The Arunachal Pradesh Gambling (Prohibition) Act, 2012

153 The Arunachal PBde.h Gambling (Prohibition) Act, 2012. (Act No. 8 of 2012) (Received the assent of he Govemor on 20th May, 20'l2And Published in heArunachal Prad6h EO. Gazette No. 101,VoFXlX, dated 30th May, 2012) An Act b provide for punishmentof Public gambling and kee ng ofcomrnon gaming house in the State ofArunachal Pradesh. . BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Sixty-third Year of the Republlc of lndia as follows,- 1. (1) ThisAct may be called the Arunachal Pradesh Public Shoi UAe, Gambling (Prohibition) Act, 2012. exEnt and commence- (2) It shall extend to the whole of the State of Arunachal mant. Pradesh. (3) lt shall come into forc€ on such date, as the State Government, by notificatlon appoint. 2. (1) ln this Act, unless the context otherwise requires,- Definitions- (i) "Gambling' means and includes wagering or befting except wagering or betting upon a horse , pl@ race, when such wagering or betting takes on the day on which sudl race is to be run and in 'an endosure whk$ the Servards conbolling such race have with the sanction of the State Govemment set apart for the purpose, but does not include a lottery The gambling also includes game lik€'Boli'which is played among a group of people for a certain tenure in which equal amount of money is first collecled at one lot and the part of that collected money is taken by one member on "Boli' (bid) and subsequenty this game rotates in like manner or any kind of such similar other game; 154 (ii) "lnstrument of gaming" includes any article used or intended to be used as a subject or means of gaming, any document used or intended to be used such as a register or record or evidence of any gaming, the proceeds of any gaming and any winning or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming; (iii) "Common gaming-house" - means, any house or room or tent or enclosure or vehicle or vessel or any place whatsoever in which any instruments of gaming are kept or used for gaming purpose; (a) with a view to profit or gain of any person owning, occupying or keeping such house, room, tent, enclosure, vehrcle, vessel, or place whether byway ofcharge forthe use ofsuch . house, roon\ tent, enclosure, vehicle, vessel, place or instruments or otherwise however; (b) with orwithout a viewto such profit or gain if the gaming for the purpose of which such instruments are kept or used, is gaming on any figures or numbers or dates to be subsequently ascertained or disclosed or on the occurrence or non-occurrence of the quality or extent of natural event: (2) TheArunadral Pradesh lnbrprebtirn and Generalchuses Act, 1982 (Act No.3 of 1982) shall applies for interpretation of thisAct as it applies for interpretations of other Acts of the State. Penaltyfor 3 (1) Whoeve( being the owner or occupieror having the use owning for of any house, room, tent, enclosure, space, vehicle or keeping or place in the State ofArunachal Pradesh, opens, keeps, hains or uses the seme as a common gaming house; and charge of (2) Whoever, being he oameroroccupier ofany such house, a gaming room, tent, enclosure, space, vehicle, vessel or place house. as aforesaid, knowing or willfully permits the same to be opened, occupied, used or kept by any other person as a common gaming house, and; 155 (3) Whoever, has the.care or management of or in any manner assists in conducting the business of any house, room, tent, enclosure, space, vehicle, vessel or phce as aforesaid, opened, occupied., used or kept for the purpose aforesaid: and (4) Whoever, advances or furnishes money or enters into "Boli" for the purpose of ;gaming with persons frequenting such house, room, tent, enclosure, space, vessel or place, shall be liable to imprisonment for a term which may extend to six months and shall also be liable to fine which may extend to ten thousand rupees or with both. Provided that otfences under this section shall be a cognizable offence and the court shall take cognzance ofoffence under sec'tion 190 (1) (b)ofthe Code of Criminal Proced ure on the report of a Police Ofhcer. 4. (1) Whoever, is found in any such house, room, tent, Penalty for enclosure, space, vehicle, vessel or place, playing or being found gaming with cards, dice counters, money or other in gaming instruments of gaming, or is bund there present for house. the purposes of gaming, u,tether phyirp for any money, wager, stake or otherwise, shall be liable to imprisonment for a term which may extend to three months and shall also be liable tc fine which may exbnd to fNe thousand rupees or with both. (2) Whoevet is found in any common gaming house during any gaming or playing therein shall be presumed, untll the contrary is proved, to have been there for the purpose of gaming. Provided that, otfence under this section shall be a cognizable offence under section 3 of this Act and no court shall take cognizance of such offence under section 190(1) (b) of the Code of Criminal Procedure, except on the report of a Police Officer. 156 5 Powers to (1) lf the Distsict Magistrate or any other Officer invested enterand with the powers of a Magistrate, or the District authorae Superintendent of Police, upon credible information, police to and afier such enquiry, as he may think n@ssary enterand has reason to believe that any house, room, tent, search. enclosure, space, vehicle, vessel or place, is used as a common gaming house, may enter either by himself or by his warrant authorized any officer of police, not below the rank of SuLlnspector to enter wth such assistance, as may be necessary by night or by day, and by force, if necessary any such house, room, tent, enclosure, space, vehicle, v6sel or place; (2) and either by himselftake into custody, or authorize such officer to take into custody all persons whom he or such officer finds therein whether or not the actually gaming; (3) and may seize by himself or auhorize such officer to seize all inslruments of gaming, and all monies and securities of money and article of value, which are found therein, and which are reasonably suspectd to have been used or intended to be used for the puDose of gaming ; (4) and may search by himself or authorize such ofrrcer to search all parts of the house, room, tent, enclosure, vehicle, vessel, space or place which he orsuch officershallhave so entercd when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody; (5) and may seize by himself or authonze such officer to seize and take possession of all instruments or gaming found upon such search. 157 6. When any cards, dice, gaming-tables, cloths, boards or Finding,cads, other instruments of gaming are found in any house, room, etc. in tent, endosure, space, vehicle, vesselor place entered or suspecfed searched under the provisions of section 5 of this Act or frouses, to be about the person of any of those who are found therein, it evidence that shall be evidence untilthe contrary is made to appea( that such houses such house. room, tent, enclosure, space, vehrcle. vessel are comrfotl or phce is used as a common gaming-house and that the wmw persons found and pre.sent therein wFre for the purpose of houses. gaming, although no play was actually seen by the Magistrate or the polic€ officer or any of their assistants. 7. lf any person is found in any common gaming-house Penalty on entered by any Magistrate or police officer under the persons provisions of this Act, upon being arrested, by any such anested for officer or upon being brought before any magistrate, on giving false being required by such Magistrate or officer to give his nam6s and name and ddress, refuse or neglect to give the same, or addresses. give any false name or addrqss, he may upon conviction before the same or any other Magistrate be adiudged to pay penalty not exceeding live thousand rupees, together with such costs as to such Magistrate which my appear reasonable, and on non-payment of such penalty and costs, or in the first instances, if to such Magistrate it shall deem fit, may imprisoned for a term which may extend to one month. 8. On conviction of any person for keeping or using any such On conviction common gaming-house or b€ing present therein for the for keeping purpose of gaming, the convicting Magistrate may order gaming-house, all the instruments of gaming found therein to be instruments of destroyed, and may also order all or any of the securities gaming to be of money and other articles seized, not being instruments destroyed. of gaming, to be sold and converted into money, and may the proceeds thereof with all monies seized therein to be forfeited or, in his discretion, may order any part thereof to be returned to the persons appearing to have been sevelally thereunto entitled. 158 9. Proof of lt shall not be ne@ssary an ordertoconvict any person playtng of keeping a common gaming-house or of being for slakes concemed in the management ofany comrnon gaming- unnecessaty house, to prove that any person found playing at any gaming was playing for any money, wager stake. llagistrate (1) 1' 0. ltshatl be lawfulfor the Magistrate, before whom may rcquire any personsshallbe brought, who have beenfound any percon in any gaming house, room, tent, enclosure, space, apprchended vehicle, Vesselorplace entered under the provisions to be sworn of this Act, to require any such persons to be and give examined on oath or solemn affirmation, and give eviden@. evidence touching any lawful gaming in such gaming-house, room, tent, enclosure, space, vehicle, vessel or place or touching any act done for the purpose of preventing, obstructing, or delaying the entry into such gaming-hous6, room, tent, enclosure, space, vehicle, vessel or place or any part thereof, of any Magistrate or officer authorized as doresaid. (2) No person so required to be examined as a witness shall be excused from being so exainined when brought before such Magistrate as aforesaid, or from being so examined at any subsequent time or by or before the same or any other Magistrate or by or before any court on any proceeding or trial in any ways relating to such unlawful gaming or any such acts as aforesaid, or from answering any question put to him touching the matters aforesaid on the ground that his evidence will tend to incriminate himself. - (3) Any such person so required to be examined as a witness who refuse to take oath or take affirmation accordingly or to answer any such question as afcresaid, shall be subject to dealtwith all respects as person committing the offence described in section 178 or section 179 ( as the case may be) of the lndian Penat Code ( 45 of 1860). 159 . 11 Any person who shall have been concerned in gaming Witness contrary to this Act, and who shall be examined as a indemnilied witness before a Magistrate on the trial ofany person for a breach of any of the provisions of this Act, relating to gaming and who, upon such examination, shall, in the opinion of the Magistrate make true and faithfuldiscovery to the best of his knowledge of the things as to'which he .shall be examined shall thereupon, receive from the Magistrate a certificate in writing to that effect, and shall be freed ffom all prosecutions under this Act for anything done before that time in respect of such gaming 12r' (1)- A police officer may, apprehend without warrantany Gaming and persdn tiaming in public street, place or thoroughfare sefting bitds situated within the Shte of Arunachal Pradesh, or and animals any person setting birds or animals to fight in any tc ".ht in public street, place or thoroughfare situated within pu. :( the State ofArunachal Pradesh; or str€. (2) any person presenttherein, aiding and abetting gich . public gaming or fighting of birds and animals, sucl' person when apprehended shall be brought with.Jut delay before a Magistrate and shall be liable to imprisonment for a term which may extend to three months and shall also be liable to a fine which may extend to ten thousand rupees or with bolh; and (3) such police officer may seize all instruments of gaming found in such pub c stre€t, place or thoroughfare of the person of those whom he shall so arrest and the Magistrate may, on conviction of ' - the offender, order such instuments to be destroyed ' forthwith. (1) 13. This Act does not include any game whrch rs being Exemption of played occasionally without involving any money and games of merety for the sake of ent€rtainment or any game mere skill. pldyed for specific period on the eve of any festival after obtaining due permission from the competent authority. 160 Provided that the District Magistrate may, taking into account the provisions of thisAct, dispose of the application seeking permission for a game to be played within their jurisdiction. Offences 14 Offences under this Act shall be kiable by any Magistrate by whom having iurisdiction in the place where the offence is tiable. committed. However, such Magistrate shall be restrained within the limits of his jurlsdiction under the Code of Criminal Procedure, 1973 as to the amount ot fine or imprisonment he may inflict. Penalty 15 Whoever, having been convicted of an offence punishable forsub- under sections 3 and 4 of this Act, again is found guilty of sequent any offence punishable undereither sections shall be subject ofrence. for every such subsequent offence to double the amount of punishment to which he would have been liable for the first commission of an offence of the same description. of Portion 16 The Magistrate trying the case may direct any portion of fine may any fine which shall be,levied under section 3 or section 4 or be paid to section 15 of thisAct, or any part of the monies or proceeds the hformer. or afticles seized and ordered to be forfeited under this Act, to b'e paid to the informer. Recovety 17 All fines imposed under this Act may be recovered in the of fines. manner prescilbed in the Code of Criminal Procedure, 1973. Powerto 18 (1) The State'Government may, by notification in the make Official Gazette make rules for carrying out the rules. provisions of this Act. (2 ' ) Every rule made by the Government under this Act, shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session, for a total period of ten days which may be comprised in one il session, or in two or more successive sessions, and before the expiry of the session in which it is so laid, immediately following the session or the successive sessions aforesaid, the Legislative Assembly make any modification in the rule or resolves that the rule should be made, the rule shallthBreafier have effect only in such modified form or be of no effect as the case may be, so however, that such modiflcation or annulment shall be without prejudice to the validity of anything previously done under that rule.