GOVERNMENT RULES

1. Interpretation clause.-In this Act- tc "1. Interpretation clause.-In this Act-" 1 [***] tc "6[***]" "Common gaming-house" means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place or otherwise howsoever. tc "\"Common gaming-house" means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, enclosure, room or place, whether by way of charge for the use of the instruments of gaming, or of the house, enclosure, room or place or otherwise howsoever." 2 [***] tc "7[***]" STATE AMENDMENTS tc "STATE AMENDMENTS" Assam: Assam Game and Betting Act, 1970 (18 of 1970) extends this Act to the whole of Assam, excluding the autonomous State of Meghalaya but including the City of Shillong. section 2 gives definition of "bet", "acceptance of bet", "Betting House", "instruments of betting", "records of betting", "District Magistrate", "District Superintendent of Police", 'person' 'valuable security', 'the Act' and 'invitation for betting' for the purpose of this Act in its application to Assam. [Vide Assam Act 18 of 1970, sec. 2.] Himachal Pradesh: In section 1, the following definitions shall be deemed to be substituted:- "Gaming" includes wagering or betting on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event, or in any other manner whatsoever except wagering or betting upon a horse race, when such wagering or betting upon a horse race takes place:-
(a) on the day on which such race is to be run, and
(b) in an enclosure which the stewards controlling such race have, with the sanction of the State Government, set apart for the purpose, but does not include a lottery; "Instrument of gaming" includes any article used as a means or an appurtenance of, or for the purpose, of carrying on or facilitating gaming and any document used as a register or record or evidence of any gaming and, in particular, satta papers that is to say, any document wherein may be recorded any words and/or figures evidencing bets and used or intended to be used for in connection with gaming; Explanation.-If any document is recovered from the possession of any person containing words and, or figures, which prima facie appear to evidence bets, it shall be presumed that the words and figures evidence bets and the document was used or intended to be used for gaming unless the person aforesaid proves to the contrary; 'Common gaming house' means any house or room or tent or enclosure or vehicle or vessel or any place whatsoever in which any instruments of gaming are kept or used for gaming purposes:-
(a) with a view to the profit or gain of any person owning, occupying, or keeping such house, room, tent, enclosure, vehicle, vessel or place whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel, place or instrument or otherwise howsoever,
(b) with or without a view to such profit or gain if the gaming for the purpose of which such instruments are so kept or used in gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event." Him. Pra. Act 30 of 1976, S. 2. Madhya Pradesh: In section 1(1) before the definition of "common gaming-house" the following definitions shall be inserted:- "'Gaming' includes wagering or betting but does not include a lottery." Any transaction by which person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever to wager or bet with another person shall be deemed to be 'gaming' The collection or soliciting of bets receipt or distribution of winnings or prizes in money or otherwise in respect of wagering or betting or any act which is intended to intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution shall also be deemed to be 'gaming' and "Instruments of gaming".-The expression 'instruments of gaming' includes any article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming the proceeds of any gaming and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.
(2) for the definition of 'common gaming-house', the following shall be substituted, namely:- "Common gaming-house means-
(i) in the case of gaming-
(a) on the market price of cotton, opium or other commodity or on the digits of the number used in stating such price; or
(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or
(c) on the market price of any stock or share or on the digits of the number used in stating such price, or
(d) on the occurrence or non-occurrence of rain or other natural event, or
(e) on the quantity of rainfall or on the digits of the number used in stating such quantity, any house, room, tent, enclosure, space, vehicle, vessel or any place whatsoever in which such gaming takes place or in which instruments of gaming are kept or used for such gaming;
(ii) in the case of any other form of gaming, any house, room, tent, enclosure, space, vehicle, vessel or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, space, vehicle, vessel, place or instrument or otherwise howsoever."-
[(C) P. Act 3 of 1927, sec. 2. and M.P. Acts 12 of 1954, sec. 2 (w.e.f. 26-3-1954); 23 of 1958, sec. 3 and Sch.] In the definition of "Common Gaming House" in clause (i),- (a) in item (e), insert the word 'or' at the end, and
(b) after item (e), insert the following item, namely:-
(f) on the digits or figures or signs or symbols or pictures used in stating the opening, middle or closing digits or figures or signs or symbols or picture declared for or in connection with worli matka gaming or any other form of gaming.-[Vide M.P. Act 47 of 1976, sec. 2 (6-10-1976)]. Manipur: In section 1-
(I) after the word 'enclosure', insert the words "Tent, Space, Vehicle" and
(II) add the following definitions after the definition of "common gaming house", namely:-"instrument of gaming" includes any article used as a means or appurtenance to or for the purpose of carrying on or facilitating gaming "gaming" includes wagering or betting but not include a lottery." Note. Act as amended in Uttar Pradesh, Punjab and Madhya Pradesh, subject to certain modifications and restrictions, had been extended to the Union territory of Manipur is now a State and the said amendments would continue to be in force thereat by virtue of section 77 of Act 81 of 1971.
[(S) R.O. 168, dated 30-1-1952, Gazette of India 1952. Pt. II, Sec. 3, p. 149; Act 81 of 1971, Sec.3.] Punjab: Haryana: Chandigarh: In its application to the State of Punjab, for the definition of common gaming-house in section 1, the following definitions shall be deemed to be substituted, namely:- "'Gaming' includes wagering or betting on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event, or in any other manner whatsoever except wagering or betting upon a horse-race when such wagering or betting upon a horse-race takes place
(a) on the day on which such race is to be run, and
(b) in any enclosure where such race is to be run, and sanction of the Provincial Government set apart from the purpose, but does not include a lottery. 'Instrument of gaming' includes any article used as a means of appertenance of, or for the purpose of carrying on or facilitating gaming, and any document used as a register or evidence of any gaming. 'Common gaming-house' means any house or room or tent or enclosure or vehicle or vessel or any place whatsoever in which any instruments of gaming are kept or used for gaming purposes
(a) with a view to the profit or gain of any person owning, occupying or keeping such house, room, tent, enclosure, vehicle, vessel, place whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel, place or instrument or otherwise howsoever;
(b) with or without a view to such profit or gain if the gaming for the purpose of which such instruments are so kept or used in gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, or on the occurrence or non-occurrence of any natural event." [Punjab Act 1 of 1929, sec. 3; 18 of 1958, sec. 3 Sch. 9 of 1960, sec. 2 (w.e.f. 28-1-1960), 31 of 1966, sec. 88]. Uttar Pradesh:
(i) The definition of 'gaming' is same as that of Punjab. The definition of 'instruments of gaming' is same as that of Punjab, except the last words in that definition, namely, 'and any document.....of any gaming' which do not occur.
[(U) P. Act 1 of 1917, sec. 2].
(ii) In section 1, for the definition of 'common gaming-house' substitute the following, namely:- "'Common gaming-house 'means-
(1) in the case of gaming on the digits of the sale price of any commodity, for example, opium or cotton, or on the digits of papers or bales manipulated from within jars or other receptacles, or on the occurrence or non-occurrence of any natural event, for example, rainfall or the quantity of rainfall, any house, room, tent, walled enclosure, space, vehicle, vessel or any place whatsoever in which instruments of gaming are kept or used for such gaming;
(2) in the case of any other form of gaming, any house, room, tent, walled enclosure, space, vehicle, vessel or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owing, occupying, using or keeping such house, room, tent, enclosure, space, vehicle, vessel or place whether by way of charge for the use of such house, room, tent, enclosure, space, vehicle, vessel, place or instrument, or otherwise howsoever."
[(U) P. Act 1 of 1917, sec. 2 and later by U.P. Act 1 of 1925, sec. 2].
(iii) in the definition of "instruments of gaming", colon at the end shall be deleted and the following shall be added:- "and, in particular, satta papers, that is to say, any document wherein may be recorded any words and/or figures evidencing bets and used or intended to be used for or in connection with gaming;"and
(iv) after the definition of 'instruments of gaming' add the following as explanation, thereto,- "Explanation.-If any document is recovered from the possession of any person containing words and/or figures, which prima facie appear to evidence bets, it shall be presumed that the words and figures evidence bets and the document was used or intended to be used for gaming, unless the person aforesaid proves to the contrary,"
[(U) P. Act 21 of 1961, sec. 2 (w.e.f. 7-9-1961)].
2. Power to extend Act.- 3 [Sections 13 and 17] of this Act shall extend to the whole of the 4 [said States] and it shall be competent to the 5 [State Government], whenever it may think fit, to extend, by a notification to be published in three successive numbers of the official Gazette, all or any of the remaining sections of this Act to any city, town, suburb, railway, station-house and place being not more than three miles distant from any part of such station-house within the 6 [States], and in such notification to define, for the purposes of this Act, the limits of such city, town, suburb or station-house, and from time to time, to alter the limits so defined. From the date of any such extension, so much of any rule having the force of law which shall be in operation in the territories to which such extension shall have been made, as shall be inconsistent with or repugnant to any section so extended, shall cease to have effect in such territories. State Amendments Himachal Pradesh.-For the first paragraph of section 2, the following paragraph shall be deemed to be substituted, namely:- "Sections 13 and 17 of this Act shall extend to the whole of the State of Himachal Pradesh, and it shall be competent to the State Government, whenever it may think fit, to extend by a notification to be published in the Official Gazette, all or any of the remaining sections, of this Act to any area within the territory of Himachal Pradesh."
[(H) P. Act 30 of 1976, sec. 3]. Madhya Pradesh.-In section 2-
(a) omit the words "three successive numbers of".
[(M) P. Act 25 of 1950, sec. 2 (w.e.f. 3-11-1950)].
(b) for the words "and place being not more than three miles distant from any part of such station house" substitute the words "or local area";
[(C) P. Act 3 of 1927, sec. 3].
(c) for the words "within the State" substitute the words "within the Mahakoshal region";
[(M) P., A.L.O.,1956].
(d) for the words within the "Mahakoshal region" substitute the words "within the State";
[(M) P. Act 23 of 1958, sec. 3 Sch., Part A, item 3].
(e) for the words "or station-house" substitute a comma and the words "station-house or local area".
[(C) P. Act 3 of 1927, Sec. 3].
(Manipur) For Para 1, substitute the following,- "Sections 13 and 17, as amended by this notification, of this Act shall extend to the whole of Manipur and it shall be competent to the Chief Commissioner whenever he may think fit to extend, by notification to be published in three successive numbers of the Official Gazette, all or any of the remaining sections of this Act to any local area subject to his administration and in such notification to define, for the purpose of this Act limits of such area, and from time to time to alter the limits so defined."
[(S) R.O. 168, Dated 30-1-1952, Published in the Gazette of India, 1952, Pt. II, Sec. 3, p. 149, dated 2nd February, 1952]. Punjab: Haryana: Chandigarh. In its application to the State of Punjab, for the first paragraph of section 2, the following paragraph shall be substituted, namely:- "Sections 13 and 17 of this Act shall extend to the whole of the said territories, and it shall be competent to the State Government whenever it may think fit, to extend by notification, all or any of the remaining sections of this Act to any area within the territories administered by the State Government." [Punjab Acts 1 of 1929, sec. 3; 18 of 1958, sec. 3 and Sch.: 31 of 1966, sec. 88]. Sections 3, 4, 4A, 5 to 11, 13A, 13B, 14, 15, 15A, 15B and 18 of the said Act have been extended to the whole of Punjab. [See Punjab Gazette, Pt. III (L.S.), p. 121, dated 27th January, 1964]. Uttar Pradesh. For the first paragraph of section 2, the following paragraph shall be substituted, namely:- "Sections 13 and 17 of this Act shall extend to the whole of the said territories; and it shall be competent to the State Government whenever it may think fit to extend, by a notification to be published in the Official Gazette, all or any of the remaining sections of this Act to any area within the Uttar Pradesh."
[(U) P. Act 5 of 1919, sec. 2].
4. Penalty for being found in gaming-house. Whoever is found in any such house, walled enclosure, room or place, playing or gaming with cards, dice, counters, money or other instruments of gaming or is found there present for the purpose of gaming, whether playing for any money, wager, stake or otherwise, shall be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description, as defined in the Indian Penal Code (45 of 1860), for any term not exceeding one month; and any person found in any common gaming-house during any gaming or playing therein shall be presumed, until the contrary be proved, to have been there for the purposes of gaming. STATE AMENDMENTS Himachal Pradesh. In section 4 Same as that of under section 3. [Himachal Pradesh Act 30 of 1976, Sec. 4]. Madhya Pradesh.-In section 4,-
(i) for the words "house, walled enclosure, room or place" wherever they occur, the words "house, room, tent, enclosure, space, vehicle, vessel or place" shall be substituted.
[(C) P. Act 3 of 1927, sec. 4].
(ii) for the words "one hundred rupees", the words "five hundred rupees" and for the words "one month", the words "four months" shall be substituted.
[(M) P. Act 25 of 1950, sec. 4 (w.e.f. 3-11-1950)].
(Manipur) -In section 4,- Same as in M.P. (ii).
[(S) R.O. 168, dated 30th January, 1952, Gazette of India, 1952, Pt. II, Sec. 3, p.149]. Punjab: Haryana: Chandigarh.-Same as that of Madhya Pardesh (i). [Punjab Act 1 of 1929, sec. 4; 18 of 1958, sec. 3 and Sch.; 31 of 1966, sec. 88]. Uttar Pradesh. In section 4,-
(i) for the words "house, walled enclousure, room or place" wherever they occur, the words house, room, tent, walled enclosure, space, vehicle, vessel or place shall be substituted.
[(U) P. Act 1 of 1917, sec. 3].
(ii) for the words "one hundred rupees" substitute the words "three hundred rupees".
[(U) P. Act 34 of 1952, sec. 3 (w.e.f. 5-12-1952)].
(iii) in section 4 in the marginal note, between the words 'found in'and 'gaming house', add the words 'or in the immediate vicinity of'.
(iv) (a) in para. 1 of section 4, between the words "is found there present" and "for the purpose of", add the words "or in the immediate vicinity thereof"; and b) words beginning with "shall be liable to a fine" and ending with "exceeding one month" shall be deleted and the following shall be substituted therefor:- "shall be liable in the case of a first offence to a fine not exceeding three hundred rupees nor less than one hundred rupees or to rigorous imprisonment for any term not exceeding one month, and in the case of any subsequent offence to a fine not exceeding five hundred rupees nor less than two hundred rupees and to rigorous imprisonment for a term not exceeding six months nor less than one month."
(v) in para 2, between the words "common gaming house" and "during any gaming", add the words "and any person found in the immediate vicinity thereof with any instument of gaming".
[(U) P. Act 21 of 1961, sec. 4 (w.e.f. 7-9-1961)]. Himachal Pradesh. Insert section 4A. Same as that of Punjab, Haryana and Chandigarh. Madhya Pradesh. After section 4, insert the following section 4A:-
5. Powers to enter and authorise police to enter and search. If the Magistrate of a district or other officer invested with the full powers of a Magistrate, or the District Superintendent of police, upon credible information, and after such enquiry as he may think necessary, has reason to believe at any house, walled enclosure, room or place, is used as a common gaming-house; tc "5. Powers to enter and authorise police to enter and search. If the Magistrate of a district or other officer invested with the full powers of a Magistrate, or the District Superintendent of police, upon credible information, and after such enquiry as he may think necessary, has reason to believe at any house, walled enclosure, room or place, is used as a common gaming-house;" he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the 9 [State Government] shall appoint in this behalf to enter, with such assistance as may be found necessary, by night or by day, and by force, if necessary, any such house, walled enclosure, room or place; tc "he may either himself enter, or by his warrant authorise any officer of police, not below such rank as the 1[State Government] shall appoint in this behalf to enter, with such assistance as may be found necessary, by night or by day, and by force, if necessary, any such house, walled enclosure, room or place;" and may either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming; tc "and may either himself take into custody, or authorise such officer to take into custody, all persons whom he or such officer finds therein, whether or not then actually gaming;" and may seize or authorise such officer to seize all instruments of gaming and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein; tc "and may seize or authorise such officer to seize all instruments of gaming and all moneys and securities for money, and articles of value, reasonably suspected to have been used or intended to be used for the purpose of gaming, which are found therein;" and may search or authorise such officer to search all parts of the house, walled enclosure, room or place, which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody; tc "and may search or authorise such officer to search all parts of the house, walled enclosure, room or place, which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody;" and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search. tc "and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search." STATE AMENDMENTS tc "STATE AMENDMENTS" Himachal Pradesh: In section 5, same as that of under section 3 [Himachal Pradesh Act, 30 of 1976, sec. 4]. Madhya Pradesh: In section 5,-
(i) for the words "house, walled enclosure, room or place" wherever they occur, the words "house, room, tent, enclosure, space, vehicle, vessel or place" shall be substituted;
[(C) P. Act 3 of 1927, sec. 4].
(ii) in the first paragraph, after the words "or the District Superintendent of Police; insert the words "or the Deputy or the Assistant Superintendent of Police"; and
(iii) in the fourth paragraph, add at the end the following words, namely:- "and also all moneys and securities for money found on the person of such persons as are found playing or gaming or found there present for the purpose of gaming within the meaning of section 4".
[(M) P. Acts 25 of 1950, sec. 5 (w.e.f. 3-11-1950); 23 of 1958]. Manipur: In section 5, in paragraph 1,-
(i) for the words "Magistate of a District", substitute the words "District Magistrate";
(ii) after the words "walled enclosure", insert the words "tent, space, vehicle,";
(iii) as in M.P. (iii).
[(S) R.O. 1168, dated 30th January, 1952, published in the Gazette of India, Pt. II, Sec. 3, p.149, dated 2nd February, 1952]. Punjab: Haryana: Chandigarh: Same as that of Madhya Paradeh (i). [Punjab Act 1 of 1929, sec. 4; 18 of 1958, sec. 3; 31 of 1968, sec. 88]. Uttar Pradesh: In section 5,-
(i) for the words "house, walled enclosure, room or place" wherever they occur, the words "house, room, tent, walled enclosure, space, vehicle, vessel or place" shall be substituted;
[(U) P. Act 1 of 1917, sec. 3].
(ii) in para 1, between the words "the District Superintendent of Police" and the words "upon credible information", add the words "or any police officer of gazetted rank especially empowered in this behalf by the State Government";
(iii) in para 3, delete the semi-colon and add the following words at the end: "and all persons found in the immediate vicinity there of with any instruments of gaming".
[(U) P. Act 21 of 1961, sec. 5 (w.e.f. 7-9-1961)]. Madhya Pradesh: After section 5, insert the following section 5A:-
5A. Seizure of register, record or writing. If the District Magistrate or the Additional District Magistrate or a Police Officer not below the rank of Assistant Superintendent of Police is of the opinion that any register, record or writing of any kind whatsoever which contains digits of figures or signs or symbols or pictures or combination of any two or more of such digits, figures, signs, symbols or pictures relates to worli matka gaming or some other form of gaming, he shall be entitled to seize the same and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade industry, business, profession or vocation of any lawful personal transaction of any person or it is otherwise not an instrument of gaming.
[(M) P. Act 47 of 1976, sec. 4 (w.e.f. 6-10-1976)].
6. Finding cards, etc., in suspected houses, to be evidence that such houses are common gaming-houses.-When any cards, dice, gaming-tables, cloths, boards or other instruments of gaming are found in any house, walled enclosure, room or place entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear, that such house, walled enclosure, room or place, is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Magistrate or police officer, or any of his assistants. STATE AMENDMENTS Himachal Pradesh. In section 6, same as that of under section 3. [Himachal Pradesh Act 30 of 1976, sec. 4]. Madhya Pradesh. In section 6, for the words "house, walled enclosure, room or place" wherever they occur, the words "house, room, tent, enclosure, space, vehicle, vessel or place" shall be substituted.
[(C) P. Act 3 of 1927, sec. 4].
(Manipur) -Same as in Madhya Pradesh, Uttar Pradesh and Punjab
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, 1952, Pt.II, Sec. 3, p. 149]. Punjab: Haryana: Chandigarh.-Same as that of Madhya Pradesh (i). [Punjab Act 1 of 1929, sec. 4; 18 of 1958, sec. 3; 31 of 1966, sec. 88]. Uttar Pradesh.-(i) In section 6, for the words "house, walled enclosure, room or place" wherever they occur, the words "house, room, tent, walled enclosure, space, vehicle, vessel or place" shall be substituted.
[(U) P. Act 1 of 1917, sec. 3].
(ii) between the words and comma "who are found therein,", and the words "it shall be evidence", add the words and comma "found in the immediate vicinity thereof".
[(U) P. Act 21 of 1961, sec 6 (w.e.f. 7-9-1961)].
7. Penalty on persons arrested for giving false names and addresses.-If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this Act, upon being arrested, by any such officer or upon being brought before any Magistrate, on being required by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or shall give any false name and address, he may, upon conviction before the same or any other Magistrate, be adjudged to pay any penalty not exceeding five hundred rupees, together with such costs as to such Magistrate shall appear reasonable, and on the non-payment of such penalty and costs, or in the first instance, if to such Magistrate it shall seem fit, may be imprisoned for any period not exceeding one month. tc "7. Penalty on persons arrested for giving false names and addresses.-If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this Act, upon being arrested, by any such officer or upon being brought before any Magistrate, on being required by such officer or Magistrate to give his name and address, shall refuse or neglect to give the same, or shall give any false name and address, he may, upon conviction before the same or any other Magistrate, be adjudged to pay any penalty not exceeding five hundred rupees, together with such costs as to such Magistrate shall appear reasonable, and on the non-payment of such penalty and costs, or in the first instance, if to such Magistrate it shall seem fit, may be imprisoned for any period not exceeding one month." STATE AMENDMENTS
(Assam) -In section 7, for the words "five hunderd rupees" substitute the words "one thousand rupees". [Assam Act 18 of 1970, sec. 5 (w.e.f. 19-12-1970)]. Madhya Pradesh.-In section 7, for the words "five hundred rupees", the words "one thousand rupees" and for the words "one month", the words "four months" shall be substituted.
[(M) P. Act 25 of 1950, sec. 6 (w.e.f. 3-11-1950)].
(Manipur) -Same as in Madhya Pradesh.
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, Pt. II, Sec. 3, p.149, dated 2nd February, 1952].
(Punjab) -In section 7, for the words "before the some or any other Magistrate", substitute the words "before any Judicial Magistrate". [Punjab Act 25 of 1964, sec. 2 and Sch., Pt. II (w.e.f. 2-10-1964)]. Uttar Pradesh.-In section 7, between the words "person found in" and the words "any common gaming house", add the words and commas "or in the immediate vicinity of".
[(U) P. Act 21 of 1961, sec. 7 (w.e.f. 7-9-1961)].
8. On conviction for keeping a gaming-house, instruments of gaming to be destroyed.-On conviction of any person for keeping or using any such common gaming-house, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited or, in his discretion, may order any part there of to be returned to the persons appearing to have severally thereunto entitled. tc "8. On conviction for keeping a gaming-house, instruments of gaming to be destroyed.-On conviction of any person for keeping or using any such common gaming-house, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed, and may also order all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have severally thereunto entitled." STATE AMENDEMENT Uttar Pradesh.-In section 8,-
(i) for the word 'may', occurring between the word 'and' and the words 'also order', substitute the word 'shall';
(ii) delete the words 'or, in his discretion, may order any part thereof to be returned to the persons appearing to have been severally thereunto entitled' and for semi colon, after 'forfeited', substitute a full stop.
[(U) P. Act 21 of 1961, sec. 8 (w.e.f. 7-9-1961)].
9. Proof of playing for stakes unnecessary. It shall not be necessary, in order to convict any person of keeping a common gaming-house, or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager or stake. tc "9. Proof of playing for stakes unnecessary. It shall not be necessary, in order to convict any person of keeping a common gaming-house, or of being concerned in the management of any common gaming-house, to prove that any person found playing at any game was playing for any money, wager or stake."
10. Magistrate may require any person apprehended to be sworn and give evidence. It shall be lawful for the Magistrate before whom any persons shall be brought, who have been found in any house, walled enclosure, room or place entered under the provisions of this Act, to require any such persons to be examined on oath or solemn affirmation, and give evidence touching any unlawful gaming in such house, walled enclosure, room or place, or touching any act done for the purpose of preventing, obstructing or delaying the entry into such house, walled enclosure, room or place or any part there of, of any Magistrate or officer authorised as aforesaid. No person so required to be examined as a witness shall be excused from being so examined when brought before such Magistrate as aforesaid or from being so examined at any subsequent time or by or before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself. tc "No person so required to be examined as a witness shall be excused from being so examined when brought before such Magistrate as aforesaid or from being so examined at any subsequent time or by or before the same or any other Magistrate, or by or before any Court on any proceeding or trial in any ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid, on the ground that his evidence will tend to criminate himself." Any such person so required to be examined as a witness, who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person committing the offence described in section 178 or section 179 (as the case may be) of the Indian Penal Code (45 of 1860). tc "Any such person so required to be examined as a witness, who refuses to make oath or take affirmation accordingly or to answer any such question as aforesaid, shall be subject to be dealt with in all respects as any person committing the offence described in section 178 or section 179 (as the case may be) of the Indian Penal Code (45 of 1860)." STATE AMENDMENTS Himachal Pradesh. In section 10,- Same as that of under section 3.
[(H) P. Act 30 of 1976, sec. 4]. Madhya Pardesh. In section 10, for the words "house, walled enclosure, room or place" wherever they occur, the words "house, tent, enclosure, space, vehicle, vessel or place" shall be substituted.
[(C) P. Act 3 of 1927, sec. 4].
(Manipur) In section 10, after the words "walled enclosure", insert the words "tent, space, vehicle".
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, 1952, Pt. II, Sec. 3. p. 149; Act 81 of 1971, sec. 3]: Punjab: Haryana: Chandigarh. Same as that of Madhya Pradesh. [Punjab Act 1 of 1929, sec. 4; 18 of 1958, sec. 3; 31 of 1966, sec. 88]. Uttar Pradesh. In section 10, for the words "house, walled enclosure, room or place wherever they occur, the words "house, room, tent, walled enclosure, space, vehicle, vessel or place" shall be substituted.
[(U) P. Act 1 of 1917, sec. 3].
11. Witnesses indemnified.-Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who, upon such examination, shall, in the opinion of the Magistrate, make true and faithful discovery, to the best of his knowledge, of all things as to which he shall be so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect and shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming. tc "11. Witnesses indemnified.-Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as witness before a Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, and who, upon such examination, shall, in the opinion of the Magistrate, make true and faithful discovery, to the best of his knowledge, of all things as to which he shall be so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect and shall be freed from all prosecutions under this Act for anything done before that time in respect of such gaming."
12. Act not to apply to certain games.-Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played. tc "12. Act not to apply to certain games.-Nothing in the foregoing provisions of this Act contained shall be held to apply to any game of mere skill wherever played." STATE AMENDMENTS Himachal Pradesh.-Section 12, shall be deemed to be repealed. [Himachal Pradesh Act 30 of 1976, sec. 6]. Punjab: Haryana: Chandigarh.-In its application to the State of Punjab, section 12 is repealed by Punjab Act 1 of 1929, sec. 5; 13 of 1958, sec. 8; 31 of 1966, sec. 88. Uttar Pradesh.-Section 12 is repealed.
[(U) P. Act 1 of 1917, sec. 4].
(Manipur) Same as in Punjab and Uttar Pradesh
[(S) R.O. 168, dated 30th January 1952, Gazette of India, dated 2nd February, 1952, Pt. II, sec. 3, p. 149; Act 81 of 1971, sec. 3.]
13. Gaming and setting birds and animals to fight in public streets.-A police officer may apprehend without warrant any person found playing for money or other valuable thing, with cards, dice, counters or other instruments of gaming, used in playing any game not being a game of mere skill, in any public street, place or thoroughfare situated within the limits aforesaid, or tc "any person found playing for money or other valuable thing, with cards, dice, counters or other instruments of gaming, used in playing any game not being a game of mere skill, in any public street, place or thoroughfare situated within the limits aforesaid, or" any person setting any birds or animals to fight in any public street, place or thoroughfare situated within the limits aforesaid, or tc "any person setting any birds or animals to fight in any public street, place or thoroughfare situated within the limits aforesaid, or" any person there present aiding and abetting such public fighting of birds and animals. tc "any person there present aiding and abetting such public fighting of birds and animals." Such person when apprehended shall be brought without delay before a Magistrate, and shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous, for any term not exceeding one calendar month; tc "Such person when apprehended shall be brought without delay before a Magistrate, and shall be liable to a fine not exceeding fifty rupees, or to imprisonment, either simple or rigorous, for any term not exceeding one calendar month;" Destruction of instruments of gaming found in public streets.-Any such police officer may seize all instruments of gaming found in such public place or on the person of those whom he shall so arrest, and the Magistrate may, on conviction of the offender, order such instruments to be forthwith destroyed. STATE AMENDMENTS
(Assam) -In section 13, for the words "fifty rupees", substitute the words "one hundred rupees". [Assam Act 18 of 1970, sec. 6 (w.e.f. 19-12-1970)]. Himachal Pradesh.-In section 13, same as that of Punjab. [Himachal Pradesh Act 30 of 1976, sec. 7 (w.e.f. 5-8-1976)]. Madhya Pradesh. In section 13-
(i) for the first three paragraphs, substitute the following, namely:- "A Ploice Officer may apprehend and search without warrant-
(a) any person found gaming or reasonably suspected to be gaming in any public street, or thoroughfare, or in any place to which the public have or are permitted to have access;
(b) any person setting any birds or animals to fight in any public street, thoroughfare, or in any place to which the public have or are permitted to have access:
(c) any person there present aiding and abetting such public fighting of birds and animals."
[(M) P. Act 12 of 1954, sec. 3 (w.e.f. 26-3-1954)].
(ii) in the fourth paragraph, for the words "fifty rupees", the words "one hundred rupees" and for the words "one calendar month", the words "four claendar months" shall be substituted; and
(iii) in the fifth paragraph, for the words "may seize", the words "all moneys and" and after the words "order such", the words "moneys to be forfeited and such" shall be inserted.
[(M) P. Act 25 of 1950, sec. 7 (w.e.f. 3-11-1950)].
(Manipur) -In section 13, in para 5, after the words "such police officer may seize", insert the words "all birds and animals and" and at the end of the same paragraph, after the word "destroyed", add the words "such birds and animals to be sold".
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, Pt. II, sec. 3, p. 149 dated 2nd February, 1952; Act 81 of 1971, sec. 3]. Punjab: Haryana: Chandigarh.-In its application to the State of Punjab, for section 13, substitute the following section, namely:-
13. Penalty for gaming in public street, etc. Whoever is found gaming in any public street, place or thoroughfare or setting any bird or any animal to fight in any such street, place or thoroghfare shall be punishable with fine not exeeding fifty rupees or with imprisonment of either description for a term not exceeding one month.
13B. Power to arrest without warrant.-Any police officer may arrest without a warrant any person committing in his view any offence made punishable be section 13 of section 13A." [Punjab Act 9 of 1960, sec. 4 (w.e.f. 28-1-1960); Act 31 of 1966, sec. 88]. Uttar Pradesh.-In section 13,-
(a) for the words "playing for money or other valuable thing with cards, dice, counters or other intruments of gaming, used in playing any game not being a game of mere skill", substitute the word "gaming".
[(U) P. Act 1 of 1917, sec. 5].
(b) between paras 1 and 2, add the following new paragraph as follows:- "any person found in any public street, place or thoroughfare within the limits aforesaid with any instruments of gaming; or;
(c) for the words, in para 2, "or any person there present aiding and abetting such public fighting of birds and animals", substitute the words "or any person there present making preparation for or aiding or abetting such gaming or public fighting of birds or animals"; and
(d) in the last para the semi-colon after the words "shall be liable" shall be deleted and a dash substituted therefore and clauses (a) and (b) after the said words "shall be liable" shall be deleted and the following substituted therefor:- "in the case of a first offence to a fine not exceeding two hundred and fifty rupees nor less than fifty rupees; or to rigorous imprisonment for a term not exceeding one month; and in the case of any subsequent offence to a fine not exceeding five hundred rupees nor less than one hundred rupees and rigorous imprisonment for a term not exceeding six months nor less than one month."-
[(U) P. Act 21 of 1961. sec. 9 (w.e.f. 7-9-1961)]. Himachal Pradesh.-After section 13, insert the following section 13A:-
13A. Enhanced punishment if offence under section 13 relates to gaming with figures, etc. Where an offence committed by any person under section 13 relates to gaming on any figures or numbers or dates to be subsequently ascertained or disclosed, such persons shall, notwithstanding anything contained in that section, be liable to fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding six months; or to both. Uttar Pradesh.-After section 13, insert the following new section, namely:- "13A. Exemption of games of mere skill. Nothing in this Act shall apply to any game of mere skill, as distinguished from a game of chance or a game of chance and skill combined, unless it is carried on in a common gaming-house;"
[(U) P. Act 10 of 1938, sec. 2]. Section 13B: Himachal Pradesh.-Insert the following section 13-B:-
13B. Power to arrest without warrant.-Any police officer may arrest without a warrant any person committing in his view any offence made punishable by section 13 or section 13A." [Himachal Pradesh Act. 30 of 1976, sec. 7 (w.e.f. 5-8-1976)].
14. Offences by whom triable.-Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed. tc "14. Offences by whom triable.-Offences punishable under this Act shall be triable by any Magistrate having jurisdiction in the place where the offence is committed." But such Magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure as to the amount of fine or imprisonment he may inflict. tc "But such Magistrate shall be restrained within the limits of his jurisdiction under the Code of Criminal Procedure as to the amount of fine or imprisonment he may inflict." STATE AMENDMENTS Uttar Pradesh.-In section 14, insert the following new paragraph between paras 1 and 2:- "Offences under section 3 of this Act shall be non-bailable, anything contained to the contrary in any other law notwithstanding."- U.P. Act 21 of 1961, sec. 10 (7-9- 1961). After section 14, insert the following section, namely:-
14A. Compounding of offences.-An officer specially empowered in this behalf by the State Government by notification may, subject to any general or special order of the State Government in this behalf, compound any offence punishable under this Act, either before or after the institution of the prosecution, on realisation of such amount of composition fees as he thinks fit, not exceeding the maximum amount of fine fixed for the offence; and where the offence is so compounded-
(i) before the institution of the prosecution the offender shall not be liable to prosecution for such offence and shall, if in custody, be set at liberty:
(ii) after the institution of the prosecution, the composition shall amount to acquittal of the offender: Provided that nothing contained in this section shall authorise the composition of any subsequent offence committed by an offender who has once been convicted for any offence punishable under this Act.
[(U) P. Act 35 of 1979, sec. 6 (w.e.f. 21-12-1979)].
15. Penalty for subsequent offence.-Whoever, having been convicted of an offence punishable under section 3 or section 4 of this Act shall again be guilty of any offence punishable under either of such sections, shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description: tc "15. Penalty for subsequent offence.-Whoever, having been convicted of an offence punishable under section 3 or section 4 of this Act shall again be guilty of any offence punishable under either of such sections, shall be subject for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description\:" Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to imprisonment for a term exceeding one year. tc "Provided that he shall not be liable in any case to a fine exceeding six hundred rupees, or to imprisonment for a term exceeding one year."
16. Portion of fine may be paid to informer.-The Magistrate trying the case may direct any portion of any fine which shall be levied under sections 3 and 4 of this Act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer. tc "16. Portion of fine may be paid to informer.-The Magistrate trying the case may direct any portion of any fine which shall be levied under sections 3 and 4 of this Act, or any part of the moneys or proceeds of articles seized and ordered to be forfeited under this Act, to be paid to an informer."
17. Recovery and application of fines.-All fines imposed under this Act may be recovered in the manner prescribed by section 61 of the 10 Code of Criminal Procedure. 11 [***]. tc "17. Recovery and application of fines.-All fines imposed under this Act may be recovered in the manner prescribed by section 61 of the 1Code of Criminal Procedure. 2[***]." STATE AMENDMENTS
(Manipur) -For section 17, substitute the following:- "17. All fines imposed under this Act may be recoverd in the manner prescribed under the existing laws of the State for the realisation of fines."
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India., Pt. II, Sec. 3, p. 149, dated 2nd February, 1952; Act 81 of 1971, sec. 3].
18. Offences under this Act to be "offences" within the meaning of Penal Code.-[Repealed by the Repealing Act, 1874 (16 of 1874), sec. 1 and Sch., Part I]. STATE AMENDMENTS Himachal Pradesh.-After section 17, the following new section shall be deemed to be inserted, namely:- "18. Exemption of games of mere skill.-Nothing in this Act shall apply to any game of mere skill wherever played." [Himachal Pradesh Act 30 of 1976, sec. 9].
(Manipur) -Same as in Punjab.
[(S) R.O. 168, dated 30th January, 1952, published in the Gazette of India, Pt. II, Sec. 3, p. 149, dated 2nd February, 1952, Act 81 of 1971, sec. 3]. Punjab: Haryana: Chandigarh.-In its application to the State of Punjab, after section 17, the following new section shall be deemed to be inserted. namely:- "18. Exemption of games of mere skill. Nothing in this Act shall apply to any game of mere skill wherever played." [Punjab Act 1 of 1929, sec. 9; 18 of 1958, sec. 3; 31 of 1966, sec. 88].
1. Definitions of "Lieutenant-Governor" and "Chief Commissioner" rep. by the A.O. 1937.
2. The clauses relating to "Number" and "Gender" rep. by Act 17 of 1914, sec. 3 and Sch. II.
3. Subs. by Act 12 of 1891, for "sections 13, 17 and 18".
4. Subs. by the Adaptation of Laws Order, 1950, for "said Provinces".
5. Subs. by the Adaptation of Laws Order, 1950, for "Provincial Government".
6. Subs. by Adaptation of Laws Order, 1950, for "Provinces" which had been subs. by the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948, for "territories subject to its government or administration".
7. See section 53 of the Code.
8. As to the enhanced punishment for a second conviction of an offence under section 3 or section 4, see section 15 of this Act.
9. Subs. by the A.O. 1950, for Provincial Government".
10. See now the Code of Criminal Procedure, 1973 (2 of 1974). tc" 1. See now the Code of Criminal Procedure, 1973 (2 of 1974)."
11. The words "and such fines shall (subject to the provisions contained in the last preceding section) be applied as the Lieutenant-Governor or Chief Commissioner, as the case may be, shall from time to time direct" were repealed by the Government of India (Adaptation of Indian Laws) Order, 1937. tc" 2. The words "and such fines shall (subject to the provisions contained in the last preceding section) be applied as the Lieutenant-Governor or Chief Commissioner, as the case may be, shall from time to time direct were repealed by the Government of India (Adaptation of Indian Laws) Order, 1937."