Tripura act 01336 of 1926 : The Tripura Gambling Act 1926

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 ^torecover

any such money by

cml

suit 9]. Power of the State

Government to

exempt

intoxicants from provisions ^ofthe

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 ^ofthisAct.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 havebeen}

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hereby repealed.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^andany 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repealed Act.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 ^andat

places ^ata

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^{suchrace isto}

be run.

0:).

"Instruments^of

gaming"

includes any article.

prepared. procured ^{andused forthe}

purpou

of

carrying

on or facilitating gaming. ^it

includes^theaccounts 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 forthe}

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)

l04 TRIPl 'RA

(SAMBLING ACT

4'

"hoela'

"mg

"'5 """c' (it

"3'43""

0'

haun "k "'5'

My3 house, tent. "XML

3'" e.

walled

enclosure or

VClltClCr situated within 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 such house tent room s

'- ,_

.

_

.

.pace. walled

enclosure or

" ' (aforesaid,

llidnowrngly ^or

wilfully permits ^thesame

tofllllpizneijused a

occupied

by any other

per'sons

as a

common gaming

house. and

whoever has the care or

management

of or

assists in conducting,

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

und 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

"$5contrary

be

proved,

to

have been there for the

purpose

of gaming.

6.

iIrfivgctedMagitlrm ⁱⁿ

charge ^ofa

division^ora

Magistrate eredibl

.wfl'mntahe

powers^ofa

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 warrant authorise 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^ifnecessary.^such

place ^asaforesaid. and may either himself take ^into

custody. ^orauthorise ^such officer to take ^into

custody.

all persons whom ^heorsuch officer finds

therein.

whether^ornotsuch

persons

may^bethen

actually gaming ^; and may

seize or authorise such officer ^toseize all instruments of

gaming.

and all moneys and securities for money. and

articles of

value.

reasonably

suspected ^tohave been used ^orintended to be used for the purpose of

gaming.

which^arefound

therein; and may search ^orauthorise such officer ^tosearch all

parts of the common

gaming-house

which he^orsuch officer

shall have so

entered.

when he^orsuch

person has

reason^tobelieve that

any instruments of

gaming ^areconcealed

therein.

and also the

persons of those whom he^orsuch officer find therein

and may either himself

seize and take into

custody ^orauthorise

such officer to seize and take into

custody

such persons

:

and may seize ^orauthorise such officer ^toseize and take possession ^ofallinstruments^of

gaming

found^uponsuch search.

The

Superintendent

of Police

posted

in ^adivision of the State shall

exercise all such powers mentioned ⁱⁿthis section as the

Magistrate

of such division

may exercise.

7. When any card. dice,

gaming

table.

cloth.

boards ^orother instruments of

gaming ^arefound in any house.

tent. mom, space. walled enclosure ^orvehicle searched

under the

provisions of the last

proceeding

section. ^orabout ^theperson of any^of those who are found

therein.

it shall be

evidence.

until the contrary ^{is made to}

appear.^thatsuch

house.

tent. room.

space. walled enclosure or vehicle is used as ^acommon

gaming— house. ^{and thatthesaid}instruments^of

gaming

shall^bedeemed 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. ^Ifany person foundⁱⁿany

common

gaming-house

entered

by any Magistrate ^orofficer of

police

under the

provisions

of this Act, upon being

arrested

by any^such

officer, ^or

upon being brought

before^anyMagistrate, ^on

being required ^{by such} Magistrate ^orofficer ^of

police ^to

give ^hisnameand

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. simple or

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

the instruments of

gaming

found therein to

be

destroyed.

and

may also order

all or

any of the securities for

money.

and other anicles seized.

not

being

instruments of

gaming

to

be

sold. and the proceeds thereof with all

moneys

seized

therein to

be

forfeited;or

in

his

discretion. may

order any

pan thereof to

be returned to the persons

appearing

to

have been

severally

entitled thereto.10.lt shall not

be

necessary,

in order to

convict any person of

11

keeping ^a

common

gaming—house.

or

of

being

concerned in

the management ^ofany

common

gaming-house.

to

prove that any person found

playing

therein at

any game

was

playing

for any money

or

stake. .The

provisions

of

the

aforesaid sections of

this Act shall not apply

to

the game of

"billiard", "whist" or

any other game

ofmere

skill.

Such game of mere

skill, wherever

played.

shall not be

deemed to

be

gaming,

ILA

police—officer may

apprehend without warrant

any person

13.

found

gaming

in any

public market,

fair,

thoroughfare

or

street situated within the

limits to

which this Act shall come

intoforce. 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

exceeding fifty rupees.

or

to imprisonment, either

simple

or

rigorous,

for any

term 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

shallarrest

in such

public

place,

and

the

Magistrate may,

on conviction of

the person

apprehended,

order such

instrumentsto

be

forthwith

destroyed.

A

lottery

or a

lottery

office may, with the

sanction of

the Council of

Administration be

opened,

Whoever. without chaining

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 ^Il'UIUUS lot ^antermnot I nm I'll ell

Cl'

5!

ple

0

lg ^,Il'l'lp ^.y exceeding ^sixmonths. '^' .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 ^orartible ^towhomever shall ^draw

2:57)

or m apar :icular

ticket number

or word.

or

u} promise

m

drawing 03'" ' '

h

benefitotepest '

n an actforte _' ^.

oa refilzilricflzeln

:smbger

0); word,

shall

on convtction be liable

tsuc

.

.

"d ^ru5- _

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^theoffenc 16.Whoever.

having ^been

cmlwiguilty

of any such offence,

shallunder

this

Ad, inerybgufimgubsaruent

offence ^todouble^the Eemgiilitjegft

pflifiishment

which^hasbeenfixed

under^thisActfor the

salzrngvided ^thatheshall ^notbeliable ^{inany casetofine} ' '

term

ceeding ^onethousand rupees ^orto

imprisonment for a

ex

exceeding ^one

year.