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State of Meghalaya - Act

Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018

MEGHALAYA
India

Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018

Act 12 of 2018

Published on 7 October 2018
Commenced on 7 October 2018
[This is the version of this document from 7 October 2018.]
[Note: The original publication document is not available and this content could not be verified.]

Meghalaya Regulation of the Game of Arrow Shooting and the Sale of Teer Tickets Act, 2018(Meghalaya Act No. 12 of 2018)Last Updated 18th February, 2020Received the assent of the Governor on 7th October, 2018.An Act to regulate the game of arrow shooting and the sale of teer tickets and to provide for matters connected therewith or incidental thereto.Be it enacted by the Legislature of the State of Meghalaya in the Sixty- ninth Year of the Republic of India as follows: -

1. Short title, extent and commencement.

(1)This Act may be called the Meghalaya Regulation of the Game of Arrow shooting and the Sale of Teer Tickets Act, 2018.

(2)It extends to the whole of Meghalaya.

(3)It shall be deemed to have come into force with effect from 1st July, 2017.

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -

(a)"Act" means the Meghalaya Regulation of the Game of Arrow shooting and the Sale of Teer Tickets Act, 2018;

(b)"Arrow Shooting" means the game of arrow shooting using traditional bows and arrows;

(c)"Bet" means the sum paid as stake money on the sale of teer (thoh team) tickets;

(d)"Bookmaker" means any person who carries on business or vocation as a bookmaker in respect of sale of teer (thoh team) tickets on the game of arrow shooting under a licence issued in the manner prescribed by the State Government and includes a permit holder who has been authorized by the Government to conduct sale of teer (thoh team) tickets on special occasion;

(e)"Commissioner" means the Commissioner of Taxes;

(f)"Fee" means the sum of money as may be prescribed for the issuance of the licence, permit and the tickets for use as stake money receipts;

(g)"Licence" means an official document authorizing a person or an organization to organize the game of arrow shooting issued by any officer authorized in this behalf by the State Government and also includes an official document authorizing a person to act as bookmaker and to collect bets on the game of arrow shooting including the sale of teer (thoh team) tickets;

(h)"Organization" means a body or an association of persons licensed to act as organizer;

(i)"Organizer" of Arrow Shooting means a person or organization authorized to organize arrow shooting or the game of teer (thoh team) under a licence or permit issued in the manner prescribed by any officer authorized in this behalf by the State Government;

(j)"Permit" means an official document authorizing a person or an organization to organize arrow shooting or the game of teer (thoh team) on any special occasion issued by any officer authorized in this behalf by the State Government;

(k)"Permit Holder" means an individual or an organization authorized to organize arrow shooting on any special occasion;

(l)"Person" means an individual and includes a bookmaker and a permit holder;

(m)"Prescribed" means prescribed by Rules made under the Act;

(n)"Security Deposit" means any sum of money as may be prescribed to be deposited before the issuance of any licence or permit;

(o)"Stake money" means gross amount of all moneys received or deemed to have been received by licensed bookmaker for arrow shooting for the purpose of betting or wagering;

(p)"State Government" means the Government of Meghalaya; and

(q)"teer tickets" means the documents issued in acknowledgment of stake money received or deemed to have been received on the sale of teer (thoh team) tickets.

3. Regulating Authorities.

(1)The State Government, may for carrying out the purposes of this Act, appoint a person of the rank of Commissioner of Taxes or empower, by notification in the Official Gazette, any official to discharge the functions of such authority.

(2)The Commissioner of Taxes or any official empowered by notification in the Official Gazette may subject to such restrictions and conditions as may be prescribed, by notification in the official gazette, delegate any or all of his powers under this Act to any official appointed under Section 3 of the Meghalaya Good and Services Tax Act, 2017, not below the rank of Inspector of Taxes and any such official shall thereupon exercise the said powers.

4. Powers and function of Regulatory Authority.

(1)The Authority appointed under sub-section (2) of Section 3 of this Act shall grant or refuse to grant the license or permit and also issue or renew the same as applicable. If the License or Permit is decided not to be granted it shall not be incumbent on the government to inform the applicant the reasons thereof.

(2)Inspection - Any officer authorized under sub¬section (2) above of Section 3 may enter any place where the game of arrow shooting is conducted or organized including any place of the bookmaker where the sale of tickets is conducted and acceptance of stake money takes place.

(3)If any person prevents or obstructs the entry of any officer so authorized, he shall, in addition to any action which he is liable under any law for the time being in forced, be liable on conviction before a magistrate to a fine not exceeding rupees Fifty thousand only.

5. Terms and conditions of a license or permit.

- The following shall be the terms and conditions of a license or permit for arrow shooting under Section 6 and Section 7 of this Act which shall also be specified in the license or permit and which the licensee is bound to follow and observe, namely: -

(1)that the places, day or days and time of arrow shooting including distance from places of worship and educational institutions shall be as provided in the Rules;

(2)that the number of arrows shall not be less than thirty and more than fifty;

(3)that the total number of arrow used in each round of shooting shall be between -seven hundred to two thousand in numbers;

(4)that the target shall be of the type usually used in archery among the Khasis or Jaintias as the case may be;

(5)that the size of the target should be between 61 cm to 102 cm in height and 66 cm to 127 cm in circumference;

(6)that the distance of the target from the shooters shall not be less than 15.21 meters and more than 30.48 meters;

(7)that the time within which all the shooters should complete one round of shooting shall not exceed five minutes;

(8)that the results of the shooting should be declared at the place of shooting with half an hour from the time the shooting has ended;

(9)that the shooting should be free and fair and for this purpose and for orderly functioning of the game the organizers should keep and maintain proper co-ordination with the bookmakers and the shooters under the supervision of the Officers duly authorized by the State Government in this behalf; and

(10)that the State Government may, for the purposes of sub-rule (9) issue such directions and instruction as and when considered necessary which shall be binding upon all concerned.

6. Terms and conditions of a license for a bookmaker.

- The following shall be the terms and conditions of a license for bookmaker: -

(1)the counter for the sale of teer tickets and stake money thereof should be located at the place not less than 1000 feet or 300 meters from the nearest place or worship or educational institution;

(2)each licensed bookmaker is allowed to operate only l(one) counter at the place to be specified in the 1 incense;

(3)the license is not transferable from one person to another or from the place specified in the license to another place;

(4)the licensed bookmaker is to strictly abide by the conditions specified in this Rule and those specified in the license.

7. Cancellation of license or permit and forfeiture of security deposit.

- The Government may on the advice of the Commissioner or an officer duly authorised by him not below the rank of Joint Commissioner of Taxes cancel the license or permit of an organizer, book maker or permit holder if the holder of a license or permit violates any provision of this Act and or the Rules made thereunder or any conditions of the license or permit was obtained by furnishing information which he known or believes to be false or does not believe to be true, the license or permit as the case may be shall be liable to be cancelled and security deposit, if any deposited by him shall stand forfeited to the State Government:Provided that no action under this Act shall be taken unless the holder of the license or permit has been given an opportunity of being heard.

8. Conditions and Restrictions for regulating the Game of Arrow Shooting including the sale of Teer tickets.

- The State Government may by Rules prescribe the conditions and the restrictions to regulate the conduct the game of arrow shooting including the sale of teer tickets.

9. Particulars to be contained in the licence, permit and teer (thoh team) tickets.

- The State Government may by rules specify the particulars to be contained in the licence, permit and teer (thoh team) tickets.

10. Registers and Accounts to be maintained.

(1)The State Government may by rules prescribe the types of registers and accounts to be maintained for licence, permit and tickets issued to organizer' and bookmaker.

(2)The State Government may by rules prescribe the types of registers and accounts to be maintained by the bookmaker for the tickets received from the officer authorized in this behalf by the Commissioner of Taxes or any Official notified by the State Government in the Official Gazette, and the tickets issued and used by such person as receipts for stake money.

11. Seizure of books of accounts, etc.

- An Officer authorized by the State Government in this behalf may seize any books of account, registers, tickets or any other document from any place where the game of arrow shooting is organized or the sale of tickets and or acceptance of stake money takes place if the officer has reasons to suspect that the provisions of this Act or any rules made thereunder are not complied with and may retain the same for so long as may be necessary for the purposes of this Act and shall grant a receipt to the organizer or the bookmaker for the same.

12. Non-liability of the Government.

- The State Government shall not be held liable for payment of any dividend or award or reward by whatever name called to the holder of any winning ticket which evidenced receipt of stake money.

13. Offences and Penalty.

(1)Any breach of the conditions and restrictions imposed by this Act or as may be prescribed under the Rules made thereunder shall result in levy of penalty as provided hereunder, subject to the condition that opportunity of being heard should be accorded to the licensee or permit holder.

(2)On conviction by a court not below that of a- First Class Magistrate for any of the Offences amounting to a breach of any of the conditions and restrictions imposed by this Act, shall be penalized with imprisonment that may extend upto three months and with fine not exceeding rupees fifty thousand only from the organize and a sum not exceeding rupees ten thousand only from a bookmaker.

14. Power to compound offences.

- The State Government may empower an officer duly authorised in this behalf before or after institution of proceedings under sub-section (1) of Section 13 of this Act.

(1)To accept from the organizer the bookmaker, a sum of money not exceeding rupees thirty thousand only and rupees five thousand only respectively by way of compensation for the offence.

(2)On the payment of such sum, no further proceedings shall be taken up against such organizer or bookmaker.

(3)All offences punishable under this Act or the rules made thereunder shall be non-cognizable and bailable.

15. Appeal.

- Every appeal against the order made by the Regulating Authority under sub-section (2) of Section 3 shall be made to the Assistant Commissioner of Tax within a period of forty five days:Provided that an appeal against an order imposing penalty by an officer duly authorized shall not be made.

16. Transition.

- All licensed organizer, Book Maker and Permit holder who held a valid license or permit under the repealed Meghalaya Amusement and Betting Tax Act as on the 30th of June, 2017 shall be deemed to be valid license organizer, Book Maker and Permit holder under the provisions of this Act for the remainder period of validity under the said repealed Act.

17. Power to make Rules.

(1)The State Government may, by notification in the Official Gazette make rules with prospective or retrospective effect, for carrying out the purposes of this Act.

(2)Every rule made under this Act shall be laid, as soon as may be, after it is made before the House of Legislative Assembly while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the, expiry of the session immediately following the session or the successive session aforesaid, the House agree a making any modification in the rule or the House agree that the rule shall not be made, the rule thereafter shall have effect only in such modified form or by of no effect, as the case may be; so, however, that any such modification or amendment shall be without prejudice to the validity of anything previously done under that rule.

18. Power to remove difficulties.

(1)if any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order publish in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear it to be necessary or expedient, for removing the difficulty:Provided that no such order shall be made after the expiry of a period of two year from the date of commencement of this Act.

(2)Every order made under this section, shall, as soon as may be after it is made, be laid before the House of Legislative Assembly.

19. Repeal and saving.

(1)The Meghalaya Regulation of the Game of Arrow shooting and the Sale of Teer Tickets Ordinance, 2018 (Meghalaya Ordinance No. 1 of 2018) is hereby repeal.

(2)Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the provisions of this Act.

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