The Tamil Nadu Gaming Act, 1930

S.1 THE MADRAS CITY POLICE AND GAMING (AMENDMENT) ACT, 1949

(1) This Act may be called the Madras City Police Short title and commencement and Gaming (Amendment) Act, 1949.

S.2 Substitution of sections 2 and 3

In the Tamil Nadu Gaming Act, 1930 (hereinafter in this Part referred to as the 1930 Act), for sections 2 and 3, the following sections shall be substituted, namely:–

"2. Extent.– This Act extends to the whole of the State of Tamil Nadu.

3. Definitions.– In this Act, unless there is anything repugnant in the subject or context:–

(a) "common gaming-house" means any house, room, tent, enclosure, vehicle, vessel, cyber cafe or any place whatsoever in which 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 cafe or place, whether free of cost or by way of charge for the use of instruments of gaming or of the house, room, tent, enclosure, vehicle, vessel, cyber cafe or the place; and includes any house, room, tent, enclosure, vehicle, vessel, cyber cafe or place opened, kept or used or permitted to be opened, kept or used for the purpose of ga

S.3 Definitions

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;

'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 otherwi

S.4-A Presumption of offence

(1) Where in any trial of an offence punishable under subsection (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 subsection (1) of section 4.

(2) Where in any trial of an offence punishable under subsection (2) or subsection (3) of section 4, it is proved that the accused person is found in possession of any of the materials specified in subsection (1), it shall be presumed unles

S.4 Insertion of new section 2

(3) Sections 2 and 4 shall come 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.

S.5 Power to grant warrant to enter a common gaming-house

(1) 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.

(2) Any Police Officer having power to issue a warrant under subsection (1) may, instead of doing so, himself exercise all or any of the powers exercisable under such warrant.

S.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 assistants.

S.7 Proof of playing for stakes unnecessary

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.

S.8 Amendment of section 11

For section 11 of the 1930 Act, the following section shall be substituted, namely: –

"11. Games of mere skill.– Notwithstanding anything contained in this Act, sections 3A and sections 5 to 10 shall apply to games of mere skill, if played for wager, bet, money or other stake."

S.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.

S.10 Insertion of new section 13-B

After section 13-A of the 1930 Act, the following section shall be inserted, namely: –

"13-B. Offences by companies.– (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence 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 any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to

S.11 Saving of games of skill

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

S.11-A Payment of portion of fine to informants and Police officers

(1) The '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 '[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

S.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 '[one hundred rupees] or to imprisonment not exceeding '[three months]; and such instruments of gaming and moneys shall be forfeited.

S.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.

S.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.

S.14 Repeal

Clause (10) and the last paragraph of section 3, and sections 6, 7 and 9 of the *Towns Nuisances Act, 1889, are hereby repealed.