KARNATAKA PRIZE COMPETITIONS RULES, 1956

 

PREAMBLE

In exercise of the powers conferred by Section 20 of the Prize Competitions Act, 1955 (Central Act 42 of 1955), the Government of Karnataka are pleased to make the following rules, the same having been previously published as required by sub-section (1) of the said section, namely.--

Rule - 1. Short title.

These rules may be called the Karnataka Prize Competitions Rules, 1956.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires.--

(a)      "Form" means a form appended to these rules;

(b)      "Licence" means a licence granted under Section 6 of the Act; and

(c)      "The Act" means the Prize Competitions Act, 1955.

Rule - 3. Form and manner of application for licence.

Every application for a licence under sub-section (1) of Section 6 of the Act shall be in Form A and shall be either submitted personally, or sent by registered post, by the applicant to the licensing authority.

Rule - 4. Form and particulars of licence.

(1)     Every licence shall be in Form B and shall be subject to the conditions and restrictions therein specified and to the provisions of the Act and these rules.

(2)     Every such licence shall be effective throughout the State of Karnataka.

Rule - 5. Period of validity of licence and its renewal.

Every licence shall be valid initially for a period of one year from the date of its issue and shall lapse on the expiry of that period; but the licensing authority may on application made by the licensee in this behalf in Form A before the expiry of the period of validity of the licence, renew it from time to time for such further period not exceeding one year in each case as may be decided by that authority in its discretion.

Rule - 6. Fees for grant and renewal of licence.

(1)     The fee for every licence shall be.--

(a)      Rupees twenty-five where an entry fee is charged in respect of a Prize Competition; and

(b)      Rupees ten where no such entry fee is charged.

(2)     Such fee shall be paid by the applicant into a Government Treasury, including a Banking Treasury on Government account.

(3)     The fee for the renewal of a licence shall be one-half of the fee leviable for the grant of the original licence.

(4)     No application for the grant or renewal of a licence shall be entertained unless the amount of the fee in each case is paid or sent as aforesaid provided that if the licence is not granted or renewed, the applicant shall be entitled to a refund of the fee paid by him.

(5)     Fees for grant and renewal of licence should be credited to Government under "XIII Other Taxes and Duties--E. Other Items--h. Prize Competition--1. Licence Fees, Taxes, etc.".

Rule - 7. Limitation for appeals.

Every appeal to the State Government under Section 16 of the Act shall be preferred within a period of thirty days from the date of the decision of the Licensing Authority.

Rule - 8. Bar on transfer of licence.

No licensee shall sell or otherwise transfer the licence granted to him or enter into any partnership with any person for the purpose of promoting or conducting a Prize. Competition or Prize Competitions under such licence.

Rule - 9. Loss of licence.

When a licence is lost or destroyed, a duplicate copy thereof may be furnished to the licensee on payment of a fee of.--

(a)      Rupees ten for a licence where an entry fee is levied in the Prize Competition; and

(b)      Rupees five for a licence where no such entry fee is levied.

Rule - 10. Production of licence on demand.

Every person acting under or holding a licence shall produce the same whenever called upon to do so by the licensing authority or by an officer duly empowered by the licensing authority in this behalf.

Rule - 11. Entry fee.

(1)     Where an entry fee is charged in respect of a prize competition, such fee shall be paid in money only and not in any other manner.

(2)     The maximum amount of an entry fee shall not exceed Rupee one where the total value of the prize or prizes to be offered is rupees one thousand but not less than rupees five hundred; and in all other cases the maximum amount of an entry fee shall be at the following rates; namely.--

(a)      annas eight where the total value of the prize or prizes to be offered is less than rupees five hundred but not less than rupees two hundred and fifty; and

(b)      annas four where the total value of the prize or prizes to be offered is less than rupees two hundred and fifty.

Rule - 12. Maintenance of register.

Every licensee shall maintain in respect of each prize competition for which a licence has been granted a Register in Form C and shall, for the purpose of ensuring that not more than two thousand entries are received for scrutiny for each such competition, take the following steps, that is to say, shall.--

(a)      arrange to receive all the entries only at the place of business mentioned in the licence;

(b)      serially number the entries according to their order of receipt;

(c)      post the relevant particulars of such entries in the register in Form C as and when the entries are received and in any case not later than the close of business on each day; and

(d)      accept for scrutiny only the first two thousand entries as they appear in the register in Form C and ignore the remaining entries, if any, in cases where no entry fee is charged and refund the entry fee received in respect of the entries in excess of the first two thousand to the respective senders thereof in cases where an entry fee has been charged after deducting the cost (if any) of refund.

Rule - 13. Keeping books of accounts.

The accounts referred to in Section 7 of the Act shall be maintained according to the following provisions, namely.--

(a)      there shall be a cash book in Form D and all transactions relating to each prize competition shall be entered in the appropriate sections of the cash book;

(b)      the cash book both on the receipt side and on the expenditure side, shall be written up day by day, and at the end of each day's transaction the total of receipt and expenditure for the day and the progressive total receipts and expenditure since the commencement of the prize competition to which the entries relate, shall be struck; and

(c)      at the close of each prize competition an abstract of the total receipts and expenditure on account thereof, including the expenditure on the award of prizes shall be exhibited in the cash book itself; and where prizes are awarded to competitors who have submitted free entry coupons, the fact shall be clearly stated and full particulars of such successful competitors shall be clearly and separately shown in the cash book.

Rule - 14. Furnishing statement of accounts.

Every licensee shall within fifteen days of the close of each month, submit to the licensing authority a return in Form E of the total sum received and the total expenditure incurred by such licensee during the month.

Rule - 15. Production of register and cash book for inspection.

Every licensee shall make available for the inspection of the Licensing Authority or such officer as that Authority may nominate in this behalf, at all reasonable times and on demand, the register in Form C, the cash book in Form D and all vouchers and such other papers as may have a bearing on the conduct of the prize competition.

Rule - 16. Committee to scrutinise prize competitions.

(1)     As soon as may be after a licence has been granted, the Licensing Authority shall constitute a committee for the purpose of scrutinising the conduct and result of each prize competition that may be promoted under the licence.

(2)     The committee shall consist of a Chairman, who shall be the Licensing Authority or any officer of the State Government nominated by the Licensing Authority and not more than five other members of whom the licensee shall be one, and the rest shall be non-officials of standing in the local area concerned to be appointed by the Licensing Authority.

 

FORM A

[See Rule 3]

Application for the grant or renewal of a licence under the Prize Competitions Act, 1955 (Central Act 42 of 1955)

(The replies to be written in this column)

1.     Full name and address of the applicant .....................

2.     Place of business .....................

*3.   Particulars of the Prize Competition (or competitions) for which licence/renewal of licence is applied for including the entry fee (if any) to be charged, the value of the prize or prizes to be offered and how the entries will be scrutinized and prize winning competitors selected.....................

4.     Whether the applicant had applied for a licence before and if so, with what results .....................

5.     Any further particulars which the applicant .....................

may like to furnish .....................

Date of application

.................______________________ Signature of the applicant.

*Explanation.-- The applicant shall furnish with the application a specimen entry form and any other literature proposed to be issued in connection with the prize competition.

 

FORM B

[See Rule 4]

Licence for the promotion and conduct of a Price Competition (or competitions) under sub-section (2) of Section 6 of the Prize Competitions Act, 1955 (Central Act 42 of 1955)

Licence No.......

Name of Licensee .....................

Address .....................

Situation and place of business .....................

Two or village (name of street and number of premises in the case of a town)......Taluk......District......is hereby granted a licence subject to the provisions of the Prize Competitions Act, 1955 (hereinafter called "the Act"), and the rules thereunder for promotion of the prize competition (or competitions) described in the Schedule annexed to this licence for the period from.....19. ... to......19....., both days inclusive subject to the conditions hereinafter mentioned, namely.--

Conditions

(1)     The licensee shall afford all facilities for the checking of his accounts and shall, at all reasonable times produce for inspection accounts or other documents and shall furnish fully and correctly any information in his possession as may be required for the purposes of the Act by the Licensing Authority or any officer authorised by the Licensing Authority in this behalf.

(2)     The licensee shall not vary the details of the competition entrance fee and the prizes stated in respect thereof in the Schedule thereto annexed without the previous permission of the Licensing Authority.

(3)     The licensee shall state in a prominent place in every publication, ticket or coupon issued in connection with the prize competition(s) that he has obtained such licence and shall also specify in such publication, ticket or coupon, the number and date of the licence.

(3-A) The licensee shall not promote or conduct any competition outside India and all tickets, coupons, advertisements, posters and bills, list of prize winners and other documents for use in the prize competition or descriptive of such competition or otherwise relating thereto, shall bear in bold letters a note stating that the competition shall not be available for persons residing outside India.

(3-B) In every prize competition the licensee shall deposit the solution, predetermined by Him with reference to that prize competition, in a sealed cover with the Licensing Authority before any publication ticket or coupon relating to such prize competition is issued by him]

(4)     The licensee shall not entertain more than two entries from any one competitor and in every prize competition the total number of entries shall not exceed two thousand.

(5)     In any competition.--

(i)       fees payable in respect of all entries offered or allowed by the licensee shall be at uniform rates;

(ii)      the licensee shall not give any rebate or offer any concession whatsoever to any class of competitors;

(iii)     the licensee shall not allow any bonus in any form in addition to the prize or prizes to be given to any competitor;

(iv)    the licensee shall not allow any remuneration, award or prize to any agent for the collection of solutions of competitors;

(v)      the licensee shall not reduce the amount of the prize published on the ground that the fees collected from the competitors fell short of expectations; and

(vi)    the prize amounts shall be disbursed to the winners within a fortnight from the date of publication of the result of the prize competition.

(6)     If the licence is suspended or cancelled for any reason, the licensee shall not be entitled to any compensation for such suspension or cancellation or to the refund of any fee paid in respect thereof._____________

(1)     Condition 3-B inserted by Notification No. RD 3 CPC 61, dated 3-6-1961

Dated this.......day of........19......

Seal of the Licensing Authority

Signature of the Licensing Authority.

 

FORM C

[See Rule 12]

Name of the licensee .....................

Address at which entries are to be received .....................

Number of licence .....................

Nature and description of Prize Competition .....................

Prize or Prizes offered for the Competition .....................

Amount of Entry Fee_________________________................

 

FORM E

[See Rule 14]

Name and address of the licensee......................................

Place of business....................................................

No. of licence.........................................................

Nature and description of the prize competition.........................

Prizes offered.........................................................

I do hereby declare that I have compared the above particulars with my Register in Form C and the Cash Book in Form D and they are insofar as I can ascertain, accurate and complete.

Dated this.....day of... ..19....

Signature of the Licensee