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The West Bengal Gambling And Prize Competitions Act, 1957

State Act of West Bengal · Act 32 of 195729,309 characters of text

The enactment

TypeAct
CitationAct 32 of 1957
Year1957
JurisdictionState of West Bengal
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Government of West Bengal Law Department Legislative i • t West Bengal Act XXXII of 1957 The West Bengal Gambling and Prize Competitions Act, 1957 Supermtendetit, Government Printing West Bengal Government Press, Alipore, West Bengal 1958 •Price—Indian, 19 nP.; English, 4d.

i^-' ■ ■ A'?:

L< ̂ " - "- ■ •• ■ . • ■ , ^ '|r .» A'^ "" »*' . V • «'.wl' V a. ,t«'" \ '"..li'lf* \ .'a> V -rs.

West Bengal Act XXXII of 1957 THE WEST BENGAL GAMBLING AND PRIZE COMPETITIONS ACT, 1957.

hy the llV.s-f Bengal J^egislatutc.

: ->y f Assent or f>l\© Governor was til'sfc pablished in the Calc-ntla Gazette, ExtraofclhiariJ, of the 12th March, IDGS.j . f [iSth March, 19d8.J An Met to consoiidate and ame^id the late relating to the prevention of ganthldng and to provide for the control and rcgnlatlon of p- rize competitions.

it is expedient to consolidate and amend the law relating' to the prevention, o£ gambling and to provide for the control and regulation of prize competitions;

it is lieroby enacted in the 'Eighth Year of the llepublic of In<li:i. In' tlie Legislature of "West Bengal, as follows:—^ CHAi'TEB [ Preliminary X 1, (i) This Act may be called the \Te.st Bengal (Jumbling and Prize Competi [ions Act, 1957.

{2) it exten-ds to the wliole of "\'\'est Bengal.

- {3) This section shall come into force at once and the remaining provisions of this Act, in whole or in part, shall coiue into force in such areas and on such dates as the State Government may, by notification in the Official Gazette.

appoint and for this purpose difierent dates may be appointed for dilferent provisions of this Act and for difierent areas.

Shorfc title, extent and commence ment.

CHAPTER II Prevention of Gambling

2. \1) In this chapier unless the context otherwise Definitu requires : —

(a) ''conmion gaming house" means any house, room, tent, walled enclosure, space, vehicle, vessel or any place whatsoever, in which any instrument of gaming is kept or used for the profit or gain of the ])erson owning, occupying', using or keeping such house, room, tent, enclosure, space, vehicle, vessel or place, whether by way of charge for the use of such house, room, tent, enclosure, space, vehicle, vessel, place or instrument or otherwise howsoever;

> •.

1v \ ..

, < » ..4i the n {'^'i IJciigdl (xauihlint/ .and Pnze Cdinp^iitions ■ Act, r.f:-)!.

[West Ben. Act il'}tai)icr II.—i'reccntiuh of Gtiwhllnij.—Section. 3.)

\(j) "giUiung or grtinbliug" includes wagering' or "betti.ug, exce])t wagering or betting ui^on a horse race, wlien sui'li wagering' or betting takes place— (/') 111 tlie day on wlilch the race is to be run, (//) ill an .enclosure which the Stewards controlling sucli rai-c have, with the permission of the State (joverinuent, set apart for the purpose, and {ill) with a licensed hook-iuaker or by means of a totalisator as defined in section 14 of the Bengal Aimise- Ben. Act luents Tax Act, 1922, but does not include a V of 1922. J lottery or games of cards like Bridg-e, Poker, Thnninoy or Nap;

ic) "iustruiucnt of gaining" includes any article used or intended to lie used as a moans or appurtenance of, or for the purpose of carrying on or facilitating' gaming;

(f/) ''magistrate" means a Presidency Magistrate or a Magistrate of the Pirst Class;

(c) "money" includes 'a cheque or any other negotiable instniincut, a postal order or a money order;

//) "police officer" means any member of the Police force and includes the Commissioner of Police, Calcutta;

(y) "[U'e^ci-ihed" means prescribed by rules innclo under tliis cliaptcr;

(/?) "printing" includes writing or other modes ot representing or reprodiicing words, letters or figures in a visible form.

\

(2) I'or tlie purpose (.>f this chapter all searches made under the ])rovisions of this chapter shall he conducted in accordance with the provisions of the Code of Criminal Act V Procedure, 1898. 1898.

Penalty for owning or keeping or having oitarge of oomrnon gaming house.

3i "Wliuevcr, being the owner or occupier or having the use of any house, room, tent, walled enclosure, space, vehicle, vessel or any place whatsoever, opens, keeps, or uses the same as a common gaming house;

and whoever, being the owner or occupier of any such house, room, tent, walled enclosure, space, vehicle, vessel or place as aforesaid, knowingly or wilfully permits the same to be opened, occupied, used or kept by any other person as a common gaming house;

The TVrs/: Bengal Baiiihling and Prize Competitions 3 Act, 1057.

XXXII of 1957.]

{Chapter 11.—Prevention of Gambling.—^Sections 4, 5.)

and whoeyer lias the care or maTiagement of, or in any manner assists in conducting the business of any house, room, tent, walled enclosure, sjiace, vehicle, vessel or place as aforesaid opened, occupied, used or kept for the purpose aforesaid:

and whoever advances or furnishes money for the purpose of gaming' with jiersoiis frequenting such house, room, tent, walled enclosure, space, vehicle, vessel or place as aforesaid;

shall be punishable on conviction, with fine not exceed ing five hundred rupees or with imprisonment for a term not .

exceeding three months or with both.

4« Whoever is found in any house, room, tent, walled Penalty for enclosure, space, vehicle, vessel or any place referred to in section 3 plajdng or gaming with cards, dice, counters, common money or other instruments of gaming, or is found there gaming present for the purpose of gaming, whether playing for any house, money, wager, stake or otherwise, shall be punishable, on conviction, with fine not exceeding two huudred rupees or with imprisonment for a term not exceeding one month or with both;

and any person found in any common gaming house during any gaming or playing therein shall be presumed, until the contrary be i^roved, to have been there for the purposes of gaming.

5. (7) It shall be lawful for any police officer not below Power tp the rank of Sub-Inspector, authorised by the State (jovernmeiit in this behalf by general or special order in writing, po^ceto to enter, if necessary, by force, with such assistance as he enter and considerH necessary, by night or by day, any house, room, searoh, tent, walled encdosure, sjiace, vehicle, vess(d or place referred to ill section 4, which be lias reason to suspect, is being used as a f!ominou gaming liouse, and may take iuto custody all persons whom he finds thereiu, whether or not such persons may lie then actually g-aming;

and may seize all instruments of gaming, anrl nli money.s and securitie.s for money, and articles of valui , reasonably suspe{d,ed to have been used or intended to be useit for the purpose of gaming, which are found thereiu;

and may search all parts of the house, room, tent, walled enclosure, space, vehicle, vessel or place which he shall have so entered, when he has reason to believe that any iustrimients of g-nming' are concealed therein, and also the persons of those, whom he so takes into custody;

and may seize and take possession of all instruments of gaming found upon such search.

4 The West Bengal Qambling and Prize Com'petitions Act,

1957.

[West Ben. Act (Chapter II.—Prevention of Gambling.—Sections G—H.)

{2) All persons taken into custody under sub-section {I) sbrdl be produced beiore the nearesl uiagistraio within a period of twenty-four hours of taking- into custody excluding:

the time necessary for the journey from the place of takinginto custody to the court of the magistrate.

Finding cftTfls, etc., in RUspocted hou-ses to be evidence that they are common gaming house.

Penalty for giving fal.Re name and addroRR.

6i When any cards, dice, gajiiing-table, cloth, boards or other instruments of gaming arc found in any house, room, tent, walled enclosure, .space, vehicle, vessel or any place whatsoever, entered or searched under section 5 or about the person of any of those who are found therein, it shall be evidence, until the contrary be proved, that such house, room, tent, walled enclosure, space, vehicle, vessel or place is used as ar common gaming house and that the persons found therein were present there°for the purpose of gaming, although no gaming or playing was actually seen by tbe police officers.

If any person found in any coinraon gaming house entered by any police officer under section 5 upon being arrested by such police oflicer or upon being brought before any magistrate, refuses or neglects to give his name and address or gives any false name or address on being so required by any such magistrate or police officer, he shall, on conviction, be liable to imprisonment for a term not exceeding one month or to line not exceeding five hundred rupees or with both, together with such costs as to the convicting' magistrate may appear reasonable, and in default of payment of fine, if any, also to imprisonment for a term not exceeding one month.

Destruc tion of inBtnunenta , of gaming and pay ment of reward to informers.

8. On conviction of any person for keeping or using ajiy common gaming lioiise, or being present therein for the purpose of gaming, the convicting magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money, and other articles seized, not being instruments of gaming, to he sold and converted into money, and the proceeds thereof with all moneys seized therein to he forfeited ; or in his discretion, may order any part thereof to be returned to the per.sons appearing to have been .severally thereunto entitled;

he may also order that a portion not exceeding onefourth of any fine levied under section ^ or section 4 or any jjortion of the moneys or ])roceeds of articles seized and ordered to he forfeited under this section, shall be paid as reward to any person, w])ose information and assistance liad contributed to the detection of the ofience and seizure of the inouevs and articles aforesaid.

The ITev/ ]Jen(j(il Gambling and Priza Comitetitions Act, PJ67.

XXXII of 1957.]

{CliwptGT 11.—Prevention of Gambling.—Sections 9—11.)

9« It shall not be necessary, in order to convict any Proof of person of keeping- a common gaming- house, or of being concerned in the management of any common gaming house, nece^rj to i^rove tliat any person found playing therein at any game was playing for any money, wager or stake.

10. A ])olice officer may arrest without warrant any person found gaming in any public market, fair, street or thorouglifarc or any place to which the public have or are ]>eriuitted to have access, or any person, setting, for the purpose of gaming, any birds or animals to fight in any- public market, fair, street or thoroughfare or in any place to which the public have or are permitted to have access;

or any person there present, aiding and abetting such public fighting of birds and animals.

Sucli ])ers(ui, when arrested, shall be produced before the nearest magistrate within a period of twenty-four hours oi snci-i arrest excluding the time ue(;essary for the .lourney from the place of arrest to the court of the magistrate an" ni.iou conviction shall he puuivshable with fine not exceeding two hundred rupees or with imprisonment for a term imt exceeding one month or with both, Gaming and sotting birds and animals to Bgbt in public streets.

and .sucli police officer may seize all birds and anima ̂ . ii^stnimeuts of ganiiug foaud in such public marxe ,fair, street or tboroughfave or place or on the person o those whom be shall so arrest, and the magistrate , convit Uon of the olfemler, ^order such instriimeuts forthwith destroyed and such birds aud animals to '6 and tlio proceeds thereof to be forfeited.

11" A police officer may arrest without warrant any ])ersoii win.) prints, publishes, sells, distributes or m manner circulates any newspaper, news-sheet c document or any news or information witJi the luten lo aiding or facilitating gaming;

and any police officer may enter and seaixh any for the purpose of seizing, and may seize all things " ably suspected to be used or to be intended to be used tor purpose aforesaid.iXlUX tJCStllkl • All persons taken, in. c.ustocly as aforesaid shall he before the iieare.st magistrnte within a period ot twcu yhours of such ariest excluding- the time newissary or journey from tlie place of arrest to the court oi tie magistrate.magisiraie.

Power of police - officer to outer ond orresb persons, who print, publish, etc., matters relating to gaming.

Each of all siudi persona shall he punishable, on convic tion, with fine not exceeding two hundred rupees or with impiisonment for a term not exceeding one mouth or with both.

The 1^654 Bengal GanrMing and Prize Gonvpetitione Act,

1957.

[West Ben. Act ' (Chapter II.—Prevention of GamhUng.—Sections 12—10.)

Exemption 12i Nothing in this chapter shall apply to any gnine o£ of game mere skill wherever played:

of skill.

Provided that when such game is played in a public market, fair, carnival or street or in any place where the public may have access, a permit froiri the Commissioner of Police, in Calcutta or the District Magistrate or the Subdivisional Magisteate elsewhere, shall be obtained first, by the organiser thereof, on payment of sucli fee us may be prescribed.

Any person contravening the provisions of this section shall be punishable, on conviction with fine not exceeding i one hundred rupees or with imprisonment for a term not exceeding one mouth or with both.

\ k Indemnity of wit nesses.

13i Any person who shall have been concerned in gaming leading to, and who shall be examined as a witness before a magistrate iu respect of, the trial of any person for a breacli of any of the provisions o'f this chapter and who upon such examination shall make true and faithful discovery to the best of his knowlerlge of all things as to which he shall be so examined, and who shall thereupon receive from the said magistrate a certificate in writiiig to that cJIect, shall be freed from all prosecutions under the jjro'visions of this chapter for auytliiug- done before that time iu respect of such gaininff.

Offences punishable under this chapter shall be , triable triable by any magistrate having jurisdiction in the place where the ofieucc is committed.

But such magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure as Act v of to the amount of fine or imprisonment he may inflict. 1898.

^^oever, having been convicted of an offence offence."^^ punishable under this chapter, shall be guilty of any suchOTien(ie, shall be subject, for every such snbsequent oSence, ^^"^uible the amount of punishment with which he would otherwise have been punishable for the same; provirlecl that he shall not be punishable in any case with fine exceeding one thousand rupees or with imprisonment for a term exceeding one year or with both.

I'rotectioa of action taken under this phsptej',

16. _ No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything which is in good faith done or intended to be done under this chapter, U Act £ 1867^ u Act Sf i866.

1 of

7.

Tlie Went Bengal Gambling and Brize Competitions 7 Act, HJ57.

XXXII oM 957.]

{(JJta-ptei' II.—Br&V67itioii of Gambling.—Sections 17, Ig.

—Chapter III.—Control and Regulation of Prize Cum- ■petitions.—Sections 19, 20.)

17. (7) The State Govemment may, Toy notification in Power to the Official Gazette and after previous publication, make makerules rules for carrying- out the purposes of this chapter. p^^rpoLs (/-) lu particular and without prejudice to the generality of this of the foregoing power such rules may provide for any matter ^l^apter.

which is to be or may be prescribed under this chapter.

18. The following enactments are hereby repealed:— Repeal,

(a) The Bengal Public Gambling Act, 1867;

{h) The definitions of "gaming", "instruments of gaming" and "common gaming house" in section 3, and sections 44, 45, 46, 47, 48, 49, 50, 50A and 51 of the Calcutta Police Act, 1866;

(c) Sections 10, 11, 12, 13, 14, 15, 15A and 59 of the - Howrab Offences Act, 185T.

CHAPTER III Control and Regulation of Prize Competitions

19. In this chapter, unless the context other-wise Definitions, requires,—

(a) "licensing- authority" means any officer or authority appointed by the State Government, by notifica tion in the Official Gazette, for the purpose of granting licences under thivs chapter;

(b) "money" includes a cheque or any other ne^tiable instrument, postal order or money order;

(c) "prescribed" means prescribed by rules made under this chapter;

(d) "prize competition" means any competition (whether called a cross-word prize competition, a inissmg'- word prize competition, a picture prize competi tion Or by any other name whatsoever, whether of a similar nature or not) in which prizes are offered for the solution of any puzzle hased upon the building up, arrangement, combination or permu tation, of letters, words or figures.

20. For the purposes of this chapter,—

(a) references to printing shall be construed as including references to writing and other modes of repre senting or reproducing letters, words or figures in a visible form; and

(h) documents or other matters shall be deemed to be distributed if they are distributed to persons or places within or outside the area or areas in which this chapter is in force and the word "distribution" shall be construed accordingly.

Interpre tation.

•F r Tile \Ve8t Bengal Gainbling and Prize Gompetitiona Act,

1957. / [West Ben. Act r^-^ {Chapter III.—Control and Reyulation of Prize Competi tions.—Sections 21—25.)

Prohibition 21i No person sliall promote or conduct any prize cora^^i- competition in which the total value of the prize or prizes tion (whether in cash or otherwise) to be offered in any month where the exceeds one thousand rupees or in which the number of , entries exceeds two thousand, ottered exceeds one thousand rupees a month.

LiceMing 22, Subject to the provisions of section 21, no person of prize shall promote or conduct any prize competition in which the t^^where i^tal value of the prize or prizes (whether in cash or otlierthe prize wise) to be offered in any month does not exceed one thousand offered rupees unless he has obtained in this behalf a licence graiited does not accordance with the provisions of this chajiter and the SZtT tliereuucler.

rupees a month.

Licezu^ 23. (1) Every person desiring to obtain a licence forpriro referred to in section 22 shall make an application in writing licensing authority in such form and manner as may be prescribed.

(2) On the receipt of such application, the licensing authority, after making such inquiry as it considers neces sary, shall, ])y order in writing, eitiier grant tiie licence applied for or refuse to grant the licence.

(3) Where the licensing authority refuses to grant a lit^ence it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant.

{4} The fees on payment of which, the period for which, the conditions subject to which, and the form in which, a licence may be granted sball be sucb as may bo prescribed.

24. Every person who promotes or conducts a prize eompeti. competition in accordance with the provisions of this chapter tions to and the rules made thereunder shall keep accounts relating acco ts competition and submit to the licensing authority a and°™bmit of accounts in such form and at such intervals as the same to ^0 prescribed, the licensing authority.

Puerto 25. (1) The Uoenaing authority may, after giving the suspend^ iiolder of any licence a reasonable opportunity of being heard, Jioencea. cancel or suspend the licence on any one or more of the following grounds, namely: —

(a) that there has been a breach of any of the conditions subject to which the licence was granted;

I' ke II cst Ben<jal G-amhling find Prize Coiwpetitions Act, 1907.

XXXII of 1957.]

{Chapter III.—Control and BeQulaiion of Prize Cnmpeiitiona.—Sections 26—28.)

(6) tliat the holder oE the licence has contravened any of the provisions of section 24.

(2) Whenever a licence is cancelled or suspended the licensing- authority shall record a hrief statement of the reasons for such cancellation or suspension and furnish a copy thereof to the person whose licence has been cancelled or suspended.

26, If any person promotes or conducts any prize competition iu contravention of the provisions of section 21 orconduoor section 22, he shall on conviction be punishable with ting any imprisonment for a term which may extend to three months, prize or with fine which may extend to one thousand rupees, or with both.

contraven tion of the provisions of sections 21 and 22.

27, If any person liable under section ^ to keep accounts or to submit statements of accounts fails to keep ^eepand ac(;ounts or to .submit statements of accounts as required by submit that section or keeps accounts or submits statements of accounts, accounts which are false and which he either knows or believes to be false or does not believe to be true, he shall, on ^^^."^iction be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, hut nothiag contained in this section sliall affect the provisions containe ^ m section 25.

28, If any person with a view to the promotion or c'ouduct of any prize competition except in accordance witn offenceain the provisions of a licence under this chapter or in contravem connection tion of the provisions of this chapter or in connection with with prize any prize competition promoted or conducted except in accordance with such provisions—

(a) prints or xiuhlishes any ticket, coupon, or other document for use in the prize competition; or

(b) sells or distributes or offers or advertises for sale or distribution, or has in bis possession for the purpose of sale or distribution any ticket, coiipon or other document for use in the prize competition;

or

(c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution,

(i) any advertisement of the prize competition, or («) any list (whether complete or not) of prize winners in the prize competition, or lO The tFe-fi Bengal Gambling and' Act, 1957.

Prize Com.petiiions Offences by Corpora tions.

[West Ben. Act (Chapter III.—Control and Regulation of Prize Competitions.— Section 29.)

{iii) auy such matter descriptive of, or otherwise relating to, the prize competition as is calculated to act as an inducement to persons to participate in that prize competition or any other prize competition; oi' {d) brings, or invites any person to send, into the area or areas in which this chapter is in force, for the purpose of sale or distribution, any ticket, coupon or other document for use in, or any advertise ment of, the prize competition; or

(e) sends, or attempts to send, out of the area or areas in which this chapter is in force, any money or valuable thing received in respect of the sale or distribution of any ticket, coupon or other document for use in the prize competition; or (/) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the prize competition; or

(q) causes or procures or attempts to procure any person to do any of the abovementioned acts, he shall on conviction be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

29. {!) If any person guilty of any offence under this chapter is a company, ever^' person who, at the time the offence was committed was in charge of, and was responsible to the company, as well as the company, shall be deemed to be guilty of that ofience and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in tliis chapter if he proves that the oflhnce was committed without Ids knowledge or that he exercised all due diligence to prevent the commission of such offence.

'{2) Notwithstanding anything contained in sub-section (-7), where an offence under this chapter has been committed with tlie consent or connivance of or is attributable to gross neglect on theipart of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and pnnisived -accordingly.

E.Tplnnatinn.—For the purposes of this section,— {a) "company" means a body corporate and includes a firm or other association of individuals; and '• ' ' t %• 4^ The \Vest Beu'jal GahMiivj^and Prize ComptlUioius Act, IT '

1957. . ^ XXXll of 1957.]

I yi haplcr 111.—(Control and llegnlation of Prize Compeii- (ioiis.—Scdioiis 30—'3'!.)

{!>) "ilirL'ctoi' ' in relation to a firm means a partner in the frrjii.

30, 'I'hc lieonsiuo' authority may— Power of ('/) re(iuiic any i)er>on promoting or eoutluctiug a prize licensing (•oni[)uiition to produee before it the accouuts and oilier <loeiiments kept by such persou or to furnish anjInspect lo it such other information relating to the prize accounts eoiui)etition as it iiiay reiiuire; ,and docu.

{!>) inapoct at all reasonable times the accounts and other (iocuineiits kept by such person.

nionts.

31. (7) It shall be lawful for any police officer not Powerof bolow the rank of Sub-Inspector authorised by the State entry and (jii\crinn<uit in this behalf hv general or special order inspecial u' 1 1 1 1 ng.—

(rt) to enter, if necessary by tovc^e, whether by day or by night, with sucii assistance as he considers necessary, any premises which he has reason to suspect are being used for purposes connected with the ]U'omotion or conduct of any prize competition in e-ontraveiition of the provisions of this chapter:

< b) to search the preun.ses,.and the persons wJiom he may _ hrid therein;

(c) \r> take into custody and produce before a magistrate all imvsoiis who are concerned, or against whom a reasonable complaint has been made or credible iufonnation has been received or a reasonable susiDicion exists of their liaving been concerned u'itli the user of such premises for purposes con nected with, or with the promotion or conduct of any prize competition in contravention of the provisions of this chapter; and (<7) to seize all things found therein which are inlended to be used or reasonably suspected to have been used in connection with such prize competition.

(2) All searches under this section shall be made in accordance with the provisions of the Code of Crimiiml Procedure, 1898.

32. Wliere any newspaper or other publication contains Forfeiture aiyy matter referred to in clause (c) of section 28 relating t(» ot iiewsany prize competition promoted oi' conducted in contcavention of tlie provisions of this chapter or except in accoraance witli tlie provisions of a licence under this chapter the >State nontaiumg Government may, by notification in the Official Gazette, prize declare every copy of such newspaper or other publication ;to competi-^ be forfeited. tions.

^ -- .

1 ■ • • •• ■ - •• - , If'.- ' - - . ' . 12 The. Weet Bengal GmrMiv/i and Prizes Ooriipetitions~:A.ct, i V ■ ' " - 1957.

Appeals.

Licenaiag authority and other officers to be public servants.

Jurisdiction to try offences.

[West Ben. Act XXXII of 1957.]

{Chapter JIL- 'ContTol and Regulation of tion.^. —Sections 33 — 37.)

Prize Coriipeti-

33. Any person aggrieved by tiie decision of the licensing authority refusing to grant a licence or cancelling' or snspeniiing a licence luay, within such, time as .may be pres<n'ibeil.

prefer an appeal to the State Government and the decision of the Stale Ijoveninienl on such appeal shall be fi nal.

34. The licensing aulhority smd any other officer acting under this chapter shall be deemeil to be i>ubUo .servants within the meaning of section 21 of the Indian Penal Code.

35. No court, inferior to that of'a Presidency Magistrate or a magistrate of the first class shall try any oitencG under this chapter.

A.m of 1 .Proteefcion of action taken under thig chapter.

36. No suit, prosecution or other legal proceeding shall lie against the licensing authority or any othei' officer of the Government for anything which is in good faith done or intended to he dune under this chapter oi- ihe nilc.s made thereunder. ' Power to 37. (1) Tile vState Government may, by uotiHcaiion in make rules, the Official Cazettc, and after previous nrake rules for carrying out the purposes of this chapter.

(5) In particular, and without prejudice to the g'euerality of the foregoing power, such rules may provide for all or any of the following luattcrs, namely; — {a) the forni and manner of application for a licence under this (duqiter and the fees, if any, for such licence;

•s h) the period for which, the conditions subject to whicli and the form in wliicli, a licence may be granted under this chapter;

(/••) the form, in which and the intervals at which state ments of accounts referred to in section 24 shall be submitted to the licensing authority;

{d) the time within which an appeal against a decision of the licensing authority- under this chapter may he preferred to the State Government;

te) any other matter which is to be or may be prescribed under this chapter.

WBGP.58/y-513A-5M "f y' r, ■ w »> - - * k. » / • . . --V- » . IA I I.*

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