.
60.(1) If a Justice of the Peace is satisfied on information
on oath that there is reasonable ground for suspecting that an offence under this Act is
being, has been or is about to be committed on any premises, he may issue a warrant in
writing authorizing any constable to enter those premises, at any time, by day or by
night, with such assistance and by such force as may be necessary within fourteen days
from the time of the issue of the warrant and search them; and any constable who enters
the premises under the authority of the warrant may:-
(a) seize and remove any document, money or valuable
thing, instrument or other thing whatsoever found on the premises which he has reasonable
cause to believe may be required as evidence for the purposes of proceedings in respect of
any such offence; and
(b) arrest and search any person found on the premises
whom he has reasonable cause to believe to be committing or to have committed any such
offence.
(2) On the conviction of any person for an offence under section 16,
17, 38 or 48:-
(a) any document, money or valuable thing, instrument or any other thing
whatsoever belonging to the convicted person which the court is of opinion were used or
intended to be used in any way in contravention of this Act may be ordered by the court to
be forfeited;
(b) the court may, subject to subsection (3), order the
demolition of such part of the premises in or in respect of which the offence is committed
as appears to the court to have been specially constructed to facilitate offences against
this Act.
(3) An order under paragraph (b) of subsection
(2):-
(a) shall not be made unless the prescribed notice has been served on the owner
in the prescribed manner and such owner has failed to show cause acceptable to the court
why the order should not be made; and
(b) shall be directed to the owner of the premises who if
he fails to comply therewith shall be guilty of an offence and shall be liable to a fine
not exceeding forty dollars or to imprisonment with or without hard labour for a period
not exceeding two months and to a further fine not exceeding ten dollars or to
imprisonment for a period not exceeding ten days with or without hard labour for every day
during which such non-compliance continues.
(4) In this section:-
(a) "owner", in relation to any premises
includes:-
(i)any person in possession or receipt either of the whole or of part of the rents or
profits of the premises;
(ii)any person in occupation of the premises otherwise than as a tenant
from year to year or any less term, or as a tenant at will; and
(iii)the attorney or agent of any such person;
(b) premises shall be deemed to be specially constructed to
facilitate offences against this Act if any passage, staircase or means of access to any
part thereto is unusually narrow or steep or otherwise difficult to pass or any part of
the premises is provided with unusual, or unusually numerous, means for preventing or
obstructing an entry or with unusual contrivances for enabling persons therein to see or
ascertain the approach or entry of any person or for giving an alarm or for facilitating
escape from the premises.
61. Any person who is guilty of an
offence under this Act or any regulations thereunder for which no penalty is provided
elsewhere in this Act shall be liable to a fine not exceeding ten thousand dollars and in
default of payment thereof to imprisonment with or without hard labour for a term not
exceeding six months.
62. All offences against this Act or any regulation
there under shall be tried summarily in the Court of a Resident Magistrate.
63. Where an offence under this Act committed by a body
corporate is proved to have been committed with the consent or connivance of, or to have
been attributable to any select on the part of, any director, manager, secretary or other
similar officer of the body corporate or any person who was purporting to act in any such
capacity, he, as well as the body corporate, shall be guilty of that offence and be liable
to be proceeded against and punished accordingly.
64.-(1) In construing section 16, 42 or 50, proceeds of
any entertainment, lottery, gaming or amusement promoted on behalf of a society to which
this subsection extends which are applied for any purpose calculated to benefit the
society as a whole shall not be held to be applied for purposes of private gain by reason
only that their application for that purpose results in benefit to any person as an
individual.
(2) For the purposes of the said sections 16, 42 and 50 where any payment falls
to be made by way of a hiring, maintenance or other charge in respect of any equipment for
holding a lottery or gaming at any entertainment, then if, but only if, the amount of that
charge falls to be determined wholly or partly by reference to the extent to which that or
some other such equipment is used for the purposes of betting, lotteries or gaming that
payment shall be held to be an application of the stakes hazarded or proceeds of the
entertainment, as the case may require, for purposes of private gain; and accordingly any
reference in the said section 42 or 50 to expenses shall not include a reference to any
such charge falling to be so determined.
(3) Subsection (1) of this section extends to any society which is established
and conducted either:-
(a) wholly for purposes other than purposes of any commercial undertaking; or
(b) wholly or mainly f or the purpose of participation in or support of
athletic sports or athletic games, and in this section the expression "society"
includes any club, institution, organization or association of persons, by whatever name
called, and any separate branch or section of such a club, institution, organization or
association.
65.-(1) The Commission, subject to the approval
of the Minister responsible for finances may make regulations generally for the better
carrying out of the objects and purposes of this Act and in particular without
prejudice to the generality of the foregoing may make regulations:-
- prescribing the form and manner in which applications shall be made for any permit or
licence which may be granted under this Act and the forms of such permits and licences;
- prescribing the circumstances in which and the person by whom fees shall be paid, the
amount of such fees and the disposal thereof
- prescribing any other matter or thing which rnay be or is required by this Act to be
prescribed; amending or 'replacing the Second and Third Schedule.
(2) Any regulations made pursuant to this Act shall be subject to negative resolution
of the House of Representatives.
66.(1) Any regulation, permit, exemption or other instrument or
document whatsoever made, issued or kept or any other thing done under or by virtue of the
Gambling Law (repealed) shall be deemed for the purposes of this Act to have been made or
issued, to be kept, or to have been done, as the case may be, under the corresponding
provision of this Act; and anything begun under the Gambling Law may be continued under
this Act as if begun under this Act.
(2) So much of any enactment or document as refers expressly or
by implication to the Gambling Law (repealed) or any provision thereof shall, if and so
far as the context permits, be construed as referring to this Act or the corresponding
provision therein, as the case may be.
(3) Nothing in this section shall be taken as affecting the
general application of sections 25 and 27 of the Interpretation Act with regard to the
effect of repeals.
PART I. Constitution and Membership of the Commission
1. The Commission shall consist of such number of persons not being
less than five nor more than seven, as the Minister may from time to time determine.
2. The members of the Commission shall be appointed by the Minister by instrument in
writing and, subject to the provisions of this Schedule, shall
hold office for such period, not being less than two years nor more than five years, as
the Minister may direct in such instrument.
3. Every member of the Commission shall be eligible for reappointment.
4. The Minister shall appoint one of the members of the Commission to
be the chairman thereof.
5. If the chairman or any other member of the Commission is absent or
unable to act, the Minister may appoint any person to act in the
place of such chairman or other member.
6.(1) Any member of the Commission, other than the chairman, may at any time resign his
office by instrument in writing addressed to the Minister and transmitted through the
chairman, and from the date of receipt by the Minister of such instrument that member
shall cease to be a member of the Commission.
(2) The chairman may at any time resign his office by instrument in writing
addressed to the Minister and such resignation shall take effect as from
the
date of receipt by the Minister of such instrument.
7. The Minister may, on the application of any member, grant leave of absence to
such member.
8. The Minister may at any time revoke the appointment of any Member of the
Commission if he thinks it expedient so to do.
9. The names of all members of the Commission as first constituted and every
change in the membership thereof shall be published in the Gazette.
10.(1) No action, suit, prosecution or other proceedings shall be Protection
brought or executed personally against any member of the Commission of members in respect
of any act done bona fide in pursuance or execution or execution of the functions
of the Commission.
(2) Where any member of the Commission is
exempt from liability by
reason only of the provisions of this paragraph, Commission shall be liable to the extent
that it would be if the member were a servant or agent of the Commission.
11. There shall be paid from the funds of the Commission to the chairman and
other members of the Commission such remuneration (whether by way of honorarium, salary or
fees) and such allowance as members the Minister may determine.
12. The office of chairman or member of the Commission shall not be a
public office for the purpose of Chapter V of the Constitution of Jamaica.
13.(1) The seal of the Commission shall be kept in the
custody Of
the chairman or of any officer of the Commission authorized by the Commission in that
behalf, and shall be affixed to instruments Pursuant to a resolution of the Commission and
in the presence of the chairman or any other member of the Commission authorized to act in
that behalf and the secretary thereof.
(2) The seal of the Commission shall be authenticated by the signatures
of the chairman or any other member of the Commission authorized to act in that behalf,
and of the secretary or some other officer authorized by the Commission to act on the
secretary's behalf.
(3) All documents other be signified other than those required by
law to be under seal, made by, and all decisions of, the Commission may under the hand of
the chairman or any other member or officer of the Commission authorized to act in that
behalf.
14.(1) The Commission shall meet at such times as may be necessary or expedient for the
transaction of its business and such meetings shall be held at such places and times and
on such days as the Commission may determine.
(2) The chairman may at any time call a special meeting
of the Commission and
shall call a special meeting within seven
days of the receipt of a written requisition for that purpose addressed to him by any
three members of the Commission.
(3) The chairman shall preside at all meetings of the Commission, and if the
chairman is absent from a meeting the
members of the Commission present shall elect one of their number to preside at the
meeting.
(4)The quorum of the Commission shall be such number as the Minister shall from time to
time determine, not being less than one
half of the total number of the members of the Commission.
(5) The decisions of the Commission shall be by a majority of votes, and in addition to
an original vote the chairman or
other member presiding at the meeting shall have a casting vote in any case in which the
voting is equal.
(6) Minutes of each meeting
of the Commission shall be kept in proper
form and shall be confirmed as soon as practicable at a subsequent meeting.
(7) The validity of the
proceedings of the Commission shall not be
affected by any vacancy among the
members thereof or by any defect in the appointment of a member thereof.
(8) Subject to the provisions of this Schedule. the Commission may regulate its own
proceedings.
15. A member of the Commission who is directly or indirectly
interested in any matter which is being dealt with by the Commission:-
(a)shall as soon as possible after the relevant facts have come
to his knowledge disclose the nature of his interest at a meeting of the Commission: and
(b)shall not take part after the disclosure in any deliberation or
decision of the Commission with respect to that matter.
PART
II. Financial Provisions, Accounts and Reports
16. The funds and resources of the Commission shall consist
of:-
(a) sums placed at its disposition pursuant to the provisions of section 28 or
section 31 of this Act.
(b) moneys collected as penalties under section 14;
(c)all other sums or property which may in any manner become
payable to or vested in the Commission in respect of any matter incidental to its
functions under this Act or any other enactment.
17. Subject to paragraph 21, the funds of the
Commission shall be of funds applied for the purposes authorized by this Act or any other
enactment in relation to the functions of the Commission.
18.(1) Subject to the provisions of sub-paragraph (2), the
Commission may borrow sums required by it for meeting any of its obligations or is
charging any of its functions.
(2) The power of the Commission to borrow shall be exercisable only with the approval
of the Minister responsible for finance as to the amount, as to the source of borrowing
and as to the terms on which the borrowing may be effected, and an approval given in any
respect for the purpose of this sub paragraph may be either general or limited to a
particular borrowing or othewise, and may be either unconditional or subject to
conditions.
19.-(1) The Minister may from time to time make advances to
the Commission
out of the moneys provided by Parliament for the purpose.
(2) With the approval of the House of Representatives, the Minister responsible for
finance may guarantee the repayment of the payment of interest on any authorized
borrowings of the Commission made otherwise than by way of advance under sub-paragraph
(1).
(3) Where the Minister responsible for finance
is satisfied that there has been
default in the repayment of any principal moneys or in the payment of interest guaranteed
under this paragraph, he shall direct the repayment, or as the case may be, the payment,
out of the Consolidated Fund of the amount in respect of which there has been such
default, and any such repayment or payment shall be a charge on the Consolidated Fund.
20. The Commission shall make to the Accountant-General, at
such times and in such manner as the Minister may direct, payment of such amounts as may
be so directed in or towards repayment of advances made to the Commission under paragraph
19, and of any sums issued in fulfillment of any guarantee given thereunder, and payments
of interest on any sum outstanding for the time being in respect of such advances and of
any sums so issued at such rates as the Minister may direct, and different rates of
interest may be directed as respects different advances or sums and as respects interest
for different periods.
21. The Commission shall establish and maintain such
reserves as it considers necessary and as the Minister may from time to time approve.
22.-(1) The Commission shall keep proper accounts and other re. Accounts cords in
relation to the business of the Commission and shall prepare and audit. annually a
statement of accounts in a form satisfactory to the Minister, being a form which shall
conform with the best commercial standards.
(2)The accounts of the Commission shall be audited by an auditor or
auditors appointed annually by the Commission and approved by the Minister.
(3) So soon as the accounts of the Commission have been audited, the Commission shall
send the statement of its accounts referred to in sub-paragraph (1) to the Minister
together with a copy of any report made by the auditors on that statement or on the
accounts of the Commission.
(4) The auditors' fees and expenses of the audit shall be paid by the Commission.
(5)The Auditor-General shall be entitled, on the direction of the Minister, at all
reasonable times to examine the accounts and other records in relation to the business of
the Commission.
23.-(1) The Commission shall, within four months after the end of each financial year
or such longer period as the Minister may in special circumstances approve, cause to be
made and transmit to the Minister a report dealing generally with the activities of the
Commission during the preceding financial year, and containing such information relating
to the proceedings and policy of the Commission as can be made public without detriment to
the interests of the Commission.
(2)The Minister shall cause a copy of the report together with the
annual statement of accounts and auditors' report on that statement or on the accounts of
the Commission to be laid on the Table of the House of Representatives and of the Senate.
(3)Copies of the Commission's report together with the annual statement
of accounts and auditors' report on that statement or on the accounts of the Commission
shall be published in such manner as the Minister may direct and, shall be made available
to the public by the Commission at a reasonable price.
24.(1) The income of the Commission shall be exempt from income
tax.
(2) The Commission shall be exempt from stamp duty on all instruments executed by
it or on its behalf.
(3) There shall be exempt from taxation under the Transfer Tax Act any
transfer by the Commission of property belonging to it or of any right or interest
created, in, over or otherwise with respect to any such property.
PART
III. Staff
25.-(1) Subject to the provisions of this paragraph, the
Commission may appoint and employ at such remuneration and on such terms
and conditions as it thinks fit a manager, a secretary and such other officers,
servants and agents as it thinks necessary for the proper carrying out of its functions: Provided that no salary exceeding seven thousand five hundred
dollars per annum shall be assign to any post without the prior approval of
the Minister.
- The Governor-General may, subject to such conditions as he may impose, approve of the
appointment of any officer in the service of the Government to any office with the
Commission and any officer so appointed shall, while so employed, in relation to pension,
gratuity or other allowance, and in relation to other rights as a public officer, be
treated as continuing in the service of the Government.
26.-(1) It shall be lawful for the Commission, with the approval of the
Minister:-
(a) to enter into arrangements respecting schemes whether by way benefits of
insurance policies or not,
(b) to make regulations,
for pensions, gratuities and other retiring or disability or death benefits
relating to employees of the Commission, and such arrangements or regulations may
include provisions for the grant of benefits to the dependants and the legal personal
representatives of such employees.
(2) Schemes or regulations under this paragraph may be made
to have retroactive effect to a date not earlier than the first day of July. 1973.
SECOND SCHEDULE (Sections 22 and 65)
The Licensed Betting Offices Rules, 1965
1. These Rules may be cited as the Licensed Betting Offices Rules,1965.
2.-(1) The times during which licensed premises may be opened to effect betting
transactions shall be-
7:00 a.m. to 6:00 p.m. (Monday to Thursday)
7:00 a.m. to 7:30 p.m. (Friday)
7:00 a.m. to 6:00 p.m. (Saturday)
Provided that:-
(a) on the Thursday immediately preceding Good Friday, the time for opening
shall be 7: 00 a.m. to 7: 30 p.m.;(b) when horse racing is held in Jamaica on any day on an approved racecourse,
the time for opening shall be 7:00 a.m. to one-half-of-an-hour before the scheduled time
for the start of the first race on such day.
(2) Licensed premises shall be closed throughout Good Friday and
every Sunday and at all other times (other than the times for opening specified in
sub-paragraph (1) ), and shall not be used for any purpose other than the effecting of
betting transactions or pool betting.
3. No person who is apparently under the age of eighteen
years. or who is known to any person connected with the licensee's business and present on
the licensed premises to be under that age, shall be admitted to or allowed to remain on
those premises, so, however, that in any proceedings for a contravention of this rule in
respect of a person apparently under the said age it shall be a defence to prove that at
the time of the alleged contravention he had in fact attained that age.
4. The licensee:-
(a) shall display his betting office licence on the licensed premises;
(b) shall exhibit on those premises such notice in such form and size and in
such position as may be prescribed; and
(c)shall comply with any prescribed restrictions with respect to
the exhibiting of other written matter or of signs of any description on the licensed
premises.
5. Neither the licensee nor any servant or agent of his shall. While any other person
is on the licensed premises, encourage him to bet.
6. No facilities for:-
(a) seeing any television broadcast; or
(b) hearing any sound broadcast,
comprising matter other than information relating to events in
connection with which betting transactions may be or have been effected on the licensed
premises, shall be provided or allowed to be used on the licensed premises, and neither
the licensee nor any servant or agent of his shall cause or permit any such facilities to
be provided at any place under his control in such a manner that they can be enjoyed by
persons resorting to the licensed premises; and no music, dancing or other entertainment
shall be provided or allowed, and no refreshment of any kind shall be served, on those
premises.
7. Except for the licensee and any servant or agent of
his, no person resorting. to the licensed premises shall be allowed to use any means of
direct access between the licensed premises and other premises used for the effecting with
persons resorting to those other premises of trans. actions other than betting
transactions.
8. Any licensee or any servant or agent of a licensee contravening
any of the provisions of these Rules shall be guilty of an offence as provided in
subsection (1) of section 22 of the Act.
THIRD SCHEDULE (Sections 25 and 65)
Totalisators on Racecourses
1. (1) The person by whom a totalisator is operated (in this
Schedule
referred to as "the operator") shall take all such steps as are necessary to
secure that, so long as the totalisator is in use. it is in proper working
order and is properly operated in accordance with this Schedule and with the approved
terms.
(IA) The operator may accept bets at the totalisator from
persons betting at the track or at premises approved pursuant to section 24 on
horse-races conducted overseas which are transmitted by live television broadcast to the
track or to those premises.
(IB) The operator may accept bets by means of telephone communication from
persons who are not present at the approved racecourse or the premises approved pursuant
to section 24.
(2) In this paragraph "approved terms" means terms
(a) notified by the operator to the Commission
as being terms on
which the operator proposes to operate the totalisator; and
(b) in relation to which the Minister's approval in writing has been granted and
has not been withdrawn either at the request of the operator or by the Commission in its
own discretion.
2. The operator shall. before receiving any bets in connection with any race, post in a
conspicuous position on the track a notice showing the minimum stake (hereinafter referred
to as "the betting unit") which will be accepted at the totalisator from persons
betting on that race; and that notice shall also--
(a) specify the percentage which will be deducted by the operator from amounts staked
by means of the totalisator, and
(b) if the terms on which the operator invites persons to bet
include such a condition as is mentioned in paragraph 4, specify the time referred to in
that paragraph.
3. The operator shall, in the case of any bets made by means of the
totalisator on any race or combination of races:-
(a)deduct from the aggregate amount staked:-
(i) any sums payable by the operator by way of pool betting duty or
entertainment duty or any other duty or tax imposed by law in respect of those bets; and
(ii)the Percentage specified in the notice posted in pursuance of paragraph 2; and
(b) subject to paragraphs 4 and 5, distribute the whole
of the
remainder of that amount among the persons making such of those bets as are winning bets.
4.The terms on which the operator invites persons to bet by means of
the totalisator may include- a condition Entitling the operator to retain any sum payable
to a person winning a bet unless she money won on the bet is claimed before such time, not
being earlier than forty eight hours after the conclusion of the race, or as the case may
be, of the last of the races, in connection with which the bet was made, as may have been
specified in the notice posted in pursuance of paragraph 2.
5 Where the number of cents in the amount payable in respect of each
betting unit staked by a person winning a bet is not exactly divisible by ten,
then:-
(a) if the remainder does not exceed five cents, it may be
retained by the operator; but
(b)if the remainder exceeds five cents. the amount payable in
respect of each betting unit staked by the said person shall be deemed to be increased to
the next greater number of cents which is so divisible.
6. (1) The Commissioner of Inland Revenue and any Person authorized
in that behalf in writing by the Commissioner of Inland Revenue or the Commission may at
all reasonable times enter the premises in which the totalisator is set up and examine any
part of the mechanism and test and watch the working thereof, and may require the operator
or any servant of his to give them all such information, and to produce to them all such
accounts, books and other documents, as they consider necessary for the purpose of
ascertaining whether the provisions of this Schedule are being complied with.
(2) Every Person who:-
(a) obstructs any of the persons upon whom powers are conferred by or
pursuant to sub-paragraph (1) in the exercise of any of those powers; or
(b) neglects or refuses to give to any of the said persons any such information, or to
produce to him any such document as may have been called for by him in pursuance of
sub-paragraph (1); or
(c) knowingly gives to any of the said persons any information
which is false or misleading, shall be guilty of an offence.
7. The operator shall, within seven days after the close of each
month, submit to the Commissioner of Inland Revenue for examination by him a complete
statement of account for that month, giving all such information as the Commissioner of
Inland Revenue may require for the purpose of ascertaining whether the provisions of this
Schedule have been complied with and the Commissioner of Inland Revenue shall furnish the
Commission with a copy of any such statement of account upon the Commission's written
request.
8.The Commissioner of Inland Revenue shall examine the statement of account
submitted to him under paragraph 7 and shall, so often as he thinks proper. carry out, or
cause to be carried out, such inspection as he considers necessary for the purpose of
ascertaining whether the provisions of this Schedule are being complied with.
9. The Commissioner of Inland Revenue shall retain for a period of two
years all statements of account submitted to him as aforesaid.
10. If an operator contravenes any of the provisions of this Schedule he shall be
guilty of an offence.
FOURTH SCHEDULE
Caymanas Track Limited
FIFTH SCHEDULE
PART 1
THE BETTING, GAMING AND LOTTERIES ACT
Application for Licence to Operate Excepted
Machine on Prescribed Premises
Instructions: (i) Complete in BLOCK LETTERS
(ii) Separate application should be made for each location.
