Tripura act 4 of 1926 : The TRIPURA GAMBLING ACT

Department
  • Department of Law Department

l02 'Iill: TRIPL’RA EXCISE ACT. I‘M“

such grantee may apply to the Collector and the Collector may recover such money on his behalf in either of the ways provided by \uit-net'linn (l) .

Primtled that nothing in this sub-section shall ul'tect the right of any such grantee to recover any such money by cml suit

9]. Power of the State Government to exempt intoxicants from provisions of the Art—The State Government may. by notification. either wholly or partially. and subject to such condition (if any) as it may think fit to prescribe. exempt any intoxicant from all or any ot'the provisions of this Act. either throughout the State of Tripura or in any specified local area. or any specified period or occumon or as regards any specified class of persons.

92. liar to certain suits—No suit shall lie in any civil court against the State Government. Excise Commissioner, Collector. or any Excise Officer for damages for tiny act done in good faith or ordered to be done in pursuance of this Act or any other law for the time being In force relating to the excise revenue.

93. Limitation of suits and prosecutions—No Civil Court shall try any suit against the Government or any Excise Officer in respect of anything done. or alleged to have been done. in pursuance of this Act, and, except with the previous sanction of the State Government. no Magistrate shall take cognizance of any charge made against any Excise Officer under this Act or any other law relating to the excise revenue or made against any other person under this Act.

unless the suit or prosecution is instituted within six months after the date of the act complained of.

94. Repeal and saving—(i) The Bengal Excise Act. 1909 (Bengal Act V of 1909). in its application to the State of Tripura, is hereby repealed.

(2) Notwithstanding such repeal every notification issued. order passed. powers conferred and any other action taken under the repealed Act. shall be deemed. respectively to have been issued. passed. conferred and taken under the corresponding provisions of this Act.

¥N

TRIPURA GAMBLING ACT

or

ACT “/0!" I336 T.E. (i926AD)

Preamble—This is an Act to prohibit gambling and the keeping of gaming houses. publicly or privately. within the Tripura State.

This Act may be called an Act relating to gambling or Act iV of 1336 TAE.‘

This Act shall. after it has been approved of by the Administrative Council. come into force within the limits of the Municipality of Agartala and at places at a distance of not more than five miles thereof from the date of its notification in the State Gazette The member of the Home Department may, if he thinks fit. by a notification to be published in the State Gazette. extend the operation of this Act or any pan of it to any other place within this State. and. may. if he subsequently deems it necessary. withdraw the operation of this Act, in whole or in pan. Deflni —

(a) “Gaming" does not include the betting upon a horse—race. when such betting takes place. as it ordinarily does. on the day on which such race is to be run.

0:). “Instruments of gaming" includes any article. prepared. procured and used for the purpou of carrying on or facilitating gaming. it includes the accounts book or register in respect of gaming or any other document by which such gaming is proved and also every article which is used as a means of gaming.

(c) “Common gaming—house" means any house, tent. vehicle. space or walled enclosure in which any instruments of gaming are kept or used for the profit or gain of the person owning. occupying. or temporarily using or keeping such places or instruments. whether by way of letting these out on hire or otherwise howsoever.

fl—d

i. This Act was published in the State Gazette. dated 15th Chait of [336 TE ( [926 AD)

003)

IOZ 'Illl: TRIPIIRA EXCISE ACT. I‘tx‘ such grantee may apply to the Collector and the Collector may recover such money .In his behalf in either of the “-th provided by sub-section (I) ‘ Pmmled that nothing in this sub-section shall ut‘tect the right of any such grantee to recover any such money by (ml suit. 9|. Power of the State Government to exempt intoxicants from provisions of the Art—The State Government may. by nllllfit‘illltln. either wholly or partially. and subject to such condition (if any) as it may thinlx fit to prescribe. exempt any intoxicant from all or any nt'the provisions of this Act. either throughout the State of Tripura or in any specified local area. or any specified period or occamon or as regards any specified class of persons. 92. Bar to certain suits—N0 suit shall lie in any civil court against the State Government. Excise Commissioner. Collector. or any Excise Officer for damages for any act done in good faith or ordered to be done in pursuance of this Act or any other law for the time being in force relating to the excise revenue. 93. Limitation of suits and prosecutions—No Civil Coun shall try any suit against the Government or any Excise Officer in respect of anything done. or alleged to have been done. in pursuance of this Act, and. except with the previous sanction of the State Government. no Magistrate shall take cognizance of any charge made against any Excise Officer under this Act or any other law relating to the excise revenue or made against any other person under this Act. unless the suit or prosecution is instituted within six months after the date of the act complained of. 94. Repeal and saving—(l) The Bengal Excise Act, 1909 (Bengal Act V of 1909), in its application to the State of Tripura. is hereby repealed. (2) Notwithstanding such repeal every notification issued. order passed. powers conferred and any other action taken under the repealed Act. shall be deemed. respectively to have been issued. passed. conferred and taken under the corresponding provisions of this Act. *7 TRIPURA GAMBLING ACT or ACT IV 0F I336 T.E. (I926AD) Preamble—This is an Act to prohibit gambling and the keeping of gaming houses. publicly or privately. within the Tripum State. 1. This Act may be called an Act relating to gambling or Act W of 1336 T.E.‘ 2. This Act shall. after it has been approved of by the Administrative Council. come into force within the limits of the Municipality of Agartala and at places at a distance of not more than five miles thereof from the date of its notification in the State Gazette. The member of the Home Department may, if he thinks fit. by a notification to be published in the State Gazette, extend the operation of this Act or any pan of it to any other place within this State. and. may. if he subsequently deems it necessary. withdraw the operation of this Act. in whole or in part. 3. Defini — (a) “Gaming" does not include the betting upon a horse—race, when such betting takes place. as it ordinarily do“. on the day on which such race is to be run. (b). “Instruments of gaming” includes any article. prepared. procured and used for the purpom of carrying on or facilitating gaming. it includes the accounts book or register in respect of gaming or any other document by which such gaming is proved and also every article which is used as a means of gaming. (c) “Common gaming—house" means any house, tent. vehicle, space or walled enclosure in which any instruments of gamingarekeptorused fortheprofitorgainofthepersou owning. occupying. or temporarily using or keeping such places or instruments. whether by way of letting these out on hire or otherwise howsoever. ————‘_.. I. This At: was published in the State Gazette. dated lSth Chail of [336 TE (1926 AD) (l03)

l04 TRIPl 'RA (SAMBLING ACT

4' “hoela‘ “mg "‘5 "“"c' (it “3'43“" 0' haun "k “‘5‘ My3house, tent. "XML 3'“e. walled enclosure or VClltClCr situatedwithin the limits to which th gaming house;

and whoever. being the owner or occu

IS Act applies. uses the same as a

pier of any suchhouse tent room s '-,_ . _

. .pace. walled enclosure or " '

(aforesaid, llidnowrngly or wilfully permits the same tofllllpizneijused a occupied by any other per'sons as a commongaming house.

and whoever has the care or management of or assists inconducting, the enclosure. space

busmess of any house. tent. room. walled or vehicle as aforesaid. used or kept for the

.

purpose of gaming ; and whoever advances mane

‘ y for the purpose of '

to persons f uent gaming

enclosure orrisqehic'eing such house. tent. root-n. space, walled

shall be liable on conviction bef '

. are an M

2:: Inot exceeding two hundred rupees. or)to iztglalts‘itsrglfmgif 5 Whg: or_ngorous,_

for any term not exceeding three months.‘ .

cards is? rs ound In any common gaming—house. playing with

.

, ce. counters, money or other instruments of gaming or

to imprisonment. simple or rigorous. for any term not exceedingone month.

Any person found in any common '

_ ganun house d '

may gaming, Whether playing or not, shall be gresumed “$5

contrary be proved, to have been there for the purpose ofgaming. 6.

iIrfivgctedMagitlrm in charge of a division or a Magistrate

eredibl .wfl‘mntahe powers of a first class Magistrate upone

mheld tron and after such inquiry as he may think

his jurisdiction ”Liam l: Eccld by tillim at a place within

, mm at an h room, walled enclosure. space or vehicle is usedyas fittings: gmfinghmmhe may either himself enter. or by his warrantauthorise any officer of Police not below

.

. the rank f Inspector, to enter, With such assistance as may :eaftftlllll

TRIPURA GAMBLING ACT l05

necessary. by night or by day. at any time and in any circumstance. and by force if necessary. such place as aforesaid. and may either himself take into custody. or authorise such

officer to take into custody. all persons whom he or such officer

finds therein. whether or not such persons may be then actually gaming ;

and may seize or authorise such officer 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 may search or authorise such officer to search all parts of the common gaming-house which he or such officer shall have so entered. when he or such person has reason to believe

that any instruments of gaming are concealed therein. and also the persons of those whom he or such officer find therein and

may either himself seize and take into custody or authorise such officer to seize and take into custody such persons :

and may seize or authorise such officer to seize and take

possession of all instruments of gaming found upon such search.

The Superintendent of Police posted in a division of the State shall exercise all such powers mentioned in this section

as the Magistrate of such division may exercise. 7. When any card. dice, gaming table. cloth. boards or other

instruments of gaming are found in any house. tent. mom,

space. walled enclosure or vehicle searched under the provisions of the last proceeding section. or about the person of any of those who are found therein. it shall be evidence. until the

contrary is made to appear. that such house. tent. room. space. walled enclosure or vehicle is used as a common gaming— house. and that the said instruments of gaming shall be deemed to be evidence of the offence committed by the persons found

therein. although no play was actually seen by the Magistrate or police—officer. or by any person acting under the authority of either of them.

8. If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this

Act, upon being arrested by any such officer, or upon being brought before any Magistrate, on being required by such

Magistrate or officer of police to give his name and address.

NM 4- . . Whoever. betng the owner or occupier or having the uxe of any ‘ te ‘ . . . nt room. we. walled enclosure or VChIClC. Situated 5. TRIPI 'RA GAMBLING ACT and whoever. being the owner or new house tent room 5 ' ._ . . . pace. walled enclosure ' ' aforesaid. knowrngly or wilfully permits the samiautn‘lfehILIe as or used and occup' opened gaming . ted by any other per'sons as a common conda'nciiirrvholehzerbl‘i‘as the care or management of or assists in g, smess of any house. tent. room. walled pier of any such enclosure. space or vehicle as aforesaid. used or kept for the . purpose of gaming ; and whoever advances money for the purpose of gaming to persons frequentin such endow” m vehicle g house. tent. room. space. walled fine not exceeding two hundred rupees ' ‘ srmple onn'gorous: for any term not excegdirtt: $£§gmmll cwarhocds fire: guild in any common gaming—house. playing with is {01.11“ "mamas. money or other Instruments of gaming or present for the purpose of gaming. whether la ‘n f ' ' Eefyotegmtyany stake or othrwise. shall be liable. on conviction Any person found in any common ‘ _ _ ganun house d ' Eggalngg btzhflherveglaytng or not, shall be gresumed.uti-rliltligl 'ng. pro , to have been there for the purpose of If the Magistrate in charge of a division or a Magistrate invested with the powers of a first class ‘ _ ~ _ Ma no t credible mfonriation and after such inquiry as fie nila; tlltligl: ma: ”Emma? i" '83" by 33“ " a ”a“ “m" , o ieve t an house, t $13 walled enclosure. space or vehicle is usedyas a comnfiliii g g house, he may either himself enter. or by his warrant authorise any officer of Police. not below the rank of a Sub— Inspector, to enter. with such assistance as may be found 7. TRIPURA GAMBLING ACT I05 necessary. by night or by day, at any time and in any circumstance. and by force if necessary. such place as aforesaid. and may either himself take into custody. or authorise such officer to take into custody. all persons whom he or such officer finds therein. whether or not such persons may be then actually gaming ; and may seize or authorise such officer 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 may search or authorise such officer to search all pans of the common gaming-house which he or such officer shall have so entered. when he or such person has reason to believe that any instruments of gaming are concealed therein. and also the persons of those whom he or such officer find therein and may either himself seize and take into custody or authorise such officer to seize and take into custody such persons ; and may seize or authorise such officer to seize and take possession of all instruments of gaming found upon such search. The Superintendent of Police posted in a division of the State shall exercise all such powers mentioned in this section as the Magistrate of such division may exercise. When any card. dice, gaming table. cloth. boards or other instruments of gaming are found in any house. tent. room, space. walled enclosure or vehicle searched under the provisions of the last precwdi section. or about the person of any of those who are foun therein. it shall be evidence. until the contrary is made to appear. that such house, tent. room. space. walled enclosure or vehicle is used as a common gaming— house. and that the said instruments of gaming shall be deemed to be evidence of the offence committed by the persons found therein. although no play was actually seen by the Magistrate or police—officer. or by any person acting under the authority of either of them. If any person found in any common gaming-house entered by any Magistrate or officer of police under the provisions of this Act, upon being arrested by any such officer. or upon being brought before any Magistrate. on being required by such Magistrate or officer of police to give his name and address.

TRIPURA GAMBLING ACT

shall refuse or neglect to give the same. or shall give any falsename or address. he may. upon conviction. be liable to a linenot exceeding one hundred rupees or to imprisonment. simpleor rigorous. for any term not exceeding fifteen days.On conviction of any person for keeping or using any suchcommon gaminghouse. or being present therein for the purposeof gaming. the convicting Magistrate may order all theinstruments of gaming found therein to be destroyed. and mayalso order all or any of the securities for money. and other aniclesseized. not being instruments of gaming to be sold. and theproceeds thereof with all moneys seized therein to be forfeited;or in his discretion. may order any pan thereof to be returned tothe persons appearing to have been severally entitled thereto.10.lt 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 anyperson found playing therein at any game was playing for anymoney or stake.

.The provisions of the aforesaid sections of this Act shall notapply to the game of “billiard", “whist” or any other game ofmere skill. Such game of mere skill, wherever played. shall notbe deemed to be gaming, ILA police—officer may apprehend without warrant any person

13.

found gaming in any public market, fair, thoroughfare or streetsituated within the limits to which this Act shall come intoforce. Such person, when apprehended, shall be brought by thepolice officer aforesaid without delay before a Magistrate. andshall be liable to a fine not exceeding fifty rupees. or toimprisonment, either simple or rigorous, for any term notexceeding one month.

Such polie officer may seize all kinds of instruments ofgaming found on search of the person of those whom he shallarrest in such public place, and the Magistrate may, onconviction of the person apprehended, order such instrumentsto be forthwith destroyed. A lottery or a lottery office may, with the sanction of theCouncil of Administration be opened, Whoever. withoutchaining such sanction of the Council of Administration.opens such lottery office or carries on lottery in any place shall

15. Offences punishable u

"

l()7 TRIPURA GAMBLING A( f

be ldbe lit a line I101 exceeding Vt: hundred rupees "I In

ISO 6 ll III I l ’UIUUS lot an term not

I nm I'll ell Cl‘ 5! ple 0 lg ,Il‘l‘lp . y

exceeding six months. '

'

.issueon l4 Whoever without obtaining the sanctum

as aforesaid .

_ _

.

_

n‘Iamatton as to promise aH '

f a letter such a prtx ‘ 1‘ hold

the

ltwffigoriy or artible to whomever shall draw 2:57) or mapar :icular ticket number or word. or u} promise m drawing03'” ‘ ' h benefitotepest' n an actforte _‘

.

oarefilzilricflzeln :smbger 0); word, shall on convtction be liable tsuc . .

“d ru 5- _

one thousa pee . ‘

fine not exwedlng nder this Act except those under section le by any Magistrate havmg jul’lSdlCllOn

e is committed. .

]ctod of an offence. puntshabe

d 14 shall be triab

his: place where the offenc 16.Whoever. having been

cmlwiguilty of any such offence, shallunder this Ad, inerybgufimgubsaruent offence to double the

Eemgiilitjegft pflifiishment which has been fixed under this Act for the

salzrngvided that he shall not be liable in any case to fine ' ‘

term ceeding one thousand rupees

or to imprisonment for aex

exceeding one year.

l0!) 'l‘RlPURA GAMBLING ACT shall refuse or neglect to give the same. or shall give any false name or address. he may. upon conviction. be liable to a line not exceeding one hundred rupees or to imprisonment. simple or rigorous. for any term not exceeding fifteen days. 9. On conviction of any person for keeping or using any such common gaming-house. or being present therein for the purpose of gaming. the convicting Magistrate may order all the instruments of gaming tound therein to be destroyed. and may 10.lt 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 or stake. ll.The provisions of the aforesaid sections of this Act shall not apply to the game of “billiard", “whist” or any other game of mere skill. Such game of mere skill, wherever played. shall not be deemed to be gaming. ILA police—officer may apprehend without warrant any person found gaming in any public market, fair, thoroughfare or street situated within the limits to which this Act shall come into force. Such person, when apprehended. shall be brought by the police officer aforesaid without delay before a Magistrate, and shall be liable to a fine not excwding fifty rupees. or to imprisonment, either simple or rigorous, for any team not exceeding one month. Such polie officer may seize all kinds of instruments of gaming found on search of the person of those whom he shall arrest in such public place, and the Magistrate may, on conviction of the person apprehended, order such instruments to be forthwith destroyed. 11A lottery or a lottery office may, with the sanction of the Council of Administration be opened. Whoever. without aining such sanction of the Council of Administration, opens such lottery office or carries on lottery in any place shall " 107 TRIPURA GAMBLING M f be id’be it! a fine not exceeding l \C hundred iupees m In I' son en . e her slllt ‘6 ()l ll’t‘lUU‘a tor d" lL‘HIt I‘ll‘l mp I m l II p g . . y exceeding six months. ' . issue on 14 Whoever without obtaining the sanctum as aforesaid ’ ‘ ' ise an ' x‘lamation as to piiim “ of a lottery such a pft ‘ 1‘ hold the ‘fiLjfihhzney or article to whomever shall maggot)?” or m afar rtiLular ticket number or word. or u} prniir m drawing 03p“ ‘ ' i h benefitotepest ' an actforte _ ' . on refrliiliicfllgn Sfrh‘bger o)i' word, shall on convtction be liable t suc . fine not exceeding one thousand rupees. ' ' t' n 15 Offences punishable under this Act except those under sec to d 14 shall be triable by any Magistrate having jurisdiction i331: place where the offence is committed. ' l 16 Whoever having been convicted of an offence. punishabe ' ' h offence, shall " ‘ h ll be .1 am guilty of any suc h underghistfizir, :vaery suclii subsequent offencedto 53:12; the, bteItSiiniecff punishment which has been fixed un er . a . the sgrnc'ivided that he shall not be liable in any case to fine ' ' term seeding one thousand rupees or to Imprisonment for ex ex exceeding one year.

SECTIONS