THE WEST
BENGAL GAMBLING AND PRIZE COMPETITIONS ACT, 1957 [Act, No. 32 of 1957] [12th March, 1958] An Act to consolidate and amend the law relating to
the prevention of gambling and to provide for the control and regulation of
prize competitions. WHEREAS it is expedient to consolidate and amend
the law relating to the prevention of gambling and to provide for the control
and regulation of prize competitions ; It is hereby enacted in the Eighth Year of the
Republic of India, by the Legislature of West Bengal, as follows :-- (1) This Act may be called the West Bengal Gambling and
Prize Competitions Act, 1957. (2) It extends to the whole of West Bengal. (3) This section shall come into force at once and the
remaining provisions of this Act, in whole or in part, shall come into force in
such areas and on such dates as the State Government may, by notification in
the Official Gazette, appoint and for this purpose different dates may be
appointed for different provisions of this Act and for different areas. (1) In this chapter unless the context otherwise
requires :-- (a) "common gaming house" means any house,
room, tent, walled enclosure, space, vehicle, vessel or any place whatsoever,
in which any instrument of gaming is kept or used for the profit or gain of the
person owning, occupying, using or keeping such house, room, tent, enclosure,
space, vehicle, vessel or place, whether by way of charge for the use of such
house, room, tent, enclosure, space, vehicle, vessel, place or instrument or
otherwise howsoever ; (b) "gaming or gambling" includes wagering or
betting except wagering or betting upon a horse-race, when such wagering or
betting takes place? (i) in accordance with the terms and conditions of a
licence granted by the State Government under this Act, (ii) on the day on which the race is to be run, (iii) in an enclosure which the licensee of the race
course, on , which the race is to be run, has set apart for the purpose under
the terms of license granted under section 2C, in respect of such race course,
or in any other place approved by the State Government in this behalf, (iv) with a licensed book-maker or by means of a
totalisator as defined in section 14 of the Bengal Amusements Tax Act, 1922
(Ben. Act V of 1922). but does not include a lottery or games of cards
like Bridge, Poker, Rummey or Nap ; (c) "instrument of gaming" includes any
article used or intended to be used as a means or oppurtenance of, or for the
purpose of carrying on or facilitating gaming ; (d) "magistrate" means a Presidency
Magistrate or a Magistrate of the First Class ; (e) "money" includes a cheque or any other
negotiable instrument, a postal order or a money order ; (f) "police officer" means any member of the
Police force and includes the Commissioner of Police, Calcutta ; (g) "prescribed" means prescribed by rules
made under this chapter; (h) "printing" includes writing or other
modes of representing or reproducing words, letters or figures in a visible
form. (2) For the purpose of this chapter all searches made
under the provisions of this chapter shall be conducted in accordance with the
provisions of the Code of Criminal Procedure, 1898 (Act V of 1898). No racing club or the owner, lessee or occupier of
any race-course shall conduct or control horse-racing or pony-racing without a
license granted in this behalf. The owner, lessee or occupier of any race-course
may apply to the State Government for a license for horse-racing or pony-racing
on such race-course. (1) On an application made under section 2B, the State
Government may grant license subject to such conditions and for such period as
it thinks fit or may refuse to grant a license. (2) The conditions subject to which a license may be
granted may provide for? (a) the payment of such license fee as may be
prescribed, (b) the amount of stakes which may be allotted for
different kinds of horses or ponies, (c) the measures to be taken for the training of
persons to become Jockeys, (d) such other matters, whether directly or indirectly
connected with the horse-racing or pony-racing for which, in the opinion of the
State Government, it is necessary or expedient to make provisions in the
license. (3)
The
State Government may at any time cancel any license granted under this section
in the event of any breach of the conditions subject to which it was granted. (4)
The
terms and conditions of such license shall be published in the Official
Gazette. (5) The State Government may be such license authorise
the licensee to grant, subject to such conditions as shall be specified by the
State Government in such license, a license to any book-maker to carry on his
business or vocation or to act as a book-maker or turf commission agent in
respect of horse-races or pony-races held on a race course. The license to the
book-maker may be granted for such period as the licensee may think fit; but in
no case it shall exceed the period of license granted to the licensee by the
State Government. (1) If any person or association of persons to whom a
license has been granted under section 2C contravenes any of the provisions
subject to which such license was granted, such person or association of
persons shall be punishable with fine which may extend to one thousand rupees. (2) If any book-maker to whom a license has been
granted by a licensee in pursuance of the provisions of sub-section (5) of
section 2C contravenes any of the conditions subject to which such license was
granted, he shall be punishable with fine which may extend to one thousand
rupees. Whoever, being the owner or occupier or having the
use of any house, room, tent, walled enclosure, space, vehicle, vessel or any
place whatsoever, opens, keeps, or uses the same as a common gaming house ; and whoever, being the owner or occupier of any
such house, room, tent, walled enclosure, space, vehicle, vessel or place as
aforesaid, knowingly or wilfully permits the same to be opened, occupied, used
or kept by any other person as a common gaming house ; and whoever has the care or management of, or in
any manner assists in conducting the business of any house, room, tent, walled
enclosure, space, vehicle, vessel or place aforesaid opened, occupied, used or
kept for the purpose aforesaid ; and whoever advances or furnishes money for the
purpose of gaming with persons frequenting such house, room, tent, walled
enclosure, space, vehicle, vessel or place as aforesaid ; shall be punishable on conviction, with fine [with
rigorous imprisonment for a term which may extend to three years but shall not
be less than six months and with fine which may extend to two thousand rupees. Whoever is found in any house, room, tent, walled
enclosure, space, vehicle, vessel or any place referred to in section 3 playing
or gaming with cards, dice, counters, money or other instruments of gaming, or
is found there present for the purpose of gaming, whether playing for any
money, wager, stake or otherwise, shall be punishable, on conviction, with fine
with rigorous imprisonment for a term which may extend to three years but shall
not be less than three months and with fine which may extend to five hundred
rupees ; 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 purposes of gaming. (1) It shall be lawful for any police officer not below
the rank of Sub-Inspector, authorised by the State Government in this behalf by
general or special order in writing, to enter, if necessary, by force, with
such assistance as he considers necessary, by night or by day, any house, room,
tent, walled enclosure, space, vehicle, vessel or place referred to in section
4, which he has reason to suspect, is being used as a common gaming house, and
may take into custody all persons whom he finds therein, whether or not such
persons may be then actually gaming ; and may seize all instruments of gaming, and all
moneys and securities for money, and articles of value, reasonable suspected to
have been used or intended to be used for the purpose of gaming, which are
found therein ; and may search all parts of the house, room, tent,
walled enclosure, space, vehicle, vessel or place which he shall have so
entered, when he has reason to believe that any instruments of gaming are
concealed therein, and also the persons of those, whom he so takes into custody
; and may seize and take possession of all
instruments of gaming found upon such search. (2) All persons taken into custody under sub-section
(1) shall be produced before the nearest magistrate within a period of
twenty-four hours of taking into custody excluding the time necessary for the
journey from the place of taking into custody to the court of the magistrate. When any cards, dice, gaming-table, cloth, boards
or other instruments of gaming are found in any house, room, tent, walled
enclosure, space, vehicle, vessel or any place whatsoever, entered or searched
under section 5 or about the person of any of those who are found therein, it
shall be evidence, until the contrary be proved, that such house, room, tent,
walled enclosure, space, vehicle, vessel or 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 or playing was actually seen by the police officers. If any person found in any common gaming house
entered by any police officer under section 5 upon being arrested by such
police officer or upon being brought before any magistrate, refuses or neglects
to give his name and and address or gives any false name or address on being so
required by any such magistrate or police officer, he
shall, on conviction, be liable to imprisonment for a term not exceeding one
month or to fine not exceeding five hundred rupees or with both, together with
such costs as to the convicting magistrate may appear reasonable, and in
default of payment of fine, if any, also to imprisonment for a term not
exceeding one month. On conviction of any person for keeping or using
any common gaming house, or being present therein for the purpose of gaming,
the convicting magistrate may order all the instruments of gaming found therein
to be destroyed, and may also order all or any of the securities for money, and
other article seized, not being instruments of gaming, to be sold and converted
into money, and the proceeds thereof with all moneys seized therein to be
forfeited; or in his discretion, may order any part thereof to be returned to
the persons appearing to have been severally thereinto entitled ; he may also order that a portion not exceeding
one-fourth of any fine levied under section 3 or section 4 or any portion of
the moneys or proceeds of articles seized and ordered to be forfeited under
this section, shall be paid as reward to any person, whose information and
assistance had contributed to the detection of the offence and seizure of the
moneys and articles aforesaid. 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
therein at any game was playing for any money, wager or staker. A police officer may arrest without warrant any
person found in any public market, fair, street or thoroughfare or any place to
which the public have or are permitted to have access, gaming with cards, dice,
counters, money or other instruments of gaming, or
any person, setting, for the purpose of gaming, any birds or animals to fight
in any public market, fair, street or thoroughfare or any place to which the
public have or are permitted to have access, or
any person there present, aiding and abetting such public fighting of birds and
animals. Such person, when arrested, shall be produced
before the nearest magistrate within a period of twenty-four hours of such
arrest excluding the time necessary for the journey from the place of arrest to
the court of the magistrate and upon conviction shall be punishable with fine
not exceeding two hundred rupees or with imprisonment for a term not exceeding
one month or with both,
and such police officer may seize all
instruments of gaming and all moneys and securities for money, and all birds
and animals found and reasonably suspected to be used for the purpose of gaming
in such public market, fair, street, thoroughfare or place or on the person of
those whom he shall so arrest, and the magistrate may, on conviction of the
offender, order such instruments to be forthwith destroyed and such birds and
animals to be sold and the proceeds thereof with all moneys seized therefrom to
be forfeited. A police officer may arrest without warrant any
person who prints, publishes, sells, distributes or in any manner circulates
any newspaper, news-sheet or other document or any news or information with the
intention of aiding or facilitating gaming ; and any police officer may enter and search any
place for the purpose of seizing, and may seize all things reasonably suspected
to be used or to be intended to be used for the purpose aforesaid. All persons taken in custody as aforesaid shall be
produced before the nearest magistrate within a period of twenty-hours of such
arrest excluding the time necessary for the journey from the place of arrest to
the court of the magistrate. Each of all such persons shall be punishable, on
conviction, with fine not exceeding two hundred rupees or with imprisonment for
a term not exceeding one month or with both. Nothing in this chapter shall apply to any game of
mere skill wherever played : Provided that when such game is played in a public
market, fair, carnival or street or in any place where the public may have
access, a permit from the Commissioner of Police, in Calcutta or the District
Magistrate or the Sub-divisional Magistrate elsewhere, shall be obtained first,
by the organiser thereof, or payment of such fee as may be prescribed. Any person contravening the provisions of this
section shall be punishable, on conviction with fine not exceeding one hundred
rupees or with imprisonment for a term not exceeding one month or with both. A person who shall have been concerned in gaming
leading to, and who shall be examined as a witness before a magistrate in
respect of the trial of any person for a breach of any of the provisions of
this chapter and who upon such examination shall make true and faithful
discovery to the best of his knowledge of all things as to which he shall be so
examined, and who shall thereupon receive from the said magistrate a
certificate in writing to that effect, shall be freed from all prosecutions
under the provisions of this chapter for anything done before that time in
respect of such gaming. Offences punishable under this chapter shall
triable by any magistrate having jurisdiction in the place where the offence is
committed. But such magistrate shall be restrained within the
limits of his jurisdiction under the Code of Criminal Procedure (Act V of 1898)
as to the amount of fine or imprisonment he may inflict. Whoever, having been convicted of an offence
punishable under this chapter, shall be guilty of any such offence, shall be
subject, for every such subsequent offence, to double the amount of punishment
with which he would otherwise have been punishable for the same; provided that
he shall not be punishable in any case with rigorous imprisonment for a term
not exceeding three years and with fine not exceeding four thousand rupees. No suit, prosecution or other legal proceeding
shall lie against any officer of the Government for anything which is in good
faith done or intended to be done under this chapter. (1) The State Government may, by notification in the
Official Gazette and after previous publication, make rules for carrying out
the purposes of this chapter. (2) In particular and without prejudice to the
generality of the foregoing power such rules may provide for any matter which
is to be or may be prescribed under this chapter. The following enactments are hereby repealed-- (a) The Bengal Public Gambling Act, 1867; (Ben. Act II
of 1867); (b) The definitions of "gaming",
"instruments of gaming" and "common gaming house" in
section 3, and sections 44, 45, 46, 47, 49, 50, 50A and 51 of the Calcutta
Police Act, 1866 (Ben. Act IV of 1866) ; (c) Sections 10, 11, 12, 13, 14, 15, 15A and 59 of the
Howrah Offences Act, 1857 (XXI of 1857). In this chapter, unless the context otherwise
requires-- (a) "licensing authority" means any officer
or authority appointed by the State Government, by notification in the Official
Gazette, for the purpose of granting licenses under this chapter; (b) "money" includes a cheque or any other
negotiable instrument, postal order or money order; (c) "prescribed" means prescribed by rules
made under this chapter; (d) "prize competition" means any competition
(whether called a cross-word prize competition, a missing-word prize
competition, a picture prize competition or by any other name whatsoever,
whether of a similar nature or not) in which prizes are offered for the
solution of any puzzle based upon the building up, arrangement, combination or
permutation, of letters, words or figures. For the purposes of this chapter,-- (a) references to printing shall be construed as
including references to writing and other modes of representing or reproducing
letters, words or figures in a visible form; and (b) documents or other matters shall be deemed to be
distributed if they are distributed to persons or places within or outside the
area or areas in which this chapter is in force and the word
"distribution" shall be construed accordingly. No person shall promote or conduct any prize
competition in which the total value of the prize or prizes (whether in case or
otherwise) to be offered in any month exceeds one thousand rupees or in which
the number of entries exceeds two thousands. Subject to the provisions of section 21, no person
shall promote or conduct any prize competition in which the total value of the
prize or prizes (whether in cash or otherwise) to be offered in any month does
not exceed one thousand rupees unless he has obtained in this behalf a license
granted in accordance with the provisions of this chapter and the rules made
thereunder. (1) Every person desiring to obtain a license referred
to in section 22 shall make an application in writing to the licensing
authority in such form and manner as may be prescribed. (2) On the receipt of such application, the licensing authority
after making such enquiry as it considers necessary, shall, by order in
writing, either grant the license applied for or refuse to grant the license. (3) Where the licensing authority refuse to grant a
license it shall record a brief statement of the reasons for such refusal and
furnish a copy thereof to the applicant. (4) The fees on payment of which, the period for which,
the conditions subject to which, and the form in which, a license may be
granted shall be such as may be prescribed. Every person who promotes or conducts a prize
competition in accordance with the provisions of this chapter and the rules
made thereunder shall keep accounts relating to such competition and submit to
the licensing authority a statement of accounts in such form and at such
intervals as may be prescribed. (1) The licensing authority may, after giving the
holder or any license a reasonable opportunity of being heard, cancel or
suspend the license on any one or more of the following grounds, namely? (a) that there has been a breach of any of the
conditions subject to which the licence was granted ; (b) that the holder of the license has contravened any
of the provisions of section 24. (2) Whenever a license is cancelled or suspended the
licensing authority shall record a brief statement of the reasons for such
cancellation or suspension and furnish a copy thereof to the person whose
licence has been cancelled or suspended. If any person promotes or conducts any prize
competition in contravention of the provisions of section 21 or section 22, he
shall on conviction be punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to one thousand rupees, or with
both. If any person liable under section 24 to keep
accounts or to submit statements of accounts fails to keep accounts or to
submit statements of accounts as required by that section or keeps accounts or
submits statements of accounts which are false and which he either knows or
believes to be false or does not belief to be true, he shall, on conviction be
punishable with imprisonment for a term which may extend to one month, or with
fine which may extend to five hundred rupees, or with both, but nothing
contained in this section shall affect the provisions contained in section 25. If any person with a view to the promotion or
conduct of any prize competition except in accordance with the provisions of a
license under this chapter or in contravention of the provisions of this
chapter or in connection with any prize competition promoted or conducted
except in accordance with such provisions-- (a) prints or publishes any ticket, coupon, or other
document for use in the prize competition ; or (b) sells or distributes or offers or advertises for
sale or distribution, or has in his possession for the purpose of sale or
distribution any ticket, coupon or other document for use in the prize
competition ; or (c) prints, publishes or distributes, or has in his
possession for the purpose of publication or distribution, (i) any advertisement of the prize competition, or (ii) any list (whether complete or not) of prize winners
in the prize competition, or (iii) any such matter descriptive of, or otherwise
relating to, the prize competition as is calculated to act as an inducement to
persons to participate in that prize conpetition, or any other prize
competition ; or (d)
brings,
or invites any person to send, into the area or areas in which this chapter is
in force, for the purpose of sale or distribution, any ticket, coupon or other
document for use in, or any advertisement of, the prize competition ; or (e) sends or attempts to send, out of the area or areas
in which this chapter is in force, any money or valuable thing received in
respect of the sale or distribution of any ticket, coupon or other document for
use in the prize competition ; or (f)
uses
any premises, or causes or knowingly permits any premises to be used, for
purposes connected with the promotion or conduct of the prize competition ; or (g) causes or procures or attempts to procure any
person to do any of the abovementioned acts, he shall on conviction be punishable
with imprisonment for a term which may extend to three months, or with fine
which may extend to five hundred rupees, or with both. (1) If any person guilty of any offence under this
chapter is a company, every person who, at the time the offence was committed
was in charge of, and was responsible to the company, as well as the company,
shall be deemed to be guilty of that 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 provided in this chapter
if he proves that the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section
(1), where an offence under this chapter has been committed with the consent or
connivance of or is attributable to gross neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager,
secretary or other officer shall also 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 a 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. The licensing authority may-- (a) require any person promoting or conducting a prize
competition to produce before it the accounts and other documents kept by such
person or to furnish to it such other information relating to the prize
competition as it may require ; (b) inspect at all reasonable times the accounts and
other documents kept by such person. (1) It shall be lawful for any police officer not below
the rank of Sub-Inspector authorised by the State Government in this behalf by general
or special order in writing,-- (a) to enter, if necessary by force, whether by day or
by night, with such assistance as he considers necessary, any premises which he
has reason to suspect are being used for purposes connected with the promotion
or conduct of any prize competition in contravention of the provisions of this
chapter ; (b) to search the premises and the persons whom he may
find therein ; (c) to take into custody and produce before a
magistrate all persons who are concerned, or against whom a reasonable
complaint has been made or credible information has been received or a
reasonable suspicion exists of their having been concerned with the user of
such premises for purposes connected with, or with the promotion of conduct of
any prize competition in contravention of the provisions of this chapter ; and (d) to seize all things found therein which are
intended to be used or reasonably suspected to have been used in connection
with such prize competition. (2) All searches under this section, shall be made in
accordance with the provisions of the Code of Criminal Procedure, 1898 (Act V
of 1898). Where any newspaper or other publication contains
any matter referred to in clause(c) of section 28 relating to any prize
competition promoted or conducted in contravention of the provisions of this
chapter or except in accordance with the provisions of a licence under this
chapter the State Government may, be notification in the Official Gazette,
declare every copy of such newspaper or other publication to be forfeited. Any person aggrieved by the decision of the
licensing authority refusing to grant a licence or cancelling or suspending a
licence may, within such time as may be prescribed, prefer an appeal to the
State Government and the decision of the State Government on such appeal shall
be final. The Licensing authority and any other officer
acting under this chapter shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code (Act XLV of 1860). No court inferior to that of a Presidency
Magistrate or a magistrate of the first class shall try any offence under this
chapter. No suit, prosecution or other legal proceeding
shall lie against the licensing authority or any other officer of the Government
for anything which is in good faith done or intended to be done under this
chapter or the rules made thereunder. (1) The State Government may, by notification in the
Official Gazette, and after previous publication, make rules for carrying out
the purposes of this chapter. (2) In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely? (a) the form and the manner of application for a
licence under this chapter and the fees, if any, for such licence ; (b) the period for which, the conditions subject to
which and the form in which, a licence may be granted under this chapter; (c) the form in which and the intervals at which
statements of accounts referred to in section 24 shall be submitted to the
liensing authority ; (d) the time within which an appeal against a decision
of the licensing authority under this chapter may be preferred to the State
Government ;(e) any other matter which is to be or may be prescribed under this
chapter.
WEST BENGAL GAMBLING AND PRIZE COMPETITIONS
ACT, 1957
Preamble 1 - WEST BENGAL GAMBLING AND
PRIZE COMPETITIONS ACT, 1957PREAMBLE