The west bengal gambling and prize competitions act, 1957

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.
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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, Extra-
ofclhiariJ, 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. Jlottery 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 orwith 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 tpthe rank of Sub-Inspector, authorised by the State (jovern-
meiit in this behalf by general or special order in writing, po^cetoto 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 useitfor 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 taking-
into custody to the court of the magistrate.
Finding
cftTfls, etc.,
in RUspoc-
ted 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 tothe 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, tohe 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 one-
fourth 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^rjto 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 arepermitted to have access;
or any person there present, aiding and abetting suchpublic fighting of birds and animals.
Sucli ])ers(ui, when arrested, shall be produced before thenearest magistrate within a period of twenty-four hours oisnci-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 instriimeutsforthwith destroyed and such birds aud animals to '6and 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 loaiding or facilitating gaming;
and any police officer may enter and seaixh anyfor 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 hebefore the iieare.st magistrnte within a period ot twcu y-hours 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 withboth.
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 Sub-
divisional 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 placewhere 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 thathe shall not be punishable in any case with fine exceedingone 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 ActSf 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 Competitions.—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 prizestion (whether in cash or otherwise) to be offered in any monthwhere 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 personof 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 otlier-the prize wise) to be offered in any month does not exceed one thousandoffered rupees unless he has obtained in this behalf a licence graiiteddoes not accordance with the provisions of this chajiter and the
SZtT tliereuucler.rupees a
month.
Licezu^ 23. (1) Every person desiring to obtain a licenceforpriro 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 chaptertions to and the rules made thereunder shall keep accounts relating
acco ts competition and submit to the licensing authority aand°™bmit of accounts in such form and at such intervals asthe same to ^0 prescribed,
the licen-
sing
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 thefollowing 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 Cnmpeii-
tiona.—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 orconduo-or section 22, he shall on conviction be punishable with ting any
imprisonment for a term which may extend to three months, prizeor 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 termwhich 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 prizeany 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 anjInspectlo 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 inspecialu' 1111 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 iiews-
any prize competition promoted oi' conducted in contcaven-
tion 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.
Jurisdic-
tion 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 snspenii-
ing 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 final.
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 inmake 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'eueralityof the foregoing power, such rules may provide for all or anyof 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;
•sh) 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
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