Keywords : Gaming, Common Gaming-House, Instruments of Gaming
458
THE PUDUCHERRY GAMING ACT, 1965.
(No. 15 of 1965)
ARRANGEMENT OF SECTIONS
SECTION
- Short title, extent and commencement.
- Definitions.
- Penalty for opening etc., of any house etc., for certain forms of
gaming. - Power to grant warrant to enter a common gaming house.
- Cards, dice, etc., found in search under last section to be evidence
that place is a common gaming house. - Proof of playing for stakes unnecessary.
- Penalty for opening etc., a common gaming-house.
- Penalty for being found gaming in a common gaming-house.
- Instruments of gaming may be ordered to be destroyed on
conviction. - Saving of games of skill.
- Payment of portion of fine to informants and Police officers.
- Penalty for gaming in public street etc.
- Assembling in streets for gaming.
- Printing, publishing or distributing any news or information.
- Police may arrest without warrant in view of offence.
- Repeal.
459
THE PUDUCHERRY GAMING ACT, 1965
(Act No. 15 of 1965)
27th October, 1965.
AN ACT
to provide for the punishment of gaming and the keeping of common gaminghouses in the Union territory of Puducherry.
WHEREAS it is expedient to make provision for the punishment of gaming
and the keeping of common gaming-houses in the Union territory of Puducherry.
BE it enacted by the Legislative Assembly in the Sixteenth Year of the
Republic of India as follows: – - Short title, extent and commencement. – (1) This Act may be called the
Puducherry Gaming Act, 1965.
(2) It extends to the whole of the Union territory of Puducherry.
- (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, dies, 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 comprise the collection or soliciting of bets, the receipt or
distribution of winnings or prizes, in money or otherwise, in respect of any wage
or bet or any act which is intended to aid or facilitate wagering or betting or such
collection soliciting, receipt or distribution.
- This Act came into force w.e.f 12.11.1965
460
(c) “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;
(d) “State Government” means the Administrator appointed under Article
239 of the Constitution.
- Penalty for opening etc., of any house etc., for certain forms of gaming. –
(1) 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 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 of registration of any motor vehicle using a public
place, or
(vi) on any transaction or scheme of wagering or betting in
which the receipts 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 or 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
461
(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 for a first offence with imprisonment for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or with
both and for a second or subsequent offence with imprisonment for a term which
may extend to two years and with fine:
Provided that in the absence of special reasons to be recorded in writing,
the punishment to be imposed on an offender on conviction for a first offence
under this sub-section shall be imprisonment for not less than one month or fine of
not less than five hundred rupees or both and for a second or subsequent offence
with imprisonment for not less than two months and fine of not less than one
thousand rupees.
(2) (a) Whoever is found in any house, room, tent, enclosure, vehicle,
vessel or place referred to in sub-section (1), gaming on any of the objects
specified in that sub-section , or present, for the purpose of gaming on any such
object shall be punishable for a first offence with imprisonment for a term which
may extend to one month or with fine which may extend to five hundred rupees
or with both and for a second or subsequent offence with imprisonment for a term
which may extend to two months and with fine.
(b) 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 sub-section (1) shall be presumed, until the contrary is proved, to have been
there for the purpose of gaming on such object.
(3) Whoever is found gaming on any of the objects specified in sub-section
(1) in any public street or thoroughfare or in any place to which the public have or
are permitted to have access shall be punishable with imprisonment for a term
which may extend to three months or with fine which may extend to three
hundred rupees or with both. - Power to grant warrant to enter a common gaming-house. – (1) If any
Magistrate not inferior to a Magistrate of the second class or any Police Officer not
below the rank of Inspector of Police has reason to believe that any place is used as
a common gaming-house, he may by his warrant give authority to any Police
Officer, not below the rank of a Sub-Inspector to enter with such assistance as may
be found necessary, by night or by day, any such place, and to arrest all persons
found therein and 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 to
search all parts of such place and also persons found therein.
462
(2) Any Police Officer having power to issue a warrant under sub-section
(1) may, instead of doing so, himself exercise all or any of the powers exercisable
under such warrant. - Cards, dice, etc., found in search under last section to be evidence that
place is a common gaming-house. – Any cards, dice, gaming table or cloth, board
or other instruments of gaming found in any place entered or searched under the
provisions of the last preceding section, or on any person found therein shall be
evidence that such 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 Police Officer or any of his assistants. - 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, bet or stake. - Penalty for opening etc., a common gaming –house. – Whoever 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 punishable with fine which may
extend to five hundred rupees or with imprisonment for a term which may extend
to three months or with 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 be punishable with fine which may extend to two hundred rupees or with
imprisonment for a term which may extend to 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 purpose of
gaming. - Instruments of gaming may be ordered to be destroyed on conviction. – On
conviction of any person for keeping a common gaming-house or being present
therein for the purpose of gaming, all the instruments of gaming found therein
may be destroyed by the order of the Magistrate, and such Magistrate may order
all or any of the other articles seized, or the proceeds thereof, to be forfeited. - Saving of games of skill. – Nothing in sections 4 to 9 of this Act shall be
held to apply to games of mere skill wherever played.
463 - Payment of portion of fine to informants and Police Officers. – (1) (a) The
Magistrate may direct any portion not exceeding one-half, of any fine which shall
be levied under section 3,7 or 8, and of the moneys or proceeds of articles seized
and ordered to be forfeited under section 9 to be paid to such informants and
Police Officers as may have assisted in the detection of the offender.
(b) A direction under this sub-section may also be made by any
Court of appeal, reference or revision.
(2) Where direction is made under sub-section (1), the Magistrate
concerned shall send the amount to be paid under that sub-section, to the
Inspector-General of Police who shall distribute it among such of the informants
and Police Officers aforesaid as may be chosen by him and in such proportions as
be thinks fit.
(3) The amount aforesaid shall not be sent to the Inspector General of
Police until the expiry of three months from the date of the direction under subsection (1), or if an appeal or revision is presented within that period, until the
appeal or revision has been disposed of. - Penalty for gaming in public street etc., — Whoever is found gaming with
cards, dice, counters, money or other instruments of gaming in any public street,
place, or thorough fare or publicly fighting cocks shall be punishable with fine
which may extend to fifty rupees or with imprisonment for a term which may
extend to one month; and such instruments of gaming and moneys shall be
forfeited. - Assembling in streets for gaming. – Whoever —
(a) assembles with others in a street, gathered for the purpose of
gaming; or
(b) joins any such assembly for the purpose of gaming, shall be
punishable with fine which may extend to fifty rupees. - Printing, publishing or distributing any news or information. – (1) No
person shall print, publish, sell, distribute or in any manner circulate any
newspaper, news-sheet or other document or any news or information, with the
intention of aiding or facilitating gaming.
(2) Any person who contravenes the provisions of sub-section (1) shall be
punishable with imprisonment for a term which may extend to one month or with
fine which may extend to two hundred rupees or with both.
464
(3) Any Police Officer not below the rank of a Sub-Inspector may enter
and search any place for the purpose of seizing and may seize all things
reasonably suspected to be used or to be intended to be used for the purpose of
committing an offence under this section. - Police may arrest without warrant in view of offence. – Any Police Officer
may arrest without a warrant any person committing in his view any offence made
punishable by this Act. - Repeal. – (1) Any law in force in Puducherry or any area thereof
corresponding to the provisions of this Act shall stand repealed as from the
coming into force of this Act.
(2) Nothing in sub-section (1) shall affect —
(a) the previous operation of any law so repealed or anything duly
done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or
incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture, or
punishment as aforesaid;
and any such investigations, legal proceeding or remedy may be instituted,
continued or enforced and nay such penalty, forfeiture, or punishment may be
imposed as if this Act has not been enacted;
Provided that anything done or any action taken under any such law shall
be deemed to have been done or taken under the corresponding provision of this
Act and shall continue to be in force accordingly unless and until superseded by
