THE ASSAM AMUSEMENTS AND BETTING TAX RULES, 1939
Rule - 1. Title.
[1][These
rules may be called the Assam Amusements and Betting Tax Rules, 1939 and shall
come into force on the 1st August, 1939.
CHAPTER I
ENTERTAINMENTS TAX RULES
Rule - 2. Entertainments Tax Rules.
(1) Except as
is provided by these rules no person shall marker cause to be marked in any
manner, any Stamp referred to in clause (a) of Section 4 of the Assam
Amusements and Betting Tax Act, 1939.
(2) ["The
proprietor shall keep necessary stock of tickets."][2]
(3) ["Books
of Tickets- The Books of Tickets admitting entrance to an entertainment shall
contain one hundred Tickets each and bear a number. The cover of the Book shall
indicate the Number of the Book as well as the total Number of Tickets
contained therein.
Every Ticket issued by the Proprietor authorising
admission to an entertainment shall bear Book No. and Serial No. of the
Ticket.][3]
(4) Register
of Books of Tickets - Every Proprietor shall maintain a Register showing the
Number of Books of Tickets printed and brought into use in form No. I-D.
(5) (a)
Different coloured paper shall be used for printing tickets for different
classes, provided that where this is not possible, the prescribed officer, if
he thinks fit and is satisfied, may authorised any Proprietor to print
different series of Books of Tickets marked 'A', "B', 'C', etc. for
different classes;
(b) Each ticket shall contain three foils and shall be
printed in Form A ["and all free or complimentary passes or tickets shall
be printed in Form I-E][4] annexed
to these rules;
(c) The first foil which shall be smaller than the other
two foils shall remain attached to the Book Cover and be preserved for three
months for check and inspection;
(d) The ticket to be issued to the purchaser for
admission to an entertainment shall be the second and third foil taken together
and not torn at the line of performation.
Rule - 3.
No person shall purchase any such stamp except from a
person duly appointed to sell and distribute stamps, or duly licensed to deal
in stamps:
Provided: (a) that nothing in this rule shall apply to a
person purchasing such a stamp affixed to a ticket for the purpose of being
admitted to an entertainment; and
(b) that when the proprietorship of an entertainment
changes hands, it shall be lawful for the new proprietor, after giving due
notice to the prescribed officer, to purchase from the former proprietor within
fifteen days from the date of such notice, the stock of unused stamps in the
latter's possession.
Rule - 4.
(1) The
proprietor shall not issue, or have in his possession at the place of
entertainment or at any place whereat tickets for the entertainment are sold,
any ticket being a ticket authorising or intended to be issued for the purpose
of authorising any person to be admitted to an entertainment, unless the price
of admission and the statement required by this rule are legibly printed,
stamped, or otherwise marked on the ticket.
For the purpose of this rule, price of admission means
the price exclusive of the entertainments tax, and there shall be printed on
every such ticket as aforesaid a statement that the price printed thereon in
accordance with the requirements of this rule excludes the entertainments tax.
(2) ["The
proprietor shall affix the stamp on the ticket on the line of perforation and
but the time and date seal on all the foils of the ticket in such a manner that
the time and date seal on the second and third foils fall on the stamp
itself."][5]
(3) ["The
time and date seal on the ticket shall be given at the time of actual sale of
the ticket and not before. If any stamp affixed on tickets contains more than
one date seal such stamp shall not be accepted as valid and the proprietor
shall have to affix fresh stamp of proper denomination on the second foil of
the ticket and put the appropriate date and time seal on the same. Such stamps
shall be destroyed by the prescribed officer after inspection of the same. The
time and date seal shall be of such design as approved by the prescribed
officer,"][6]
Rule - 5.
The proprietor shall not issue to any person a stamp
referred to in clause (a) of Section 4 of the said Act otherwise than securely
affixed to a ticket issued for the purpose of authorising admission to the
entertainment.
Rule - 6.
The proprietor shall not, on any payment for admission to
the entertainment being made, issue in respect of that payment any ticket
authorising admission to the entertainment other than a ticket to which is
affixed a stamp denoting the proper amount of entertainments tax chargeable in
respect of that payments:
Provided that this rule shall not apply in any case where
the proprietor of the entertainment has made arrangements for furnishing
returns of the payments for admission and has given security to the
satisfaction of the Provincial Government for the payment of the entertainments
tax.
Rule - 7.
(1) Subject to
the provisions of these rules, the proprietor shall not deface, cut, tear or
diminish any stamp affixed to a ticket and denoting the proper entertainments
tax payable before the ticket to which it is affixed is issued, or admit any
person to an entertainment with a ticket bearing a stamp which has been
defaced, cut, torn, or diminished.
(2) No person
being a holder of a ticket to which a stamp is affixed for the purpose of
authorising admission to an entertainment shall deface, cut, tear, or diminish
the stamp.
(3) The
proprietor shall collect the tickets of all persons about to be admitted to the
entertainment and every person about to be admitted by means of a stamped
ticket shall immediately before admission to the entertainment deliver the
ticket with the stamp attached to the person who is collecting the tickets.
(4) ["When
a ticket is so collected, the Proprietor shall forthwith deface the stamp on
the ticket by tearing the ticket on the line of perforation into two portions
across the stamp. The second foil shall be retained by the Proprietor and the
third or outerfoil returned to the purchaser who shall retain it until he has
left the place of entertainment. The second foil thus retained shall be
preserved for inspection and to be destroyed by the officer concerned after
inspection."][7]
(5) ["Daily
Report of Sales of tickets - A daily report of sale of tickets shall be
furnished by the Proprietor to the prescribed officer on the day following the
entertainment before 12 noon and in Form I-B annexed to these rules.
The officer-in-charge will verify these reports by
checking them with the first foils. He will check the 2 foils to see that no
ticket has been issued without the necessary stamp. He shall demand the second
foils of all tickets entered as sold in the report. He shall also check the
stamp Register and see that this tallies with the stamps used in the ticket
book."][8]
Rule - 8.
(1) Where the
proprietor issues any ticket purporting or intended to authorise the admission
to the entertainment of more than one person, he shall cause the ticket to be
clearly marked with the number of persons so authorised to be admitted and the
total price charged for the ticket, and he shall not admit to the entertainment
by virtue of that ticket, a greater number of presons that marked on the
ticket.
(2) For the
purpose of calculating the entertainments tax chargeable in such a case there
shall be deemed to be as many payments for admission as there are persons
authorised to be admitted under the ticket, and each of these payments shall be
deemed to be equal in amount to the total price charged for the ticket divided
by the total number of the persons so authorised.
Rule - 8A.
(1) The
Proprietor shall book seats in advance when so required by any person at any
place where tickets for entertainment are sold.
(2) For the
purpose of sub-rule (1), the proprietor will issue tickets, in the manner
prescribed in Rule 4."][9]
[(3) Deleted][10]
Rule - 9.
(1) Where the duty
is calculated on a lump sum paid for a season ticket, or for a ticket
authorising admission to any entertainment, during a certain period of time,
the proprietor shall before issuing the ticket mark it with the name of the
person to whom it is to be issued.
(2) Unless the
proprietor of the entertainment has made arrangements approved by the
Provincial Government for furnishing returns of payment for admission and has
given security to there satisfaction for the payment of entertainment tax, he
shall, before issuing any such season ticket as aforesaid affix thereto a stamp
denoting the proper amount of entertainments tax chargeable thereon and shall
deface the stamp by writing in ink on the face thereof the date of issue of the
ticket, and any such stamp shall not be required to be defaced at the time of
admission to the entertainment in the manner prescribed in sub-rule (4) of Rule
7.
Rule - "9A. Permission for operating cable television network.
(1) The
proprietor of an existing cable television network shall submit to the
Commissioner or any other officer authorised by him in this behalf an
application in ("Form XIXA"][11] within
30 days from the date on which these rules come into force, seeking permission
for operating the cable television network.
No proprietor of an existing cable television network
shall continue to operate the cable television network after 60 days from the
date on which these rules come into force, unless he obtains permission in this
regard from the Commissioner or the officer authorised by him in this behalf.
(2) Any person
who intends to operate a cable television network after these rules come into
force shall submit to the Commissioner or any other officer authorised by him
in this behalf an application in "Form XIXA"] seeking permission
to operate the cable television network.
No person shall start operating a cable television
network without obtaining permission from the Commissioner or the officer
authorised by him in this behalf.
(3) On
scrutiny of an application submitted under sub-rule (1) or sub-rule (2) if the
Commissioner or the officer authorised by him in this behalf finds the
application in order, shall ask the applicant to furnish a security of an
amount as may be determined by the Commissioner or the officer authorised by
him in this behalf. On furnishing of the security by the applicant, the
permission shall be granted to him in Form XX.
Rule - 9B. Payment of tax on cable service.
(1) The
proprietor of a cable television network liable to pay entertainment under
["Section 3C"][12]
shall file monthly return in Form XXI in duplicate before the officer delegated
with the powers of the Commissioner under Section 2B, within fifteen days from
the end of the month. The amount of entertainment tax payable as per the return
shall be deposited into the Treasury by challan and a copy of the challan shall
be enclosed to the return.
(2) The
proprietor of a hotel who is liable to pay entertainment tax under
["Section 3C"][13] shall
file monthly return in Form XXII in duplicate before the officer delegated with
the powers of the Commissioner under Section 2B, within fifteen days from the
end of the month. The amount of entertainment tax payable as per the return
shall be deposited into the Treasury by challan and a copy of the challan shall
be enclosed to the return.
Rule - [9C. Application to Commissioner before holding an entertainment.
Any person or organisation desirous of holding an
entertainment shall submit to the Commissioner or the officer authorised by him
in this behalf an application in Form XXIII where the admission to the
entertainment is through open sale of tickets and in Form XXIV where the
admission to the entertainment is otherwise than through open sale of tickets,
at least 10 days before the date of such entertainment:...
Provided that the Commissioner or the officer authorised
by him in this behalf may accept an application submitted later than 10
[Published in the Assam Gazette Extraordinary, dated 30th
December, 2004.] days before the date of entertainment, if he is satisfied
that there are cogent grounds for not submitting the application in
time."][14]
Rule - 10.
The proprietor shall not admit any person to the
entertainment without any payment, unless that person is the holder of a ticket
or document entitling him to be admitted without payment and clearly marked
"complimentary" or "free" or a badge recognised by the
proprietor as entitling the holder thereof so to be admitted. No person shall
enter or otherwise obtain admission to an entertainment without payment unless
he is the holder of such a ticket, document or badge as aforesaid.
Rule - "10A. Payment of lump-sum tax for cinematograph exhibition.
(1) The amount
of lump-sum tax payable by the proprietor of a cinematograph exhibition
["as per second proviso to clause (b) of sub-section (1) of Section
3"][15] shall
be determined in the following manner-
(a) The
average occupancy per show of the house where the cinematograph exhibition is
held shall be calculated for each class by taking into account the actual
occupancy of that class for each show for last three years and this average
occupancy shall be increased by 10%, If the figure so arrived at is 60% or more
of the total capacity of the particular class of the house, it shall be taken
to be the reckoning average occupancy of that class, otherwise the reckoning
average occupancy shall be determined at 60% of the actual capacity of the
class;
(b) The
lump-sum amount of tax payable for each show for each class shall be determined
by multiplying the reckoning average occupancy of the class by the existing
entertainment tax for admission into the class. The lump-sum amount of tax
payable for each show for the entire house shall be the sum of the lump-sum
amounts of all the classes of the house for each show and the lump-sum amount
payable for each day for the entire house shall be determined by multiplying
the lump-sum amount for each show for the entire house by the number of daily
shows usually exhibited at the time of determination of the lump-sum amount.
In case of any revision in the entertainment tax due to
revision of the rate of admission or the rate of entertainment tax or both, the
lump-sum tax shall also be revised in the manner laid down in clause (b)
sub-rule (1) by taking into account the revised entertainment tax for each
class and such revised lump-sum tax shall take effect from the date on which
the revised rate of admission or the revised rate of entertainment or both take
effect."][16]
Rule - 11.
Any reference in these rules to admission to a place of
entertainment or to a person admitted to a place of entertainment shall be
deemed to include a reference to the admission to another part of the place of
entertainment, for admission to which part a payment involving payment of
entertainments tax or more entertainments tax is required of a person who has
been admitted to one part of that place of entertainment and to such a person
admitted to such another part of the place of entertainment, and these rules
shall have effect accordingly.
Rule - 12.
Every proprietor is required to keep registers of
payments for admission and records of stamps denoting the entertainments tax
purchased and used in Form No. I and II, and to issue tickets in ["Forms
No. I-A and I-E"][17] annexed
to these rules.
Rule - "12A.
Every Cinema Proprietor shall display conspicuously a
Notice in Form I-C annexed to these rules, in English and in the principal
local vernacular or vernaculars at the window or at the place where the ticket
authorising admission to an entertainment, is sold and shal also flash daily
this notice on the screen at each show between the news reel and the main
picture for sufficient length of time."][18]
Rule - 13.
(1) The
proprietor shall at all reasonable times on demand by any Magistrate or police
or ["officer of the Department of Taxes"][19] not
below the rank of Sub-Inspector produce before that officer all books and
records kept by the proprietor in connection with any entertainment and all
tickets and all portions of any tickets and all stamps for the time being in
his possession, and shall allow the officer to inspect and take an account the
same or to remove the same for the purpose of examination or inquiry.
(2) A person
who has been admitted to an entertainment in respect of which the proprietor
has not made arrangements approved by the Provincial Government for furnishing
returns of payments for admission, and given security to their satisfaction for
the payment of the entertainments tax, shall upon demand made during the course
of, or immediately before, or after the entertainment, produce before any
officer mentioned in clause (1) of this rule the ticket, badge, card or
admission, voucher or document by means of which he was admitted or portion of
the ticket by means of which he was admitted, bearing a stamp defaced in
accordance with sub-rule (4) of Rule 7.
Rule - 14.
(1) The
proprietor of an entertainment who has been allowed to make a consolidated
payment of the entertainments tax under the provisions of sub-section (3) of
Section 3 of the Assam Amusements Tax Act, 1939 shall not issue, or have in his
possession at the place of entertainment any ticket, being a ticket authorising
or intended to be used for the purpose of authorising any person to be admitted
on payment to the entertainment, unless the price of admission is legibly
printed, stamped, or otherwise marked on such ticket. For the purpose of this
rule the price of admission means the price inclusive of the amount of the tax,
and there shall be printed on every such ticket, as aforesaid, a statement that
the price printed thereon, in accordance with the requirements of this rule,
includes the tax.
(2) Any such
proprietor as aforesaid shall within seven days from the date of an
entertainment, furnish to the prescribed officer a return in respect thereof
showing the gross sum received by him on account of payment for admission and
particulars of the gross sum so received shall be shown separately for each
class of payments for admission.
(3) The
proprietor shall also forward to the prescribed officer a return showing the
number and classes of season tickets issued, the period for which such tickets
are available and the gross sum realised thereby, at such times as the
prescribed officer may determine.
(4) The
proprietor shall pay to the credit of the Government of Assam, at such times
and in such manner as may be fixed by the prescribed officer, the amounts of
the tax due. Intimation of such payment shall be given to the prescribed
officer together with a statement showing the particular entertainments in
respect of which payment is made and the amount due on account of each such
entertainment.
(5) ["The
proprietor of a Cinematograph shall furnish to the Prescribed Officer, a return
in Form XVIII annexed to these Rules showing the number of shows held during
the preceding month and shall lodge the said return with the Prescribed Officer
within 7 days of the close of the month to which it relates.
Before any Proprietor furnishes the return required under
this rule, he shall pay into a Government Treasury the full amount of tax due
by him under sub-section (1) of Section 3A of the Act according to such return
and shall furnish, along with the return, a treasury challan showing the
payment of such amount."][20]
(6) ["The
proprietor of a Cinematograph shall furnish to the prescribed officer, a return
in Form XIX annexed to these Rules showing the amount of service charges
collected during the preceding month and shall lodge the paid return with the
prescribed officer within 7 days of the close of the month to which it relates:
Provided that before any proprietor furnishes the return
required under this rule, he shall pay into a Government Treasury the full
amount of tax due by him under ["clause (d) of sub-section (1) of Section
3"][21] of
the Act according to such return and shall furnish alongwith the return, a
Treasury Challan showing the payment of such amount."][22]
(7) ["The
proprietor of a cinematograph shall furnish to the prescribed officer, a return
in Form XXV showing the amount of film surcharge payable for the preceding
month and shall lodge the said retrun with the prescribed officer within seven
days from the last days of the month to which it relates:
Provided that before furnishing such return, the
proprietor shall pay into a Government. Treasury the full amount of tax due
under clause (c) of sub-section (1) of Section 3 of the Act and shall furnish
along with the return, a treasury Challan showing the payment of such
amount."][23]
Rule - 15.
When a proprietor is permitted to avail himself of the
provisions of sub-section (b) of Section 4 of the Act he shall submit to the
prescribed officer within ten days of the entertainment a return in Form No.
III showing the number of persons admitted by the mechanical contrivance, the
gross amount including tax paid for admission by such persons and the amount of
tax collected from them.
Rule - 16.
No person shall in any circumstances be admitted by any
mechanical contrivance save on payment of the price of admission, inclusive of
tax. Such price inclusive of tax shall be exhibited in conspicuous position on
or near the mechanical contrivance, the fact that the price is inclusive of tax
shall also be exhibited clearly.
Rule - 17.
All payments made in accordance with the provisions of
subsection (b) of Section 4 of the Act shall be made to the prescribed officer
within ten days of the entertainment at such time and in such manner as he
shall require.
Rule - 18.
Every proprietor of an entertainment shall, when more
than ten per cent of the tickets for any class or seats for an entertainment
are issued as complimentary tickets, submit to the prescribed officer, within
10 days from date of performance of the entertainment, a return of such tickets
in Form IV, giving reasons for issuing the same -such return shall be exclusive
of the number of complimentary tickets claimed under any leased for the time
being in force in respect of the place where the entertainment is held.
Rule - 19.
Where exemption is given under Section 8 of the Act the
prescribed officer shall issue to the proprietor a certificate in Form No. V
and the proprietor shall comply with the conditions therein stated.
Rule - 20.
All applications for exemption under Section 8 of the Act
shall be made to the prescribed officer, not less than ["thirty
days"][24] before
the date of entertainment:
["Provided that the prescribed officer may for good
and sufficient reasons to be recorded in writing condone the delay in making of
an application under this rule."][25]
Rule - 21. For the purpose of these rules
(a) "entertainment"
shall include a series of races held on any one day;
(b) ["the
prescribed officer" in regard to the entertainments shall be the
Commissioner of Taxes or any other officer or officers authorised by
him."][26]
CHAPTER II REFUNDS AND RENEWALS
Rule - 22.
When any stamp referred to in clause (a) of Section 4 of
the Assam Amusement and Betting Tax Act have been damaged or spoiled and it is
required to renew the same, the ["Commissioner of Taxes or any other
officer or officers authorised by him"][27] may,
on the application of any person made within six months from the date of the
purchase of the stamp, give in lieu thereof-
(a) other
stamp or stamps of the same description and value; or
(b) if
required and he thinks fit, stamps of any other description to the same amount
in value; or
(c) at his
discretion, the same value in money deducting one anna for each rupee or
fraction of a rupee.
Rule - 23.
When any person is possessed of a stamp or stamps Which
have not been spoiled or rendered unfit or useless for the purpose intended,
but for which he has no immediate use, the ["Commissioner of Taxes or any
other officer or officers authorised by him"][28] shall
repay to such person the value of such stamp or stamps in money deducting one
anna for each rupee or portion of a rupee, upon such person delivering up the
same to be cancelled and proving to the ["Commissioner of Taxes or any
other officer or officers' satisfaction-
(a) that such
stamp or stamps were purchased by such person with a bonafide intention of
using them; and
(b) that he
has paid the full price thereof; and
(c) that they
were so purchased within the period of one year next preceding the date on
which they were so delivered:
Provided that when more stamps than one are presented for
refund of value under this rule, the deduction of one anna in the rupee should
be made on the aggregate value of the stamps, and not on each stamp separetely:
["Provided further that when any stamp or stamps
have been rendered unadjustable consequent upon the modification of the rates
of entertainment tax, the prescribed Officer may, if he thinks fit, refund the
full value of such stamp or stamps surrendered without any deduction as
aforesaid."][29]
Rule - 24.
Application for renewal or refund of stamps shall
invariably be made to the ["Commissioner of Taxes or any other officer or
officers authorised by him?][30] of
the district where the stamps were purchased.
Rule - 25.
Any person claimed under Section 9 of the Act a refund of
the entertainments tax shall present an application for such refund to the
["Commissioner of Taxes or any other officer or officers authorised by
him"][31] within
15 days from the date of the entertainment. An application for refund not
presented within such period shall be rejected.
Rule - 25A.
Where any security deposit made under Section 4A of the
Assam Amusement & Betting Tax Act, 1939, or part thereof is not required to
be retained for purposes of the Act, it may be refunded by the officer who
demanded it, on claim preferred to that effect.
Rule - 25B.
(1) An
application under Rule 25A shall be made, to the officer who demanded the security
and shall include, amongst others, the following particulars -
(a) the name
and designation of the person applying for refund of the security deposit;
(b) the amount
of security deposit together with challan number and date;
(c) the amount
of refund of security deposit claimed;
(d) the ground
on which refund is claimed.
(2) No claim
for refund of the security deposit shall be allowed unless it is made within
one year from the date of deposit.
(3) When the
officer who demanded the security is satisfied that refund claimed is due,
wholly or in part he shall record an order sanctioning the refund.
(4) When the
amount to be refunded exceeds two hundred and fifty rupees, the officer
concerned shall report the case to the Commissioner forwarding the application
together with relevant records for sanctioning the refund."][32]
CHAPTER III[33] BETTING
TAX RULES ON HORSE RACING
Rule - 26.
In the case of credit bets, the betting tax on horse race
shall be deducted or collected by the licenced bookmaker for horse race, with
whom such bets have been made on the setting day.
Rule - 27.
Each licenced bookmaker for horse race shall keep
accounts of all bets made with him, whether in cash or on credit in Form VI
annexed to these rules. The accounts shall be shown separately for
"win" and "place" bets.
Rule - 28.
The accounts prescribed by Rule 27 together with a
statement in Form VII annexed to these rules, shall be produced by the licenced
bookmaker for horse race before the prescribed officer within seven days of the
last racing day or a race-meeting, and the amount of betting tax on horse race
found by examination of such accounts to be due to Government, shall be paid by
the licenced bookmaker for horse race to the prescribed officer within seven
days of the examination of the accounts and the determination by the prescribed
officer of the amount of tax due.
Rule - 29.
Where any bet is disputed, the amount of the betting tax
on horse race due thereon shall be paid by the bookmaker within seven days of
the decision of the stewards of the race-meeting.
Rule - 30.
The amount of betting tax on horse race received by the
prescribed officer on behalf of the Government under these rules shall be paid
to the credit of the Government of Assam fortwith.
Rule - 31.
The prescribed officer shall prepare and maintain a
statement showing for each race-meeting the amount of monies paid or agreed to
be paid by each licenced bookmaker for horse race and the amount of tax due
thereon.
Rule - 32.
The prescribed officer for the purpose of these rules in
respect of betting tax on horse race shall be the Commissioner of Taxes or any
other officer officer or officers authorised by him.
CHAPTER IV TOTALISATOR TAX
RULES
Rule - 33.
The Stewards of a race-meeting shall furnish to the
prescribed officer not later than the 1st day of May in each year a statement
showing the number of totalisators to be maintained by them at each race
meeting through the year, and the minimum sum that can be paid into each
totalisator by a backer as a stake, and shall intimate to the prescribed
officer any subsequent variation in the number and description of totalisator
so maintained.
Rule - 34.
The Stewards of a race-meeting shall give accounts in the
following form of all monies paid into the totalisator at that meeting-
(a) As soon as
a totalisator is closed in respect of a race the number of tickets sold shal be
recorded on a reader's sheet in Form VIII annexed to these rules, and the total
number of tickets sold shall be calculated and shown therein;
(b) The sales
so ascertained, and shown in Form VIII shall be entered on a calculation sheet
on which shall be calculated the dividend payable. Separate calculation sheets
shall be used for "win" and "place" bets in Forms IX and X
annexed to these rules;
(c) Full
details in respect of each race shall be enterted in a record book showing the
tickets, sold, the total amount paid into the totalisator, the result of the
race, the amount of the tax payable, the Commission retained by the proprietor
of the totalisator, and any surplus or loss that may be incurred, and a summary
shall also be maintained at the end of the book showing the commission, tax,
surplus, loss and takings for each day's racing. The record book and summary
shall be kept separately for "win" and "place" bets in
Forms XI, XII, XIII and XIV and annexed to these rules.
Rule - 35.
Where money is paid by credit into the totalisator by
means of an I.O.U. voucher, the amount of the stake so laid by a backer on
credit shall, for the purpose of computing the monies paid into the
totalisator, be added to the cash amounts paid by way of stakes and the credit
shall be supported by a voucher in Form XV or Form XVI annexed to these rules
according as the stake is laid for a win or a place.
Rule - 36.
The stewards of a race-meeting shall within seven days of
each racing day, forward to the prescribed officer a return showing for each
totalisator the amount paid in by backers on account of, "win" and
"place" bets. The return shall also show the total amount received on
account of payments into the totalisators and the amount of the tax due thereon
under Section 15 of the Act, and shall be in Form XVII annexed to these rules.
Rule - 37.
The amount of the tax shall, unless the ["State
Government"][34] otherwise
directs, be paid to the credit of the Government of Assam in quarterly
instalments, namely, on or before the 30th June, September, 31st December and
31st March. The amount of each instalment shall include the amount of the tax
due up to the day preceding the date of payment of the instalment, and intimation
of payment shall be given to the prescribed officer, together with a statement
showing the amount of the tax paid in respect of each days racing as shown in
the return referred to in Rule 36. Where the accounts of a totalisator are
subject to audit, the stewards shall also place before the auditors copies of
the returns furnished to the prescribed officer under Rule 36 and the auditor
shall be required to certify that the returns so furnished provide a correct
and complete statement of the monies paid into totalisators and of the tax due
thereon.
Rule - 38.
For the purpose of these rules the prescribed officer in
respect of the totalisator tax, shall be the ["Commissioner of Taxes, or
any other officer or officers authorised by him."][35]
CHAPTER V BETTING TAX RULES ON ARROW SHOOTING
Chapter V was inserted vide Notification No. FTX.
156/66/27 pursuant to levy of tax on Arrow shooting by Assam Act No. XVI of
1969 by inserted sub-section (3) to (5) in Section 18 of the Act. the said
sub-sections were deleted by Assam Games & Betting Act, 1970 (Assam Act,
XVIII of 1970). Chapter V has thus become redundant and hence not printed
herewith.
Note- Deleted sub-section (3), (4) and (5) see footnote
bellow the Section 18.
[1]
Deleted Rule "1(b)", and Rule "1 (a)" re-numbered as Rule
1, vide Notification No. BB. 95/45/ 16, dated the 26th February, 1947.
[2]
Substituted sub-rule (2) of Rule 2, vide Notification No. FMT. 8/49/11, dated
the 25th November, 1949.
[3]
Inserted sub-rule (3) in Rule 2, vide Notification No. FMT. 8/49/11, dated 25th
November, 1949.
[4]
Inserted vide Notification No. FMT. 18/49/41, dated the 2nd August, 1950.
[5]
Substituted sub-rule "(2)" of Rules 4, vide Notification No. FTX.
88/56/169, dated the 2nd June, 1961.
[6]
Inserted sub-rule "(3)" in Rule 4, vide Notification No. FTX.
88/56/169, dated the 2nd June, 1961.
[7]
Substituted sub-rule "(4)" of Rule 7, vide Notification No. FMT.
8/49/11, dated the 25th November, 1949.
[8]
Inserted sub-rule "(5)", in Rules 7, by Ibid.
[9]
Inserted as new Rules "8A" vide Notification No. FTX. 88/56/169,
dated the 2nd June, 1961 and sub-rule "(1)" and "(2)" of
Rules "8A" substituted vide Notification No. FTX. 98/66/22, dated the
30th January, 1967.
[10]
Deleted sub-rule "(3)" of Rules, 8A, by Ibid.
[11]
Substituted for the word and figure "Form XIX" by the word and figure
"Form XIXA" in Rule 9A, vide Notification No. FTX. 93/99/53, dated
the 4th December, 2004 (w.e.f. 30-12-2004) [Published in the Assam Gazette
Extraordinary, dated 30th December, 2004.
[12]
Substituted for the words and figure "Section 3B" by the words and
figure "Section 3C" in Rule "9B" vide Notification No.
93/99/53, dated the 4th December, 2004 (w.e.f. 30-12-2004)
[13]
Substituted for the words and figure "Section 3B" by the words and
figure "Section 3C" in Rule "9B" vide Notification No.
93/99/53, dated the 4th December, 2004 (w.e.f. 30-12-2004)
[14]
Inserted as new Rules "9A", "9B" and "9C" vide
Notification No. FTX. 93/99/19, dated the 16th December, 1999 (with effect from
18-12-1999) [Published in the Assam Gazette Extraordinary, dated 18th December,
1999.]
[15]
Substituted for the words, figure and bracket "as per third proviso to
sub-rule (1) of Rule 3" vide Notification No. FTX. 93/99/53, dated the 4th
December, 2004 (w.e.f. 30-12-2004).
[16]
Inserted as new Rules "10A" vide Notification No. FIX 93/99/19, dated
the 16th December, 1999 (with effect from: 18-12-1999) [Published in the Assam
Gazette Extraordinary, dated 18th December, 1999.]
[17]
Substituted wide Notification No. FMT. 18/49/41, dated the 2nd August; 1950
[18]
Inserted as new Rule "12A" vide Notification No. 8/49/11, dated the
25th November, 1949.
[19]
Substituted vide Notification No. 152/48/3, dated the 14th February, 1949.
[20]
Inserted as new sub-rule "(5)" in Rule 14 vide Notification No. FMT.
18/49/41, dated the 2nd August, 1950.
[21]
Inserted as new sub-rule "(6)" in Rule 14 vide Notification No. FTX. 140/88/168,
dated the 14th November, 1994 (with effect from 17-5-1995) [Published in the
Assam Gazette, Part HA, dated 17th May, 1995.] pp-285-290.]
[22]
Substituted for the words "clause (c) of sub-rule (1) of Rule 3" in
the proviso in sub-rule (6) of Rule 14 vide Notification No. FTX. 93/99/53;
dated the 4th December, 2004.
[23]
Inserted as new Sub-rule "(7)" in Rule 14 vide Notification No. FTX.
93/99/53, dated the 4th December, 2004 (with effect from 30-12-2004) [Published
in the Assam Gazette Extraordinary, dated 30th December, 2004]pp-1784-1785.
[24]
Substituted for the words "ten days" by the words "thirty
days" in Rule 20 vide Notification No. FIX 316/70/27, dated the 10th
October, 1973 [Published in the Assam Gazette, Part IIA, dated 24th October,
1973]
[25]
Inserted the "proviso" to Rule 20 by Ibid.
[26]
Substituted clause "(bf of Rule 21 vide Notification No. BB. 152/48/38,
dated the 14 th February, 1949.
[27]
Substituted by Ibid.
[28]
Substituted by Ibid.
[29]
Inserted the Second "proviso" in clause (c) of Rule 23 vide
Notification No. FMT. 18/49/39, dated the 15th July, 1950.
[30]
Substituted in Rule 24, vide Notification No. BB. 152/48/38, dated the 14th
February, 1949.
[31]
Substituted in Rule 24, vide Notification No. BB. 152/48/38, dated the 14th
February, 1949.
[32]
Inserted as new Rule "25A' and "25B" vide Notification No. FTX.
101/77/54, dated the 14th May, 1979.
[33]
Substituted "CHAPTER III" vide Notification No. 155/66/27, dated the
16th August, 1969. Published in the Assam Gazette Extraordinary, dated 19th
August, 1969 (w.e.f. 19-8-1969).
[34]
Substituted for the words "Provincial Government" by the "State
Government" by the A.O. 1950.
[35]
Substituted vide Notification No. BB. 152/48/38, dated the 14th February,
1949.