ANDHRA PRADESH (TELANGANA AREA) GAMBLING ACT, 1305 F

Preamble - ANDHRA PRADESH (TELANGANA AREA) GAMBLING ACT, 1305 F

[1]THE ANDHRA PRADESH (TELANGANA AREA) GAMBLING ACT, 1305 F.

[Act No. 02 of 1305 F]

[3rd Isfandar, 1305 F]

PREAMBLE

Whereas it is expedient to make provision for the punishment of gambling in public and the keeping of common gambling houses in [2] [Telangana Area of The State of Andhra Pradesh]; it is hereby enacted as follows:--

 

Section 1 - Title, extent and commencement

This act shall be called [3] [the Andhra Pradesh (Telangana Area) Gambling Act, 1305F. and it shall extend to the[4] [whole of the Telangana area of the State of Andhra Pradesh] and come into force from the 1st Farwardi 1305 Fasli.

 

Section 2 - Repeal of Acts, Rules and Circulars mentioned in schedule appended hereto

From the date aforesaid all Acts, Rules, Circulars and Orders mentioned in the Schedule appended to this Act shall be repealed as specified in column II of the said Schedule.

Section 3 - Definitions

[5] [(1) In this Act "common gambling house" means a house or premises or enclosure or open space in which cards or dice or table or other instruments or gain of the person owning, occupying, using or keeping such house, premises, enclosure or open space whether by such profit or gain by way of charge for the use of the instruments of gambling or of the house, premises, enclosure or open space or otherwise howsoever.

Explanation:--The word "house" includes a tent and all enclosed space].

[6] [(2) In this Act "gambling" includes wagering or betting except wagering or betting upon a horse-race when such wagering or betting takes place--

(a)      on the day on which such race is to be run,

 

(b)      in an enclosure which the stewards controlling such race have, with the sanction of the Government, set apart for the purpose, and

 

(c)      (i) with a licensed book-maker, or

(ii) ??by means of totalisator as defined in section 12 of [7] [the Andhra Pradesh (Telangana Area) Horse Racing and Betting Tax Regulation, 1358 F.] but does not include a lottery].

[8] [(3) "Instrument of gambling" include the articles which are the accessories of gambling or which are used for carrying on gambling or as a means of gambling or for facilitating gambling and also include any books, tickets, board and other documents used or to be used as register, record or evidence of gambling].

Section 4 - Penalty for owner, occupier or person using common gambling house

[9] [(1) Whoever, being the owner or occupier or having the use of any house or premises or enclosure or open space, opens, keeps or uses the same as a common gambling house and whoever being the owner or occupier of the aforesaid house or premises or enclosure or open space, knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person as a common gambling house, andwhoever has the care or management of or in any manner assists in conducting the business of, any such house, enclosure or open space as aforesaid, opened, occupied, used or kept for the aforesaid purpose, and whoever advances or furnishes money for the purpose of gambling with persons frequenting such house, enclosure or open space, shall be liable to a fine not exceeding two hundred rupees or to imprisonment, simple or rigorous, for a term not exceeding three months].

[10] [(2) Whoever opens or keeps or uses or permits to open or keep or use any house or premises or enclosure or open space for the purposes of gambling shall be punished with imprisonment, rigorous or simple, for a term not exceeding three months or for each such day on which such a house or premises or enclosure or an open space is likewise opened or used with a fine not exceeding five-hundred rupees, or with both].

Section 5 - Penalty for being present in a gambling house

[11] [Whoever is found in any such house or premises enclosure open space, gambling or present for the purpose of gambling with cards, dice, counter or money or other instruments or means of gambling whether playing for any amount of money, or wagering, or betting or otherwise, shall be liable to a fine not exceeding one hundred rupees or to imprisonment, simple or rigorous, for a term not exceeding one month;and whoever is found in any common gambling house during any betting or playing therein shall be presumed, until the contrary is proved, to have been there for the purpose of gambling.

Section 6 - Entry for search and entry by Police

If the District Magistrate or the Magistrate of the first class or the District Superintendent of Police or the Inspector of Police in the City and suburbs of Hyderabad, on credible information and after such enquiries as he may deem necessary, has reason to believe that any house or premises or enclosure or an open space is used as a common gambling house, he shall be empowered to enter or authorise 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, and by force, if necessary, any such house or premises or enclosure or open space, and it shall be proper to arrest all persons whom the said Magistrate or Superintendent or Inspector of Police finds therein or to allow the Police Officer so authorised to arrest such persons whether or not they are actually gambling, and seize or authorise the said officer to seize all instruments of gambling and all moneys and securities for money and valuable articles, reasonably suspected to have been used or intended to be used for the purpose of gambling and which are found therein, andsearch or authorise such Police Officer to search all parts of the house or premises or enclosure or open space, which he or such officer shall have so entered when he or such officer has reason to believe that any instruments of gambling are concealed therein and also the persons whom he or such officer had so arrested and seize and keep in his possession all such instruments of gambling as are found in the search.

Explanation:--In this section the expression "City and suburbs of Hyderabad" shall be deemed to include Secunderabad, Trimulgherry and Bolarum.

Section 7 - Finding cards, etc., in suspected houses is evidence that such houses are common gambling houses

[12] [When any cards or dice or table or other instruments or means of gambling have been found in any house or premises or enclosure or open space entered or searched in accordance with the provision of section 6 or have been found with any of the persons therein, it shall be evidence, until the contrary is proved, that such house, premises or enclosure or open space is used as a common gambling house and the persons found therein were present for the purposes of gambling although no play was actually witnessed by the Magistrate or the Police Officer or any of his assistants].

Section 8 - Penalty for persons apprehended for giving false names or address

If any person in any common gambling house entered by Magistrate or Police Officer under the provisions of this Act, upon being apprehended by the Magistrate or the Officer or upon being brought before a Magistrate, refuses or neglects to give his name and address or gives any false name or address, when the Magistrate or the Officer asking his name and address, he may, on conviction before the same or any other Magistrate be liable to a fine not exceeding two hundred rupees and on the non-recovery of such a fine or in the very first instance, if such Magistrate thinks fit, shall be liable to imprisonment for a term not exceeding one month.

Section 9 - Instruments of gambling to be destroyed, on convictions for keeping gambling house

On conviction of any person for keeping or using a common gambling house or being present there in for the purpose of gambling, the conviction Magistrate may order all the instruments of gambling found therein to be destroyed and may also order all or any of the securities for money and other articles found, not being instruments of gambling, to be sold wholly or partly for money and the proceeds thereof with all money found therein to be forfeited or in his discretion, may order any part thereof to be returned to the persons appearing to be severally entitled thereto.

Section 10 - Proof of playing for stake unnecessary

It shall not be necessary, in order to convict any person of keeping a common gambling house or of being concerned in the management of such house, to prove that any person found gambling was playing for money, wager or stake.

Section 11 - Magistrate empowered to require any person apprehended to be sworn in and give evidence

[13] [It shall be lawful for the Magistrate, before whom such persons shall be brought who have been found in any house or premises or enclosure or open space entered into under the provisions of this Act, to require any such persons to be examined on oath or solemn affirmation and give evidence relating to any gambling in such house or premises or enclosure or open space or relating to any act done for the purpose of preventing, obstructing or delaying entry into such house or premises or enclosure or open space or any part thereof of any Magistrate or Officer authorised as aforesaid, and the person so required to give statement or evidence as a witness shall not be excused from so doing 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 in any proceeding or trial in any way relating to such gambling or any such acts as aforesaid or from answering any question put to him relating to the matters aforesaid, on the ground that his evidence shall tend to criminate himself and any person so required to be examined as a witness who refuses to take oath or affirmation accordingly, or to answer any such question as aforesaid, shall be liable to simple imprisonment for a term not exceeding six months or a fine not exceeding one thousand rupees or to both.]

Section 12 - Witnesses indemnified

Any person who shall have been concerned in gambling in contravention of this Act, and who shall be examined as a witness before a Magistrate on the trial of any person for a breach of the provisions of this Act, and who upon such examination, shall, in the opinion of the Magistrate, make true and satisfactory discovery to the best of his knowledge of all matters as to which he shall be so examined, and who shall thereupon receive an order in writing from the said Magistrate to that effect, shall be freed from all prosecutions under this Act for anything done before that time in respect of such gambling.

Section 13 - Penalty for setting birds and animals in public streets

[14] [(1) A Police Officer shall be empowered to apprehend without warrant any person found gambling, for money or other valuable thing, with cards, dice, counter or other instruments and means of gambling used in gambling used in gambling in any public street or thoroughfare or public place or open space, or

[15] [Any person setting a bird or animal to fight or sets any bird to fly at stakes in any public street, thoroughfare or public place or open space or any other place or in his own house,] or Any person there present aiding and a betting fighting of birds and animals in public.

Such person when apprehended, as aforesaid, shall be brought without delay before a Magistrate and, on conviction, shall be liable to a fine not exceeding fifty rupees or to imprisonment, simple or rigorous for a term not exceeding one month, and Such Police Officer shall be empowered to seize all instruments of gambling, birds and animals found in such public place or with the persons arrested and it shall be lawful for the Magistrate at the time of conviction, to order such instruments to be forthwith destroyed and the birds and animals to be forfeited to the [16] [Government] and sold.

[17] [(2) Every Police Officer, not below the rank of a Jamedar, shall be empowered to apprehend without warant any person found gambling in any public street, thoroughfare or public place or such persons present and there aiding or abetting such gambling, such person on arrest shall be produced before a Magistrate without delay and on conviction, shall be liable to a fine not exceeding five hundred rupees or to imprisonment simple or rigorous not exceeding a term of one month. Such Police Officer shall be empowered to enter and search for the purpose of seizing articles suspected to have been used or to be used in committing an act which is an offence under this section and may seize all such instruments of gambling found in such a place or on the persons arrested and the Magistrate may, on conviction, order such instruments to be forthwith destroyed.]

[18] [(3) Any person who prints, publishes, sells, distributes or in any other manner circulates any newspaper or news sheet or any other document or any news or information with the intention that it would help or facilitate gambling shall be liable to punishment as mentioned in sub-section (2) and every Police Officer, not below the rank of a Jamedar may arrest him without warrant.]

Section 14 - Kinds of games to which this Act does not apply

Nothing contained in this Act shall apply to any game of mere skill wherever played.

Section 15 - Offences by whom triable

Offences punishable under this Act may be tried by every Magistrate having Jurisdiction in the place where the offence has been committed but the said Magistrate shall be restrained within the limits of his powers as to the amount of fine or term of imprisonment he may inflict.

Section 16 - Penalty for subsequent offences

Whoever, having been convicted of an offence punishable under section 4 or section 5 of this Act, is again guilty of an offence punishable under either of the said sections, shall be subject, for every such subsequent offence, to double the punishment to which he would have been liable for the first commission of an offence of the same description.

Section 17 - Portion of fine may be paid to informant

The Magistrate trying a case may direct any portion, not exceeding one third, of any fine recovered under sections 4 and 5 of this Act or of the moneys or proceeds of articles, birds and animals, after they are found and ordered to be forefeited under this Act to be paid to an informant.

Section 18 - Manner of recovery of fine and expenses

A fine imposed in accordance with this Act shall be recovered as the amounts of fine are recovered in ordinary Criminal Court; the fine so recovered shall be credited to the Judicial Department in the [19] [Government] Treasury after deducting the expenses mentioned in section 17.

Section 19 - Offences under this Act are bailable

All offences under this Act shall be bailable. When a person is arrested or detained without warrant by a Police Officer or appears or is brought before a Magistrate and is prepared at any time while in the custody of any Police Officer or at any stage of the proceedings before a Magistrate to give bail, he shall be released on bail, and such officer or Magistrate, if he thinks fit, may instead of taking the bail from the accused, discharge him on condition that he executes a bond without sureties with a promise that he shall appear when required by the officer or the Magistrate.

Schedule - SCHEDULE

SCHEDULE

List of Rules, Circulars & Orders repealed by the Gambling Act.