PUNJAB HORSE-RACE BETTING TAX ACT, 1958
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THE PUNJAB HORSE-RACE BETTING TAX ACT, 1958 (IV of 1958)
TEXT 1THE 2[PUNJAB] HORSE-RACE BETTING TAX ACT, 1958 (IV of 1958) [10 April 1958] An Act to consolidate the law relating to the levy of taxes on horse-race betting in 3[the Punjab]. Preamble.– WHEREAS it is expedient to consolidate the law relating to the levy of taxes on horse-race betting on a uniform basis throughout 4[the Punjab];
It is hereby enacted as follows:–
Section 1. Short title, extent and commencement
(1) This Act may be called the 5[Punjab] Horse-race Betting Tax Act, 1958.
6[(2) It extends to the whole of the Province of 7[the Punjab], except the Tribal Areas.]
(3) It shall come into force at once.
Section 2. Definitions
In this Act unless there is anything repugnant in the subject or context:–
(a) “backer” means any person who bets at a totalizator or with a book- maker;
(b) “bet” or “betting” means a contract by a person to pay a certain sum of money to another in the event of the winning or the placing of a horse in a horse-race in consideration of certain payment or promise of payment by that other, and includes payment of money by any person to another on the happening of that event in consideration of that other paying to him on the event not happening;
(c) “book-maker” means a person who carries on the business of making bets with the public in general;
1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), March 24, 1958, pp. 306-307. This Act was passed by the West Pakistan Assembly on March 26, 1958, assented to by the Governor of West Pakistan on April 8, 1958, published in the Gazette of West Pakistan (Extraordinary), April 10, 1958, pp. 513-518.
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1964 (VI of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1693-1694, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule.
1[ 2[(d) “Director”, Excise and Taxation‟ means any officer appointed as such by Government, and shall include any officer appointed by Government as Additional Director, Excise and Taxation;]]
(e) “Government” means 3[the Provincial Government of the Punjab];
(f) “manager” means a person (whether an individual, a corporate body or an association) primarily responsible for the holding of a race-meeting or his nominee approved by the 4[Commissioner], for the purpose of this Act;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “race-meeting” means an assembly of persons at a horse-race to which the public have access whether on payment or otherwise;
(i) “totalizator” means the system of betting in horse-races which enables persons to make bets with one another on the principle of a common pool and includes any machine, instrument or contrivance used for the purpose.
Section 3. Levy of totalizator tax
(1) Government may, by notification, from time to time, direct that a tax not exceeding 20 per cent (hereinafter referred to as the “totalizator tax”) shall be levied on backers in respect of all moneys paid by them into any totalizator by way of bets.
(2) Every notification issued under sub-section (1) shall specify the local area in which, the rate at which, and the date from which totalizator tax shall be levied.
(3) Such portion of the moneys paid into the totalizator as is equivalent to the amount of the totalizator tax calculated at the rate specified in the aforesaid notification shall be deemed to have been paid by the backers on account of the totalizator tax and to have been received by the manager on behalf of the Government.
Section 4. Levy of betting tax
5[ 6[(1) Government may, by notification, from time to time, direct that a tax not exceeding 20 per cent (hereinafter referred to as the “betting tax”) shall be levied and paid out of all moneys paid or agreed to be paid to the book-makers by backers in respect of bets made in a place within the race enclosure which the manager has set apart for the purposes of such betting.]]
1Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
2Substituted by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 2.
3Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with Schedule.
4Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
5Substituted by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 2(i).
6Substituted by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 3.
(2) Every notification issued under sub-section (1) shall specify the local area in which, the rate at which, and the date from which, the betting tax shall be levied.
1[ 2[(3) Such portion of the moneys referred to in sub-section (1) as is equivalent to the amount of the betting tax calculated at the rate specified in the aforesaid notification, shall be deemed to have been paid by each backer concerned on account of the betting tax and to have been received by the book-maker concerned on behalf of the Government.]]
3[(4) The moneys received by the book-makers on account of the betting tax shall be made over to the manager for payment to Government.]
[4] Section 4A. Power to Government to issue directions
Government may, by notification 5 in the Official Gazette, direct that–
(a) no bets shall be made or settled with a book-maker except at a specified time and place;
(b) payment by a book-maker to a backer in consequence of a bet made and won by the latter on credit shall be made by means of a cheque;
(c) a list of all bets referred to in clause (b) be supplied by the book-maker to the prescribed authority in the prescribed manner.]
[6] Section 4B. Payment to Manager for collection of taxes, etc
Government may pay to any manager, on such terms and conditions as may be specified by the Government, such sum of money or such percentage of the betting tax or the totalizator tax as it may fix, for collecting and depositing the betting tax and the totalizator tax.]
Section 5. Assessment collection and payment of tax
The betting tax or the totalizator tax shall be assessed, collected and paid in such manner as may be prescribed by the Government.
Section 6. Duties of the management
The manager of every race-meeting at which betting takes place shall– 7[(a) cause accounts to be kept in the prescribed manner of all sums paid into every totalizator, and of all sums paid or agreed to be paid to the book-makers by backers in respect of bets made by the latter;
1Substituted by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 2(ii).
2Substituted by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 3(b).
3Ibid., s. 3(c).
4Substituted by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 3.
5Directed by the Revenue and Rehabilitation Department’s Notification No. Tax-XII-10-259(a), dated December 12, 1960, Part I, p. 634.
6Substituted by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 4.
7Ibid., s. 5(a).
(b) forward at the time, in the manner, and to the officer, prescribed in this behalf, a return showing the total amount of the sums paid into every totalizator and of all sums paid or agreed to be paid to the book-makers by backers in consequence of the bets made by the latter;]
(c) deposit or make over the totalizator tax and the betting tax due, collected or received, in the prescribed manner; and
(d) furnish such other information and returns as may be prescribed:
Provided that where the manager satisfies the 1[ 2[Director, Excise and Taxation]] that a particular amount of betting tax has remained undeposited for reasons beyond his control and that the book-maker concerned is responsible for not making it over to him, the 3[ 4[Director, Excise and Taxation]], may pass an order to the effect that the liability to deposit that amount is that of the book-maker.
Section 7. Tax in lieu of taxes under sections 3 and 4
The manager of every race- meeting in any local area in respect of which a notification has not been issued under section 3 or section 4 shall pay to the Government by way of tax, in respect of such meeting, such amount not exceeding five hundred rupees as may be prescribed.
Section 8. Appointment of Inspectors
(1) The 5[Commissioner], may appoint Inspectors for any local area to inspect race-meetings and the accounts of betting.
(2) Every person appointed under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Pakistan Penal Code 6, and shall be given free access to every race-meeting held in the local areas for which he has been appointed and to every place where betting is conducted at such race- meeting and to all books of account relating to such betting, whether such books belong to the manager or to any book-maker.
Section 9. Exemptions
The Government may, by notification showing reasons for such exemption exempt any race-meeting from–
(a) the totalizator tax leviable under section 3; or
(b) the betting tax leviable under section 4; or
(c) the tax leviable under section 7.
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 5(b).
3Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
4Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 5(b).
5Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II. 6XLV of 1860.
Section 10. Punishment and procedure
(1) (a) If payment of any tax due under this Act is evaded or the tax is not deposited within the prescribed time, the 1[ 2[Director, Excise and Taxation]], may determine the person or persons liable in this respect and may impose a penalty not exceeding five times the amount of tax or rupees one thousand whichever is greater, in addition to the tax evaded or unpaid 3[:]
4[Provided that no order shall be made under this clause making any person or persons liable for the payment of a tax or imposing on any such person or persons a penalty without giving such person or persons an opportunity of being heard and showing cause against the proposed order.]
(b) Any person who contravenes the provisions of this Act or the rules made thereunder or fails to comply with any direction given under this Act or the rules made thereunder, shall be punished with fine which may extend to five hundred rupees.
(c) If any sum due on account of any tax or penalty under this Act is not paid within the time allowed for its payment and the person from whom it is due does not show cause to the satisfaction of the 5[ 6[Director, Excise and Taxation]], or any officer authorised by him, why he should not pay the same, such sum (inclusive of the cost of recovery) may be recovered under a warrant in the prescribed form, or in a form to like effect, signed by the 7[ 8[Director, Excise and Taxation]], by the distress and sale of any movable property belonging to such person. The warrant may be addressed to any officer of the Excise and Taxation Department for execution and in executing it he may obtain such assistance from other servants of the department as he may consider necessary.
(d) Any sum due on account of any tax or penalty under this Act shall be recoverable as arrears of land revenue. A certificate issued by the
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
3Substituted for the full stop by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule.
4Added by the Ordinance ibid.
5Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
6Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
7Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
8Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
1[ 2[Director, Excise and Taxation]], showing that any amount is due as tax or penalty, shall be conclusive proof thereof.
(2) Any person aggrieved by an order passed by the 3[ 4[Director, Excise and Taxation]], under clause (a) of sub-section (1) may appeal to the 5[Commissioner], within thirty days of the order, exclusive of the time required to get a copy thereof, in such manner as may be prescribed.
(3) The order of the 6[ 7[Director, Excise and Taxation]], and in case of appeal, the order of the 8[Commissioner], shall be final.
(4) The Government may call for and examine the records of any proceedings under sub-section (2) for the purpose of satisfying themselves as to the legality or propriety of any order passed by the 9[Commissioner]. If in any case it shall appear to the Government that any order should be modified, annulled or reversed, the Government may pass such order thereon as may be deemed fit:
Provided that the Government shall not under this sub-section pass an order revising or modifying any order affecting any person without giving such person an opportunity of being heard.
Section 11. Rules
(1) The Government may, by notification, make rules 10–
(a) with reference to all matters expressly required or allowed by this Act to be prescribed; and
(b) to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers the Government shall have power to make rules regarding the manner in which any tax payable under this Act may be recovered as also the form of the accounts to be maintained and the returns to be submitted by book-makers.
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
3Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with Schedule I.
4Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
5Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
6Substituted for the words “Deputy Director Excise and Taxation” by the Ordinance ibid., s. 3(1) read with Schedule I.
7Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse-Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
8Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
9Ibid. 10For rules, see Gazette of West Pakistan, 1958, Part I, pp. 450-452.
Section 12. Repeal and Savings
(1) The following enactments are hereby repealed:–
(a) The Sind Betting Tax Act, 1938
1.
(b) The Punjab Horse-Race Betting Tax Act, 1950
2. 3[(c) The Sind Betting Tax Act, 1938 4 as applicable to Karachi District.]
(2) Notwithstanding the repeal of the Acts mentioned in sub-section (1) everything done, action taken, obligation, liability, penalty or punishment incurred, inquiry or proceeding commenced, officer appointed or person authorised, jurisdiction or power conferred, rule made and order or notification issued under any of the provisions of the said Acts, shall, if not inconsistent with the provisions of this Act, be continued, and so far as may be, be deemed to have been respectively done, taken, incurred, commenced, appointed, authorised, conferred, made or issued under this Act.
1Sind XV of 1938. 2Punjab XXX of 1950.
3Added by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1964 (VI of 1964), published in the Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1693-1694, s. 3.
4Sind Act XV of 1938.
Print contents from the source
CONTENTS 1. Short title, extent and commencement. 2. Definitions. 3. Levy of totalizator tax. 4. Levy of betting tax. 4-A. Power to Government to issue directions. 4-B. Payment to Manager for collection of taxes, etc. 5. Assessment collection and payment of tax. 6. Duties of the management. 7. Tax in lieu of taxes under sections 3 and 4. 8. Appointment of Inspectors. 9. Exemptions. 10. Punishment and procedure. 11. Rules. 12. Repeal and Savings.
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THE PUNJAB HORSE-RACE BETTING TAX ACT, 1958
(IV of 1958)
CONTENTS
1. Short title, extent and commencement.
2. Definitions.
3. Levy of totalizator tax.
4. Levy of betting tax.
4-A. Power to Government to issue directions.
4-B. Payment to Manager for collection of taxes, etc.
5. Assessment collection and payment of tax.
6. Duties of the management.
7. Tax in lieu of taxes under sections 3 and 4.
8. Appointment of Inspectors.
9. Exemptions.
10. Punishment and procedure.
11. Rules.
12. Repeal and Savings.
TEXT
1
THE
2
[PUNJAB] HORSE-RACE BETTING TAX ACT, 1958
(IV of 1958)
[10 April 1958]
An
Act
to consolidate the law relating to the levy of taxes on horse-race betting in
3
[the
Punjab].
Preamble.– WHEREAS it is expedient to consolidate the law relating to the levy of
taxes on horse-race betting on a uniform basis throughout
4
[the Punjab];
It is hereby enacted as follows:–
1. Short title, extent and commencement .– (1) This Act m ay be called the
5
[Punjab] Horse-race Betting Tax Act, 1958.
6
[(2) It extends to the whole of the Province of
7
[the Punjab], except the
Tribal Areas.]
(3) It shall come into force at once.
2. Definitions.– In this Act unless there is anything repugnant i n the subject or
context:–
(a) “backer” means any person who bets at a totalizator or with a book -
maker;
(b) “bet” or “betting” means a contract by a person to pay a certain sum of
money to another in the event of the winning or the placing of a horse
in a horse-race in consideration of certain payment or promise of
payment by that other, and includes payment of money by any person
to another on the happening of that event in consideration of that other
paying to him on the event not happening;
(c) “book-maker” means a person who carries on the business of making
bets with the public in general;
1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), March 24, 1958, pp. 306-307. This Act
was passed by the West Pakistan Assembly on March 26, 1958, assented to by the Governor of West Pakistan on Apr il 8,
1958, published in the Gazette of West Pakistan (Extraordinary), April 10, 1958, pp. 513-518.
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extr aordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted by the West Pakistan Horse -Race Betting Tax (Amendment) Ordinance, 1964 (VI of 1964), published in the
Gazette of West Pakistan (Extraordinary), dated May 25, 1964, pp. 1693-1694, s. 2.
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f. 14.8.1973),
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read with
Schedule.
1
[
2
[(d) “Director”, Excise and Taxation‟ means any officer appointed as such
by Government, and shall include any officer appointed by Government
as Additional Director, Excise and Taxation;]]
(e) “Government” means
3
[the Provincial Government of the Punjab];
(f) “manager” means a person (whether an individual, a corporate body or
an association) primarily responsible for the holding of a race -meeting
or his nominee approved by the
4
[Commissioner], for the purpose of
this Act;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “race-meeting” means an assembly of persons at a horse-race to which
the public have access whether on payment or otherwise;
(i) “totalizator” means the system of betting in horse -races which enables
persons to make bets with one another on the principle of a common
pool and includes any machine, instrument or contrivance used for the
purpose.
3. Levy of totalizator tax .– (1) Government may, by notification, from time to
time, direct that a tax not exceeding 20 per cent (hereinafter referred to as the
“totalizator tax”) shall be levied on backers in respect of all moneys paid by them into
any totalizator by way of bets.
(2) Every notification issued under sub -section (1) shall specify the local
area in which, the rate at which, and the date from which totalizator tax shall be
levied.
(3) Such portion of the moneys paid into the totalizator as is equivalent to
the amount of the to talizator tax calculated at the rate specified in the aforesaid
notification shall be deemed to have been paid by the backers on account of the
totalizator tax and to have been received by the manager on behalf of the
Government.
4. Levy of betting tax .–
5
[
6
[(1) Government may, by notification, from time to
time, direct that a tax not exceeding 20 per cent (hereinafter referred to as the
“betting tax”) shall be levied and paid out of all moneys paid or agreed to be paid to
the book -makers by backers in resp ect of bets made in a place within the race
enclosure which the manager has set apart for the purposes of such betting.]]
1Substituted by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette of West
Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(2) read with Schedule II.
2Substituted by the West Pakistan Horse -Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in
the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 2.
3Substituted for the words “Government of West P akistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974) (w.e.f.
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read
with Schedule.
4Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws)
Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
5Substituted by the West Pa kistan Horse-Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the
Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 2(i).
6Substituted by the West Pakistan Horse -Race Betting Tax (Second Amendment) Or dinance, 1964 (X of 1964), published in
the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 3.
(2) Every notification issued under sub -section (1) shall specify the local
area in which, the rate at which, and the date from which , the betting tax shall be
levied.
1
[
2
[(3) Such portion of the moneys referred to in sub -section (1) as is
equivalent to the amount of the betting tax calculated at the rate specified in the
aforesaid notification, shall be deemed to have been paid by eac h backer concerned
on account of the betting tax and to have been received by the book -maker
concerned on behalf of the Government.]]
3
[(4) The moneys received by the book-makers on account of the betting tax
shall be made over to the manager for payment to Government.]
4
[4-A. Power to Government to issue directions .– Government may, by
notification
5
in the Official Gazette, direct that–
(a) no bets shall be made or settled with a book -maker except at a
specified time and place;
(b) payment by a book -maker to a backer in consequence of a bet made
and won by the latter on credit shall be made by means of a cheque;
(c) a list of all bets referred to in clause (b) be supplied by the book -maker
to the prescribed authority in the prescribed manner.]
6
[4-B. Payment to Manager for collection of taxes, etc .– Government may pay to
any manager, on such terms and conditions as may be specified by the Government,
such sum of money or such percentage of the betting tax or the totalizator tax as it
may fix, for collecting and depositing the betting tax and the totalizator tax.]
5. Assessment collection and payment of tax .– The betting tax or the
totalizator tax shall be assessed, collected and paid in such manner as may be
prescribed by the Government.
6. Duties of the management.– The manager of every race -meeting at which
betting takes place shall–
7
[(a) cause accounts to be kept in the prescribed manner of all sums paid
into every totalizator, and of all sums paid or agreed to be paid to the
book-makers by backers in respect of bets made by the latter;
1Substituted by the West Pakistan Horse -Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the
Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 2(ii).
2Substituted by the West Pakistan Horse -Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in
the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 3(b).
3Ibid., s. 3(c).
4Substituted by the West Pakistan Horse -Race Betting Tax (Amendment) Ordinance, 1960 (XXXV of 1960), published in the
Gazette of West Pakistan (Extraordinary), dated July 23, 1960, pp. 2949-2950, s. 3.
5Directed by the Revenue and Rehabilitation Department’s Notification No. Tax -XII-10-259(a), dated December 12, 1960, Part
I, p. 634.
6Substituted by the West Pakistan Horse -Race Betting Tax (Second Amendment) Ordinance, 1964 (X of 1964), published in
the Gazette of West Pakistan (Extraordinary), dated August 1, 1964, pp. 2543-2545, s. 4.
7Ibid., s. 5(a).
(b) forward at the time, in the manner, and to the officer, prescribed in this
behalf, a return showing the total amount of the sums paid into every
totalizator and of all sums paid or agreed to be paid to the book-makers
by backers in consequence of the bets made by the latter;]
(c) deposit or make over the totalizator tax and the betting tax due,
collected or received, in the prescribed manner; and
(d) furnish such other information and returns as may be prescribed:
Provided that where the manager satisfies the
1
[
2
[Director, Excise and
Taxation]] that a particular amount of betting tax has remained undeposited for
reasons beyond his control and that the book-maker concerned is responsible for not
making it over to him , the
3
[
4
[Director, Excise and Taxation]], may pass an order to
the effect that the liability to deposit that amount is that of the book-maker.
7. Tax in lieu of taxes under sections 3 and 4 .– The manager of every race -
meeting in any local area in respect of which a notification has not been issued
under section 3 or section 4 shall pay to the Government by way of tax, in respect of
such meeting, such amount not exceeding five hundred rupees as may be
prescribed.
8. Appointment of Inspectors .– (1) The
5
[Commissioner], may appoint
Inspectors for any local area to inspect race-meetings and the accounts of betting.
(2) Every person appointed under sub -section (1) shall be deemed to be a
public servant within the meaning of section 21 of the Pakistan Penal Code
6
, and
shall be given free access to every race -meeting held in the local areas for which he
has been appointed and to every place where betting is conducted at such race -
meeting and to all books of account relating to such betting, whether such books
belong to the manager or to any book-maker.
9. Exemptions.– The Government may, by notification showing reasons for
such exemption exempt any race-meeting from–
(a) the totalizator tax leviable under section 3; or
(b) the betting tax leviable under section 4; or
(c) the tax leviable under section 7.
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 5(b).
3Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
4Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 5(b).
5Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws)
Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
6XLV of 1860.
10. Punishment and procedure .– (1) (a) If payment of any tax due under this
Act is evaded or the tax is not deposited within the prescribed time, the
1
[
2
[Director,
Excise and Taxation]], may determine the person or persons liable in this respect
and may impose a penalty not exceeding five times the amount of tax or rupees one
thousand whichever is greater, in addition to the tax evaded or unpaid
3
[:]
4
[Provided that no order shall be made under this clause making any person
or persons liable for the payment of a tax or imposing on any such person or persons
a penalty without giving such person or persons an opportunity of being heard and
showing cause against the proposed order.]
(b) Any person who contravenes the pr ovisions of this Act or the rules
made thereunder or fails to comply with any direction given under this
Act or the rules made thereunder, shall be punished with fine which
may extend to five hundred rupees.
(c) If any sum due on account of any tax or pena lty under this Act is not
paid within the time allowed for its payment and the person from whom
it is due does not show cause to the satisfaction of the
5
[
6
[Director,
Excise and Taxation]], or any officer authorised by him, why he should
not pay the same, such sum (inclusive of the cost of recovery) may be
recovered under a warrant in the prescribed form, or in a form to like
effect, signed by the
7
[
8
[Director, Excise and Taxation]], by the distress
and sale of any movable property belonging to such person. The
warrant may be addressed to any officer of the Excise and Taxation
Department for execution and in executing it he may obtain such
assistance from other servants of the department as he may consider
necessary.
(d) Any sum due on account of any tax or penalty under this Act shall be
recoverable as arrears of land revenue. A certificate issued by the
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Ho rse-Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
3Substituted for the full stop by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the
Gazette of West Pakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3 read with Second Schedule.
4Added by the Ordinance ibid.
5Substituted for the words “Deputy Director Excise and Taxation” by the West Pa kistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
6Substituted for the words “Divisional Excise and Taxation Officer” by th e West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
7Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
8Substituted for the words “Divisional Excise and Taxation Of ficer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
1
[
2
[Director, Excise and Taxation]], showing that any amount is due as
tax or penalty, shall be conclusive proof thereof.
(2) Any person aggrieved by an or der passed by the
3
[
4
[Director, Excise
and Taxation]], under clause (a) of sub -section (1) may appeal to the
5
[Commissioner], within thirty days of the order, exclusive of the time required to get
a copy thereof, in such manner as may be prescribed.
(3) The order of the
6
[
7
[Director, Excise and Taxation]], and in case of
appeal, the order of the
8
[Commissioner], shall be final.
(4) The Government may call for and examine the records of any
proceedings under sub-section (2) for the purpose of satisfying th emselves as to the
legality or propriety of any order passed by the
9
[Commissioner]. If in any case it shall
appear to the Government that any order should be modified, annulled or reversed,
the Government may pass such order thereon as may be deemed fit:
Provided that the Government shall not under this sub -section pass an order
revising or modifying any order affecting any person without giving such person an
opportunity of being heard.
11. Rules.– (1) The Government may, by notification, make rules
10
–
(a) with reference to all matters expressly required or allowed by this Act to
be prescribed; and
(b) to carry out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
powers the Government shal l have power to make rules regarding the manner in
which any tax payable under this Act may be recovered as also the form of the
accounts to be maintained and the returns to be submitted by book-makers.
1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
2Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
3Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
(XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200, s. 3(1) read with
Schedule I.
4Substituted for the words “Divisiona l Excise and Taxation Officer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X of 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
5Substituted for the words “Dir ector, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws)
Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
6Substituted for the words “Deputy Director Excise and Taxation” by the Ordinance ibid., s. 3(1) read with Schedule I.
7Substituted for the words “Divisional Excise and Taxation Officer” by the West Pakistan Horse -Race Betting Tax (Second
Amendment) Ordinance, 1964 (X o f 1964), published in the Gazette of West Pakistan (Extraordinary), dated August 1, 1964,
pp. 2543-2545, s. 6.
8Substituted for the words “Director, Excise and Taxation, West Pakistan” by the West Pakistan (Adaptation of Laws)
Ordinance, 1962 (XXV of 1962), published in the Gazette of West Pakistan (Extraordinary), dated June 2, 1962, pp. 2195-2200,
s. 3(2) read with Schedule II.
9Ibid.
10For rules, see Gazette of West Pakistan, 1958, Part I, pp. 450-452.
12. Repeal and Savings.– (1) The following enactments are hereby repealed:–
(a) The Sind Betting Tax Act, 1938
1
.
(b) The Punjab Horse-Race Betting Tax Act, 1950
2
.
3
[(c) The Sind Betting Tax Act, 1938
4
as applicable to Karachi District.]
(2) Notwithstanding the repeal of the Acts mentioned in sub -section (1)
everything done, action taken, obligation, liability, penalty or punishment incurred,
inquiry or proceeding commenced, officer appointed or person authorised,
jurisdiction or power conferred, rule made and order or notification issued under any
of the provisions of the said Acts, shall, if not inconsistent with the provisions of this
Act, be continued, and so far as may be, be deemed to have been respectively done,
taken, incurred, commenced, appointed, authorised, conferred, made or issued
under this Act.
1Sind XV of 1938.
2Punjab XXX of 1950.
3Added by the West Pakistan Horse-Race Betting Tax (Amendment) Ordinance, 1964 (VI of 1964), published in the Gazette of
West Pakistan (Extraordinary), dated May 25, 1964, pp. 1693-1694, s. 3.
4Sind Act XV of 1938.This law in the library
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Section 3
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7. Tax in lieu of taxes under sections 3 and 4 .– The manager of every race - meeting in any local area in respect of which a notification has not been issued under section 3 or section 4 shall pay to the Government by way of tax, in respect of such meeting, such amount not exceeding five hundred rupees as may be prescribed. 8. Appointment of Inspectors .– (1) The 5 [Commissioner], may appoin
Section 4
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ieu of taxes under sections 3 and 4 .– The manager of every race - meeting in any local area in respect of which a notification has not been issued under section 3 or section 4 shall pay to the Government by way of tax, in respect of such meeting, such amount not exceeding five hundred rupees as may be prescribed. 8. Appointment of Inspectors .– (1) The 5 [Commissioner], may appoint Inspector
Section 3
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-maker. 9. Exemptions.– The Government may, by notification showing reasons for such exemption exempt any race-meeting from– (a) the totalizator tax leviable under section 3; or (b) the betting tax leviable under section 4; or (c) the tax leviable under section 7. 1Substituted for the words “Deputy Director Excise and Taxation” by the
Section 4
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tification showing reasons for such exemption exempt any race-meeting from– (a) the totalizator tax leviable under section 3; or (b) the betting tax leviable under section 4; or (c) the tax leviable under section 7. 1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962
Section 7
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tion exempt any race-meeting from– (a) the totalizator tax leviable under section 3; or (b) the betting tax leviable under section 4; or (c) the tax leviable under section 7. 1Substituted for the words “Deputy Director Excise and Taxation” by the West Pakistan (Adaptation of Laws) Ordinance, 1962 (XXV of 1962), published in the Gazette
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- PUNJAB HORSE-RACE BETTING TAX ACT, 1958
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