Telangana act 027 of 1974 : The Telangana Gaming Act, 1974.

THE TELANGANA GAMING ACT, 1974.

(ACT NO. 27 OF 1974.)

ARRANGEMENT OF SECTIONS

Sections

1. Short title, extent and commencement.

2. Definitions.

3. Penalty. 3A. Offences by companies.

4. Penalty for being found gaming in a common gaming house.

5. Offences are cognizable and non-bailable.

6. Instruments of gaming found in a place entered or searched to be evidence that the place is common gaming house.

7. Provisions of sections 4 and 6 not to apply in certain cases.

8. Instruments of gaming, etc., found in a common gaming house may be ordered to be destroyed or forfeited on conviction.

9. Penalty for gaming or setting birds or animals to fight in a public street or place.

10. Power to arrest without warrant for gaming or setting birds or animals to fight in public street or place and to seize moneys, instruments of gaming birds and animals.

11. Presumptive proof of gaming.

12. Instruments of gaming etc., found in public street or place may be ordered to be destroyed or forfeited on conviction.

1

2 [Act No. 27 of 1974]

13. Indemnification of persons concerned who are examined as witnesses.

14. Payments of portion of fine to informants.

15. Power to remove difficulties. 15A. Over riding effect.

16. Power to make rules.

17. Repeals and Savings.

2

THE TELANGANA GAMING ACT, 1974.¹

ACT No.27 OF 1974.

1. (1) This Act may be called the²Telangana Gaming Act, 1974.

(2) It extends to the whole of the²State of Telangana.

(3) It shall come into force on such date as the Government may, by notification in the²Telangana Gazette, appoint.

2 . In this Act, unless the context otherwise requires,-

(1) "common gaming house", means-

(i) in the case of gaming-

(a) on a horse-race except in the manner provided in clause (2); or

(b) on the market price of cotton, bullion or other commodity or on the digits of the number used for stating such price; or

(c) on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation; or

1. The Andhra Pradesh Gaming Act, 1974 received the assent of the Governor on the 22^nd August, 1974. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated

01.06.2016.

2 . Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2 016. Definitions.

Short title, extent

and

commencement.

3

2 [Act No. 27 of 1974]

(d) on the market price of stock or share or on the digits of the number used for stating such price ; or

(e) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place; or

(f) 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, any house, room, tent, enclosure, vehicle, vessel 3 [cyber space] or any place whatsoever in which the gaming takes place or in which the horses or other instruments of gaming, are kept or used for such gaming; ⁴[(ii) in the case of any other form of gaming, any house, room, tent, enclosure, vehicle, vessel, cyber space or any place whatsoever in which any 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, cyber space or any place, whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel, cyber space or any place or instruments of gaming or otherwise howsoever; Explanation:- For the purpose of sub-clause (ii), any premises or place or cyber space belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, which is used or kept for purposes of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society, company or other association of persons on account thereof;]

3. Inserted by Act No.29 of 2017.

4

[Act No. 27 of 1974] 3

(2) "gaming" means playing a game for winnings or prizes in money or otherwise and includes playing a game of mutka or satta⁵[or online gaming for money or any other stakes] and lucky board and wagering or betting, except where such wagering or betting takes place upon a horse- race-

(i) on the day on which the horse-race is to be run ;

(ii) in an enclosure which the stewards controlling the horse-race⁶[or race meeting] have, with the sanction of the Government set apart for the purpose ; and

(iii) (a) with a licensed book maker ; or

(b) by means of a totalisator ; but does not include a lottery ; Explanation.—For the purpose of this clause- ⁷[(i) Wagering or betting shall include,-

(a) collection or soliciting of bets;

(b) the receipt or distribution of winnings or prizes in money or otherwise in respect of any wager or bet;

(c) any act which is intended to aid, induce, solicit or facilitate wagering or betting or such collection, soliciting, receipt or distribution;

(d) any act of risking money, or otherwise on the unknown result of an event including on a game of skill;

5

4 [Act No. 27 of 1974]

(e) any action specified in sub-clause (a) to (d) carried out directly or indirectly by the players playing any game or by any third parties;]

(ii) "totalisator" means a totalisator in an enclosure which the stewards controlling a race meeting have set apart in accordance with sub-clause (ii) and includes any instrument, machine or contrivance known as the totalisator or any other instrument, machine or contrivance of a like nature or any scheme for enabling any number of persons to make bets with one another on the like principles; ⁸[(iii) „race meeting" means a meeting held for the purpose of horse racing at a race course within the State of

9 Telangana and includes a meeting held at such race course for the purpose of betting on any horse race at any other race course outside the State.]

(3) "Government" means the State Government; ¹⁰[(4) Instruments of gaming includes cards, dice, gaming tables, or clothes, boards or any other article used or intended to be used as a subject or means of gaming, any document, electronic form or record, digital form or record used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming which includes online electronic transfer of funds or transactions and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming.]

6

[Act No. 27 of 1974] 5 3.¹¹[(1) Any person who opens, keeps, operates, or uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable-

(i) for the first offence, with imprisonment for a term which may extend to one year and with fine which may extend to five thousand rupees; but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than three months and fine of not less than three thousand rupees;

(ii) for every subsequent offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees; but in the absence of special reasons to be recorded in writing the punishment awarded under this clause shall be-

(a) for a second offence, imprisonment for not less than six months and fine of not less than five thousand rupees;

(b) for a third or subsequent offence, imprisonment for not less than one year and fine of not less than ten thousand rupees.]

Explanation.—For the purpose of this section, the expression "person" includes the owner, or as the case may be, the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place.

7

6 [Act No. 27 of 1974]

(2) It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake.

12 [3A. Where a person committing a contravention of this section or any other provisions of this Act is a company, every person who, at the time of the contravention was committed, was incharge of, and was responsible to the company, for the conduct of the business of the company as well as the company, its managing directors and other directors, shall be deemed to be guilty of the contravention 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 punishment if he proves that the contravention took place without his knowledge of that he exercised all due diligence to prevent such contravention.]

13 [4. Whoever is found gaming, or present for the purpose of gaming in a common gaming house shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees, or with both.]

Explanation.—For the purpose of this section, any person found in any common gaming house during gaming therein shall be presumed to have been present there for the purpose of gaming.

12. Inserted by Act No.29 of 2017.

13. Substituted by Act No.29 of 2017. Penalty for being

found gaming in a

common gaming

house.

Offences by

companies.

8

[Act No. 27 of 1974] 7 14 [5. (1) Every offence under this Act are cognizable and non-bailable.

(2) Any Police Officer not below the rank of Sub- Inspector of Police has got authority-

i) to enter any place and at any time with such force and with such assistance as may be found necessary;

ii) to arrest all persons found therein;

iii) to search all such persons and all parts of such place; and

iv) to seize-

(a) all moneys found with such persons;

(b) all investments of gaming; and

(c) all moneys, all 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 in such place;

v) to freeze bank accounts which are used for the purpose of gaming.]

14 [6. Where any instruments of gaming are found in any place entered or searched, on or about the person found therein, it shall be presumed that such place is used as a common gaming house and that the persons found therein were present there for the purpose of gaming although no

14. Substituted by Act No.29 of 2017. Offences are

cognizable and

non-bailable.

Instruments of

gaming found in a

place entered or

searched to be

evidence that the

place is common

gaming house.

9

8 [Act No. 27 of 1974] gaming was actually seen by the police officer or any of his assistants.]

15 [7. Nothing in the Explanation to section 4, or in section 6 shall apply to persons found in a premises or place belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, unless such persons are actually found gaming or facilitating such gaming in any manner in such premises or place.]

8. On conviction of any person for opening, keeping or using or permitting the use of a common gaming house, or gaming therein or being present for the purpose of gaming, the convicting magistrate,-

(i) may order all the instruments of gaming found therein or on or about the person found therein, to be forthwith destroyed or forfeited; and

(ii) may order-

(a) all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof with all moneys seized to be forfeited ; or

(b) any part of such proceeds, and other moneys to be paid to any person appearing to be entitled thereto. 15 [9. (1) Whoever is found gaming or reasonably suspected to be gaming 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 for a

15. Substituted by Act No.29 of 2017. Provisions of

sections 4 and 6

not to apply in

certain cases.

Instruments of

gaming, etc.,

found in a

common gaming

house may be

ordered to be

destroyed or

forfeited on

conviction.

Penalty for

gaming or setting

birds or animals

to fight in a public

street or place.

10

[Act No. 27 of 1974] 9 term which may extend to six months or with fine which may extend to five thousand rupees or with both.

(2) Whoever is found setting any birds or animals to fight or is reasonably suspected to be aiding or abetting such fighting of birds or animals 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 for a term which may extend to six months or with fine which may extend to five thousand rupees or with both.]

10. (1) Any police officer may arrest and search without warrant any person referred to in section 9.

(2) Any such police officer may seize all moneys, all instruments of gaming and all things reasonably suspected to be instruments of gaming found in the public street, thoroughfare or place or found with the persons arrested by him and all birds or animals found with the persons arrested by him or are reasonably suspected to have been kept for being set to fight in the public street, thoroughfare or place.

11. When any thing is seized under sub-section (2) of section 10, and if the magistrate is satisfied that the police officer who seized it has reasonable grounds for suspecting that the thing so seized was an instrument of gaming, it shall be presumed that such thing was an instrument of gaming and that the person on or about whom the thing was found was present in the public street, thoroughfare or place for the purpose of gaming.

12. On conviction of any person under section 9, the convicting magistrate may order that-

(i) all the instruments of gaming seized, shall forthwith be destroyed or forfeited;

Power to arrest

without warrant

for gaming or

setting birds or

animals to fight in

public street or

place and to seize

moneys,

instruments of

gaming birds and

animals.

Presumptive proof

of gaming.

Instruments of

gaming etc.,

found in public

street or place

may be ordered to

be destroyed or

forfeited on

conviction.

11

10 [Act No. 27 of 1974]

(ii) all birds or animals seized, shall be sold and the proceeds thereof with all the moneys seized shall be forfeited.

13. Any person who is concerned in gaming contrary to the provisions of this Act, and who is examined as a witness before a magistrate on the trial of any person for a breach of any of the provisions of this Act and who upon such examination, makes true and faithful discovery to the best of his knowledge of all things as to which he is so examined, shall thereupon receive from the said magistrate a certificate in writing to that effect and shall be freed from any prosecution under this Act for any thing previously done in respect of that particular gaming.

14. (1) The convicting magistrate may direct any portion, not exceeding one half, of any fine which is imposed under section 3, section 4 or section 9 and of the moneys or the proceeds of articles seized and ordered to be forfeited under section 8 or section 12 to be paid to such informants as may have assisted in the detection of the offenders.

(2) A direction under sub-section (1) may also be made by any court of appeal, reference or revision.

(3) Where a direction is made under sub-section (1) or sub-section (2) the magistrate or court concerned shall send the amount to be paid under sub-section (1) or sub-section (2), as the case may be in the area within the jurisdiciion of the Commissioner of Police, Hyderabad to the said Commissioner and elsewhere to the Superintendent of Police, who shall distribute it among such of the informants aforesaid as may be chosen by him in such proportion as he thinks fit.

Indemnification of

persons

concerned who

are examined as

witnesses.

Payments of

portion of fine to

informants.

12

[Act No. 27 of 1974] 11

(4) The amount to be paid as aforesaid shall not be sent to the Commissioner of Police or the Superintendent of Police until the expiration of three months from the date of the direction under sub-section (1) or if an appeal, reference or revision is made within the period, until the same is disposed of.

16 [15. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order in the Telangana Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing such difficulty:

Provided that no order shall be made under this section after the expiry of two years from the date of commencement of the Telangana Gaming (Amendment) Act, 2017.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature.]

17 [15-A. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.]

16. (1) The Government may, by notification in the

18 Telangana Gazette make rules for carrying out all or any of the purposes of this Act.

(2) Every rule made under this section shall immediately after it is made, be laid before each House of the State Legislature if it is in session immediately following for a total

16. Substituted by Act No.29 of 2017.

17. Inserted by Act No.29 of 2017.

18. Substituted by G.O.Ms.No.45, Law (F) Department, dated

01.06.2016.

Power to remove

13

12 [Act No. 27 of 1974] period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annuled, as the case may be ; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

17. The Andhra Pradesh (Andhra Area) Gaming Act, 1930, and the Andhra Pradesh (Telangana Area) Gambling Act, 1305 F. are hereby repealed:

Provided that such repeal shall not affect of the previous operation of the said Acts and subject thereto, anything done or any action taken in the exercise of any powers conferred by or under the Acts so repealed shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken. * * *

Repeals and

Savings.

Act III of 1930.

Act II of 1305 F.

14