THE PUBLIC GAMBLING (MADHYA PRADESH AMENDMENT) ACT, 1976

[Act No. 47 of 1976]

[01st  October, 1976]

PREAMBLE

An Act to amend the Public Gambling Act, 1867 in its application to the State of Madhya Pradesh.

Be it enacted by the Madhya Pradesh Legislature in the Twenty-seventh Year of the Republic of India as follows:--

Section 1 - Short title

This Act may be called the Public Gambling (Madhya Pradesh Amendment) Act, 1976.

Section 2 - Amendment of section 1

In section 1 of the Public Gambling Act, 1867 (No. III of 1867) in its application to the State of Madhya Pradesh (hereinafter referred to as the Principal Act), in the definition of "Common Gaming House" in clause (i),--

(a)      in item (e), the word 'or' shall be inserted at the end, and

(b)      after item (e), the following item shall be inserted, namely:--

"(f) on the digits or figures or signs or symbols or pictures used in stating the opening, middle or closing digits or figures or signs or symbols or pictures declared for or in connection with Worli Matka gaming or any other form of gaming;".

Section 3 - Insertion of new section 4-A

After section 4 of the Principal Act, the following section shall be inserted, namely:--

"4-A. Punishment for printing or publishing digits, figures, signs, symbols or pictures relating to Worli Matka or other form of gaming

(1)     Whoever prints or publishes in any manner whatsoever any digits or figures or signs or symbols or pictures or combination of any two or more of such digits or figures or signs or symbols or pictures relating to Worli Matka or any other form of gaming under any heading whatsoever or by adopting any form or device, or disseminates or attempts to disseminate or absets dissemination of information relating to such digits or figures or signs or symbols or pictures or combination of any two or more of them shall be punishable with imprisonment which may extend to six months and with fine which may extend to one thousand rupees.

(2)     Where any person is accused of an offence under sub-section (1), any digits or figures or signs or symbols or pictures or combinations of any two or more of such digits or figures or signs or symbols or pictures in respect of which the offence is alleged to have been committed shall be presumed to relate to Worli Matka gaming or some other form of gaming unless the contrary is proved by the accused.".

Section 4 - Insertion of new section 5-A

After section 5 of the Principal Act, the following section shall be inserted, namely:--

"5-A. Seizure of register, record or writing

If the District Magistrate or the Additional District Magistrate or a Police Officer not below the rank of Assistant Superintendent of Police is of the opinion that any register, record or writing of any kind whatsoever which contains digits or figures or signs or symbols or pictures or combination of any two or more of such digits, figures, signs, symbols or pictures relates to Worli Matka gaming or some other form of gaming, he shall be entitled to seize the same, and such register, record or writing shall be presumed to be an instrument of gaming unless it is shown by the person from whom it is seized that it is a register, record or writing of any transaction in connection with a lawful trade industry, business profession or vocation or of any lawful personal transaction of any person or it is otherwise not an instrument of gaming."

Section 5 - Repeal

The Public Gambling (Madhya Pradesh Amendment) Ordinance, 1976 (No. 10 of 1976) is hereby repealed.