THE DRAMATIC PERFORMANCES ACT, 1876 (XIX of 1876) CONTENTS 1. Short title 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, sections 124-A and 294 10. Power to prohibit dramatic performance in any local area, except under license 11. Omitted 12. Exclusion of performance at religious festivals TEXT 1 THE DRAMATIC PERFORMANCES ACT, 1876 (XIX of 1876) [23rd 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 enacted as follows:– 1. Short title.– This Act may be called the Dramatic Performances Act, 1876. 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, 1For the Statement of Objects and Reasons, see Gazette of India, 1876, Pt. V, p.347; for Proceeding in Council, see ibid., Supplement, pp.328,343 and 1341. This Act was published in the Gazette of India, Part IV, dated 23.12.1876, pages 387-388. 2Substituted for the words “all the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); and published in the Gazette of Pakistan (Extraordinary) , dated 9.6.1960, pages 725-845, see Article 3 & Second Schedule (w.e.f. 14.10.1955), which had been firstly substituted for the words “the whole of British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949) ; and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, pages 223-283, see Article 3 & Schedule. 3Repealed t he words “And it shall come into force at once” by the Repealing and Amending Act, 1914 (X of 1914) ; and published in the Gazette of India, Part IV, dated 21.3.1914, pages 47- 59, see section 3 & the Second Schedule. 4Omitted the words “in the Presidency -towns, a Magistrate of Police, and elsewhere” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, pages 223-283, see Article 3 & Schedule. 5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 6Substituted for “British India [or British Burma]” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); and published in the Gazette of Pakistan (Extraordinary) , dated12.5.1951, pages 340-388, see s.4 and Third Schedule . The words in brackets had been inserted by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 3 & First Schedule. the 7 [Provincial Government] 8 [* * * * * *] 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 p erformance 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 9 [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 10 [Provincial Government] or such officer thinks necessary. 7Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 8Omitted t he words “or outside the Presiden cy-towns the Provincial Government” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949); and published in the Gazette of Pakistan (Extraordinary), dated 28.3.1949, pages 223-283, see Article 3 & the Schedule. 9Substituted for t he words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 10Substituted ibid. 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 com mitted an offence under section 176 of the 11 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 12 Pakistan Penal Code. 10. Power to prohibit dramatic performance in any local area, except under license.– Whenever it appears to the 13 [Provincial Government] that the provisions of this section are required in any local area, it may 14 [* * * *] declare, by notification in the 15 [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 16 [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 17 [Provincial Government], or such officer as it may specially empower in this behalf. The 18 [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 p urport, if and so far as it is in pantomime, has been furnished, not less than three days before the performance to the 19 [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 an y keeper of a place of pub lic 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 11XLV of 1860. 12XLV of 1860. 13Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 14Repealed the words “with the sanction of the G.G. in C.” by the Decentralization Act, 1914 (IV of 1914) ; and published in the Gazette of India, Part IV, dated 28.2.1914, pages 21-32, see section 2 & the Schedule, Part I. 15Substituted for “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 16Substituted for the words “Local Gover nment” by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article 4 & Table of General Adaptations. 17Substituted ibid. 18Substituted Ibid. 19Substituted ibid. Magistrate with imprisonment for a term which may extend to three months, or with fine, or with both. 20 [11. Power exercisable by Governor-General.– * * * * * * ] 12. Exclusion of performance at religious festivals .– Nothing in this Act applies to any jatras or performances of a like kind at religious festivals. 20Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937 ; and published in the Gazette of India (Extraordinary), dated 1.4.1937, pages 75-344, see Article3 and First Schedule.