This Act may be called the 4[Tamil Nadu] Gaining Act, 1930.

This Act extends to the whole of the 5[State of Tamil Nadu] with the exception of the City of Madras as defined in the Madras City Police Act, 1888 (6[Tamil Nadu] Act III of 1888).

7[ 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,;

8( gaming does not include a lottery but includes wagering or betting.

Explanation. For the purposes 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 document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming, and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming.]

9[ (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 wilfully 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,

10[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 sub-section (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.]

11[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.]

12[(1)] 13[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 therein, and to search all parts of such place and also persons found therein.

13[(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.]

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 assistants.

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 at any game was playing for any money, wager, bet or stake.

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.

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.

On conviction of any person for keeping a common gaming-house or being present therein for the purpose of gaming, all the instruments of gaming found therein may be destroyed by the order of the 14[Judicial Magistrate], and such Magistrate may order all or any of the other articles seized, or the proceeds thereof, to be forfeited.

Nothing in sections 5 to 10 of this Act shall be held to apply to games of mere skill wherever played.

15[11-A. Payment of portion of fine to informants and Police officers. (1) The 16[Judicial Magistrate] may direct any portion not exceeding one-half, of any fine which shall be levied under sections 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 17[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.]

11-B. [Omitted] 18[]

12. Penalty for taming 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 19[one hundred rupees] or to imprisonment not exceeding 19[three months]; and such instruments of gaming and moneys shall be forfeited.

20[ 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 freed from all prosecutions under this Act for anything done before that time in respect of such gaming.]

Clause (10) and the last paragraph of section 3 and sections 6, 7 and 9 of the 21Towns Nuisances Act, 1889, (22[Tamil Nadu] Act III of 1889) are hereby repealed.

1. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

2. For Statement of Objects and Reasons, see Part IV of the Fort St. George Gazette, dated the 21st January, 1930, page 186; for Report of Select Committee, see Proceedings of the Madras Legislative Council, Volume LI, pages 1002-1006; for Proceedings in Council, sat ibid. Volume LI, pages 496-497 and 952-957. This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was extended to the Kanyakumari district and the Shencottah taluk of the Tirunelveli district by section 3 of, and the Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1957 (Tamil Nadu Act XXII of 1957) repealing the corresponding law in force in that territory.

3. Received the assent of the Governor on the 23rd February, 1930, and that of the Governor-General on the 21st March, 1930, the assent of the Governor-General was first published in the Fort St. George Gazette of the 8th April, 1930

4. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

5. This expression was substituted for the expression Presidency of Madras by the Tamil Nadu Adaptation of Laws Order, 1970, which was deemed to have come into force on the 14th January, 1969.

6. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January, 1969.

7. This section was substituted for the original section by section 2 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).

8. This definition of gaming was substituted by section 4 of the Madras City Police and Gaming (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949). The aforesaid, section 4 came into force on the 31st March, 1975, notwithstanding anything contained in any law for the time being in force or in any notification or order issued by the Government. Please see section 2 of the Tamil Nadu Horse Races (Abolition of Wagering or Betting) Act, 1974 (Tamil Nadu Act 44 of 1974).

9. This section was substituted by section 3(i) of the Madras City Police and Gaming (Amendment) Act, 1955 (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).

10. The portion within brackets was substituted for the words shall be punishable with imprisonment which may extend to one year or with fine which may extend to one thousand rupees, or with both: Provided that in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for an offence under this sub-section shall be imprisonment for not less than one month or fine of not less than five hundred rupees or both by section 2 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975).

11. This section was inserted by section 3 of the Tamil Nadu Gaining (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975).

12. 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).

13. These words were substituted for the words If any salaried Magistrate not inferior to a Magistrate of the second class by section 4 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1978).

14. These words were substituted for the word Magistrate by section 5 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975).

15. This section was substituted for the original section by section 3 of the Madras City Police and Gaming (Amendment) Act, 1950 (Madras Act XXXV of 1950).

16. These words were substituted for the word Magistrate by section 6 of the Tamil Nadu Gaming (Amendment) Act, 1976 (Tamil Nadu Act 18 of 1975).

17. These words were substituted or the word Magistrate by section 6 of the Tamil Nadu Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975).

18. Section 11-B which was inserted by section 5 of the Madras City Police and Gaining (Amendment) Act, 1949 (Tamil Nadu Act VII of 1949) was omitted by section 3(ii) of the Madras City Police and Gaming (Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955).

19. These words were substituted for the words fifty rupees and one month respectively by section 7 of the Tamil Naau Gaming (Amendment) Act, 1975 (Tamil Nadu Act 18 of 1975).

20. These sections were substituted for the original section 13 by section 8, ibid.

21. Now the Tamil Nadu Towns Nuisances Act, 1889.

22. These words were substituted for the word Madras by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.