BOMBAY RACE-COURSES LICENSING
ACT, 1912 THE BOMBAY RACE-COURSES LICENSING ACT, 1912[1] [Act No. 3 of 1912][2] [6th June, 1912] Amended by Bom. 4 of 1931. Adapted and modified by the
Adaptation of Indian Laws Order in Council. Amended by Bom. 10 of 1938. Adapted and modified by the
Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. Adapted and modified by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Amended by Bom. 48 of 1958. Adapted and modified by the
Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Amended by Man. 44 of 1974
(24-10-1974)[3] An Act to provide for the licensing of race-courses in the [4][State of Maharashtra].
Preamble - THE BOMBAY RACE-COURSES LICENSING ACT, 1912PREAMBLE
WHEREAS, it is expedient to
make provision for the [5][regulation,
control and management of horse racing and all matters directly or indirectly
connected therewith] in the [6][State
of Maharashtra]: It is hereby enacted as follows:--
Section 1 - Short title, and extent
(1)
This Act may be called the Bombay Race-courses Licensing Act,
1912.
(2)
[7] [This
section extends to the whole of the [8][State
of Maharashtra]. The rest of the Act extends only to such areas as the [9][[10]
[State] Government] may by notification in the [11][Official
Gazette] direct:
[12][Provided
that, on the commencement of the Bombay Race-courses Licensing and the Bombay
Betting Tax Acts (Extension and Amendment) Act, 1958 (Bom XLVIII of 1958), the
rest of the Act shall extend to those areas in which the Hyderabad Horse Racing
and Betting Tax Regulation. 1358F (Hyd. Reg. XLIX of 1358F)., was in force
immediately before such commencement.]
Section 2 - Definitions
In this Act --
(a)
"horse-race" means any race in which any horse, mare or
gelding runs or is made to run in connection with any other horse, mare or
gelding for any prize of what nature or kind soever, 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;
(b)
"race-course" means any ground on which a horse race can
be held.
Section 3 - Prohibition against horse-racing on unlicense race-courses
(1)
No horse-race shall be held save on a race-course for which a
license for horse racing granted in accordance with the provisions of this Act
is in force.
(2)
The terms of such licence shall be published in the [13][Official
Gazette].
Section 4 - Application for licence for horse-racing
(1)
The owner, lessee or occupier of any race-course may apply to
the [14][[15]
[State] Government] for a licence for horse-racing on such race-course.Grant of licence for horse racing
(2)
The [16][[17][State]
Government] may withhold such licence or grant it subject to such conditions
and for such period as [18][it]
may think fit. [19][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
jockyes; and
(d)
such other matters, whether directly or indirectly connected with
horse racing for, which, in the opinion of the [20][State]
Government, it is necessary of expedient to make provision in the licence.]
(3)
[21][The [22][[23]
[State] Government] may by such licence authorise the licence to grant, subject
to such conditions as shall be specified by the [24][[25]
[State] Government] in such licence, a licence or permit [26][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 horse races held on a racecourse, being
a race-course which is situated in this State or outside it. The licence may be
granted for such period] not exceeding the period of the licence granted to the
licensee as the licensee may think fit; and]Cancellation of licence
(4)
[27] [The [28][[29][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 was granted.
Section 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 a licence granted in accordance with
the provisions of section 4 is not in force shall be punishable with fine which
may amount to two hundred rupees.
Section 6 - Penalty for owner, etc., allowing racing in unlicensed place
If any horse-race is held
on any race-course for which a licence granted in accordance with the
provisions of section 4 is not in force, any person being the owner, lessee or
occupier of such race-course shall be punishable with fine which may amount to
one thousand rupees.
Section 7 - Penalty for contravening conditions of licence
(1)
[30][If any
person to whom a licence has been granted in accordance with the provisions of
section 4 contravenes any of the conditions subject to which such licence was
granted, such person shall be punishable with fine which may amount to one
thousand rupees.
(2)
[31][If any
person to whom a licence or permit has been granted by a licensee in pursuance
of the provisions of sub-section (3) of section 4 contravenes any of the
conditions subject to which such licence or permit was granted, he shall be
punishable with fine which may extend to one thousand rupees.]
Section 8 - Cognizance of offences under this Act
No Court inferior to that
of a Presidency Magistrate or of a Magistrate of the First Class shall try an
offence under this Act.
Section 9 - Exemptions
The [32][[33][State]
Government] may from time to time by general or particular order published in
the [34][Official Gazette] [35]exempt
any horse-race from the operation of this Act.
[1] This Act
was extended to that part of the State of Bombay to which immediately before
the commencement of Bom. 48 of 1958, it did not extend (vide Bom. 48 of 1958,
Section 2)
[2] For
Statement of Objects and Reasons, see Bombay Government Gazette, 1912, Part.
VII, p. 131; for Report of Select Committee, see ibid., 1912, Part VII, page
132; and for Proceedings in Council see ibid., 1912, Part VII, pages 221 and
471.
[3] This
indicates the date of commencement of Act.
[4] These
words were substituted for the words "State of Bombay" by Adapted and
modified by the Maharashtra Adaptation of taws (State and Concurrent Subjects)
Order. 1960.
[5] These
words were substituted for the original by Bom. 10 of 1938, Section 2.
[6] These
words were substituted for the words "State of Bombay" by Adapted and
modified by the Maharashtra Adaptation of taws (State and Concurrent Subjects)
Order. 1960.
[7] This sentence was substituted for the original by Bom. 48
of 1958, Section 3 (b).
[8] These words were substituted for the words " State of
Bombay " by the Maharashtra Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
[9] The words "Provincial Government" were
substituted for the words "Governor in Council " by the Adaptation of
Indian Laws Order in Council.
[10] This word was substituted for the word
"Provincial" by the Adaptation of Laws Order, 1950.
[11] The words "Official Gazette" were substituted
for the words "Bombay Government Gazette" by the Adaptation of Indian
Laws Order in Council.
[12] This proviso was added by Bom. 48 of 1958, Section 3 (b)
[13] The words
"Official Gazette" were substituted for the words "Bombay
Government Gazette" by the adaptation of Indian Laws Order in Council.
[14] The words "Provincial Government" were
substituted for the words "Government in Council" by the Adaptation
of Indian Laws Order in Council.
[15] This word was substituted for the word
"Provincial" by the adaptation of Laws Order, 1950.
[16] The words "Provincial Government" were
substituted for the words "Government in Council" by the Adaptation
of Indian Laws Order in Council.
[17] This word was substituted for the word
"Provincial" by the adaptation of Laws Order, 1950.
[18] The words "it" was substituted for the word
"he" by the Adoption of Indian Laws Order in Council.
[19] This portion was inserted by Bom. 10 of 1938, Section 3.
[20] The words "it" was substituted for the word
"he" by the Adoption of Indian Laws Order in Council.
[21] This sub-section and the word "and" were
inserted by Bom. 4 of 1931, Section 9 (a) (i).
[22] The words "Provincial Government" were
substituted for the words "Government in Council" by the Adaptation
of Indian Laws Order in Council.
[23] This word was substituted for the word
"Provincial" by the adaptation of Laws Order, 1950.
[24] The words "Provincial Government" were
substituted for the words "Government in Council" by the Adaptation
of Indian Laws Order in Council.
[25] This word was substituted for the word
"Provincial" by the adaptation of Laws Order, 1950.
[26] These words were deemed always to have been substituted
with effect from the 1st day of May 1973 for the words "to any book-maker
for such period" by Mah. 44 of 1974, Section 2.
[27] Sub-section (3) was renumbered as sub-section (4), by Bom.
4 of 1931, Section 9(a) (ii)
[28] The words "Provincial Government" were
substituted for the words "Government in Council" by the Adaptation
of Indian Laws Order in Council.
[29] This word was substituted for the word
"Provincial" by the adaptation of Laws Order, 1950.
[30] Section 7
was renumbered as 7(1), by Bom. 4 of 1931, Section 9 (b).
[31] Sub-section
(2) was inserted ibid., Section 9 (b).
[32] The words
"Provincial Government" were substituted for the words "Governor
in Council" by the Adaptation of Indian Laws Order in Council.
[33] This word
was substituted for the word "Provincial" by the Adaptation of Laws
Order 1950.
[34]
The word
"Official Gazette" were substituted for the words "Bombay
Government Gazette" by the Adaptation of Indian Laws Order in Council.
[35]
The word
"Official Gazette" were substituted for the words "Bombay
Government Gazette" by the Adaptation of Indian Laws Order in Council.