TELANGANA
GAMING (AMENDMENT) ACT, 2017
Preamble - TELANGANA GAMING (AMENDMENT) ACT, 2017
THE TELANGANA GAMING (AMENDMENT) ACT, 2017
[Act No. 29 of 2017]
[01st December, 2017]
PREAMBLE
An Act Further To Amend The Telangana Gaming Act, 1974
Be it enacted by the
Legislature of the State of Telangana in the Sixty-eighth Year of the Republic
of India, as follows:-
Section 1 - Short title and commencement
(1)
This Act may be called the Telangana Gaming (Amendment) Act, 2017.
(2)
(i) clause (b) of sub-section (1), and sub-section (3) of section
2, sub-section (1) of section 3, section 4, section 5, section 6, section 7 and section 8 shall be deemed to
have come into force with effect on and from the 17th June, 2017;
(ii) sub-section (2) of
section 2 and section 9 shall be deemed to have come into force with effect on
and from the 8th July, 2017; and
(iii) the remaining
provisions shall come into force from the date of publication of this Act.
Section 2 - Amendment of section 2
In the Telangana Gaming
Act, 1974 (hereinafter referred to as the principal Act), in section 2,-
(1)
in sub-section (1),
(a)
in clause (i), in sub-clause (f), after the words "tent,
enclosure, vehicle, vessel", the words "cyber space" shall be
inserted;
(b)
for clause (ii), the following clause shall be substituted,
namely:-
"(ii) in the case of
any other form of gaming, any house, room, tent, enclosure, vehicle, vessel,
cyber space or any place whatsoever in which any 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 space or any
place, whether by way of charge for the use of such house, room, tent,
enclosure, vehicle, vessel, cyber space or any place or instruments of gaming
or otherwise howsoever;
Explanation:- For the
purpose of sub-clause (ii), any premises or place or cyber space belonging to
or occupied by a club, society, company or other association of persons,
whether incorporated or not, which is used or kept for purposes of gaming shall
be deemed to be a common gaming house notwithstanding that there is no profit
or gain for the club, society, company or other association of persons on
account thereof;".
(2) in
sub-section (2),-
(i) ???after the words "mutka or satta",
the words "or online gaming for money or any other stakes" shall be
inserted;
(ii)?? ?in
the Explanation there under, for clause (i), the following clause shall be
substituted, namely:-"(i) Wagering or betting shall include,-
(a)
collection or soliciting of bets;
(b)
the receipt or distribution of winnings or prizes in money or
otherwise in respect of any wager or bet;
(c)
any act which is intended to aid, induce, solicit or facilitate
wagering or betting or such collection, soliciting, receipt or distribution;
(d)
any act of risking money, or otherwise on the unknown result of an
event including on a game of skill;
(e)
any action specified in sub-clause (a) to (d) carried out directly
or indirectly by the players playing any game or by any third parties;".
(3)
for sub-section (4), the following sub-section shall be
substituted, namely,-
"(4) Instruments of
gaming includes cards, dice, gaming tables, or clothes, boards or any other
article used or intended to be used as a subject or means of gaming, any
document, electronic form or record, digital form or record used or intended to
be used as a register or record or evidence of any gaming, the proceeds of any
gaming which includes online electronic transfer of funds or transactions and any
winnings or prizes in money or otherwise, distributed or intended to be
distributed in respect of any gaming."
Section 3 - Amendment of section 3
In the principal Act,
(1)
in section 3, in sub-section (1), the opening portion with
marginal heading, before Explanation, shall be substituted with the following:-
(1)
"Penalty--
Any person who opens,
keeps, operates, or uses or permits to be used any common gaming house or
online gaming or conducts or assists in conducting the business of any common
gaming house or advances or furnishes money for gaming therein, shall be
punishable-
(i)
for the first offence, with imprisonment for a term which may
extend to one year and with fine which may extend to five thousand rupees; but
in the absence of special reasons to be recorded in writing, the punishment
awarded under this clause shall be imprisonment for not less than three months
and fine of not less than three thousand rupees;
(ii)
for every subsequent offence, with imprisonment for a term which
may extend to two years and with fine which may extend to ten thousand rupees;
but in the absence of special reasons to be recorded in writing the punishment
awarded under this clause shall be-
(a)
for a second offence, imprisonment for not less than six months
and fine of not less than five thousand rupees;
(b)
for a third or subsequent offence, imprisonment for not less than
one year and fine of not less than ten thousand rupees.";
(2)
after section 3, the following new section shall be inserted,
namely,-
3A. "Offences by
companies--
Where a person committing a
contravention of this section or any other provisions of this Act is a company,
every person who, at the time of the contravention 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, its managing directors and other directors,
shall be deemed to be guilty of the contravention 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 punishment
if he proves that the contravention took place without his knowledge of that he
exercised all due diligence to prevent such contravention.".
Section 4 - Amendment of section 4
In the principal Act, in
section 4, the opening portion with marginal heading before the Explanation,
shall be substituted with the following,-
4. "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, be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to three thousand rupees, or with
both."
Section 5 - Amendment of section 5
In the principal Act, for
section 5 along with the marginal heading, the following section shall be
substituted, namely,-
5. "Offences are
cognizable and non-available
(1)
Every offence under this Act are cognizable and non-available.
(2)
Any Police Officer not below the rank of Sub-Inspector of Police
has got authority-
i)
to enter any place and at any time with such force and with such
assistance as may be found necessary;
ii)
to arrest all persons found therein;
iii)
to search all such persons and all parts of such place; and
iv)
to seize-
(a)
all moneys found with such persons;
(b)
all investments of gaming; and
(c)
all moneys, all 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 in such place;
v)
to freeze bank accounts which are used for the purpose of
gaming."
Section 6 - Amendment of section 6
In the principal Act, for
section 6 along with the marginal heading, the following section shall be
substituted, namely:-
6. "Instruments of
gaming found in a place entered or searched to be evidence that the place is
common gaming house.--
Where any instruments of
gaming are found in any place entered or searched, on or about the person found
therein, it shall be presumed that such place is used as a common gaming house
and that the persons found therein were present there for the purpose of gaming
although no gaming was actually seen by the police officer or any of his
assistants.".
Section 7 - Amendment of section 7
In the principal Act, for
section 7 along with the marginal heading, the following section shall be
substituted, namely,-
7. "Provisions of
section 4 and 6 not to apply in certain cases.--
Nothing in the Explanation
to section 4, or in section 6 shall apply to persons found in a premises or
place belonging to or occupied by a club, society, company or other association
of persons, whether incorporated or not, unless such persons are actually found
gaming or facilitating such gaming in any manner in such premises or
place.".
Section 8 - Amendment of section 9
In the principal Act, for
section 9 along with the marginal heading, the following section shall be
substituted, namely,-
9. "Penalty for gaming
or setting birds or animals to fight in a public street or place.--
(1)
Whoever is found gaming or reasonably suspected to be gaming 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 six months or with fine which may extend to five thousand
rupees or with both.
(2)
Whoever is found setting any birds or animals to fight or is
reasonably suspected to be aiding or abetting such fighting of birds or animals
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 six months or with fine which may extend to five
thousand rupees or with both.".
Section 9 - Amendment of section 15
In the principal Act, for
section 15 along with marginal heading and Explanation there under, the
following section shall be substituted, namely,-
15."Power to remove
difficulties
(1) If any
difficulty arises in giving effect to the provisions of this Act, the
Government may, by order in the Telangana Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to it to be
necessary or expedient for removing such difficulty:
Provided that no order
shall be made under this section after the expiry of two years from the date of
commencement of the Telangana Gaming (Amendment) Act, 2017.
(2) Every
order made under this section shall be laid, as soon as may be after it is
made, before each House of the State Legislature."
Section 10 - Insertion of section 15-A
In the principal Act, after
section 15, the following section shall be inserted, namely,-
15-A. "Over riding
effect.--
The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force."
Section 11 - Repeal of Ordinances 4 and 6 of 2017
The Telangana Gaming
(Amendment) Ordinance, 2017 and the Telangana Gaming (Second Amendment)
Ordinance, 2017 are hereby repealed.