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State of Punjab - Act

Prize Competitions Punjab Rules, 1957

PUNJAB
India

Prize Competitions Punjab Rules, 1957

Rule PRIZE-COMPETITIONS-PUNJAB-RULES-1957 of 1957

Published on 12 June 1957
Commenced on 12 June 1957
[This is the version of this document from 12 June 1957.]
[Note: The original publication document is not available and this content could not be verified.]

Prize Competitions Punjab Rules, 1957Published vide Notification No. 3121-E and T-57/2104, dated 12.6.1957Revenue Department(Excise and Taxation)No. 3121-E and T-57/2104. - Whereas, under clause (1) of Article 252 of the Constitution of India both Houses of the Legislature of the State of Punjab as it existed before the 1st November, 1956, passed resolution on the 11th April, 1956, and the 12th April, 1956, respectively to the effect that the Prize Competitions Act, 1955, be adopted by the said State of Punjab;And, whereas in consequence of such adoption the Act came into force in the said State of Punjab;Now, therefore, the following draft of rules which the Governor of Punjab proposes to make in exercise of the powers conferred upon him by Section 20 of the Prize Competitions Act, 1955, is hereby published for the information of the persons likely to be affected thereby and notice is hereby given that the draft will be taken into consideration on or after thirty days from the date of publication of this notification in the official Gazette together with any objection or suggestion which may be received by the Excise and Taxation Commissioner, Patiala, from any person with respect to the draft before the expiry of the period so specified.

1. Short title.

- These rules may be called the Prize Competitions Punjab Rules, 1957.

2. Definitions.

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

(a)"the Act" means the Prize Competitions Act, 1955 (42 of 1955).

(b)"Form" means a form appended to these rules.

(c)"Licence" means a licence granted under section 6 of the Act.

3. Form and manner of application for licence.

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

4. Form and particulars of licence.

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

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

5. Period of validity of licence and its renewal.

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

6. Fees for grant and renewal of licence.

(1)The fee for every licence shall be -

(a)Rs. 25/- where an entry fee is charged in respect of a prize competition; and

(b)Rs. 10/- where no such entry fee is charged.

(2)Such fee shall be paid by the applicant into a Government treasury or sub-treasury or the State Bank of India on Government account or paid in cash or seat by money order to the licensing authority.

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

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

7. Limitation for appeals.

- Every appeal to the State Government under Section 16 of the Act shall be preferred within a period of thirty days from the date on which a copy of the brief statement of the reasons for the refusal to grant or cancellation or suspension of a licence be furnished to the applicant or licensee as the case may be.

8. Bar on transfer of licence.

- No licensee shall sell or otherwise transfer the licence granted to him or enter into any partnership with any person for the purpose of promoting or conducting the prize competition or prize competitions under such licence.

9. Loss of licence.

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

(a)Rs. 10 for a licence where an entry fee is levied in the prize competition; and

(b)Rs. 5 for a licence where no entry fee is levied.

10. Production of licence on demand.

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

11. Entry fee.

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

(2)The maximum amount of an entry fee shall not exceed Re 1 where the total value of the prize or prizes to be offered exceeds rupees five hundred but does not exceed rupees one thousand and in all other cases the maximum amount of an entry fee shall be at the following rates namely :-

(a)Rupee 0-8-0 where the total value of the prize or prizes to be offered exceeds rupees two hundred and fifty but does not exceed rupees five hundred, and

(b)Rupee 0-4-0 where the total value of prize or prizes to be offered does not exceeds rupees two hundred and fifty.

12. Maintenance of Register.

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

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

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

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

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

13. Keeping books of accounts.

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

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

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

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

14. Furnishing statement of accounts.

- Every licensee shall, within 15 days of the close of each month, submit to the licensing authority return in Form E of the total sum received and the total expenditure incurred by such licensee during the month.

15. Production of register and cash book for inspection.

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

16. Committee to scrutinise prize competitions.

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

(2)The Committee shall consist of a chairman who shall be the licensing authority or any officer of the State Government nominated by the licensing authority and not more than five other members of whom the licensee shall be one and the rest shall be non-officials of standing in the local area concerned, to be appointed by the licensing authority.Form A(See rule 3)Application for the Grant or Renewal of a licence under The Prize Competitions Act, 1955 (42 of 1955)The replies to be written in this column.

1. Full name and address of the applicant.

2. Place of business.

*3. Particulars of the prize competition (or competitions)for which licence/renewal of licence is applied for, includingthe entry fee (if any) to be charged, the value of the prize orprizes to be offered and how the entries will be scrutinised andthe prize winning competitions selected.

4. Whether the applicant had applied for a licence beforehand, if so, with what result.

5. Any further particulars which the applicant may like tofurnish.

Signature of the applicant.Date of application.*Explanation. - The applicant shall furnish with the application a specimen entry from and any other literature proposed to be issued in connection with the prize competition.Form B(See rule 4)Licence for the promotion and conduct of a Prize Competition (or Competitions) under sub-section (2) of section 6 of the Prize Competitions Act, 1955 (42 of 1955)Licence No.Name of LicenseeAddressSituation and place of businessTown or village (name of street and number of premises in the case of a town)_________________Tehsil _________________District _________________ is hereby granted licence subject to the provisions of the Prize Competitions Act, 1955 (hereinafter called "the Act") and the rules framed thereunder for promotion of the Prize Competition (or competitions) described in the Schedule annexed to this license, for the period from _________________ 19 ___ 10 ___ 19 ___, both days inclusive, subject to the conditions, hereinafter mentioned, namely :-Conditions

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

2. The licensee shall not vary the details of the competition-entrance fee and the prizes stated in respect thereof in the Schedule hereto annexed without the previous permission of the licensing authority.

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

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

5. In any competition -

(i)where an entry fee is charged, such fee shall be paid in money only and not in any other manner;

(ii)the maximum entry fee charged shall not exceed Re. 1 where the total value of the prize or prizes exceeds rupees five hundred but does not exceed rupees one thousand and in all other cases, the maximum entry fee shall be at the following rates; namely :-

(a)Re 0-8-0 where the total value of the prize to be offered exceeds rupees two hundred and fifty but does not exceed rupees five hundred; and

(b)Re 0-4-0 where the total value of the prize or prizes to be offered does not exceed rupees two hundred and fifty.

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

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

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

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

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

Dated, this _________________ day of _________________ 19 .Place_________________Signature of Licensing Authority.Seal of the Licensing Authority.,Designation

Schedule

Form C(See rule 12)Name of the licensee _________________Address at which entries are to be received _________________No. of licence _________________Nature and description of the prize competition _________________Prize or prizes offered for the competition _________________Entry fee _________________

Serial No.	Name and address of competitor	Date of receipt of entry	Whether received by post or by hand	Has the entry fee be received
1	2	3	4	5

Form D(See rule 13)

1. Name and address of the licensee _________________

2. Place of business _________________

3. No. of licence _________________

4. Nature and description of the prize competition _________________

5. Price offered _________________

Receipts	Expenditure
Date	Name of competitor	Serial No. of the entry in the register in Form C	Entry fee received	Date	To whom paid	Purpose	Amount
1	2	3	4	5	6	7	8

Total for the day : . .	Total for the day . .
Progressive total ( from the commencement of thecompetition) :	Progressive total (from the commencement of thecompetition) . .

Form E(See rule 14)

1. Name and address of the licensee _________________

2. Place of business _________________

3. No. of licence _________________

4. Nature and description of the prize competition _________________

5. Prizes offered _________________

Month	Total number of coupons received	Total number of free entry of coupons	Total sum received in respect of such competition	Expenditure	Remarks
1	2	3	4	5	6

I do hereby declare that I have compared the above particulars with my register in Form C and Cash Book in Form D and they are, in so far as I can ascertain, accurate and complete.Dated, this _________________ day of _________________ 19 _____________Place _________________Signature of the licensee.

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