Keyword(s):
Beer, Bottle, Chief Revenue Authority, Common Drinking-House, Denatured,
Excisable Article, Excise Officer, Excise Revenue, Export, Import, Intoxicant,
Intoxicating Drug, Liquor, Manufacture, Place, Sale, Tari, Transport
Amendment appended: 14 of 2014
Kerala Gaming Act, 1960
020 of 1961
An Act to make better provision for the punishment of gaming and
the keeping of common gaming houses in the State of Kerala.
Preamble.-Whereas it is expedient to make better provision for the
punishment of gaming and keeping of common gaming houses in
the State of Kerala; Be it enacted in the Eleventh Year of the
Republic of India as follows:-
- Short Tile, Extent And Commencement :-
(1) This Act may be called the Kerala Gaming Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once. - Definitions :-
In this Act, unless the context otherwise requires,-
(a) “common gaming house” means any house, room, tent,
enclosure, vehicle, vessel or any place whatsoever 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, room, tent, enclosure, vehicle, vessel or place whether
by way of charge for the use of instruments of gaming or of the
house, room, tent, enclosure, vehicle, vessel or place or otherwise
howsoever; and includes any house, room tent, enclosure, vehicle,
vessel or place opened, kept or used or permitted to be opened,
kept or used for the purpose of gaming;
(b) “gaming” does not include a lottery but includes wagering or
betting.
Explanation.-For the purposes of this definition, wagering or betting
shall be deemed to comprises the collection or soliciting of bets, the
receipt or distribution of winnings or prizes, in money or otherwise,
in respect of any wager or bet, or any act which is intended to aid
or facilitate wagering or betting or such collection, soliciting, receipt
or distribution;
(c) “instruments of gaming” include any article used or intended to
be used as a subject or means of, or for the purpose of carrying on
or facilitating or in connection with gaming any books, lists, tickets,
forms or other documents used or intended to be used as a register
or recorded or evidence of 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. - Penalty For Opening, Etc., Any Enclosure, Etc., For
Certain Forms Of Gaming-Whoever :-
(a) being the owner or occupier or having the use of any house,
room tent, enclosure, vehicle, vessel or place, opens, keeps or uses
the same for the purpose of gaming-
(i) on a horse-race, or
(ii) on the market price of cotton, bullion or other commodity or on
the digits of the number used in stating such price, or
(iii) on the amount or 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
(iv) on the market price of any stock or share or on the digits of the
number used in stating such price, or
(v) on the number of registration or on the digits of the number or
registration of any motor vehicle using a public place, or
(vi) on any transaction or scheme of wagering or betting in which
the receipt or distribution of winnings or prizes in money or
otherwise is made to depend on chance, or
(b) being the owner or occupier of any such house, room, tent,
enclosure, vehicle, vessel or place knowingly or wilfully permits the
same to be opened, occupied, kept or used by any other person for
the purpose of gaming on any of the objects aforesaid, or
(c) has the care of management of, or in any manner assists, in
conducting the business of any such house, room, tent, enclosure,
vehicle, vessel or place, opened, occupied, kept or used for the
purpose of gaming on any of the objects aforesaid, or
(d) advances or furnishes money for the purpose of gaming on any
of the objects aforesaid with persons frequenting any such house,
room, tent, enclosure, vehicle, vessel or place,
shall be punishable with imprisonment which may extend to one
year, or with fine which may extend to one thousand rupees, or
with both:
Provided that in the absence of special reasons to be recorded in
writing, the punishment to be imposed on an offender on conviction
for an offence under this section shall be not less than
imprisonment for one month or a fine of five hundred rupees. - Penalty For Being Found In A Gaming House :-
(1) Whoever is found in any house, room, tent, enclosure, vehicle,
vessel, or place referred to in section 3, gaming on any of the
objects specified in that section, or present for the purpose of
gaming on any such object shall be punishable with imprisonment
which may extend to one month or with fine which may extend to
five hundred rupees or with both.
(2) Any person found in any such house, room, tent, enclosure,
vehicle, vessel or place during any gaming therein on any of the
objects specified in section 3 shall be presumed, until the contrary
is proved, to have been there for the purpose of gaming on such
object. - Power To Enter And Search :-
If a Magistrate or any Police Officer not below the rank of a SubInspector of Police upon credible information and after such inquiry
as he may think necessary, has reason to believe that any place is
used as a common gaming house, he may-
(a) after recording his reasons for such belief, either him self enter,
or by his warrant authorise any officer of police not below the rank
of a Head constable to enter, with such assistance as may be found
necessary, by night or by day, and by force, if necessary, any such
place;
(b) either himself take into custody or authorise such officer to take
into custody all persons whom he or such officer finds therin
whether then actually gaming or reasonably suspected to have
been present for purposes of gaming.
(c) Seize or authorise such officer to seize all instruments of
gaming, and all moneys and securities for money and articles of
value resonably suspected to have been used or intended to be
used for the purpose of gaming, which are found therein;
(d) search or authorise such officer to search all parts of such 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 person of those whom he or such
officer so takes into custody; and
(e) seize or authorise such officer to seize land take possession of
all instruments of gaming found upon such search. - Cards, Dice, Etc. Found In Search Under Section 5 To Be
Evidence That The Place Is A Common Gaming House :-
Any cards, dice, gaming tables, cloths, boards or other instruments
of gaming found in any place entered or searched under section 5,
or on any person found therein, shall be evidence, until the
contrary is proved, that such place is used as 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. - Penalty For Opening, Etc., A Common Gaming House :-
Who ever opens, keeps or uses, or permits to be used any common
gaming house, or conducts or assists in conducting the business of
any common gaming house or advances or furnishes money for
gaming therein, shall be liable on conviction to fine not exceeding
fi v e hundred rupees, or to imprisonment not exceeding three
months, or to both. - Penalty For Being Found Gaming In A Common Gaming
House :-
Whoever is found gaming or present for the purpose of gaming in a
common gaming house shall, on conviction [2](be liable to
imprisonment which may extend to one month or to fine which may
extend to five hundred rupees or to both) ; 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 purpose of gaming. - Penalty For Refusing To Give Name And Address And For
Giving False Name And Address :-
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 or 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. - Instruments Of Gaming May Be Ordered To Be
Destroyed On Conviction :-
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 been severally thereunto entitled. - 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 money, wager, bet or stake. - Magistrate May Require Any Person Apprehended To Be
Sworn And Give Evidence :-
It shall be lawful for the Magistrate before whom any person shall
be brought, who has been found in any house, room, tent,
enclosure, vehicle, vessel or place entered under the provisions of
this Act to require such person to be examined on oath or solemn
affirmation and give evidence touching any unlawful gaming in
such house, room, tent, enclosure, vehicle, vessel or place or
touching any act done for the purpose of preventing, obstructing or
delaying the entry into such house, room, tent, enclosure, vehicle,
vessel or place or any part thereof, of any Magistrate or Officer
authorised as aforesaid..
No such person shall be excused from being so examined when
brought before such Magistrate as aforesaid, or from being so
examined at any subsequent time by or before the same or any
other Magistrate or by or before any court on any proceeding or
trial in any way relating to such unlawful gaming or from answering
any question put to him touching the matter aforesaid on the
ground that his evidence will tend to criminate him. 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 considered to have committed the
offence described in section 178 or section 179, as the case may
be, of the Indian Penal Code (Central Act 45 of 1860). - Witnesses Indemnified :-
Any person, who shall have been concerned in gaming contrary to
this Act and who shall be examined as a witness before a
Magistrate on the trial of any person for 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
free from all prosecutions under this Act for anything done before
hat time in respect of such gaming. - Act Not To Apply To Certain Games :-
Nothing in the foregoing provisions of this Act shall be held to apply
to any game of mere skill wherever played.
14A. Exemptions :-
The Government may, if they are satisfied that in any game the
element of skills is more predominant than the element of chance,
by notification in the Gazette, exempt such game from all or any of
the provisions of this Act, subject to such restrictions and conditions
as may be specified in the notification. - Penalty For Gaming And Setting Birds And Animals To
Fight In Public Places :-
(1) Whoever is found playing for money or other valuable thing,
with cards, dice, counters or other instruments of gaming, any
game not being a game of mere skill in any public street, road or
thoroughfare or in any place to which the public have or are
permitted to have access; or any person setting any birds or
animals to fight in any public street, road or thoroughfare or in any
place to which the public have or are permitted to have access or
any person there present aiding or abetting such public fighting of
such birds or animals shall be liable on conviction to imprisonment
not exceeding one month or to fine not exceeding two hundred
rupees or to both.
(2) [4](Any police officer not below the rank of a Sub Inspector of
Police) , who arrests any person committing an offence under subsection (1) may seize all the instruments of gaming found in such
public place or on the person of those who he shall so arrest and
the Magistrate shall, on conviction of the offender, order such
instruments to be forfeited. - Offences By Who Triable :-
Offences punishable under this Act shall be triable by any
Magistrate of the first or second class having jurisdiction in the
place where the offence is committed. - Penalty For Subsequent Offences :-
Whoever having been convicted of any offence punishable under
section 3 or section 4 of this Act shall again be guilty of any offence
punishable under either of those 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. - Payment Of Portion Of Fine To Informer :-
(1) The Magistrate trying the case may direct any portion not
exceeding one half of any fine which shall be levied under section
3,4,7 or 8 and of the moneys or proceeds of articles seized and
ordered to be forfeited under section 10 to be paid to informants
and police officers who may have assisted in the detection of the
offender. A direction under this sub-section may also be made by
any court of appeal, reference or revision.
(2) Where a direction is made under sub-section (1) the Magistrate
concerned shall send the amount to be paid under that sub-section
to the District Superintendent of Police, who shall distribute it
directly among such of the informants and police officers aforesaid
as may be chosen by him and in such proportions as he thinks fit.
(3) The amount aforesaid shall not be sent to the District
Superintendent of Police until the expiry of three months from the
date of the direction under sub-section (1), or if an appeal is
presented within that period, until the appeal has been disposed of. - Police May Arrest Without Warrant On View Of Offence
:-
(Any police officer not below the rank of a Sub Inspector of Police)
may arrest without a warrant any person committing in his view
any offence made punishable by this Act. - Repeal :-
The Travancore Public Gambling Act, III of1071, the Cochin Public
Gambling Act, IV of 1082 and the MadrasGaming Act, 1930 (III of
1930) in its application to the Malabar District referred to in subsection (2) of section 5 of the States Reorganisation Act, 1956, are
hereby repealed
