The Himachal Pradesh Dramatic Performances Act, 1964

THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 

1964 

ARRANGEMENT OF SECTIONS 

Sections: 

1. Short title, extent and commencement. 

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 disobeying prohibition. 

8. Power to call for information. 

9. Power to call for copy of purport of drama, etc. 

10. Appeal to the High Court. 

11. Saving of prosecutions under other laws. 

12. Protection for acts done in good faith. 

13. Power to make rules. 

14. Repeal of Central Act XIX of 1876. 

15. Savings. 

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THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 

1964 

(ACT NO. 4 OF 1964)
1
 

(Received the assent of the President on the 18
th
 March, 1964, and 

was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 

28
th
 March, 1964, pp.129-133). 

An Act to provide for the better control of public dramatic performances 

in the State of Himachal Pradesh. 

Amended, repealed or otherwise affected by,- 

(i)  H.P. Act No. 25 of 1969
2
, assented to by the President on 13

th
 

September, 1969, published in the Rajpatra, Himachal Pradesh 

                                                 
1.  For Statement of Objects and reasons see the Rajpatra, Himachal Pradesh (Extra-

ordinary), dated the 30
th

 January, 1964, p. 29. For its Authoritative Hindi Text see 

the Rajpatra, Himachal Pradesh (Extra-ordinary), dated 7
th

 June, 1986, pp. 984-

990. 

2.  The Act extended to the areas added to Himachal Pradesh under section 5 of the 

Punjab Re-organisation Act, 1966 vide H. P. Act No. 25 of 1969. 



THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 2 

(Extra-ordinary), dated the 13
th
 October, 1969, p. 883-887. 

(ii)  The Himachal Pradesh Adoption of Laws (State and Concurrent 

Subjects) Order, 1973, published in the Rajpatra, Himachal 

Pradesh (Extra-ordinary), dated the 20
th
 January, 1973, pp. 91-

112. 

WHEREAS it is expedient to provide for the better control of public 

dramatic performances in the 
1
[State] of Himachal Pradesh; 

BE it enacted in the Fifteenth Year of the Republic of India as 

follows:- 

1. Short title, extent and commencement.- (1) This Act may be 

called the Himachal Pradesh Dramatic Performances Act, 1964. 

(2) It extends to the whole of the 
2
[State] of Himachal Pradesh. 

(3) It shall come into force on such date as the State Government 

may, by notification, appoint in this behalf. 

2. Definitions.- In this Act, unless the context otherwise requires.-  

(1)  "objectionable performance" means any play, pantomime or 

other drama which is likely to- 

(i)  incite 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 any person to commit murder, sabotage or any 

offence involving violence; or 

(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 to recruiting of persons to serve in any 

such force or prejudice the discipline of any such force; 

or 

(iv) incite any section of the citizens of India to acts of 

violence against any other section of the citizens of 

India; or 

(v)  which is deliberately intended to outrage the religious 

feelings of any class of the citizens of India by insulting 

or by blaspheming or profaning the religion or the 

religious beliefs of that class; or 

(vi)  is grossly indecent, or is scurrilous or obscence or 

intended for blackmail. 

Explanation I.- A performance shall not be deemed to be 

                                                 
1.  Substituted for the words "Union Territory"  vide A. O. 1973. 

2.  Substituted for the words “Union Territory”  vide A.O. 1973. 



THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 3 

objectionable merely because in the course thereof words 

uttered, or signs or visible representations are made, ex-pressing 

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. 

Explanation II.- In judging whether any performance is 

an objectionable performance, the play, pantomime or other 

drama shall be considered as a whole. 

(2)  "Official Gazette" means the Rajpatra, Himachal Pradesh; 

(3)  "public place" means any building or enclosure, or any place 

in the open air and any pandal where the sides are not 

enclosed to which the public are admitted to witness a 

performance. 

1
[(4) XXXXXXXXXXXXXXXX]. 

3. Powers to prohibit objectionable performances.- (1) Whenever 

the State Government are satisfied that any play, pantomime or other drama 

performed or about to be performed in a public place is an objectionable 

performance, they may, by order stating the grounds on which they consider 

the performance objectionable, prohibit the performance. 

(2) No order under sub-section (1) shall be passed without giving a 

reasonable opportunity to the organizer or other principal persons responsible 

for the conduct of the performance or to the owner or occupier of the public 

place in which such performance is intended to take place, to show cause why 

the performance should not be prohibited. 

(3) Every order made under sub-section (1) shall be published in the 

Official Gazette. 

(4) Any order made under the sub-section (1) may also be notified by 

proclamation and a written or printed notice thereof may be affixed at any 

place or places adapted for giving information of the order to the persons 

intending to take part in the performance so prohibited. 

4. Power to prohibit objectionable performances temporarily.- (1) 

The District Magistrate, if he is of opinion that any play, pantomime or other 

drama performed or about to be performed, being of the nature specified in 

section 2, is likely to lead to a breach of the peace, by order stating the 

grounds for such opinion, prohibit its performance : 

Provided that the District Magistrate may review his order on an 

application made by the person or party affected by such order. 

(2) Subject to any order made by the court on appeal under section 10, 

an order under this section shall remain in force for two months from the 

making thereof : 

                                                 
1.  The definition of  "State Government"  omitted vide A.O. 1973. 



THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 4 

Provided that the District Magistrate, may, if he is of opinion that the 

order should continue in force, 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. 

5. Service of order of prohibition.- A copy of the order made under 

section 8, sub-section (1), or under section 4, sub-section (1) or sub-section 

(2), may be served personally or in such other manner as may be prescribed 

by rules made under section 13, 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 of the public place, in 

which such performance is intended to take place. 

6. Penalty for disobeying order.- Any person on whom a copy of the 

order referred to in section 3 or section 4 is served and who does, or willingly 

permits, any act in disobedience of such order, shall, on conviction, be 

punished with imprisonment for a term which may extend to three months or 

with fine which may extend to one thousand rupees, or with both. 

7. Penalty for disobeying prohibition.- (1) Any person who after the 

publication of an order under section 3, sub-section (3), or during the period 

when an order made under section 4, sub-section (1) or sub-section (2), is in 

force, organizes or is responsible for the conduct of, or who with the 

knowledge that such an 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 performance so prohibited, shall, on conviction, be punished 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 occupies, or having the use of 

any public 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 punished with 

imprisonment for a term which may extend to three months, or with fine 

which may extend to one thousand rupees, or with both. 

8. Power to call for information.- (1) For the purpose of ascertaining 

the character of any intended play, pantomime or other drama, the State 

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 other persons about to take part in, such play, pantomime or 

other drama or the author, proprietor or printer of the play, pantomime or 

other drama about to be performed, or the owner or occupier of the place in 

which it is intended to be performed, to furnish such information as the State 

Government or such officer may think necessary. 

(2) Every person so required shall be bound to furnish the information 

to the best of his ability within the time specified in such order and in case of 

contravention shall be deemed to have committed an offence under section 

176 of the Indian Penal Code (Central Act XLV of 1860) (45 of 1860). 

9. Power to and for copy or purport of drama, etc.- (1) If the State 



THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 5 

Government or the District Magistrate have or has reason to believe that an 

objectionable dramatic performance is about to take place, the State 

Government or the District Magistrate, as the case may be, may, by order, 

direct that no such dramatic performance shall take place in any public place 

within any area unless a copy of the piece, if any 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 seven days before the performance, to the State 

Government or the District Magistrate aforesaid. 

(2) A copy of any order made under sub-section (1) may be served on 

the owner or occupier of the public place in which such performance is 

intended to take place, and if thereafter he does or willingly permits, any act 

in disobedience of such order he shall, on conviction, be punished with 

imprisonment for a term which may extend to three months, or with fine 

which may extend to one thousand rupees, or with both. 

10. Appeal to the Court of the Judicial Commissioner.- Any 

person aggrieved by an order under section 3, sub-section (1), or under section 

4, sub-section (1) or sub-section (2), may, within sixty days of the publication 

of such order under section 3, sub-section (3), or, as the case may be, within 

sixty days of the date on which an order under section 4, sub-section (1) or 

sub-section (2), is made, prefer an appeal to 
1
[the Judicial Commissioner, 

Himachal Pradesh], and upon such appeal, he may pass such orders as he 

deems fit confirming, varying or reversing the order appealed for, and may 

pass such consequential or incidental orders as may be necessary. 

11. Saving of prosecutions under other laws.- 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 XLV of 1860) (45 of 1860) or any other law. 

12. Protection for acts done in good faith.- No suit, prosecution or 

other legal proceeding shall be instituted against any authority or officer for 

anything which is in good faith done or intended to be done under this Act or 

any rule thereunder. 

13. Power to make rules.- (1) The State Government may, by 

notification in the Official Gazette, make rules to carry out the purposes of 

this Act. 

(2) All rules made by the State Government under sub-section (1) 

shall, as soon as possible after they are made, be laid on the Table of the 

Legislative Assembly of Himachal Pradesh. 

14. Repeal of Central Act XIX of 1876.- The Dramatic 

Performances Act, 1876 (Central Act XIX of 1876) in so far as it applies to 
2
[State] of Himachal Pradesh, is hereby repealed. 

 

                                                 
1. See paragraph 8 of A.O. 1973. 

2.  Substituted for the words "Union Territory"  by A.O. 1973. 



THE HIMACHAL PRADESH DRAMATIC PERFORMANCES ACT, 1964 6 

15. Saving.- The repeal of the Dramatic Performances Act, 1876, by 

section 14 shall not affect:- 

(a)  the previous operation of the said Act or anything duly done 

or suffered thereunder; or 

(b)  any right, privilege, obligation or liability acquired, accrued 

or incurred under the said Act; or 

(c)  any penalty, forfeiture or punishment incurred in respect of 

any offence committed against the said Act; or 

(d)  any investigation, legal proceeding or remedy in respect of 

any such right, privilege, obligation, liability, penalty, 

forfeiture or punishment as aforesaid; 

and any such investigation, legal proceeding or remedy may be 

instituted continued or enforced and any such penalty, forfeiture or 

punishment may be imposed as if the said Act had not been repealed. 

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