MYSORE RACE COURSES LICENSING ACT, 1952
8 of 1952
21st February, 1952
An Act to provide for the licensing of race courses in the State of Karnataka except Bellary District Whereas, it is expedient to make provision for the licensing, regulation, control and management of horse-racing on race courses and all matters connected therewith in the State of Karnataka except Bellary District. It is hereby enacted as follows.
Section 1 Short title, extent and commencement
(1) This Act may be called the Mysore Race Courses Licensing Act, 1952.
(2) It extends to the [whole of the State of Karnataka except Bellary District]
(3) It shall come into force at once.
Section 2 Definitions
In this Act.
(1) "Government" means the State Government;
(2) "Horse-race" means any race in which any horse, mare or gelding runs, or is made to run, in competition with any other horse, mare or gelding for any prize of whatsoever nature or kind, or for any bet or wager made or to be made in respect of any such horse, mare or gelding or the riders thereof, and at which more than twenty persons shall be present;
(3) "Licence" means a licence granted under Section 4 of this Act;
(4) "Licensee" means a person licensed under Section 4 of this Act;
(5) "Permit" means a permit granted to a book-maker under sub- section (4) of Section 4 of this Act;
(6) "Prescribed" means prescribed by rules made under this Act;
(7) "Race Course" means any ground on which a horse race can be held.
Section 3 Prohibition of horse-racing on unlicensed race courses
No horse race shall be held save on a race course for which a licence for horse-racing granted in accordance with the provisions of this Act, is in force.
Section 4 Licences for horse-racing
(1) The owner, lessee or occupier of any race course may apply to the Government for a licence for horse racing on such race course 11. Inserted by Act No. 7 of 1974 and shall be deemed to have come into force w.e.f. 29-11-1973 [or for arranging for wagering or betting in such race course on a horse race run on some other race course either within the State or outside the State.]
(2) The Government may withhold such licence or grant it subject to such conditions and for such period as they may think fit.
(3) In particular and without prejudice to the generality of the foregoing power, such conditions may provide for.-
(a) the payment of a licence fee;
(b) the maintenance of such accounts and furnishing of such returns as are required by the Betting Tax Act, 1932;
(c) the amount of stakes which may be allotted for different kinds of horses;
(d) the measures to be taken for the training of persons to become Jockeys;
(e) the measures to be taken to encourage Indian bred horses and Indian Jockeys;
(f) the inclusion or association of such persons as the Government may nominate as Stewards or members in the conduct and management of horse-racing;
(g) the utilisation of the amount collected by the licensee in the conduct and management of horse-racing;
(h) such other matters connected with horse-racing and the maintenance of the race course for which, in the opinion of the Government, it is necessary or expedient to make provision in the licence.
(4) The Government may, by such licence, authorise the licensee to grant, subject to such conditions as may be specified by the Government in such licence, a permit to any book-maker for such period not exceeding the period of the licence granted to the licensee as the licensee may think fit.
(5) The Government may, at any rime, suspend, cancel, or modify any of the conditions specified in, any licence or permit.
(6) The grant, cancellation or modification of any licence shall be published in the Karnataka Gazette.
Section 5 Penalty for taking part in horse race on unlicensed racecourse
Whoever takes part in any horse race on any race course for which no licence is granted or for which a licence granted in accordance with the provisions of Section 4 is not in force, shall be punishable with fine which may extend to five hundred rupees.
Section 6 Penalty for owner, etc., allowing racing on unlicensed racecourse
If any horse race is held on any race course for which a licence has not been granted or for which a licence granted is not in force, any person being the owner, lessee or occupier of such race- course, shall be punishable with fine which may extend to one thousand rupees.
Section 7 Penalty for contravening conditions of licence
(1) If any person to whom a licence has been granted contravenes any of the conditions subject to which such licence was granted, such person shall, without prejudice to any action that may be taken by the Government under sub-section (5) of Section 4, be punishable with fine which may extend to one thousand rupees.
(2) If any person to whom a permit has been granted by a licensee contravenes any of the conditions subject to which such permit was granted, he shall, without prejudice to any action that may be taken by the Government under sub-section (5) of Section 4, be punishable with fine which may extend to one thousand rupees.
Section 8 Saving of Orders
The granting, refusing or cancellation of a licence and the conditions subject to which a licence or permit is granted shall be within the discretion of the Government and shall not be liable to be called in question in any Court.
Section 9 Cognizance of offences under the Act
(1) No Court inferior to that of a Magistrate of the First Class, shall try any offence under this Act and no person shall be prosecuted under this Act except with the previous sanction of the Government.
(2) All offences under this Act shall be compoundable.
Section 10 Exemption
The Government may, by general or special order published in the Mysore Gazette, exempt any horse race from the operation of this Act.
Section 11 Power to make rules
(1) The Government may, by notification in the Mysore Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely.
(i) the form and manner in which applications for licences are to be made;
(ii) the fees payable 11. Substituted for the words "for such a licence" by Act No. 7 of 1974 and shall be deemed to have come into force w.e.f. 29-11-1973 [for such licences];
(iii) the period for which such licences are to be granted;
(iv) the renewal, modification and cancellation of licences.
Section 12 Amendment of Mysore Act V of 1908
For paragraph (ii) of ihe exception to sub-clause (1) of clause (i) of Section 4 of the Mysore Police Act, 1908, the following paragraph shall be substituted, namely.-
"(ii) in an enclosure which the licensee of the race course on which such race is to be run, has set apart for the purpose under the terms of the licence issued under Section 4 of the Mysore Race Courses Licensing Act, 1951".
Section 13 Amendment of Mysore Act XXVII of 1951
In Section 32 of the Mysore Lotteries and Prize Competitions Control and Tax Act, 1951, for clause (a), the following clause shall be substituted, namely.-
"(a) a licensee or a person to whom a permit has been granted under Section 4 of the Mysore Race Courses Licensing Act, 1951, or to any entries in respect of any stake or bet received by such licensee or person";
Section 14 Amendment of Mysore Act IX of 1932
The Betting Tax Act, 1932, shall be amended in the manner specified in the Schedule to this Act.
SCHEDULE 1 Amendments to the Betting Tax Act, 1932 (IX of 1932)
SCHEDULE [See Section 14] SCHEDULE
[See Section 14]
Amendments to the Betting Tax Act, 1932 (IX of 1932)
1. In Section 2.
(a) after clause (2), the following clause shall be inserted, namely.
"(2-A) "Licensee" means a person for whom a licence has been granted for horse- . . racing on a race course under Section 4 of the Mysore Race Courses Licensing Act, . 1951".
(b) In clause (3) for the words and figures commencing from "licence or permit" till the end of the clause, the following words and figures shall be substituted, namely.
"permit granted by a licensee to enable him to carry on his business or vocation under the Mysore Race Courses Licensing Act, 1951, as specified in the permit";
(c) Clause (5) shall be omitted;
(d) In clause (6), for the words and figures, "the stewards controlling a race meeting . have set apart in accordance with the Mysore Police Act, 1908", the words figures . . "the licensees have set apart in accordance with the provisions of the Mysore Race . Courses Licensing Act, 1951" shall be substituted.
.2. In Section 3, the words and figures "as from the First day of February, 1933" shall be . omitted and for the words "stewards of the race-meeting", the word "licensees" shall be substituted.
.3. In Sections 4, 5 and 8 for the words "stewards of a race- meeting", the word
"licensees" shall be substituted.
.4. In sub-section (1) of Section 6, the words and figures "as from the First day of February, 1993" shall be omitted and for the words and figures "under the provisions of the Mysore Police Act, 1908", the words and figures "by the licensee in accordance with the provisions of the Mysore Race Courses Licensing Act, 1951" shall be substituted.
.5. In Section 9.
(a) for sub-section (1), the following sub-section shall be substituted, namely.
"(1) The totalisator tax payable under Section 3, shall be recoverable from the licensees as an arrear of land revenue";
(b) in sub-section (2), for the words "as a revenue demand", the words "as an arrear of land revenue" shall be substituted.
.6. For Section 11, the following section shall be substituted, namely.
"11. (1) If any licensee or licensed book-maker evades or attempts to evade the collection or payment of the totalisator tax or betting tax, as the case may be, leviable and payable under this Act, or fails to maintain the accounts or supply any information which such licensee or book-maker is required to maintain or supply by or under this Act, or knowingly maintains false accounts or supplies false information, such licensee or book-maker shall be punishable with imprisonment which may extend to six months or with fine or with both.
(2) If any person contravenes or fails to comply with any of the provisions of this Act or of any rule made thereunder, and not otherwise provided for in sub-section (1), he shall be punishable with fine which may extend to five hundred rupees.
Explanation. If the person contravening any of the provisions of this Act or of any rule made thereunder is a company or other body corporate, every director, manager, secretary or other officer or agent thereof, shall, unless he proves that the contravention took place without his knowledge and that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention".
RULE:
MYSORE RACE COURSES LICENSING RULES, 1952
In exercise of the powers conferred by Section 11 of the Mysore Race Courses Licensing Act, 1952 (Mysore Act VIII of 1952), the Government of Karnataka is pleased to make the following rules.
Rule 1
These rules may be called the Mysore Race Courses Licensing Rules, 1952.
Rule 1A
These rules shall extend to the whole of the State of Karnataka.
Rule 2 In these rules
(i) the "Act" means the Mysore Race Courses Licensing Act, 1952 (Mysore Act VII of 1952);
(ii) "District Magistrate", "Superintendent of Police", "Inspector of Police" shall have the meanings respectively assigned to them in the Mysore Police Act, 1908;
(iii) "Form" means a form annexed to these rules;
(iv) All other words and expressions shall have the meanings assigned to them in the Act.
Rule 3
An application for a licence for horse racing on any Race Course shall be made to the Secretary to the Government of Karnataka, Home and Revenue Departments, in Form I and shall be accompanied by.
(a) a description, illustrated by a plan in quadruplicate, showing the situation, boundaries and area of the land in respect of which a licence is required;
(b) complete plans, elevations and sections, in quadruplicate of all buildings on the land;
(c) a statement showing the previous experience of the applicant in the conduct anal management of horse racing and such other particulars as may be necessary to satisfy the Government of the applicant's financial and technical competence to hold the licence;
(d) a Government treasury receipt in token of having credited the prescribed licence fee.
Rule 3A
1[1]. Rule 3-A inserted by Notification No. FD 22 CRC 73, dated 7-12-1973 (GSR 44) An application for a licence for arranging for wagering or betting on a horse race or some other race course, shall be made to the Secretary to the Government of Karnataka, Finance Department, in Form 2[2]. Substituted for the word and figures "Form II" by Notification No. FD 22 CRC 73, dated 10-9-1974 (GSR 273) [I-A], and shall be accompanied by a Government Treasury receipts in token of having credited the prescribed licence fee.]
Rule 4
On receipt of the application, the receiving officer shall give to the applicant an acknowledgement stating the date of receipt.
Rule 5 Check It
(1) 3[3]. Rule 5 renumbered as sub-rule (1) thereof by Notification No. FD 26 CRC 77, dated 13-9-1977 (GSR 282) []The Government may call for a report from such authority as it thinks fit and after such enquiry as it deems fit, if satisfied of the desirability of granting a licence, grant such licence in Form II 4[or Form III as the case may be.]
(2) 1[1]. Sub-rule (2) substituted for sub-rules (2) and (3) by Notification No. FD 12 CRC 78, dated 6-54978 (S.O. 1302) [Where the applicant is a company or body of individuals, no licence shall be granted under sub-rule (1) if more than fifty per cent of the elected members in the Managing Committee are owners of race horses].
Rule 6
Every licence granted under these rules shall be valid for the year ending with the 31st of March and may be renewed for further period of one year each by application made in writing to the Secretary to the Government of Karnataka, Home and Revenue Departments, not later than three months before the expiry of the licence.
Rule 7 The fee for the grant or renewal of a licence shall be
2[2] Rule 7 substituted by Notification No. FD 27 CRC 82, dated 26-11-1982, w.e.f. 26-11-1982 (GSR 240)
(i) 3[3]. Sub-rule (i) of Rule 7 substituted by Notification No. FD 7 CRC 88, dated 23-2-1988 and shall be deemed to have been substituted w.e.f. 1-4-1988 (GSR 51) [Sixty thousand rupees per day for regular/off- course race meetings and rupees one thousand per day for Gymkhana Race Meetings at Bangalore:] 4[4]. Deemed to have been inserted w.e.f. 1-4-1998 by Notification No. FD 20 CRC 2000, dated 5-9-2000 [Provided that with effect from the First day of April, 1998, the fee payable under this sub-rule, for regular/off Cource race meetings at Bangalore shall be sixty thousand rupees per day.]
(ii) Four thousand rupees per day for regular race meeting and one thousand rupees per day for Gymkhana races at Mysore:
Provided that if the application for renewal is not made within the period specified in Rule 6, the fee shall be a sum equal to twice the amount fixed under this rule].
Rule 7A
5[5]. Rule 7-A substituted by Notification No. FD 27 CRC 82, dated 26-11-1982, w.e.f. 26-11-1982 (GSR 240) The fee for the grant of renewal of a licence for arranging for wagering or betting on a horse race run on some other race course, within or outside the State.
(i) Fifteen thousand rupees per day at Bangalore,
(ii) Four thousand rupees per day at Mysore.]
Rule 8
6[6]. Rule 8 substituted by Notification No. FD 10 CRC 80(B), dated 13-3-1980, w.e.f. 14-3-1980 (GSR 60) Duplicate of a licence may be granted on payment of a fee of one hundred rupees.
Rule 9
In case of refusal of the grant or renewal of a licence intimation of the same shall be given to the applicant in writing and the licence fee paid shall be refunded to the applicant.
Rule 10
(1) The Government may, after notice to the licensee and after such enquiry, as it thinks fit, suspend or cancel the licence for breach of any of the conditions of the licence or for the contravention of any of the provisions of the Act or of these rules.
(2) The suspension or cancellation of a licence under sub-rule (1) shall not entitle the licensee to the refund of the licence fee of any portion thereof or to any other claim against Government.
Rule 11
The licence shall be produced on demand by the District Magistrate or any Police Officer of and above the rank of an Inspector of Police, authorised in this behalf by the District Magistrate.
Rule 12
The District Magistrate or any Police Officer of and above the rank of a District Superintendent of Police shall have access to the licenced Race Courses at all reasonable times for the purpose of satisfying himself that the conditions of the licence are duly observed.
APPENDIX 1 Application for Horse Racing Licence.
FORM [See Rule 3]
FORM
I
[See Rule 3]
Application for Horse Racing Licence.
1. Name of applicant (and if an individual,
his profession, residence and nationality); and if a company, association,
syndicate, partnership or private firm, the nature and place of business.
2. If the applicant is not the owner of the
Race Course, the name and address of the owner.
3. Whether the applicant is authorised to
conduct horse racing by any Turf Club and if so, the name of the said Turf
Club.
4. Whether the documents and particulars
specified in Rule 3 are annexed to the application.
Signature of Applicant(s).
I/We
hereby declare that the particulars furnished in this application are true and
correct and in the event of any of the particulars being found to be false, the
license may be refused or, if issued, cancelled and the licence fee forfeited.
I/We
agree to comply with the provisions of the Mysore Race Courses Licensing Act,
1952, the rules made thereunder and the conditions of the licence as in force
from time to time.
Signature of the Applicant(s).
APPENDIX 1A Application for Licence
FORM [See Rule 3-A]
FORM 1A
[See Rule 3-A]
Application for Licence
1. Name of the Applicant. 2. Whether the applicant is authorised to arrange betting by any Turf Club and if so, the name of the Turf Club. 3. Whether the documents and particulars specified in Rule 3-A are annexed to the application.
I/We
hereby declare that the particulars furnished in this application are true and correct
and in the event of any of the particulars being found to be false, the licence
may be refused or, if leased, cancelled and the licence fee forfeited.
I/We
agree to comply with the provisions of the Mysore Race Courses Licensing Act,
1952, the rules made thereunder and the conditions of the licence as in force
from time to time.
Signature of Applicant(s).
APPENDIX 2 Licence for Horse Racing on a Race Course
FORM [See Rule 5]
FORM
2
[See Rule 5]
Licence for Horse Racing on a Race Course
Name of Licensee
Situation of the
Race Course
Period for which
the licence is to be in force
Conditions of
Licence
The licence
is granted subject to the provisions of the Mysore Race Courses Licensing Act,
1952 and the rules made thereunder. It is also subject to the following
conditions.
1. The licensee
shall keep and maintain correct accounts of the receipts and payments, the
number of persons employed by the licensee, and shall allow any officer
authorised by the Government in that behalf to examine at any time, any
accounts, books and records maintained by it and shall furnish the Government
such information and returns as it may require. The licensee shall also furnish
such returns as are required by the Betting Tax Act, 1932, and the rules made
thereunder.
2. The licensee shall include a Stewards and if
the licensee is a company or other
body of individuals, also as members
of the Managing Committee, such
number of persons as the Government may nominate from time to time.
2A. Where the
licensee is a company or a body of individuals no licence shall be granted if
more than fifty per cent of the elected members in the Managing Committee are
owners of race horses.
3. The licensee shall always maintain in proper
working condition the Race Course, the buildings and other structures thereon.
4. The licensee is authorised to grant permits
to bookmakers not exceeding......subject to the following conditions.
(a) each bookmaker shall give a cash security
of not less than Rs. 2,000 to the licensee for proper accounting and payment of
betting tax;
(b) no person adjudged an insolvent shall be
granted a permit;
(c) the bookmaker shall keep and maintain
correct accounts of his receipts and payments and shall furnish to the licensee
daily statements of the bets received, the amounts paid and the amount payable
as betting tax.
5. Licensee
shall furnish to
Government, and to the
District Magistrate concerned annually in April of every year, the
programme of races proposed to be run from 1st April to 31st March stake money
for various races, particulars of stakes reserved for Indian breed and other
horses, names and nationality of jockeys taking part in the races, names of
bookmakers licensed by them for various race meetings and their nationality, entrance
fee proposed to be recovered from the bookmakers.
6. The licensee shall in April of every year
submit to the District Magistrate concerned and to Government a certified
balance sheet showing the receipts, expenditure and profit, assets and
liabilities and shall also report as to how the profit if any made will be
utilised.
7. The licensee shall frame rules with the
approval of Government for regulating admission of the public to Race Course,
entry of horses for races, qualifications for jockeys, qualification for bookmakers, security
to be furnished by bookmakers, permit fees to be paid by jockeys and bookmakers
and such other ancillary matters relevant to the racing and shall also conform
to such directions as may be given by Government from time to time in the
matter of horse racing. A copy of the
rules framed under
this rule will
be enclosed with application for licence.
8. The licensee shall take necessary police
help for the regulation of traffic and for maintenance of public order during
the running of the races. The licensee shall further make at the Race Courses
sanitary arrangements to the satisfaction of the local Health Authorities.
9. The licensee shall not admit to the
stands more number of spectators than what the Executive Engineer of the Mysore
Public Works Department having jurisdiction certifies as safe for the structure
to carry. The Executive Engineer will issue a certificate annually free of
charge regarding the conditions of structure of the stands where the public
will be admitted fixing the maximum number of persons who can be admitted to
such stands for the purposes of seeing races. A certified copy of the
certificate shall be attached by the licensee to his application for the grant
of renewal of the licence.
10. The licensee shall in the month of April
during the currency of the licence furnish to Government and to District
Magistrate, a report showing the particulars of races run,
number of horses
which participated in each race, races reserved for Indian breed horses,
stakes for each race, names and nationality of the jockeys and bookmakers
taking part total collections on account of entrance fee, total collections at
the totalisators, betting tax realised and such other matters about which
information may be called for.
APPENDIX 3 Licence for Betting on a Horse Race held on some Race Course
FORM [See Rule 5]
FORM
3
[See Rule 5]
Licence for Betting on a Horse Race held on some Race Course
1. Name of the Race Club. 2. Description of premises in which Betting will take place. 3. Period for which licence is to be in force.
Under Secretary to Government,
Finance Department.
Conditions of
Licence
The licence
is granted subject to the provisions of the Mysore Race Courses Licensing Act,
1952, and the rules made thereunder. It is also subject to the following
conditions.
1. The licensees shall keep and maintain
correct accounts of receipts, the number of persons employed by the licensee,
and shall allow any officer authorised by Government in that behalf to examine
at any time any accounts, books and records maintained by it and shall furnish
the Government such information and
returns as are
required by the Betting Tax Act, 1932, and the rules
made thereunder.
2. The licensee is authorised to grant permits
to bookmakers not exceeding........subject to the following conditions.
(a) No person adjudged an insolvent shall be
granted a permit;
(b) The bookmaker shall keep and maintain
correct accounts of his receipts and payments and shall furnish to the licensee
daily statements of the bets received, the amounts paid and the amount payable
as betting tax.
2A. Where the
licensee is a company or a body of individuals no licence shall be granted if
more than fifty per cent of the elected members in the Managing Committee are
owners of race horses.
3. The licensee shall in April of every year
submit to the Deputy Commissioner concerned and to Government, a certified
balance sheet showing the receipts, expenditure and profit, assets and
liabilities and shall also report as to how the profit if any, made will be utilised.
4. The licensee shall take necessary police
help for the regulation of traffic and for maintenance of public order during
the running of the races. The licensee shall further make at the Race Courses
sanitary arrangements to the satisfaction of the local Health Authorities. |
