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Short title.
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1. This Ordinance may be cited as the Public Performances Ordinance.
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Interpretation.
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2. In this Ordinance, the term “public performnance” includes –
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(a) every public dramatic representation ;
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(b) every exhibition of pictures or optical effects by means of a cinematograph , magic lantern, or other similar appartus ;
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(c) every exhibition of dancing, conjuring, juggling, acrobatic performnance, boxing contest, circus concert, or other stage entertainment , but does not include any performnance on private premises to which the public are not admitted whether on payment or otherwise.
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Power of Minister to make rules for the regulation of public performances.
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3.
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(1) The Minister[1] may make rules for the regulation of public performances, and in particular, without prejudice to the generality of the power so granted, for the following purposes;-
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(a) for the issue of licences for buildings or erections to be used for public performances, or for any particular public performance, and for the withdrawal, suspension, or modification of the conditions of such licences;
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(b) for the payment of fees for such licences;
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(c) for the regulation of the character of public performances;
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(d) for the submission to the prescribed authority of a description of any public performance intended to be exhibited, and in such cases as such authority thinks fit to require, for the exhibition before such authority of any such performance before the same shall be advertised or exhibited;
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(e) for the issue of permits for the exhibition of such performances, and for the withdrawal, suspension, and modification of the conditions of such permits;
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(f) for the regulation of the structural condition of licensed buildings or erections, and for the protection of the public against fire, overcrowding, disorder, or other dangers;
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(g) for the inspection of licensed buildings and erections and of performances therein;
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(h) for the prohibition and prevention of public performances in unlicensed buildings and erections, or of unauthorized performances in licensed buildings or erections.
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(2) All rules when made as aforesaid shall be laid as soon as conveniently may be before Parliament; and if a resolution is passed by Parliament within forty days of their being so laid praying that any rule shall be annulled, such rule shall thenceforth be void, but without prejudice to anything done thereunder.
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Penalty for offences against ordinance.
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4.
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(1) Any person infringing any rule made under this Ordinance shall be guilty of an offence and liable to a fine not exceeding on e thousand rupees , or to simple imprisonment for any period not exceeding six months.
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(2) Any such offence shall be triable by a MAgistrate , notwithstanding any limitation of the ordinary jurisdiction of such Magistrate .
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Sections 3 and 4 not to apply in municipal areas.
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5. Sections 3 and 4 of this Ordinance shall not apply in any Municipal area in respect of which by-laws for the regulation of public performances have been or shall hereafter be made under the powers granted to Municipal Councils by paragraph 18 of section 272 of the Municipal Councils Ordinance, but the by-law-making powers granted to Municipal Councils by the said paragraph shall be deemed to include all the powers conferred upon the Minister[1] by this Ordinance, and any person committing any offence against any by-law under the said paragraph shall be liable to the same punishment as if the said by-law had been a rule made under this Ordinance, and may be tried before a Municipal Magistrate, notwithstanding any limitation of the ordinary jurisdiction of such Magistrate.
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Certification of performances as suitable for public exhibition.
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6.
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(1) Subject to the provisions of subsection (9), no public performnance shall be exhibited or preented unless it has been certified by a certifying authority as suitable for public exhibition, and such certificate remains unrevoked.
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(2) The Minister may by Order published in the Gazette appoint any person or persons, by name or by office, to be for the purposes of this section the certifying authority for the whole of Ceylon or for any specified area in Ceylon ; and in the exercise of the powers and functions under this section, a certifying authority shall act in accordance with such directions as may be issued in that behalf by the Minister.
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(3) A certifying authority shall have the discretion-
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(a) to grant or refuse a certificate to the effect that any proposed public performance is suitable for public exhibition; and
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(b) by order to revoke any such certificate previously granted under paragraph (a).
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Every such order of revocation shall be served in the prescribed manner upon the person on whose application the certificate was granted, and shall take effect upon the date of such service.
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(4) Where a certifying authority refuses to grant a certificate under subsection (3) in respect of any public performance or makes order revoking any such certificate, any person aggrieved by the refusal or revocation may, in the prescribed manner, appeal against such refusal or revocation to the Minister; and the decision of the Minister upon such appeal shall be final and conclusive.
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(5) For the purposes of the exercise of the powers and functions conferred or imposed by this section, a certifying authority or the Minister may require the exhibition or presentation, before it or him or before any other specified persons, of any proposed public performance.
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(6) Where any film is certified under the preceding provisions of this section as suitable for public exhibition, the certifying authority may cause the film to be marked in the prescribed manner; and no film which has been so certified shall be exhibited or presented with any alterations or additions made after being so marked.
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(7) The preceding provisions of this section shall have effect in addition to and notwithstanding anything in any rules made under section 3 or any by-laws referred to in section 5 ; and the certification under this section of any proposed public performance as being suitable for public exhibition shall not be deemed or construed to authorize its exhibition or presentation in contravention of such rules or by-laws.
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(8) Where any public performance is exhibited or presented in contravention of the provisions of this section, the person for the time being entitled to occupy the premises at which the performance is exhibited or presented and every other person responsible for, or participating or otherwise concerned in, the presentation or exhibition of that performance, shall be guilty of an offence and liable, after summary trial before a Magistrate, to a fine not exceeding one thousand rupees or to imprisonment of either description for any period not exceeding six months.
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(9) The preceding provisions of this section shall not apply-
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(a) to any exhibition of conjuring or juggling or to any boxing contests; or
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(b) to any other performance of any class or description of performances which may be exempted from those provisions by Order made under subsection (10).
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(10) The Minister may by Order published in the Gazette-make such provision as he may consider necessary for carrying out or giving effect to the principles and purposes of this section, including provision for or in respect of any matter authorized or required by this section to be prescribed.
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(11) In this section, “Minister” means the Minister in charge of the subject of Defence.
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