The Arunachal Pradesh Gambling (Prohibition) Act, 2012.

153
The Arunachal PBde.h Gambling (Prohibition) Act, 2012.
(Act No. 8 of 2012)
(Received the assent of he Govemor on 20th May, 20'l2And Published in
heArunachal Prad6h EO. Gazette No. 101,VoFXlX, dated 30th May, 2012)
An
Act
b provide for punishmentof Public gambling and kee ng ofcomrnon
gaming house in the State ofArunachal Pradesh.
. BE it enacted by the Legislative Assembly of Arunachal Pradesh in
the Sixty-third Year of the Republlc of lndia as follows,-
1. (1) ThisAct may be called the Arunachal Pradesh Public
Gambling (Prohibition) Act, 2012.
(2) It shall extend to the whole of the State of Arunachal
Pradesh.
(3) lt shall come into forc€ on such date, as the State
Government, by notificatlon appoint.
2. (1) ln this Act, unless the context otherwise requires,-
(i) "Gambling' means and includes wagering or
befting , except wagering or betting upon a horse
race, when such wagering or betting takes pl@
on the day on which sudl race is to be run and in
'an endosure whk$ the Servards conbolling such
race have with the sanction of the State
Govemment set apart for the purpose, but does
not include a lottery The gambling also includes
game lik€'Boli'which is played among a group
of people for a certain tenure in which equal
amount of money is first collecled at one lot and
the part of that collected money is taken by one
member on "Boli' (bid) and subsequenty this
game rotates in like manner or any kind of such
similar other game;
Shoi UAe,
exEnt and
commence-
mant.
Definitions-
Penaltyfor
owning for
keeping or
hains
charge of
a gaming
house.
3
154
(ii) "lnstrument 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
such as a register or record or evidence of any
gaming, the proceeds of any gaming and any
winning or prizes in money or otherwise distributed
or intended to be distributed in respect of any
gaming;
(iii) "Common gaming-house" - means, any house or
room or tent or enclosure or vehicle or vessel or
any place whatsoever in which any instruments of
gaming are kept or used for gaming purpose;
(a) with a view to profit or gain of any person
owning, occupying or keeping such house,
room, tent, enclosure, vehrcle, vessel, or place
whether byway ofcharge forthe use ofsuch
. house, roon\ tent, enclosure, vehicle, vessel,
place or instruments or otherwise however;
(b) with orwithout a viewto such profit or gain if
the gaming for the purpose of which such
instruments are kept or used, is gaming on
any figures or numbers or dates to be
subsequently ascertained or disclosed or on
the occurrence or non-occurrence of the
quality or extent of natural event:
(2) TheArunadral Pradesh lnbrprebtirn and Generalchuses
Act, 1982 (Act No.3 of 1982) shall applies for
interpretation of thisAct as it applies for interpretations
of other Acts of the State.
(1) Whoeve( being the owner or occupieror having the use
of any house, room, tent, enclosure, space, vehicle or
place in the State ofArunachal Pradesh, opens, keeps,
or uses the seme as a common gaming house; and
(2) Whoever, being he oameroroccupier ofany such house,
room, tent, enclosure, space, vehicle, vessel or place
as aforesaid, knowing or willfully permits the same to
be opened, occupied, used or kept by any other person
as a common gaming house, and;
(3)
(4)
4. (1)
(2)
155
Whoever, has the.care or management of or in any
manner assists in conducting the business of any
house, room, tent, enclosure, space, vehicle, vessel
or phce as aforesaid, opened, occupied., used or kept
for the purpose aforesaid: and
Whoever, advances or furnishes money or enters into
"Boli" for the purpose of ;gaming with persons
frequenting such house, room, tent, enclosure, space,
vessel or place, shall be liable to imprisonment for a
term which may extend to six months and shall also
be liable to fine which may extend to ten thousand
rupees or with both.
Provided that otfences under this section shall
be a cognizable offence and the court shall take
cognzance ofoffence under sec'tion 190 (1) (b)ofthe
Code of Criminal Proced ure on the report of a Police
Ofhcer.
Whoever, is found in any such house, room, tent,
enclosure, space, vehicle, vessel or place, playing or
gaming with cards, dice counters, money or other
instruments of gaming, or is bund there present for
the purposes of gaming, u,tether phyirp for any money,
wager, stake or otherwise, shall be liable to
imprisonment for a term which may extend to three
months and shall also be liable tc fine which may exbnd
to fNe thousand rupees or with both.
Whoevet is found in any common gaming house
during any gaming or playing therein shall be
presumed, untll the contrary is proved, to have been
there for the purpose of gaming.
Provided that, otfence under this section shall
be a cognizable offence under section 3 of this Act
and no court shall take cognizance of such offence
under section 190(1) (b) of the Code of Criminal
Procedure, except on the report of a Police Officer.
Penalty for
being found
in gaming
house.
Powers to
enterand
authorae
police to
enterand
search.
5 (1)
156
lf the Distsict Magistrate or any other Officer invested
with the powers of a Magistrate, or the District
Superintendent of Police, upon credible information,
and afier such enquiry, as he may think n@ssary
has reason to believe that any house, room, tent,
enclosure, space, vehicle, vessel or place, is used
as a common gaming house, may enter either by
himself or by his warrant authorized any officer of
police, not below the rank of SuLlnspector to enter
wth such assistance, as may be necessary by night
or by day, and by force, if necessary any such house,
room, tent, enclosure, space, vehicle, v6sel or place;
(2) and either by himselftake into custody, or authorize
such officer to take into custody all persons whom
he or such officer finds therein whether or not the
actually gaming;
(3) and may seize by himself or auhorize such officer to
seize all inslruments of gaming, and all monies and
securities of money and article of value, which are
found therein, and which are reasonably suspectd
to have been used or intended to be used for the
puDose of gaming ;
(4) and may search by himself or authorize such ofrrcer
to search all parts of the house, room, tent,
enclosure, vehicle, vessel, space or place which he
orsuch officershallhave so entercd when he or such
officer has reason to believe that any instruments of
gaming are concealed therein, and also the persons
of those whom he or such officer so takes into
custody;
(5) and may seize by himself or authonze such officer
to seize and take possession of all instruments or
gaming found upon such search.
157
6. When any cards, dice, gaming-tables, cloths, boards or
other instruments of gaming are found in any house, room,
tent, endosure, space, vehicle, vesselor place entered or
searched under the provisions of section 5 of this Act or
about the person of any of those who are found therein, it
shall be evidence untilthe contrary is made to appea( that
such house. room, tent, enclosure, space, vehrcle. vessel
or phce is used as a common gaming-house and that the
persons found and pre.sent therein wFre for the purpose of
gaming, although no play was actually seen by the
Magistrate or the polic€ officer or any of their assistants.
7. lf any person is found in any common gaming-house
entered by any Magistrate or police officer 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 to give his
name and ddress, refuse or neglect to give the same, or
give any false name or addrqss, he may upon conviction
before the same or any other Magistrate be adiudged to
pay penalty not exceeding live thousand rupees, together
with such costs as to such Magistrate which my appear
reasonable, and on non-payment of such penalty and
costs, or in the first instances, if to such Magistrate it
shall deem fit, may imprisoned for a term which may
extend to one month.
8. On conviction of any person for keeping or using any such
common gaming-house or b€ing present therein for the
purpose of 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
of money and other articles seized, not being instruments
of gaming, to be sold and converted into money, and may
the proceeds thereof with all monies seized therein to be
forfeited or, in his discretion, may order any part thereof
to be returned to the persons appearing to have been
sevelally thereunto entitled.
Finding,cads,
etc. in
suspecfed
frouses, to be
evidence that
such houses
are comrfotl
wmw
houses.
Penalty on
persons
anested for
giving false
nam6s and
addresses.
On conviction
for keeping
gaming-house,
instruments of
gaming to be
destroyed.
Proof of
playtng
for slakes
unnecessaty
llagistrate
may rcquire
any percon
apprchended
to be sworn
and give
eviden@.
158
9. lt shall not be ne@ssary an ordertoconvict any person
of keeping a common gaming-house or of being
concemed in the management ofany comrnon gaming-
house, to prove that any person found playing at any
gaming was playing for any money, wager stake.
10. (1) ltshatl be lawfulfor the Magistrate, before whom' any personsshallbe brought, who have beenfound
in any gaming house, room, tent, enclosure, space,
vehicle, Vesselorplace entered under the provisions
of this Act, to require any such persons to be
examined on oath or solemn affirmation, and give
evidence touching any lawful gaming in such
gaming-house, room, tent, enclosure, space,
vehicle, vessel or place or touching any act done
for the purpose of preventing, obstructing, or
delaying the entry into such gaming-hous6, room,
tent, enclosure, space, vehicle, vessel or place or
any part thereof, of any Magistrate or officer
authorized as doresaid.
(2) No person so required to be examined as a witness
shall be excused from being so exainined when
brought before such Magistrate as aforesaid, or
from being so examined at any subsequent time
or by or before the same or any other Magistrate or
by or before any court on any proceeding or trial in
any ways relating to such unlawful gaming or any
such acts as aforesaid, or from answering any
question put to him touching the matters aforesaid
on the ground that his evidence will tend to
incriminate himself. -
(3) Any such person so required to be examined as a
witness who refuse to take oath or take affirmation
accordingly or to answer any such question as
afcresaid, shall be subject to dealtwith all respects
as person committing the offence described in
section 178 or section 179 ( as the case may be)
of the lndian Penat Code ( 45 of 1860).
159
11 . Any person who shall have been concerned in gaming
contrary to this Act, and who shall be examined as a
witness before a Magistrate on the trial ofany person for
a breach of any of the provisions of this Act, relating to
gaming and who, upon such examination, shall, in the
opinion of the Magistrate make true and faithfuldiscovery
to the best of his knowledge of the things as to'which he
.shall be examined shall thereupon, receive from the
Magistrate a certificate in writing to that effect, and shall
be freed ffom all prosecutions under this Act for anything
done before that time in respect of such gaming
12r' (1)- A police officer may, apprehend without warrantany
persdn tiaming in public street, place or thoroughfare
situated within the Shte of Arunachal Pradesh, or
any person setting birds or animals to fight in any
public street, place or thoroughfare situated within
the State ofArunachal Pradesh; or
(2) any person presenttherein, aiding and abetting gich
public gaming or fighting of birds and animals, sucl'
person when apprehended shall be brought with.Jut
delay before a Magistrate and shall be liable to
imprisonment for a term which may extend to three
months and shall also be liable to a fine which may
extend to ten thousand rupees or with bolh; and
(3) such police officer may seize all instruments of
gaming found in such pub c stre€t, place or
thoroughfare of the person of those whom he shall
so arrest and the Magistrate may, on conviction of
- ' the offender, order such instuments to be destroyed' forthwith.
13. (1) This Act does not include any game whrch rs being
played occasionally without involving any money and
merety for the sake of ent€rtainment or any game
pldyed for specific period on the eve of any festival
after obtaining due permission from the competent
authority.
Witness
indemnilied
Gaming and
sefting bitds
and animals
tc ".ht in
:(pu.
str€. .
Exemption of
games of
mere skill.
Offences 14
by whom
tiable.
Penalty 15
forsub-
sequent
ofrence.
Portion of 16
fine may
be paid to
the hformer.
Recovety
of fines.
17
Powerto 18
make
rules.
160
Provided that the District Magistrate may, taking into
account the provisions of thisAct, dispose of the application
seeking permission for a game to be played within their
jurisdiction.
Offences under this Act shall be kiable by any Magistrate
having iurisdiction in the place where the offence is
committed. However, such Magistrate shall be restrained
within the limits of his jurlsdiction under the Code of Criminal
Procedure, 1973 as to the amount ot fine or imprisonment
he may inflict.
Whoever, having been convicted of an offence punishable
under sections 3 and 4 of this Act, again is found guilty of
any offence punishable undereither sections shall be subject
for every such subsequent offence to double the amount of
punishment to which he would have been liable for the first
commission of an offence of the same description.
The Magistrate trying the case may direct any portion of
any fine which shall be,levied under section 3 or section 4 or
section 15 of thisAct, or any part of the monies or proceeds
or afticles seized and ordered to be forfeited under this Act,
to b'e paid to the informer.
All fines imposed under this Act may be recovered in the
manner prescilbed in the Code of Criminal Procedure, 1973.
(1) The State'Government may, by notification in the
Official Gazette make rules for carrying out the
provisions of this Act.
(2) Every rule made by the Government under this Act,' shall be laid, as soon as may be after it is made, before
the Legislative Assembly, while it is in session, for a
total period of ten days which may be comprised in one
session, or in two or more successive sessions, and il
before the expiry of the session in which it is so laid,
immediately following the session or the successive
sessions aforesaid, the Legislative Assembly make any
modification in the rule or resolves that the rule should
be made, the rule shallthBreafier have effect only in such
modified form or be of no effect as the case may be, so
however, that such modiflcation or annulment shall be
without prejudice to the validity of anything previously
done under that rule.

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