THE PUDUCHERRY DRAMATIC PERFORMANCES ACT, 1965

441 
 

THE PUDUCHERRY DRAMATIC 
PERFORMANCES ACT, 1965. 

(No. 9 of 1965) 
 

ARRANGEMENT OF SECTIONS 
 
 SECTION  
 
 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 information.  
 9.  Power to call for copy of purport of drama, etc. 
 10.  Appeal to High Court.  
 11.  Saving of prosecutions under other laws.  
 12.  Protection for acts done in good faith.  
 13.  Power to make rules.  

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 



442 
 

THE PUDUCHERRY DRAMATIC PERFORMANCES 
ACT, 1965. 

(Act No. 9 of 1965) 
 

24th April, 1965.  

 
AN ACT 

 

to provide for the better control of public dramatic performances in the Union  
 territory of  Puducherry.  
 
 WHEREAS it is expedient to provide for the better control of public 
dramatic performances in the Union territory of Puducherry;  
 
 BE it enacted by the Legislative Assembly in the Sixteenth Year of the 
Republic of India as follows:  -  
 

 1. Short title, extent and commencement. – (1) This Act may be called the 
Puducherry Dramatic Performances Act, 1965. 

  (2) It extends to the whole of the Union territory of Puducherry. 

       + (3) It shall come into force at once.   
 

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

  (1) “Competent Authority” means -  

(a)  in relation to the entire Union territory of  Puducherry the 
District Magistrate, and  

(b)  in relation to Karaikal, Mahe and Yanam the Administrator of 
the respective region.  

  (2) “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  

 
 
  + This Act came into force w.e.f  19.05.1965.  

 
 



443 
 

(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 
the 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 which --  

(v)  is deliberately intended to outrage the religious feelings of any 
class of the citizens of India by insulting  or blaspheming or 
profaning the religion or the religious beliefs of that class; or  

(vi) is grossly indecent, or is scurrilous or obscene or intended for 
blackmail;   

  Explanation I. --- A performance shall not be deemed to be objectionable 
merely because in the course thereof words are signs uttered 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.  

  Explanation II. --- In judging whether any performance is an objectionable 
performance, the play, pantomime or other drama shall be considered as a whole.  

  (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;  

  (4) “State Government” means the Administrator appointed under Article 
239 of the Constitution.  
 

 3. Power 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.  

 
 
 



444 
 
  (3) Every order made under sub-section  (1) shall be published in the State 
Gazette.  

  (4) Any order made under 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 
competent authority may, if he is of opinion that any place, pantomime or other 
drama performed on 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 authority who passed such order may review it 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 form the making 
thereof:  

  Provided that the competent authority 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 sub-
section  (1) of section 3, or under sub-section  (1) or (2) of section 4, 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 in 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.  
 
 
 
 
 
 
 



445 
 
 7. Penalty for disobeying prohibition. -- (1) Any person who, after the 
publication of an order under sub-section  (3) of section 3, or during the period 
when an order made under sub-section (1) or (2) of section 4, is in force organises 
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 occupier, 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 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 organisers 
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). 
 

 9. Power to call for copy of purport of drama, etc. – (1) If the State Government 
or the competent authority have or has reason to believe that an objectionable 
dramatic performance is about to take place, they or he, 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 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 competent authority 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.  
 



446 
 
 10. Appeal to High Court. – Any person aggrieved by an order under sub-
section  (1) of section 3, or under sub-section  (1) or (2) of section 4, may, within 
sixty days 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 (2) of section 4, is made, prefer an appeal to the High Court; and upon such 
appeal, the High Court may pass such orders as it deems fit confirming, varying or 
reversing the order appealed from, and may pass such consequential or incidental 
orders as may be necessary.  

  (2) Every such appeal shall be heard by a Bench of not less than two 
Judges.  
 

 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) 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 made 
thereunder.  
 

 13. Power to make rules. – (1) The State Government may, by notification in 
the Gazette, make rules for the purpose of carrying into effect the provisions of 
this Act.  

  (2) All rules made under this section shall be subject to the condition of 
previous publication, and the date to be specified under clause (3) of section 23 of 
the General Clauses Act, 1897 (10 of 1897), shall not be less than one month from 
the date on which the draft of the proposed rules was published.  

 
  (3) All rules made under this Act shall, as soon as may be after it is made, 
be laid before the Legislative Assembly of Puducherry while it is in session for a 
total period of fourteen days which may be comprised in one session or in two 
successive sessions and if before the expiry of the sessions in which it is so laid or 
the session immediately following the Legislative Assembly makes any 
modification in the rule or decides that the rule should not be made, that rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may 
be, so, however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule.   
 

--------------------