BOARD OF APPEAL.
47(a) Notwithstanding anything contained to the contrary in these Articles or in the Rules of Racing of the Club or in any law for the time being in force, only the person aggrieved by any decision or order of the Stewards of the Club shall be entitled to prefer an Appeal in writing from such decision or order to a Body called "The Board of Appeal" (hereinafter called "The Board"). Such appeal shall be heard, determined and disposed off by the Board in accordance with the provisions hereinafter contained. The Board shall be constituted as hereinafter provided.
EXPLANATION (1) :-
Any punishment/fine imposed by the Stewards of the Club (which has not been appealed against) and which is, at the time of imposition or subsequently suspended by them, shall become appealable to the Board by the aggrieved party when such suspended sentence is invoked by the Stewards of the Club or when it automatically comes into force.
(b) If, during the pendency of any Appeal, or at any time the Board on an application being made to it or suo-moto is satisfied that fresh evidence is forthcoming relating to the matter which is or was the subject matter of the Appeal, the Board shall remand the case back to the Stewards of the Club for their decision in the matter.
(c) CONSTITUTION OF THE BOARD OF APPEAL: The Stewards of the Club shall constitute a Board of Appeal which will be approved by The General Body of the Club at the AGM and will consist of seven members to decide all appeals arising from every decision or order of the Stewards of the Club imposing a penalty of punishment of any kind directly or indirectly on any person in connection with racing under Rules of Racing. The decision of the Board of Appeal shall be final.
In constituting the members of the Board of Appeal, seven members of the Turf Club shall be nominated for this purpose at a General Meeting held in March of each Calendar Year, provided that in the event of death or resignation of any such person, the Stewards may fill the vacancy so caused by nominating some other members to this office until the following March. As far as possible, such members shall be the former Stewards of the Turf Club. The members so nominated shall as soon as possible thereafter meet and elect from among themselves a Chairman of the said Committee, who shall preside at any subsequent meeting thereof.
48(a) Three Members of the Board shall form a quorum for the transaction of business. Decisions or orders shall be decided by a majority of votes and in the event of an equality of votes, the Chairman of the Board of Appeal shall have the right to a second or casting vote. If at any Meeting the Chairman of the Board of Appeal be not present within 15 minutes of the time appointed for the Meeting, the other members present shall choose from among themselves any one of them to be Chairman of that Meeting.
(b) It is expressly provided that a stay application may be heard by any single Member of the Board, if the emergency of the case so requires.
49.(a) Any person desiring to prefer an Appeal as aforesaid shall deposit and pay in the Office of the Secretary a fee of Rs.2,500/- together with such Appeal, which sum or any part thereof may or may not be refunded to such person, at the sole discretion of the Board.
(b) No appeal shall be admitted by the Board unless it be filed in the Office of the Secretary, strictly in accordance with the provisions of Rule 46 (a). If no such appeal is filed within the stipulated time, the decision of the Stewards of the club shall stand.
(c) Every Appeal shall as far as possible be heard and finally disposed of within 15 (fifteen) days from the date of the filing thereof. Provided, however, that if any aggrieved person shall make an Application in any such Appeal to the Board for stay of any decision or order of the Stewards of the Club pending the hearing and final disposal of the Appeal, the Board may, after hearing such person, in its discretion grant a stay thereof to such person and upon such terms and conditions as it may think fit pending the hearing and final disposal of the Appeal. Such Stay Application for stay shall be heard and disposed of by the Board as soon as possible from the date of the filing of such Stay Application.
(d) In any Appeal heard by the Board the aggrieved person, i.e. the Appellant, shall be entitled to appear in person and/or along with his spokesman (not being a practicing Lawyer) and to represent him and plead his Appeal before the Board. The Board shall not in any event call any Steward of the Club or Steward of the Meeting to give evidence or assistance in person.
(e) The Board may in its discretion either uphold or modify any decision or order given or made by the Stewards of the Club or wholly or partly set aside and annul the same or may even enhance any punishment or fine awarded by the Stewards of the Club which in any event shall be subject to the provisions contained in that behalf in the Rules of Racing of the Club. All decisions of the Board of Appeal shall be communicated by a reasoned order.
(f) The Secretary or such other person duly authorised by the Committee of the Club, shall act as the Secretary of the Board.
(g) Subject to the provision of the foregoing Articles (Rules), the Board shall in all other respects be governed by the provision of the Articles of Association and Rules of Racing of the Club.
GENERAL CONDITIONS APPLICABLE TO STEWARDS OF THE MEETING, STEWARDS OF THE CLUB, MEMBERS OF THE BOARD OF APPEAL.
50(a) No person who is a Steward of the Meeting, Steward of the Club, Member of the Board of Appeal, shall bet at races where ever these rules are in force.
(b) A person can either be a Steward/ Steward of the Club or Member of the Board of Appeal, but not both.
(c) No person who is a Steward of the Meeting, Steward of the Club or a Member of the Board of Appeal, shall sit at an enquiry / hearing, if he has any direct or indirect interest in any horse, retained jockey, trainer or the person involved in the enquiry / hearing in question.
51. The Stewards of the Club shall at all times have all the powers and duties conferred to the Stewards of the Meetings under these rules.
51(a) In any enquiry/appeal before the Stewards of the Meeting/Stewards of the Club (as the case may be), the person against whom such enquiry/appeal is pending, shall be entitled to appear in person and/or along with his spokesman (not being a practicing lawyer) to represent him and plead on his behalf.
(b) Notwithstanding the above, no spokesman will be permitted where such person is called upon to appear before the Stewards of the Meeting/Stewards of the Club (as the case may be), at any enquiry/appeal/proceeding, conducted on an objection taken on a race and further the concerned person shall have to appear alone and no spokesman shall be permitted in any enquiry/proceeding (including preliminary enquiry) conducted by the Stipendiary Stewards or any other duly authorized Officials of the Club.
(c) Where any person refuses or fails to appear, without prior consent or without assigning proper reason, before the Stewards of the Meeting/Stewards of the Club or Board of Appeal in person and/or along with his spokesman, the Stewards of the Meeting/Stewards of the Club/Board of Appeal (as the case may be), would be entitled to proceed with the matter before them exparte and to give their decision thereon which shall be final and binding on the person concerned.
(d) Where a spokesman is unable to appear before the Stewards of the Meeting/Stewards of the Club/Board of Appeal, for any reason whatsoever, such inability shall not be a ground for the concerned to seek any adjournment of the Meeting and the Stewards of the Meeting/Stewards of the Club/Board of Appeal (as the case may be), shall be entitled to proceed with any matter before them in the absence of such spokesman or, at their sole discretion, may allow the matter to be adjourned to another day.
(e) Any statement/admissions made by the spokesman on behalf of the person concerned shall be deemed to be made by the person concerned himself and shall be binding on him.
OFFICIALS; SECRETARY; STIPENDIARY STEWARDS; HANDICAPPER; CLERK OF THE SCALES; JUDGE; VETERINARY OFFICER.
52. The following officials shall be appointed by the Stewards of the Club for every meeting viz., Secretary, Stipendiary Steward or Stewards, Handicapper, Clerk of the Course, Clerk of the Scales, Judge, Starter, Veterinary Officer, and such other officials and assistant officials as may be necessary.
53. An Official may hold more than one appointment at the same time and shall perform all functions delegated to him by the Stewards of the Club.
54. In cases of emergency, the Stewards may during a meeting appoint a substitute to fill any of the above named offices for the race day only.
55. Every complaint against an official shall be made to the Stewards in writing signed by the complainant.
56. Every official shall be indemnified by the Club against any legal proceedings instituted against them in respect of any act or things done by them in the course and within the scope of their duties under these Rules or in obeying an order or instructions of the Stewards.
57. The Secretary or his authorised substitute is the sole person responsible to the Stewards for the general arrangements of the meeting and shall see that all courses are properly measured and marked.
58. The Secretary shall arrange for the publication under the sanction of the Stewards of a daily official card of races containing the conditions of each race as published in the Racing Calendar the names or other descriptions of the horses engaged with a number attached to each and such further particulars as the Stewards may require.
59. The Secretary shall see that at all meetings, where a charge is made for the admission of the public to the paddock, all horses running at the meeting shall be brought into the paddock. In the case of any horse not being brought into the paddock, the trainer shall be reported to the Stewards.
60. The Secretary shall have in his possession, a list of persons disqualified and of persons warned off, and of trainers and riders reported.
61. The Stewards of the Club may from time to time appoint such number of fit persons as they deem necessary to be Stipendiary Stewards for the purpose of these Rules.
(a) Every Stipendiary Steward shall be under the supervision and control of the Stewards and shall obey all orders and instructions given to them from time to time by the Stewards with reference to the carrying out of the duties of their office.
(b) The Stipendiary Stewards shall make themselves conversant with and from time to time report to the Stewards/Stewards of the Club any improper conduct of any owner/ licenced person under these Rules and shall also report any other matters which, in their opinion, might influence the Stewards of the Club in granting or refusing or suspending or withdrawing licenses/ permission to own and race horses.
(c) Every Stipendiary Steward shall at all times be admitted free to all Race Courses conducting racing under these Rules and to every part thereof and in the performance of his duties shall have the right of entry into any room in any building thereon and all race horse stables.
(d) A Stipendiary Steward may request the Stewards to investigate any matter reported to them by him, and the Stewards shall there upon investigate such matter.
(e) The Stipendiary Steward shall have power to investigate and hold an enquiry into any matter arising in connection with the Rules of Racing and which in their opinion, requires investigation. They shall investigate any other matter which they are directed by the Stewards or the Stewards of the Club to investigate.
(f) The Stipendiary Stewards are empowered to fine any licence holder under these Rules except an Official, a sum fixed by the Stewards of the Club from time to time, for any offenses as the Stipendiary Stewards may consider not sufficiently serious for reference to the Stewards. All fines to be reported to and to be subject to appeal to the Stewards of the Meeting.
62. The Handicapper shall apportion the weights to be carried in all handicaps, and no alteration shall be made after publication except that, by express permission of the Stewards a weight may be allotted to a horse duly entered whose name or weight has been omitted from the Handicap. At any time before the declaration stage of a race if the Handicapper finds or is informed that an error has occurred in the handicaps allotted by him, he may, with the prior approval of the Stewards of the Club correct such error of the weight, and if at any time, whether before or after the declaration stage of a race, it comes to the knowledge of the Stewards that an error for any reason whatsoever has occurred in the classification and for rating of a horse by the Handicapper, the Stewards may, in their absolute discretion, order that the concerned horse be withdrawn from the race and the owner/s and trainer of the horse shall be bound to follow such order. The owner/s and trainer of such withdrawn horse/s shall not be entitled to any claims in the event of any such withdrawal.
(a) All complaints regarding handicapping must be made in writing and lodged with the Secretary of the Club for reference to the Stewards or Stewards of the Club.
CLERK OF THE SCALES
63. The Clerk of the Scales shall exhibit the number (as allotted on the Official Card) of each horse declared to start.
64. If extra weight or any variation from the weight appearing on the card, be declared at scale for any horse, such weight shall be exhibited with the number, also any alteration of colours.
65. The Clerk of the Scales shall in all cases, except under the provision of Rule 177 weigh in the riders of the horses placed by the Judge, and report to the Stewards any jockey not presenting himself to be weighed in.
66. The Judge or his authorised substitute must occupy the Judge's Box at the time the horses pass the winning post failing which the Stewards shall order the race to be run again the same day, if practicable, but if otherwise it shall be void. He must announce his decision immediately or after consulting the photograph and shall base his decision exclusively on the position of the horse's noses at the time they pass the winning post. Such decision shall be final unless an objection to the winner or any placed horses is made and sustained provided that this rule shall not prevent a Judge from correcting any mistake, such correction being subject to confirmation by the Stewards provided also that the Weighed In signal has not already been given.
(a) The Judge shall at the close of each day's racing sign a report of the result of each race.
67. The Stewards of the Club shall appoint a Veterinary Officer and such of his Assistants as may be necessary.
(a) The Veterinary Officer shall report to the Stewards the detection of any drug or medication prohibited under these Rules, having been administered to horses under the charge of a licenced Trainer.
(b) The Veterinary Officer shall be responsible for collection of swabs of saliva and samples of urine or blood as the case may be, for the purposes of analysis as directed by the Stewards of the Meeting.
(c) A horse which has in the opinion of the Stewards suffered from bleeding, lameness or any other ailment shall not, without permission of the Stewards start in any race without being first certified fit to race by the Club's Veterinary Officer in accordance with the ruling on bleeders as framed and amended from time to time.