The Haryana Racecourses Licensing Act, 1976 Complete Act - Bare Act

[Received the assent of the Governor of Haryana on the 23rd July, J976, and first published for general information in the Haryana Government Gazette (Extraordinary), Legislative Supplement Part I, of 26th February, 1976].

An Act to provide for the licensing of race-courses in the State of Haryana.

Be

it enacted by the Legislature of the State of Haryana in the Twenty- seventh Year of the Republic of India as follows:"

(1

) This Act maybe called the Haryana Race-courses Licensing Act, 1976.

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

In this Act, unless the context otherwise requires,"

(a)

"Government" means the Government of the State of Haryana;

(b)

"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 wages made or to be made in respect of any such horse, mare or gelding or the rider thereof, and at which more than twenty persons are present;

(c)

"licence" means a licence granted under section 4;

(d)

"licensee" means a person licensed under section 4;

(e)

"permit" means a permit granted to a book-maker under sub section (4) of section 4;

(f)

"prescribed" means prescribed by rules made under this Act;

(g)

"race-course" means any ground on which a horse-race can be held.

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.

(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,

(2) The Government may refuse to grant the licence or grant it subject to such conditions, and for such period, as it 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 amount of stakes which may be allotted for different kinds of horses;

(c)

the measures to be taken for the training of persons to become jockeys;

(d)

the measures to be taken to encourage Indian bred horses and Indian jockeys;

(e)

the inclusion or association of such persons as the Government may nominate as sterwards or members in the conduct and management of horse-racing;

(f)

the utilisation of the amount collected by the licence in the conduct and management of horse-racing;

(g)

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 provisions in the licence.

(4) The Government may, by such licence, authorise the licensee to grant, subject to such conditions as maybe specified by the Government in such licence, a permit to a 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 time, suspend, cancel or modify any of the conditions specified in any licence or permit.

(6) The Government may, in the event of breach of any of the conditions of a licence, suspend or cancel the licence.

(7) The grant, suspension or cancellation of any licence shall be published in the Official Gazette

Whoever takes part in any horse-race on any race-courses for which for no licence is granted, or for which a licence granted is not in force, shall be punishable with fine which may extend to five hundred rupees.

If any horse-race is held on anyrace-couise for which a licence has not been granted, or for which a licence granted is not in force, any personbeing the owner, lessee or occupier of such race-course, shall be punishable with fine which may extend to one thousand rupees.

(1) If any person to whom a licence bas 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) or sub-section (6) 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, 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.

The grant, refusal or cancellation of a licence and the conditions subject to which a licence or permit is granted shall be within the sole discretion of the Government and shall not be liable to be called in question in any court.

(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.

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

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by notified order, not inconsistent with the provisions of this Act, remove that difficulty.

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

(2) la particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any the following matters, namely:"

(a)

the form and manner in which application for a licence is to be made.

(b)

the fee payable for licence;

(c)

the period for which a licence is to be granted;

(d)

the renewal, modification and cancellation of a licence.

(3) Every rule made under this section shall be laid as soon as may be after it is made before the House of the State Legislature while it is in session for a total period often days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case maybe; so however, that any such modification or annulment shall without prejudice to the validity of anything previously done under that rule.