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The Tamil Nadu Gaming Act, 1930 Complete Act - Bare Act

StateTamil Nadu Government
Year
Act Info:
THE TAMIL NADU GAMING ACT, 1930

THE TAMIL NADU GAMING ACT, 1930

THE TAMIL NADU ADAPTATION OF LAWS ORDER, 1969, ACT NO.III OF 1930
An Act to provide for the punishment of gaming and the keeping of common gaming-houses in the Tamil Nadu Adaptation of Laws Order, 1970 [State of Tamil Nadu].

Preamble
" WHEREAS it is expedient to make provision for the punishment of gamming and the keeping of common gaming-houses in the Tamil Nadu Adaptation of Laws Order, 1970 [State of Tamil Nadu] And whereas the previous sanction of the Governor-General has been obtained to the passing of this Act; It is hereby enacted as follows:

1. Short title
" This Act may be called the Tamil Nadu Adaptation of Laws Order, 1969 [Tamil Nadu] Gaming Act, 1930.

NOTES
S.1 It is not proper to pass an order of confiscation of money found on the person of the gambler. The person who keeps the gaming House should be furnished more severely than the gambler " 1937 MWN 89.
Once when there is no evidence that the shop was a common gaming House, arrest in consequence thereof is not legal. Obstruction to such an arrest is not an offence " 1934 MWN 616
Act is not retrospective " 61 MLJ 474

2. Extent "
This Act extends to the whole of the Tamil Nadu Adaptation of Laws Order, 1970 [State of Tamil Nadu] with the exception of the City of Madras as defined in the Madras City Police Act, 1888.
The Tamil Nadu Act IV of 1946 and VIII of 1948,
3. Definition. " In this Act, unless there is anything repugnant in the subject or context "
˜
common gaming-house' means any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which cards, dice, tables or other 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 or place whether by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel or place or otherwise howsoever; and includes any house, room, tent, enclosure, vehicle, vessel or place opened, kept or used or permitted to be opened, kept or used for the purpose of gaming.
Tamil Nadu Act VII of 1949. The aforesaid section 4 came into force on the 31st March 1975. Please See Section 2 of the Tamil Nadu Horse Races (Abolition of Wagering or Betting) Act, 1974 (Tamil Nadu Act 44 of 1974). [˜gaming' does not include a lottery but includes wagering or betting.
Explanation. " For the purpose of this definition, 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, in respect of any wager or bet, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt, or distribution].
˜
instruments of gaming' includes any article used or intended to be used as a subject or means of gaming, any documents used or intended to be used as a register or record or evidence of any gaming, the proceeds or any gaming, and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming.]

NOTES
S.3 : The word "Person" includes an artificial person like corporation. It is only relevant whether the club makes a profit. It is a common gaming House if the activities carried on attracts the provisions of the Act " 1947 MWN 757.
S.3 : Passenger in a bus in possession of betting slips " Not an offence " AIR 1958 A.P. 327
S.3 : Even if entry is restricted to particular section of the public, still it will be a gaming house " (1938) 2 MLJ 266.
S.3 : Rent received for the building used as a gaming House. Owner whether makes profit and liable for prosecution " (1938) 2 MLJ 266
Ss. 3,8 : Wagering of betting will not come within the definition of Gaming " (1945) 1 MLJ 163.
Ss. 3,9 : House must be used for common gaming " AIR 1953 Mad 243.
Tamil Nadu Act XVI of 1955 for section 4 which was substituted for the original section by Section 3 of the Madras Gaming Amendment) Act, 1946 (Madras Act IV of 1946), re-enacted permanently by Section 2 of and the First Schedule to, the Tamil Nadu Re-enacting (No.II) Act, 1948 (Tamil Nadu Act VIII of 1948), Section 3 of the Madras City Police and Gaming (Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955) was extended to the added territories by section 10 of the Tamil Nadu (Added Territories) Extension of Laws (No.2) Act, 1961 (Tamil Nadu Act 39 of 1961)
4. Penalty for opening etc., for certain forms of gaming. " (1) Whoever " (a) being the owner or occupier or having the use of any house, room, tent, enclosure, vehicle, vessel or place, opens, keeps or uses the same for the purpose of gaming "
(i) on a horse-race, or
(ii)on the market price of cotton, bullion or other commodity or on the digits of the number used in stating such price, or
(iii) on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or
(iv) on the market price of any stock or share or on the digits of the number used in stating such price, or
(v) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place, or
(vi) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes in money or otherwise is made to depend on chance; or
(b) being the owner or occupier of any such house, room, tent, enclosure, vehicle, vessel or place knowingly or willfully permits the same to be opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or
(c) has the care or management of, or in any manner assists in, conducting the business of, any such house, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or
(d) advances or furnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such house, room, tent, enclosure, vehicle, vessel or place.
Section 2 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975), [shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court "
(i) such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence ;
(ii) such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for a second offence; and
(iii) such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees for a third and subsequent offences.]
(2) Whoever is found in any house, room, tent, enclosure, vehicle, vessel or place referred to in subsection (1), gaming on any of the objects specified in that sub-section, or present, for the purpose of gaming on any such object shall be punishable with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.
Any person found in any such house, room, tent, enclosure, vehicle, vessel or place during any gaming therein on any of the objects specified in sub-section (1) shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on such object.
(3) Whoever is found gaming on any of the objects specified in sub-section (1) 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 which may extend to three months or with fine which may extend to three hundred rupees, or with both.]

NOTES
S.4 : Offering of prizes to some of purchasers of tickets not an offence " (1962) 2 MLJ 276.
S.4 (1) (a) (vi) " Game of chance and game of skill Distinction " 1959 MWN 171
Section 3 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975), [
4-A. Presumption of offence " (1) Where in any trial of an offence punishable under sub-section (1) of Section 4, it is proved that "
(i) slips containing certain digits showing the market price of cotton, bullion or other commodity, or
(ii) accounts, which appear to relate to cash received or disbursed for the purpose of wagering or betting on the market price of cotton, bullion or other commodity, or
(iii) news " papers containing publication of such price.
are found in any house, room, tent, enclosure, vehicle, vessel or place, it shall be presumed unless the contrary is proved that such house, room, tent, enclosure, vehicle, vessel or place is used for the purpose of gaming within the meaning of sub-section (1) of Section 4.
(2) Where in any trial of an offence punishable under sub-section (2) or sub-section (3) of section 4, it is proved that the accused person is found in possession of any of the materials specified in sub-section (1), it shall be presumed unless the contrary is proved that the accused has committed the offence of gaming within the meaning of sub-section (2) or sub-section (3), as the case may be, of section 4.]

5. Power to grant warrant to enter a common gaming house
" Section 5 was re-numbered as Section 5 (1) and to the section as so re-numbered sub-section (2) was added by Section 2 of the Madras Gaming (Amendment) Act, 1933 (Madras Act VII of 1933) [(1)], Section 4 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975). [If any Judicial Magistrate not inferior to a Judicial Magistrate of the second class] or any Police Officer not below the rank of a Deputy Superintendent of Police has reason to believe that any place is used as a common gaming-house, he may by his warrant give authority to any Police Officer, not below the rank of a Sub-Inspector, to enter with such assistance as may be found necessary, by night or by day, any such place, and to arrest all persons found therein and to seize all instruments of gaming and all moneys and 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 there, and to search all parts of such place and also persons found therein.
[(2) Any Police Officer having power to issue a warrant under sub-section (1) may, instead of doing so, himself exercise all or any of the powers exercisable under such warrant.]

NOTES
S.5 : Scope and requirements under " (1964) 1 MLF 404
S.5 : Search Warrant " No prescribed from " AIR 1953 Mad. 243
S.5 : Persons present in the gaming house, but not participating " Whether guilty " (1942) 1 MLJ 202;
Ss.5,6: Warrant contents of " (1948) 1 MLJ 121 : (1938) 1 MLJ 509: (1946) 1 MLJ 436: 68 MLJ 421: (1945) 2 MLJ 537
S.5,6 : The mere finding of cards or instruments in search is only a piece of evidence " (1937) 2 MLJ 741.
Ss.5,6 : Occasional use of the place " Whether offence committed " 68 MLJ 421.
Ss.5,6 : The presumption under S.6 will be only with reference to searches made under S.5 and not under the Criminal Procedure Code " 68 MLJ 421
Ss.5,6 : Issue of Warrant under S.5 not proved " presumption under S.6 whether can be drawn? " (1957) And Wr. 340.
Ss.5,6 : Police officer having power to issue a search warrant " himself can search " (1959) 2 MLJ 540.
Ss.5,10 : Prosecution need not prove that the money seized from persons in the gaming house was used or intended to be used for gaming " (1942) 1 MLJ 202.

6. Cards, dice, etc., found in search under last section to be evidence that place is a common gaming house.
" Any cards, dice, gaming table or cloth, board or other instruments of gaming found in any place entered or searched under the provisions of the last preceding section. or on any person found therein shall be evidence that such place is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Police Officer or any of his assistance.

NOTES
Ss.5,6 : Police officer having power to issue a search warrant " himself can search " (1959) 2 MLJ 540.
Ss.5,6 : Issue of Warrant under S.5 not proved " presumption under S.6, whether can be drawn? " (1957) And W.R. 340.
Ss.5,6: Warrant contents of " (1948) 1 MLJ 121 : (1938) 1 MLJ 509: (1946) 1 MLJ 436: 68 MLJ 421: (1945) 2 MLJ 537
S.5,6 : The mere finding of cards or instruments in search is only a piece of evidence " (1937) 2 MLJ 741.
Ss.5,6 : Occasional use of the place " Whether offence committed " 68 MLJ 421.
Ss.5,6 : The presumption under S.6 will be only with reference to searches made under S.5 and not under the Criminal Procedure Code " 68 MLJ 421
S.6 : Presumption " Scope and extent of " (1945) 2 MLJ 521 : (1946) 2 MLJ 436: (1949) 1 MLJ 63.
S.6 : Common gaming House-presumption of " (1944) 2 MLJ 408
S.6 : Scope of " (1939) 2 MLJ 618.
S.6 : duty of prosecution " (1938) 2 MLJ 268 : (1932) MWN 641
S.6 : Mere discovery of instruments will not prove the offence. It is only a piece of evidence (1945) 2 MLJ 521.
S.6 : Presumption under S.6 can arise only when warrant was issued under
S.5 : 1957 MLJ (Crl.) 537
S.6 : when seizure is effected of betting materials, place must be held to be a common gamming house " (1964) 1 MLJ 604.
S.6 : Scope of (1960) MLJ (Crl.) 382
S.6 : Presumption " When arises " Duty of prosecution " (1959) 2 MLJ 540.

7. Proof of playing for stakes unnecessary.
" Itshall 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 at any game was playing for any money, wager, bet or stake.

8. Penalty for opening, etc., a common gamming-house
" Whoever opens, keeps or uses, or permits to be used any common gaming-house, or conducts or assists in conducting the business of any common gaming-house or advances or furnishes money for gaming therein, shall be liable on conviction to fine not exceeding five hundred rupees, or to imprisonment not exceeding three months, or to both.

NOTES
S.3,8 : Wagering of betting will not come within the definition of Gaming " (1945) 1 MLJ 163.
S.8 : Throwing darts in a game " Offence " Whether made out and if so against whom? " (1944) 2 MLJ 42.
S.8 : Charge sheet filed by Sub-Inspector " Not examined " Itself is not fatal " AIR 1962 Mad 403.
S.8 : Requisites for conviction under " 1959 MWN 456.
Ss. 8,9 : Prosecution must prove that the premises that the persons were found gaming was a common gaming house " (1949) 1 MLJ 63.
S.8,9 : Money found in the persons " Confiscation " See 1960 MLJ (Crl.) 16
S.8,9 : A person who was the owner of the house was acquitted under S.8. Others have to be acquitted under S.9 " Alr 1951 Mad 785

9. 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 liable to fine not exceeding two hundred rupees or to imprisonment not exceeding one month; 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 purpose of gaming.

NOTES
Ss. 3,9 : House must be used for common gaming " AIR 1953 Mad 243
Ss. 8,9 : Prosecution must prove that the premises that the persons were found gaming was a common gaming house " (1949) 1 MLJ 63.
S.9 : House, if used for profit, will be a gaming House " (1945) 2 MLJ 521.
S.9 : When once the place was found not be used for the purpose of profit, it is not a common gamming house. There cannot be conviction under S.9 (1945) 2 MLJ 521.
S.9 : Scope of " (1944) 2 MLJ 408.
S.9 : "Found gaming" " Meaning of " (1952) MLJ 686
S.9 : Servants not participating in the games cannot be convicted " AIR 1940 Mad 227.

10. Instruments of gaming may be ordered to be destroyed on conviction
" On conviction of any person for keeping a common gamming-house or being present therein for the purpose of gaming, all the instruments of gaming found therein for the purpose of gaming, may be destroyed by the order of the Section 5 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975) [Judicial Magistrate], and such Magistrate may order all or any of the other articles seized, or the proceeds thereof, to be forfeited.

NOTES
S.10 : Money found in the gaming house " Confiscation of "Validity " AIR 1936 Mad 65.
S.10 : Confiscation of money " character of money " 1960 MLJ (Crl.) 16.

11. Saving of games of skill
- Nothing in Section 5 to 10 of this Act shall be held to apply to games of mere skill wherever played.
Section 3 of the Madras City Police and Gaming (Amendment) Act, 1950 (Madras Act XXXV of 1950). [
11-A. Payment of portion of fine to informants and Police Officers " (1) The Section 6 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975) [Judicial Magistrate] may direct any portion not exceeding one-hall, of any fine which shall be levied under section 4, 8 or 9 and of the moneys or proceeds of articles seized and ordered to be forfeited under Section 10, to be paid to such informants and Police Officers as may have assisted in the detection of the offender.
A direction under this sub-section may also be made by any Court of appeal, reference or revision.
(2) Where a direction is made under sub-section (1), the [Judicial Magistrate] concerned shall send the amount to be paid under that sub-section, to the District Superintendent of Police, who shall distribute it among such of the informants and Police Officers aforesaid as may be chosen by him and in such proportions as he thinks fit.
(3) The amount aforesaid shall not be sent to the District Superintendent of Police until the expiry of three months from the date of the direction under sub-section (1), or if an appeal is presented within that period, until the appeal has been disposed of.]
Section 3 (ii) of the Madras city Police and Gaming (Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955) [
11-B] [ *****]

12. Penalty for gaming in public street, etc, -
Whoever is found gaming with cards, dice, counters, money or other instruments of gaming in any public street, place or thoroughfare or publicly fighting cocks, shall be liable on conviction to fine not exceeding Section 7 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975) [One hundred rupees] or to imprisonment not exceeding [three months]; and such instruments of gaming and moneys shall be forfeited.

NOTES
S.12 : "Place" " Meaning of " AIR 1938 Mad 74.
S.12 : Pial of a private house is not a public place " 1933 MWN 1422
S.12 : To be a public place it is not necessary that it should be a public property. If it is a private one, it must be proved that the public have access to it and in fact they resort to it - (1950) 1 MLJ 561.
The original section 13 by Section 8, ibid [
13. Offences under the Act to be cognizable " Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), all offences punishable under this Act shall be cognizable.

13-A. Indemnification of witness
" Any person who shall have been concerned in gaming contrary to this Act, and who shall be examined as a witness before a Judicial Magistrate on the trial of any person for a breach of any of the provisions of this Act relating to gaming, 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 free from all prosecutions under this Act for anything done before that time in respect of such gaming.]

14. Repeal
" Clause (10) and the last paragraph of Section 3 and Section 6,7 and 9 of the Town Nuisance Act 1889, are hereby repealed.
Tamil Nadu State Acts


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