with fine, or with both.
5. Power
to notify order.— Any such order may be notified by proclamation, and a written or
printed notice thereof may be stuck up at any place or places adapted for
giving information of the order to the persons intending to take part in or to
witness the performance so prohibited.
6. Penalty for disobeying prohibition.— Whoever after the notification of any such
order—
(a) takes part in the performance prohibited thereby or in any
performance substantially the same as the performance so prohibited, or
(b) in
any manner assists in conducting any such performance, or
(c) is,
in willful disobedience to such order, present as a spectator during the whole
or any part of any such performance, or
(d) being
the owner or occupier, or having the use of any house, room or place, opens,
keeps or uses the same for any such performance, or permits the same to be
opened, kept or used for any such performance,
shall be punishable on
conviction before a Magistrate with imprisonment for a term which may extend to
three months, or with fine, or with both.
7. Power to call for information.— For the purpose of ascertaining the
character of any intended public dramatic performance, the [8][8][Provincial Government], or such officer as
it may specially empower in this behalf, may apply to the author, proprietor or
printer of the drama about to be performed, or to the owner or occupier of the
place in which it is intended to be performed, for such information as the [9][9][Provincial Government] or such officer
thinks necessary.
Every person so applied to shall be bound to furnish
the same to the best of his ability, and whoever contravenes this section shall
be deemed to have committed an offence under section 176 of the [10][10]Pakistan Penal Code.
8. Power to
grant warrant to Police to enter and arrest and seize.— If any Magistrate has
reason to believe that any house, room or place is used, or is about to be
used, for any performance prohibited under this Act, he may, by his warrant,
authorize any Officer of Police to enter with such assistance as may be
requisite, by night or by day, and by force, if necessary, any such house, room
or place, and to take into custody all persons whom he finds therein, and to
seize all scenery, dresses and other articles found therein and reasonably
suspected to have been used, or to be intended to be used, for the purpose of
such performance.
9. Saving of
prosecutions under Penal Code, sections 124-A and 294.— No conviction under
this Act shall bar a prosecution under section 124A or section 294 of the [11][11]Pakistan Penal Code.
10. Power to prohibit dramatic performance in any
local area, except under license.— Whenever it appears to the [12][12][Provincial Government] that the provisions
of this section are required in any local area, it may [13][13][* * *] declare, by notification in the [14][14][Official Gazette], that such provisions are
applied to such area from a day to be fixed in the notification.
On
and after that day, the [15][15][Provincial Government] may order that no
dramatic performance shall take place in any place of public entertainment
within such area, except under a license to be granted by such [16][16][Provincial Government], or such officer as
it may specially empower in this behalf.
The
[17][17][Provincial Government] may also order that
no dramatic performance shall take place in any place of public entertainment
within such area, unless a copy of the piece, if and so far as it is written, or
some sufficient account of its purport, if and so far as it is in pantomime,
has been furnished, not less than three days before the performance to the [18][18][Provincial Government] or to such officer as
it may appoint in this behalf.
A
copy of any order under this section may be served on any keeper of a place of
public entertainment; and if there after he does, or willingly permits, any act
in disobedience to such order, he shall be punishable on conviction before a
Magistrate with imprisonment for a term which may extend to three months, or
with fine, or with both.
11. [Power exercisable by Governor-General]. Repealed by A.O., 1937.
12. Exclusion of performance at religious
festivals.— Nothing in this
Act applies to any jatras or
performances of a like kind at religious festivals.
[1][1]Substituted by the Central
Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), (with effect from the 14th
October, 1955), for “all the Provinces and the Capital of the Federation” which
had been substituted by the Adaptation of Central Acts and Ordinances Order,
1949 (G.G.O. 4 of 1949), for “the whole of British India”.
[2][2]The words “And it shall come
into force at once” repealed by the Repealing and Amending Act, 1914 (X of
1914).
[3][3]The words “in the
Presidency-towns, a Magistrate of Police, and elsewhere” omitted by the
Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949).
[4][4]Substituted for the words
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937, as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[5][5]Substituted by Federal Laws
(Revision and Declaration) Act, 1951 (XXVI of 1951), for “British India [for
British Burma]”. The words in brackets had been inserted by the Government of
India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937.
[6][6]Substituted by Government of
India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 for “Local
Government”.
[7][7]The words “or outside the
Presidency-towns the Provincial Government” omitted by the Adaptation of
Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949)
[8][8]Substituted, by Government of
India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 for “Local
Government”.
[12][12]Substituted, by Government of
India (Adaptation of Indian Laws) Order, 1937, as amended by the Government of
India (Adaptation of Indian Laws) Supplementary Order, 1937 for “Local
Government”.
[13][13]The words, “with the sanction
of the G.G. in C.” repealed by the Decentralization Act, 1914 (IV of 1914).
[14][14]Substituted by the Government
of India (Adaptation of Indian Laws) Order, 1937, as amended by the Government
of India (Adaptation of Indian Laws) Supplementary Order, 1937 for “Local
Official Gazette”.
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