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The Haryana Race-Courses Licensing Act, 1976
Haryana Act No. 30 of 1976
hl565
Legislative Department
No. 40-Legislative/76. - The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 23rd July, 1976 and is hereby published for general information :- An Act to provide for the licensing of race-course 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. Short title extent and commencement. - (1) This Act may be called the Haryana Race Courses Licensing Act, 1976. (2) It extends to the whole of the State of Haryana. 2. Definitions. - 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 wager 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.
3. Prohibition on 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. 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. (2) The Government may refuse to grant the licencee 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 stewards or members in the conduct and management of horse-racing;
(f) the utilisation of the amount collected by the licensee 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 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 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. 5. Penalty for taking part in horse-race on unlicensed race-course. - Whoever takes part in any horse race on any race course for which 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. 6. Penalty for owner, etc., allowing racing on unlicensed race course. - 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. 7. Penalty for contravening conditions of licence. - (1) If any person to whom a licence has been granted contraveneness 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. 8. Saving of orders. - 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. 9. Cognizance of offences. - (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. 10. Exemption. - 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. 11. Removal of difficulties. - 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. 12. Power to make rules. - (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) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-(a) the from and manner in which application for a licence is to be made;
(b) the fee payable for a 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 which it is in session for a total period of ten 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 may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
