THE MAHARASHTRA DOG RACE COURSE LICENSING ACT, 1976

MAHARASHTRA ACT No. XXXIII OF 1976

[29th July, 1976]

An Act to provide for the regulation, control and management of dog-racing in the State of Maharashtra and for matters connected therewith.

WHEREAS it is expedient to provide for the regulation, control and management of dog-racing in the State of Maharashtra and for matters connected therewith ; It is hereby enacted in the Twenty-seventh Year of the Republic of India as follow :—

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Dog Race-courses Licensing Act, 1976.

(2)  It extends to the whole of the State of Maharashtra.

(3)  It shall come into force on such date² as the State Government may, by notification   in the Official Gazette, appoint.

SECTION 02: DEFINITIONS

In this Act, unless the context requires otherwise,—

(a)  "dog-race" means a race in   which   an object propelled by mechanical means is pursued by dogs;

(b)  "race-course" means any ground on which a dog-race can be held ;

(c)  "Schedule" means the Schedule appended to this Act.

SECTION 03: PROHIBITION AGAINST DOG-RACING ON UNLICENSED DOG RACE-COURSES

(1) No dog-race shall be held save on a race courses for which a licence for dog-racing granted in accordance with the provisions of this Act, is in force.

(2) The terms of such licence shall be published in the Official Gazette.

SECTION 04: LICENCE FOR DOG-RACING

(l) The owner, lessee or occupier of any race-course may apply to the State Government for a licence for dog-racing on such race-course.

(2)  The State Government may withhold such licence or grant it subject to such conditions and for such period as it may think fit. Such conditions may provide for—

(a)  the payment of a licence fee ;

(b)  the amount of stakes which may be allotted for different kinds of dogs ;

(c)  such   other   matters,    whether    directly    or indirectly connected with dog-racing, for which, in the opinion of the State Government, it is necessary or expedient to make provision in the licence.

(3)    The   State   Government   may by   such   licence authorize the licensee to grant, subject to such conditions as shall be specified by the State Government in such licence, a permit to   any   book-maker   to carry   on   his   business   or vocation or to act as a book-maker or turf commission agent in respect of dog-races held on a dog race-course,   being a race-course which is   situated  in  this State   or  outside   it. The permit may be granted for such period not exceeding the period of the licence granted to the licensee as the licensee may think fit.

(4)    The State Government may at any time cancel any licence granted under this section in the event of any breach of the conditions subject to which it is granted.

SECTION 05: PENALTY FOR TAKING PART IN DOG-RACE ON UNLICENSED RACE-COURSE

Whoever takes part in any dog-race on any race-course for which a licence granted in accordance with the provisions of section 4 of this Act is not in force shall, on conviction, be punished with fine which may extend to two hundred rupees.

SECTION 06: PENALTY FOR OWNER, ETC, ALLOWING DOG-RACING IN UN­LICENSED PLACE

If any dog-race is held on any race-course for which a licence granted in accordance with the provisions of section 4 of this Act is not in force, any person being the owner, lessee or occupier of such race-course shall, on conviction, be punished with fine which may extend to one thousand rupees.

SECTION 07: PENALTY FOR CONTRAVENING CONDITIONS OF LICENCE

(1)   If any person to whom a licence has been granted in accordance with the provisions of section 4 of this Act contravenes any of the conditions subject to which such licence is granted, such person shall, on conviction, be punished with fine which may extend to one thousand rupees.

(2) If any person to whom a permit has been granted by a licensee in pursuance of the provisions of sub-section (3) of section 4 of this Act, contravenes any of the conditions subject to which such permit is granted he shall, on convic­tion, be punished with fine which may extend to one thousand rupees.

SECTION 08: COGNIZANCE OF OFFENCES UNDER THIS ACT

No Court inferior to that of a Metropolitan Magistrate or of a Magistrate of the First Class shall try any offence punishable under this Act.

SECTION 09: EXEMPTION

The State Government may from time to time by general or special order published in the Official Gazette exempt any dog-race from the operation of this Act.

SECTION 10: RULES

(1) The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session immediately following, both Houses agree in  making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification 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 or omitted to be done under that rule.

SECTION 11: AMENDMENT OF CERTAIN ACTS

The Acts mentioned in column 1 of the Schedule shall be amended in the manner and to the extent specified in column 2 of the Schedule.