[Act No. 01 of 2021] [25th
February, 2021] An Act further to amend the
Tamil Nadu Gaming Act, 1930, the Chennai City Police Act, 1888 and the Tamil
Nadu District Police Act, 1859. Be it enacted by the
Legislative Assembly of the State of Tamil Nadu in the Seventy-second Year of
the Republic of India as follows. (1) This Act
may be called the Tamil Nadu Gaming and Police Laws (Amendment) Act, 2021. (2) (i) All
sections except sections 2 and 8 shall be deemed to have come into force on the
21st November 2020. (ii) Sections 2 and 8 shall
come into force at once. In the Tamil Nadu Gaming
Act, 1930 (Tamil Nadu Act III of 1930) (hereinafter in this Part referred to as
the 1930 Act), for sections 2 and 3, the following sections shall be
substituted, namely. "2.
Extent. This Act extends to the
whole of the State of Tamil Nadu. In this Act, unless there
is anything repugnant in the subject or context, (a) "common
gaming-house" means any house, room, tent, enclosure, vehicle, vessel,
cyber cafe or any place whatsoever in which 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, cyber cafe or place,
whether free of cost or by way of charge for the use of instruments of gaming
or of the house, room, tent, enclosure, vehicle, vessel, cyber cafe or the
place; and includes any house, room, tent, enclosure, vehicle, vessel, cyber
cafe 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 any game involving wagering or betting
in person or in cyber space. Explanation. For the
purposes of clause (b) and section 3-A, 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, including through electronic
transfer of funds, in respect of any wager or bet, or any act which is intended
to aid, induce, solicit or facilitate wagering or betting or such collection,
soliciting, receipt, or distribution; (c) "Government"
means the State Government; (d) "instruments
of gaming" includes cards, dice, gaming table or cloth, board, computers,
computer system, computer network, computer resource, any communication device
or any other article used or intended to be used as a subject or means of
gaming, any document or electronic record, 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, including through electronic
transfer of funds, distributed or intended to be distributed in respect of any
gaming; (e) the words
'computer', 'communication device', 'computer network', 'computer resource',
'computer system', 'cyber cafe', and 'electronic record' used in this Act shall
have the respective meanings assigned to them in the Information Technology Act,
2000 (Central Act 21 of 2000). (1) No person
shall wager or bet in cyberspace using computers, computer system, computer
network, computer resource, any communication device or any other instrument of
gaming by playing Rummy, Poker or any other game or facilitate or organize any
such wager or bet in cyberspace. (2) Whoever
wagers or bets in cyberspace using computers, computer system, computer
network, computer resource, any communication device or any other instrument of
gaming by playing Rummy, Poker or any other game or facilitates or organizes
any such wager or bet in cyberspace, shall be punished with imprisonment which
may extend to two years or with fine not exceeding ten thousand rupees or with
both.". In section 4 of the 1930
Act, in sub-section (1), in clauses (b), (c) and (d), after the expression
"enclosure, vehicle, vessel", the expression "cyber cafe"
shall be inserted. In section 5 of the 1930
Act, in sub-section (1), for the expression "not inferior to a Judicial
Magistrate of the second class or any police officer not below the rank of
Deputy Superintendent of Police", the expression "or any police
officer not below the rank of Deputy Superintendent of Police or Assistant
Commissioner of Police, as the case may be" shall be substituted. In section 6 of the 1930
Act, after the expression "Any cards, dice, gaming table or cloth,
board", the expression "electronic record, computers, computer
system, computer network, computer resource or any communication device"
shall be inserted. In section 8 of the 1930
Act, for the expressions "five hundred rupees" and "three
months", the expressions "ten thousand rupees" and "two
years" shall, respectively, be substituted. In section 9 of the 1930
Act, for the expressions "two hundred rupees" and "one
month", the expressions "five thousand rupees" and "six
months" shall, respectively, be substituted. For section 11 of the 1930
Act, the following section shall be substituted, namely: -- "11.
Games of mere skill. Notwithstanding anything
contained in this Act, sections 3A and sections 5 to 10 shall apply to games of
mere skill, if played for wager, bet, money or other stake.". In section 12 of the 1930
Act, for the expressions "one hundred rupees" and "three
months", the expressions "five thousand rupees" and "six
months" shall, respectively, be substituted. After section 13-A of the
1930 Act, the following section shall be inserted, namely. "13-B.
Offences by companies. (1) Where an offence
under this Act has been committed by a company, every person who, at the time
the offence was committed, was in-charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded
against and punished accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such
offence. (2) Notwithstanding
anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the
part of any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly. Explanation. For the
purposes of this section. (a) "company"
means any body corporate and includes a firm or other association of
individuals; and (b) "director"
in relation to a firm, means a partner in the firm.". In section 3 of the Chennai
City Police Act, 1888 (Tamil Nadu Act III of 1888) (hereinafter in this Part
referred to as the 1888 Act), the definitions of 'conviction', 'imprisonment',
'common gaming house', 'gaming' and 'instruments of gaming' shall be omitted. Sections 40-A, 42, 43, 44,
45, 46, 47, 48, 49, 49-A, 49-B, 50, 51 and 52 of the 1888 Act shall be omitted. In section 79 of the 1888
Act, for the expression "English, Tamil, Telugu and Hindustani", the
expression "English and Tamil" shall be substituted. After section 80 of the
1888 Act, the following section shall be inserted, namely. "80-A.
Offences by companies. (1) Where an
offence under this Act has been committed by a company, every person who, at
the time the offence was committed, was in-charge of, and was responsible to,
the company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly: Provided that nothing
contained in this sub-section shall render any such person liable to any punishment,
if he proves that the offence was committed without his knowledge or that he
had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding
anything contained in sub-section (1), where an offence under this Act has been
committed by a company and it is proved that the offence has been committed
with the consent or connivance of, or is attributable to, any neglect on the
part of any director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly. Explanation. For the
purposes of this section. (a) "company"
means any body corporate and includes a firm or other association of
individuals; and (b) "director"
in relation to a firm, means a partner in the firm.". In the Schedule to the
Tamil Nadu District Police Act, 1859 (Central Act XXIV of 1859), the
expressions "Definition of 'imprisonment', 'gaming', 'Instruments of
gaming', 'common gaming-house' and 'conviction' in section 3" and
"48, 50," shall be omitted. (1) The Tamil
Nadu Gaming and Police Laws (Amendment) Ordinance, 2020 (Tamil Nadu Ordinance
11 of 2020) is hereby repealed. (2) Notwithstanding
such repeal, anything done or any action taken under the Tamil Nadu Gaming Act,
1930 (Tamil Nadu Act III of 1930), the Chennai City Police Act,
1888 (Tamil Nadu Act III of 1888) and the Tamil Nadu District Police
Act, 1859 (Central Act XXIV of 1859), as amended by the said Ordinance, shall
be deemed to have been done or taken under the respective Acts, as amended by
this Act.TAMIL NADU GAMING AND POLICE LAWS
(AMENDMENT) ACT, 2021
PREAMBLE