ANDHRA PRADESH (ANDHRA AREA) GAMING ACT, 1930 [1]THE ANDHRA PRADESH (ANDHRA AREA) GAMING ACT, 1930 [Act No. 03 of 1930] [08th April, 1930] An Act to provide for the punishment of gaming and the keeping of common gaming-houses in the [2][Andhra area of the State of Andhra Pradesh.] Whereas it is expedient to make provision for the punishment of gaming and the keeping of common gaming-houses in the [3][Andhra Area of the State of Andhra Pradesh]; and whereas the previous sanction of the governor-general has been obtained to the passing of this act; it is hereby enacted as follows:-- This Act may be called [4][the Andhra Pradesh (Andhra Area) Gaming Act, 1930] This Act extends to the whole of the [5][Andhra area of the State of Andhra Pradesh] [6][* * *] [7][In this Act, unless there is anything repugnant in the subject or context-- '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; [8]['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 wager or bet, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt, or distribution]; 'instruments of gaming' include 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] [9][(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 the purpose of gaming on a horse-race, 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 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 aforesaid, or (d) advances or furnishes money for the purpose of gaming on a horse-race with person frequenting any such house, room, tent, enclosure, vehicle, vessel or place, shall be punishable with imprisonment which may extend to seven months, or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than one month and fine shall not be less than five hundred rupees. (2) Whoever is found in any house, room, tent, enclosure, vehicle, vessel or place referred to in sub-section (1), gaming on a horse-race or present for the purpose of gaming on such race shall be punishable with fine which may extend to five hundred rupees or with imprisonment which may extend to one month or with both. Any person found in any such house, room, tent, enclosure, vehicle, vessel or place during any gaming on a horse-race therein shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on a horse-race. (3) Whoever is found gaming on a horse-race 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 fine which may extend to three hundred rupees, or with imprisonment which may extend to three months, or with both.] [10][(1)] If any salaried Magistrate not inferior to a Magistrate of the second class or any Police Officer not below the rank of a Deputy Superintendent 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 of intended to be used for the purpose of gaming which are found therein, and to search all parts of such place and also the persons found therein. [11][(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.] 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. 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. 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 liable on conviction to fine not exceeding five hundred rupees, or to imprisonment not exceeding three months, or to both. Whoever is found gaming or present for the purpose of gaming in a common gaming-house shall, on conviction, be liable to fine not exceeding two hundred rupees or to imprisonment 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 purpose of gaming. 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. Nothing in sections 5 to 10 of this Act shall be held to apply to games of mere skill wherever played. [12][(1) The Magistrate may direct any portion, not exceeding one-half, of any fine which shall be levied under section 4, 8 or 9, and of the moneys or proceeds of articles seized and ordered to be forfeited under section 10, to be paid to such informants and Police officers as 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 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.] [13] [(1) Whoever makes, prints or otherwise produces, publishes, sells, distributes or keeps for sale or distribution, any book, leaflet or other document containing news of acceptances for horse-races or purporting to give tips or any information which is likely to aid or facilitate wagering or betting on horse-races, shall be punishable with fine which may extend to five hundred rupees or with imprisonment which may extend to one month or with both: Provided that nothing contained in this sub-section in so far as it relates to horse-races outside the [14][Andhra area of the state of Andhra Pradesh], shall apply to any newspaper: Provided further that, in regard to horse-races within the [15][Andhra area of the state of Andhra Pradesh,]- (i) any newspaper, or (ii) any publication which is issued by or under the authority of any race-club empowered in this behalf by the [16][State] Government and which is distributed solely within the precincts of such race-club or any race-course connected therewith, may contain such information as may be permitted by rules made by the [17][State] Government under sub-section (2). Explanation.--For the purposes of this sub-section, "news-paper" means any periodical work which contains public news or comments on public news and is published at intervals not exceeding one week, not being a work solely or mainly concerned with races. (2) The [18][State] Government may, by notification in the [19][Andhra Pradesh Gazette], make rules for the purpose of carrying into effect the provisions of sub-section (1).] Whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street, place or thoroughfare or publicly fighting cocks, shall be liable on conviction to fine not exceeding fifty rupees or to imprisonment not exceeding one month; and such instruments of gaming and moneys shall be forfeited. Any Police Officer may arrest without a warrant any person committing in his view any offence made punishable by this Act. Clause (10) and the last paragraph of section 3 and sections 6, 7 and 9 of [20][the Andhra Pradesh Towns Nuisances Act, 1889 (Act III of 1889)] are hereby repealed. [1] For Statement of Objects and Reasons, see Pt. IV of the Fort St. George Gazette, dated 21st January 1930, p. 186; for Report of Select Committee, see Proceedings of the Madras Legislative Council, Volume LI, pp. 1002--1006; for Proceedings in Council, see ibid, Volume LI, pp. 496--497 and 952--957. [2] The words "State of Andhra" were Substituted for the words "Presidency of Madras" by the A.A.O. 1953 and these words were Substituted for the word "State of Andhra" by A.P. Act IX of 1961. [3] The words "State of Andhra" were Substituted for the words "Presidency of Madras" by the A.A.O. 1953 and these words were Substituted for the word "State of Andhra" by A.P. Act IX of 1961. [4] Substituted for the original short title by A.P., Act IX of 1961. [5] The words "State of Andhra" were Substituted for the words "Presidency of Madras" by the A.A.O. 1953 and these words were Substituted for the word "State of Andhra" by A.P. Act IX of 1961. [6] The expression "with the exception of the City of Madras as defined in the Madras City Police Act, 1888" were omitted by the A.A. (Amdt.) O. 1954. [7] Substituted for the original by S. 2 of Madras Act IV of 1946, re-enacted permanently by S. 2 of, and the First Schedule to, Act VIII of 1948. [8] This definition was Substituted by Madras Act VII of 1949, for the original as amended by Madras Act IV of 1946, re-enacted permanently by S. 2 of and the First Schedule to Act VIII of 1948. [9] Substituted for the original section by S. 3 of Madras Act IV of 1946, re-enacted permanently by S. 2 of, and the First Schedule to Act VIII of 1948. [10] S. 5 was renumbered as S. 5(1) and to the section as renumbered sub-section (2) was added by S. 2 of Madras Act VII of 1933. [11] S. 5 was renumbered as S. 5(1) and to the section as renumbered sub-section (2) was added by S. 2 of Madras Act VII of 1933. [12] Substituted for the original section by S. 3 of Madras Act XXXV of 1950. [13] This section was ins. by S. 5 of Madras Act VII of 1949. [14] Substituted for the word "Provincial" by the A.O. 1950. [15] Substituted for the word "Provincial" by the A.O. 1950. [16] The words "State of Andhra" were Substituted for the words "State of Madras" by the A.A.O. 1953 and these words were Substituted for the words "State of Andhra'' by A.P. Act IX of 1961. [17] The words "State of Andhra" were Substituted for the words "State of Madras" by the A.A.O. 1953 and these words were Substituted for the words "State of Andhra'' by A.P. Act IX of 1961. [18] Substituted for the word "Provincial" by the A.O. 1950. [19] The words "State of Andhra" were Substituted for the words "State of Madras" by the A.A.O. 1953 and these words were Substituted for the words "State of Andhra'' by A.P. Act IX of 1961. [20] Substituted for the original short title by A.P. Act IX of 1961, First Schedule
Preamble - ANDHRA PRADESH (ANDHRA AREA) GAMING ACT, 1930PREAMBLE
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