PUNJAB GOVT. GAZ. (EXTRA), JANUARY 9,2014
(PAUSA 19, 1935 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 9th January, 2014 No.3-Leg./2014.-The following Act of the Legislature of the State of runjab received the assent of the Governor of Punjab on the 27th Day of Decembe, 2013, is hereby published for general information:
2
THE PUNJAB HORSE RACE (REGULATION AND
MANAGEMENT) ACT, 2013
(Punjab Act No. 3 of 2014)
AN
ACT
9
to provide jor setting up, management and operation of race courses, betting activities and intermediaries involved and also for licensing, regulation, control and management of horse races on race courses, maintaining and keeping of horses at race courses, betting activities at race courses and off courses or otherwise, exhibition of horses and other processes of horse race and all matters connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Sixty fourth Year of the Republic of India as follows:
1. (1) This Act may be called the Punjab Horse Race (Regulation short title and and Management) Act, 2013.
(2) It extends to the whole of the State of Punjab.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and different provisions may be applied to different places.
In this Act, unless the context otherwise requires,
(a) "betting" or "betting activity" shall mean and include all such activities during the horse race, pursuant to which a bet or commencement.
Definitions.
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 9.2014 9
( SA 19, 1935 SAKA)
P T 1
GOVERNMENT OF P NJ B
DEPARTMENT OF L AL AND LEGISLATIVE AF AIRS, P NJ B
NOTIFICATION
he 9t January, 2014 No.3-Leg./2014.- he f l ing Act f t e Legislature f t e State of r njab r ceived t e assent of the Governor of Punjab on the 27th Day of ecember, 013, i er y ublished r eneral i formation:-
J RSE (REGULATION
ANAGEMENT) CT,
nj ct o. f 14) i e f t , anagement and operation of race courses, et tivities ediaries involved and also for licensing, ulation, ntrol anagement of horse races on race courses, aintaini g i r s at race courses, betting activities al r s rs s ise, exhibition of horses and other sses a all matters connected therewith and incidental th it h L gislature of the State of Punjab in the Sixty- fo h Y of publi o India as follows:-
1. (1) T s A b ca led the P ab H e R (R tion Short title and and Management) Act, 201 3. commencement.
(2 It ex en to the w o the State of Punjab. (3 It al com into force on such date as the State Government may, by n c on in the Official Gazette, appoint and different dates may be app for differe provisions of this Act and different provisions may be app ied to differe place
2. In this Act, un e the con xt otherwise requires,- Deliniti ons
(a) "betting" or "betting activity" sha l m an and include all such
activities during the horse race, pursua to w ch et or
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10 PUNJAB GOVT.
GAZ. (EXTRA), JANUARY 9, 2014
(PAUSA 19, 1935 SAKA)
wager is placed, whether at the race course or off
course,
either through licenced book mechanical or electronic medium or any other authorized intermediary on the outcome of the horse race in anticipation of financial gain or reward, directly or indirectly;
(b) book-maker" or "bookie" means an organization or a person that takes bets on horse race at agreed upon odds;
(c) "horse-race" means any race in which any horse, mare, pon or gelding runs or is made to run in competition with any other horse, mare, pony 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, pony or gelding or the rider thereof and at which twenty or more persons shall either be present physically or be connected through any mode, electronic or otherwise, for watching and participating in such race;
(d) "intermediary" means a person connected directly or indirectly with horse race including but not limited to bookies, book makers, owners of horses, organizers of horse races, advertisers, owner of on course or off course totalisators and facility providers;
(e) "licence" means a licence granted under section 5; () licensee" means a person to whom a licence is granted under section 5;
(g) "offcourse" means a venue as described in sub-clause (ii) of clause (o);
(h) "on course" means a venue as described in sub-clause (i) of clause (o);
(i) "permit" means a permit granted to an intermediary under section 6;
) "permit holder" means a person to whom a permit is granted under section 6;
(k) "person" means and shall include natural person, any Company or Association or body of individuals, whether incorporated or not;
makers or any authorized
10 PU A GOV . G (EXTRA), JANUARY 9,2014
)
(c) (e)
)
( )
(i)
4)
(k)
(PAUSA 19,193 SAK
wager is placed, whethe at h race urs off Course either throu licen d aker authorizeq mechanical or elec ro m um or any o h authorize interm i on the o com of the h race in antic atiqy, of financial gain or rew r , d re o in tl ;
"b ok-m ker" or "bookie" means an organization or a person t tak b on h race a ag ee up o
"horse-race'" any race in an h mar p y g ng u o is to run in c petition w h any h , are, g n fo an z whatsoever nature or kind or for any bet or wager de or to be ade in ct o n u r , are, o h rid
h f hi w t or ll h
t ysical ect h o ode,
t nic r ise, at i rt ati g n
race;
" n e mediary" eans nected t n i ctl it r i g t t imi o okies, book- akers, ners horses, r anizers f rs races, advertisers, ner totalisators facility providers;
"licence" means a licence granted under section 5;
"licensee" means a person to h a licence is granted under section 5;
"off course" eans a venue as described in sub-clause (ii) of clause (0);
"on course" means a enue as escribed i b-clause (i) f clause (0);
"permit" means a permit granted to an intermediary under section 6;
"permit holder" means a person to ho a permit is granted under section 6;
6 rere' _ . | 0 person" means and shall i cl de natural person, any Company or Association or body of individuals, whether incorporated ornot;
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PUNJAB GOVT. GAZ. (EXTRA), JANUARY9, 2014
(PAUSA 19, 1935 SAKA)
() "prescribed" means prescribed by rules made under this Act;
(m) "punter" means an organization or a person who bets on outcome of horse race against a book-maker or through totalisators;
(n) "race club' means and includes a body of individuals whether incorporated or not, society, club or other Association, -
(i) formed for the purpose of promoting horse race or for holding race meetings; or
(ii) conducting or controlling such meetings;
(o) race course" means,
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(i) any ground on which a horse race can be held or planned to be organized; or
(ii)
(p) section" means a section of this Act:
a venue connected by any mode or device with any other such ground though situated outside such ground, where a person is permitted for a charge or feeto watch
and also allowed to participate in betting on the basisof the live feed of a horse race;
(i)
(q) "State Government means the Government of the State
of Punjab in the Department of Home Affairs and Justice;
(r) "Steward" in relation to a race club includes any person, connected with the organization of the race club; or
(ii) responsible for or for the time being in charge of the
management of race club; and
(s) "totalizator means a totalizator in an enclosure whether
situated within race course or outside including authorized race courses situated in other States and which the stewards
controlling a race meeting have set apart for the purpose, and includes any instrument, machine or contrivance known as the totalizator, or any other instrument, machine or contrivance of a like nature or any scheme for enabling any number of persons to make bets with one another on like principles but does not include a book-maker.
PUNJAB GOVT. GAZ. (EXTRA), JANI
JARY 9,2014 11
( USA 19,1935 SAKA)
(1)
(m) "punter" means an organization or a person Ww
(n)
(0)
(p) (q) (r) (s)
"prescribed" means prescribed by rules made under this Act;
ho bets on
outcome of horse race against a book- maker or through
totalisators;
"race club" means and includes a bo dy of individuals whether incorporated or not, society, club or o ther Association,
(i) f ed for t e purpose of promoting horse race or for holding race meetings; or
(ii) conducting or controlling such meet ings;
"rac course' means,-
(i) y r nd on hich a hor se race can be held or planned t e rganized; or
a e nect o
de or evice with any
t er ated
outside such ground,
here r it ed for a
rge or fee to watch
low d arti i ate in tting on the basis of
the live fe a r e
;
"section" me ion t i ct;
"Gat Government" e h over ent f the S tate
P in the par ent Affairs and Justice; «Geward" in relation to a rac club inc udes any person,-
(1) conne w h the o g o o the race club; or
(ii) resp si l for o for t he time b ing in charge of th e
ma ent of race club and alizato in an en o ure w eth er
or ou side including authorized
race courses situated in othe
r States and w ch the stewa
rds
cont ing a race m ing have
set apart for the purpose, and
instrum t m n or con riva
nce known as
"totalizat r" m a to t
situated w h n race co u e
include any
the totalizato or any other instr um t m ne or con rivance of a like nature or any scheme f or enab ing any num r of persons to make bets w th one anoth e on like principles but
does not include a book-m aker.
3
Development of race course, organization of horse race and betting thereon. Prohibition of horse race on unlicenced race course.
Licence for race course or
totalizator. Permit for horse race.
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3
facilities:;
PUNJAB GOVT. GAZ. (EXTRA), JANUARY9,2014
(PAUSA 19, 1935 SAKA)
The State Government itself or through a person may,
(i) develop or set up race course and allied and incidental
(ii) set up totalizators at race course or other places;
(ii) allow to organize the horse races or allied and incidental activities; and
(iv) allow betting on the horse races either on course or off course
4. No horse race shall be planned or organized or held save on a race course for which a licence is granted in accordance with the provisions of section 5.
5. (1) Any person, who desires to develop a race course or to set up a totalizator, as the case may be, shall make an application in the prescribed form alongwith prescribed fee to the State Government for grant of a licence for this purpose.
(2) On receipt of the application under sub-section (), the State Government, after making such inquiry as it may deem fit regarding the capacity of a person to develop a race course or to set up a totalizator, as the case may be, shall pass an order, in writing, recording reasons either granting or refusing the grant of such a licence.
(3) Where an order is passed granting a licence under sub-section (2), the State Government shall grant such licence in the form and under such conditions, as may be prescribed.
(4) The licence granted under sub-section (3) shall be valid for a period of five years and will be renewable from year to year on payment of prescribed fee.
(5) If, in the opinion of the State Government, it is exxpedient or necessary to do so in public interest, it may, after affording an opportunity to the licensee, amend, modify or change the conditions of a licence granted under this section.
6. (4) The owner, lessee or occupier of any race course may apply in the prescribed manner to the State Government for a permit for horse race on a race course 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
(2) The State Government may in its sole discretion consider, withhold. grant such permit on such terms and conditions and for such period as it may outside the State.
Development of
race Cours
organization of
horse race and
bet ing t ereon
Prohibition of
horse
nl d e
course
Licence for race
course or
lotalizator.
P it fo h rse-
race
gy
12 PUNJ B OVT. AZ. (EXTRA), A
ARY 9,2014
S 19, 935 KA)
3. The State Government itself or through a person may,-
(i) develop or set up r ce course and allied and incidenty) facilities;
(i ) set up t talizators at r ce course or other places;
(iii) al t organize t e horse r ces or al d d i cidenty] vities;
) al ow bet i g on e orse ces it er n ourse r of course
4. o horse race shall be planned or organized or held save on a race urse r hich ce r nted ordance it the provisions of on 5S.
. (1) h es es op r t a totalizator, as the case may be, shall make an application in the prescribed m with prescribed fee to the State Government for grant of a licence r ose.
(2) receipt of the application under sub-section (/), the State overnment, after aking such inquiry as it may deem fit regarding the capacity of a person to develop a race course or to set up a totalizator, as the a be, shall pass an order, in writing, recording reasons either granting h t c e.
here order is passed granting a licence under sub-section (2), h over ment al ant such licence in the form and under such conditions, as may be prescribed.
ice anted under sub-section (3) shall be valid fora period five years and will be renewable from year to year on payment of prescribed ee
(5) If, in the opinion of the State Government, it is expedient or necessary to d o in public interest, it may, after affording an opportunity to the licensee, amend, modify or change the conditions of a licence granted under this section. 6 (1) ner lessee o o o any ace co e apply
in the p m ner to the State Government for a permit for horse race o a e c or for arranging for wagering or betting in such race course on a h rac run on som other race course either within the State or ou side the S a e
) T S ate G ernment may in its sole discretion consider, withhold, grant such permit on such terms and conditions and for such period as it may
4
he h
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 9, 2014 13
(PAUSA 19, 1935 SAKA)
think fit in the interest of either horse race or public interest or both.
(3) In particular and without prejudice to the generality of the foregoing power, such conditions may provide for
(a) the payment of a permit fee;
(b) the maintenance of such accounts and furnishing of such returns:
(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 breed horses and Indian jockeys;
(9 the inclusion ofa person or association of such persons as the State Government may nominate as Stewards or members in the conduct and management of horse race;
(g) the utilization of the amount collected by the permit holder in the conduct and management of horse race; and
(h) such other matters connected with horse race and the maintenance of the race course for which, in the opinionof the State Government, it is necessary or expedient to make provision in the permit.
(4) The State Government may, by such permit, authorize the permit holder to grant, subject to such conditions as may be specified by the State Government in such permit, a permit to any book-maker for such period not exceeding the period of the permit granted to the permit holder as he may think fit.
(5) The State Government may, at any time, suspend, cancel or modify any of the conditions specified in any permit.
(6) The grant, cancellation or modification of any permit shall be published in the Official Gazette.
7. () An intermediary, who is desirous of undertaking any activity under the provisions of this Act except the activities mentioned in sections
5
and 6 thereof, shall make an application to the State Government for grant of a permit to undertake such activity.
Obligation of
Permit by the
intermediary.
ly
tf
GO . Z. E RA), A 09,2014 13
(PAUSA )
h n fit in th in st o ei race or public interest or both 3 hd " . . . . nd y (3) In particular and without prejudice to the g eralit o he o e power, such conditions may provide for-
(a) the p ent a it e :
(b) the maintenance of such accounts and furnishing of su returns;
(¢) the amount of stakes which may be allotted for different kinds horses;
(d) the measures to be taken for the training of persons to become jockeys:
(e) the measures to be taken to encourage Indian breed horses i o eys;
(f) the inclusion of a person or association of such persons as h over ent inate ards embers
in the conduct and management of horse race; (¢) the t zation of the ount l ted h it l er n uct anagement r ;
at s ed i h
aint ance the e r for hich, n i of
t overnment, essar edient to a
provision in the permit.
(4) t t over ment ay, rmit, t ori e it holder to grant, s ject nditi ns a ecifi d t t Government in r it, it k- aker r t exceeding the period r it t it l er a fit.
(5) The State over ment ay, me, end, cel odif f nditi ns ecifi d in permit.
(6) The grant, cancellation or modification r it al ubli ed f icial azet e.
7. (1) ediary, h esi s ndertaking cti it under the provisions f this ct cept ctivities enti ned t s and ereof, al ake plicati n tat overnment r nt a permit to undertake such activity.
bligation
permit by the
intermediary.
5
Betting on the horse race Establishment of Authority.
Display of
licencepermit particulars at race course and off course.
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PUNJAB GOVT. GAZ.
(EXTRA), JANUARY 9, 2014
(PAUSA 19, 1935 SAKA)
(2) On receipt of an application under sub-section (), the stot
Government may consider and grant a permit on such terms and conditions as it may deem appropriate or may reject such application and the decision for
rejection of the State Governnment shall be final.
8. A person, in the prescribed marnner through totalizators or bookies or book-makers, may make betting on the horse race planned or organized on the race course.
9. () The State Government shall, by notification, establish for the purpose of this Act, an authority to be calledthe Punjab Turf Club Regulatory
Authority (hereinafter referred to as the Authority) or may assign the functions
of the Authority to an existing authority. Explanation.-"existing authority" means any department under the State
Government or any authority established under the Act by the State
Government.
(2) The Authority shall be a body Corporate knownby the aforesaid
name having perpetual succession and a common seal with power, subject to
the provisions of this Act to acquire, hold and dispose of property, both movable
and immovable and to contract and shall, by the said name, sue or be sued.
(3) The Head Office of the Authority shall be at Chandigarh or at such place, as the State Government may notify from time to time.
(4) The Authority shall consist of a Chairperson and not less than five and not more than seven members appointed by the State Government from amongst the persons having sufficient knowledge of sports activities particularly concerning horse races.
(5) The State Government may make rules regarding the functions, finances and powers of the Authority.
10. Every owner, occupier or the operator of the race-course and any off course wherein the owner, occupier or the operator of such race course or off course allows any betting activity, shall ensure proper and conspicuous display of the permit particulars at the race-course or off course in English and in vernacular language, in accordance with the specifications as may be provided in this regard by the State Government or by the Authority, from time to time.
B ng on the
horse race
§ stab ishment of
Authonty
Display of
licence/permit
particulars at race
course a d off
course
PUN A VT. Z. (EX RA
). JAN Y 9 201
|
(PAUSA 19 193 S
AKA
i "an ap h ati or sub (1), the Sta e
(2) On rec ipt of an un (
G ent m co and g a a p it on such term and conditio ns,
a) h |
as it may deem appropriate or may reject suc ap and the decision for
rejection of the S ate Gover
ment sh b fin
8. A person, inthe prescribed m n er throu totalizators or bookies o ook-makers, m m b n on the h
rac plan o organized on
the race r .
9, (/) T S e ent sh ll, b n t
i ti n, e a fo th
of this Act. an a ority to b c th P Turf C
l Regulat
purpose
r e to a h Authority) o a g h u Authority (h i afte of the Authority to an existing t ority.
Explanation.- " xisting orit " e ent er h S
tate
Government or any authority l d er h ct
h
nm .
(2) uthority al orporate h sai name having perpetual essi n a m on l i er, ject o the provisions of this Act to acquire, hold s perty, t ovable m ovable o ntr ct al , h e, .
(3) The Head Office of e uthority al handigarh at such place, as the State overnment a oti om m me. uthority shall nsist ofa hairperson t
ot ore embers pointed t t overnment om amongst the persons having sufficient knowledge of sports activities particularly concerning horse races.
(5) The State Government ay make rules regarding the functions, finances and powers of the Authority.
10. Every owner, occupier or the operator of the race-course d off course wherein the owner, occupier or the operator of such r ce ourse or off course allows an bet i g activity, shal ensure proper a d onspicuous display of the permit particulars at t e r ce-course or off course in English and in vernacular l guage, i accordance with the specifications as may be provided in this regard by t e State Government or by the Authority to t e.
from time
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PUNJAB GOVT.GAZ. (EXTRA), JANUARY 9, 2014
(PAUSA 19, 1935 SAKA)
15
11. If any horse race or betting on horse race is held on any race Punishment for course for which a licence/permit has not been granted or for whicha licence/ alowing racng or permit granted is not in force, the owner, 0ccupier or operator of such race course shall be punishable with fine which may extend to rupees one lac and
12. Whoever takes part in any horse race on any race course, for which no licence/permit is granted or for which a permit granted in accordance with the provisions of section 6 is not in force, shall be punishable with fine which may extend to rupees twenty thousand.
lac.
13. (1) Ifa licensee/permit holder contravenes any of the conditions of the permit, he shall be punishable with fine which may extend to rupees one
(2) If an intermediary contravenes any of the conditions subject to which a permit was granted to him, he shall, without prejudice to any action that may be taken by the State Government under Section 16, be punishable with fine which may extend to rupees one lac.
14. (1) If the State Government or a person duly authorised by it, is of the opinion that for the purposes of this Act or in connection with any breach or contravention of any provision of this Act or the Rules framed thereunder, it is necessary to do so, it may call for inspection of the books of accounts, records of the licensee or permit holder after giving him reasonable notice and take extract therefrom.
(2) The State Government or a person duly authorised by it, may, if considers necessary, conduct search at the race course or off course or such other place for the purpose of inspecting any records relating to race course or horse race or any betting activity and if deemed necessary may seize such records or material for the purpose of investigating any violation or breach of the provisions of this Act or Rules framed thereunder or terms of the licence or permit.
betting on racing
at a race course
without licencel
permit.
Penalty for taking
Part in horse race
on a race course
without licence/
permit.
15. The State Government or the Authority may, wherever deemed necessary for the purpose of proper regulation of the race course, off course, horse race or the betting activity, depute any ofricial(s) duly authorized to visit and inspect any race course or any off course and submit its report and findings to the State Government or the Authority, as the case may be. Penalty for
contravening
conditions of
licence/permit.
Power of search
and seizure.
Power of
Inspection of
race cOurse.
imprisonment for not less than one year which may extend to three years.
J B OVT. AZ. (EXTRA), JANUARY 9.2014 15
(PAUSA 19, 1935 KA)
11. If any horse race or betting on horse race is held on any race course for which a licence/permit has not been granted or for which a licence/ permit granted is not in force, the owner, occupier or operator of such race course shall be punishable with fine which may extend to rupees one lac and imprisonment for not less than one year which may extend to three years.
2. hoever takes part in any horse race on any race course, for which no licence/permit is gr nted hi er it r t d r ance it rovisions f section 6 is not in force, shall be punishable with fine which may extend to rupees twenty thousand.
3. (I) licensee/permit holder contravenes any of the conditions of the permit, he shall be punishable with fine which may extend to rupees one
.
(2) If intermediary contravenes any of the conditions subject to which a permit was granted to him, he shall, without prejudice to any action t a taken by the State Government under Section 16, be punishable with fine which may extend to rupees one lac.
. t t over ment or a person duly authorised by it, is i that for the purposes of this Act or in connection with any ntravention of any provision of this Act or the Rules framed h nder, it is necessary to do so, it may call for inspection of the books of ounts, s ofthe licensee or permit holder after giving him reasonable t a h e rom.
t t over ent son duly authorised by it, may, if
si ers essary, uct ch at the race course or off course or such r e for the purpose of inspecting any records relating to race course rse race or any betting activity and if deemed necessary may seize such e aterial for the purpose of investigating any violation or breach of he isions of this Act or Rules framed thereunder or terms of the licence it.
1 ver ent th uthorit ay, herever m
n fo the p p re o the rac c r , o r ,
horse race or the betting activity, depute any official(s) duly authorized to visit and inspect any race course or any off course and submit its report and findings to the State Government or the Authority, as the case may be. Punishment for
allowing racing or
betting on racing
al a race course
without licence/
permit
Penalty for taking
part in horse race
e
without licence/
permit.
Penalty for
contravening
ions
licence/permit.
Power of search
seizure.
er of
Inspection of
race co se,
7
Power of 16. () The State Government or a person duly authorized by it, may on receipt of any complaint or suo moto or on inspection or on receipt of inspection report or search report under section 14 or section 15, initiate licence or permit proceedings in the preseribed manner against the licensee or the permit holder suspension,
revocation and
cancellation of
Delegation of
powers.
Cognizance of
offences.
16
Offences by companies.
PUNJAB GOVT. GAZ. (EXTRA), JANUARY 9, 2014
(PAUSA 19, 1935 SAKA)
for revocation or cancellation of the licence or the permit, as the case may be
(2) The State Government or a person duly authorized by it, may, for reasons to be recorded in writing, suspend the licence or the permit during the pendency of enquiry and may also impose such restrictions and limitations as required in connection with the conduct of the race course, off course, horse race or betting activity in public interest.
(3) The State Government or a person duly authorized by it, after the completion of proceedings initiated against the licensee or the permit holder under sub-section (), may, for reasons to be recorded, suspend, revoke or cancel the licence or the permit and issue such further directions as may be necessary in the public interest.
17. The State Government may, by notification, direct that any power exercisable by it under this Act, except the power to make rules, may also be exercisable by such officer as may be mentioned thereunder subject to such conditions, if any, as may be specified therein.
18. No Court inferior to that of a Judicial Magistrate of the First Class, shall try any offence under this Act.
19. () If the person committing an offence under this Act is a Company, every person who, at the time the offence was committed, was in charge of the Company as well as was responsible to the Company for the conduct of business by the Company, shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligenceto prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed with the consent or connivance ol, or is attributable to any negligence on the part of, any director, manager, secretaryor other officer of the Company, such director, manager, secretary or other officer, as the case may be, shall be liable to be proceeded against and punished accordingly. er of
on,
ion
el ion
licence or permit
elegati n of
er
Cognizance of
of ences
Offences by
companies.
J GOV'T. AZ. E TRA), ARY 9,2014
SA 19, 1935 A)
. /) t t Go ent or a t ori d j ay, r ceipt plaint ot ecti n eipt of inspection report or ort der t 4 t n 5, itj ge proceedings in the prescribed manner against the licensee r it l er cati n ncel ation of e ice permit, the case may be. t t over ment t ori d it, ay, for
reasons to be recorded in writing, suspend the licence or the permit during the pendency of enquiry and may also impose such restrictions and limitations as required in connection with the duct f urse, ff urse, r race or betting activity in public interest.
(3) The State Government or a person duly t ori ed it, r completion of proceedings initiated against the licensee r it l er under sub-section (7), may, for s rded, suspend, e cancel the licence or the permit and issue such further directions as a be necessary in the public interest.
17. State overnment may, notification, direct that any er exercisable by it under this Act, except the power to ake rules, a also be exercisable by such officer as a be mentioned thereunder subject to such conditions, if any, as may be specified therein.
18. No Court inferior to that o a Judicial Magistrate of the First Class, shall try any offence under this Act.
19. (1) If the person committing an offence under this Act is a Company, every person who, at the time the offence was committed, as in charge of the Company as well as was responsible to the Company for the conduct of business h mpany, al a o ed ai st
i ordingly:
Provided that nothi t n -secti n al r
person liable to any punishment i n ct, s t h
offence was commit ed it ut le ge t erci d all
diligence to prevent h commission of ce.
(2). Notwithstanding anything contained in sub-section (/ her o e er ct committed wit the consent o connivance of, or is attributable to any negligence on the part of, any director, manager, secretary or other officer of the Company, such director, manager, secretary or other officer, as the case ma be, shall b liable to be proceeded against and punish d ordingly.
8
PUNJAB GOVT. GAZ. (EXTRA), JANUARY9, 2014 17
(PAUSA 19, 1935 SAKA)
Explanation. For the purposes of this section
(a) "Company" means a body corporate and includes a firm or other association of individuals; and
(b) "Director" in relation to a firm includes a partner in the firm.
20. 1fin the opinion of the State Government, it is expedient or necessary Exemption. to do so in public interest, it may by a general or special order exempt any horse race or any betting activity or an internediary from the operation of the provisions of this Act.
21. No suit, prosecution or other legal' procecding shall lie against the State Government or Authority or officer of the State Government orany
person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder. Protection of
action takein in
good faith.
22. No civil court shall have any jurisdiction to entertain or decide any Bar of question relating to matters arising under this Act or the rules made thereunder. jurisdiction.
23. The provisions ofthis Act shall have effect notwithstanding anything Over-riding
contrary contained in any other law for the time being in force or in any other
instrument having effect by virtue of any law other than this Act.
24. Ifany difficulty arises in giving effect to the provisions of this Act, Power to remove
the State Government may, by order not
inconsistent with the provisions of diliiculttes.
this Act, remove the dificulty:
Provided that no such order shall be made after the expiry of a period of
two years from the commencement
of this Act.
effect.
25. (1) The State Government may, by notification in the Official Power to make
Gazette and subject to the condition of previous publication, make Rules for Rules.
carrying out the purposes 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:-
(a) the form of application and fee for grant of licence under
sub-section () of section 5;
(b) the form of licence and conditions for grantof licence under
sub-section (3) of section 5;
(c) the fee for renewal of licence under sub-section (4)of
section 5;
NJ B GOVT. GAZ. ( TRA), UARY 9,2014 17
S 1935 KA)
Explanation. For the purposes o f this section-
(a) "Company" means ¢
i
'P y means a body corpo rate and includes a firm or o ther
ssociation of i dividuals; d ( ) "Director" i relation to a firm ncludes a partn r in the firm.
20. fin the pinion of the tate overnment, it is expedient or necessary Exemption t i ublic terest, it ay by a general or special order exempt any
orse e r betting activity or an intermediary from the operatio n of the
provisions of this ct.
21. No suit, prosecution r t er l gal proce ding shall lie against the Protection of
Grat overnment r uthorit ffi er
t t overnment F cti n aken in
: SE, .
. 7 it . person for anything which is in g d to be done In
pursuance of this Act or an ru er ade nder
.
22. No civil court shall have any j risdiction tertain r decide any Bar of
estion ng at ers g der this Act
l s ade nder. J iction.
. visi ns h ct hall ave effect t ithstanding anything Over-ri ding
ntr ry t i d n r aw for the time bein g in force or in any other ru ent ct i aw
r h is ct.
. a i lty in g fect to the rovisions of this Act, Power to remove h t t over ent ay, r t
n nsistent i h visi ns iff ul ties.
ct. em h ficu y
h t r all a r
h i y fa period of
w rom h c m enc ent
h ct.
. ver ent ay , ti t n in the fficial Po wer to make
azet j ct o h dit
s blication, a ul
ing ut he ses h s ct. (2 In p r lar an i t dice to the nerality of the foregoi ng
p ers, u ru p fo a o
an he fo low at ers, ely:
(a the orm a l t an fee
fo g o licen
su t (1) o se o
5
(b) the form o licen and c it s for grant of licence under
sub t ( ) o se
o 5
(¢c) the fee fo renewal o li cen u su t on (4)
section 5
9
18 PUNJAB GOVT. GAZ.
(EXTRA), JANUARY 9, 2014
(PAUSA 19, 1935 SAKA)
(d) the manner in which betting on horse race is to be made
through a totalizator or bookie or book-maker under section
8;
(e) the manner in which the proceedings against the licenseeor
the permit holder are to be initiated under sub-section () of
section 16; and
() any other matter which has to beor may be prescribed by
rules.
H.P.S. MAHAL,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 405/01-2014/Pb. Govt. Press, S.A.S. Nagar
18
(d) (e)
PUNJAB GOVT. GAZ
. (E XTRA), UARY
9, 2014
( USA 19, 1935 SA
KA)
man er in which betti ng on horse race is to be made
ookie or bo k-maker under section the
through a totalizator or b
8;
the man
the permit holder are to be initi
section 16; a d
er which has to be or may be prescribed by
ner in which the proce di ngs against the licensee or ated under sub-section (1) of any other matt
rules.
H.P. . AHAL,
ecretary to overnment of Pu njab,
epartment of Legal and egis lative Affairs.
405/01-2014/Pb. Govt. ress, A .S. agar
10