Dramatic Performances Act, 1876

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 1adc46db9395dce16143b25019a1e3a67d994cbe1f78a7422fbc53e9af42b6b4.

Page 
1
 
of 
4
 
 
 
 
THE DRAMATIC PERFORMANCES ACT, 1876
 
 
 
 
CONTENTS
 
 
 
Preamble
 
 
1.
 
      
Short title
 
             
Local extent
 
2. 
 
Magistrate defined
 
3. 
 
Power to prohibit certain dramatic performances
 
4. 
 
Power to serve order of 
prohibition. Penalty for disobeying order
 
5. 
 
Power to notify order
 
6. 
 
Penalty for disobeying prohibition
 
7.
 
Power to call for information
 
8. 
 
Power to grant warrant to Police to enter and arrest and seize
 
9. 
 
Saving of prosecutions under Penal Code, sect
ions 124 A and 294
 
10
. 
 
Power to prohibit dramatic performance in any local area, except under license
 
11. 
 
[
Repealed
.
]
 
12. 
 
Exclusion of performance at religious festivals
 
 
 
 
 
 
 
 

 
Page 
2
 
of 
4
 
 
THE DRAMATIC PERFORMANCES ACT, 1876
 
1
Act No. XIX OF 
1876
 
[
16th 
December, 1876
] 
 
An Act for the better control of public dramatic performances
 
Preamble.
___
 
WHEREAS it is expedient to empower the Government to prohibit public 
dramatic performances which are scandalous, defamatory, seditious or obscene; 
it
 
is hereby enac
ted 
as follows:
–
 
 
1.
 
Short title
.
 
This Act may be called the Dramatic Performances Act. 1876. 
 
2.
 
Local extent
.
 
It extends to 
2
[the whole of Pakistan]. 
 
3
*
 
 
*
 
 
* 
 
*
 
 
*
 
 
*
 
 
* 
 
2. “Magistrate” defined
.
___
 
In this Act “Magistrate” means, 
4
* * * the Magistrate of the 
district. 
 
3. Power to prohibit certain dramatic performances
.
 
Whenever the 
5
[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 
6
[Pakistan], or 
 
(c) 
 
likely to deprave and corrupt persons present at the performance,
 
 
 
the 
5
[Provincial Government], 
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 b
e 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 Ma
gistrate with imprisonment for a term which 
may extend to three months, or with fine, or with both. 
 
1
For the Statement of Objects and Reasons, 
see 
Gazette of India, 1876, Pt. V, p. 347 : for Proceedings in Council, 
see ibid., 
Supplement, pp. 328, 343 and 
1341. 
 
This Act has been declared to be in force in the Balochistan, 
see 
the Balochistan Laws Regulation, 1913 (Reg. 2 of 1913), s. 3, as amended by
 
Regulation 
No. 5 of 1939. 
 
2
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (
with effect from 14th October, 1955
), for “all the Provinces 
and the Capital of the Federation” which had been subs. by A.O., 1949, Art
s. 3 (2) and 4, for “the whole of British India”. 
 
3
The words “And it shall come into force at once” rep. by the Repealing and Amending Act, 1914 (10 of 1914). 
 
4
The words “in the Presidency
-
towns, a Magistrate of Police, and else where” omitted by A. O., 
1949, Sch. 
 
5
Subs. by A. O., 1937 for “L. G.”. 
 
6
Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), for “British India [or British Burma]”. The word
s in brackets had been 
ins. by A.O., 1937. 
 
7
The words “or outside the Presidency
-
towns the Provincial Government” omitted by A.O., 1949, Sch. 
 
 
 
Page 
3
 
of 
4
 
 
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 wilful 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 ascer
taining the character of any in
tended 
public dramatic performance, the 
l
[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 suc
h 
information as the 
l
[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 und
er section 176 of 
the Pakistan Penal Code (XLV of 1860). 
 
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 t
o 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 Pakistan Penal Code (XLV 
of 18
60). 
 
2
10
. 
Power to prohibit dramatic performance in any local area, except under license
.
 
Whenever it appears to the 
l
[Provincial Government] that the provisions of this section are required in 
any local area, it may 
3
* * * declare, by notification in the
 
4
[official Gazette], that such provisions are 
applied to such area from a day to be fixed in the notification. 
 
1
Subs. by A. O., 1937, for “L. G”. 
 
2
The provision of section 10 shall apply to the whole of the N.W.F.P., with effect from the 4th January, 19
55, for certain conditions, 
see 
Gazette of 
N.W.F.P., 1955, Pt. I., p. 7. 
 
3
The words “with the sanction of the G.G. in C.” rep. by the Decentralization Act, 1914 (4 of 1914). 
 
4
Subs. by A. O., 1937, for “local official Gazette”. 
 
 
Page 
4
 
of 
4
 
 
On and after that day, the 
l
[Provincial Government] may order that no dramatic 
p
erformance 
shall take
 
place in any place of public entertainment within such area, except under a license to be 
granted by such 
l
[Provincial Government], or such officer as it may specially empower in this behalf. 
 
The 
l
[Provincial Government] may also order that no dramatic p
erformance 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 
l
[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 thereafter he does, or w
illingly 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. 
[
Powers exercisable by Governor
-
General.
] 
Rep.
 
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. 
 
 
___________
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Date: 16
-
09
-
2024
 
1
Subs. by A.O., 1937, for “L.G.”.