The Maharashtra Prevention of Gambling Act.

GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
BOMBAY ACT No. IV OF 1 887.
THE MAHARASHTRA PREVENTION
OF GAMBLING ACT.
(As modified upto the 28th January, 2019)
*
PRINTED IN INDIA BY THE MANAGER, GOVERNMENT PRESS AND STATIONERY STORES, KOLHAPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND PUBLICATION,
MAHARASHTRA STATE, MUMBAI–400 004.
2019
[ Price : Rs. 8-00 ]
THE MAHARASHTRA PREVENTION OF GAMBLING ACT.
-------------
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title, Extent.
2. [Repealed.]
3. “ Gaming ” defined.
“ Instruments of gaming ” defined.
“ Common gaming-house ” defined.
“ Place ” defined.
4. Keeping common gaming-house.
5. Gaming in common gaming-houses.
6. Entry, search, etc., by Police officers in gaming-houses.
6A. Punishment for giving false names and addresses.
7. Presumptive proof of keeping or gaming in common gaming-house.
8. On conviction for keeping or gaming in common gaming-house,
instruments of gaming may be destroyed.
9. Proof of playing for money not required for conviction.
10. Indemnification of certain witnesses.
11. [ Deleted ].
12. Power to arrest without  warrant for  gaming and  setting  birds
and animals to fight in public streets.
Seizure and destruction of instruments found.
12A. Power to arrest without warrant for printing, publishing or
distributing any news or information.
12B. Presumptive proof of printing, publishing, distributing, etc., any
news or information.
13. Saving of games of mere skill.
14. Repeal and savings.
S
CHEDULE.  [ Repealed].
—————
1887 : Bom. IV]  (i)
H 465-1
BOMBAY  ACT No. IV OF 1887 1
[THE MAHARASHTRA PREVENTION OF GAMBLING ACT]*
[5th January 1888 ]
Repealed in part by Act 16 of 1895.
Amended by Bom. 1 of 1890‡
,, ,,  ,,  1 of 1910§
,, ,,  ,,  6 of 1919.
,, ,,  ,,  5 of 1922.
,, ,,  ,,  5 of 1926.
,, ,,  ,,  14 of 1929.
,, ,,  ,,  3 of 1931.
,, ,,  ,,  12 of 1934.
,, ,,  ,,  1 of 1936.
Adapted and modified by the Adaptation of Indian Laws Order in
Council.
Amended by Bom. 2 of 1941‡
,, ,,  ,,  17 of 1945§
,, ,,  ,,  37 of 1947.
,, ,,  ,,  60 of 1954.
Adapted and modified by the Bombay Adaptation of Laws (State and
Concurrent Subjects) Order, 1956.
Amended by Bom. 14 of 1959.
,, ,,  ,,  56 of 1959.
Adapted and modified by the Maharashtra Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
Amended by Mah. 46 of 1962.
,, ,,  ,,  1 of 1963.
,, ,,  ,,  12 of 1965.
,, ,,  ,,  28 of 1967.
,, ,,  ,,  20 of 1975 (1-9-1975)**
,, ,,  ,,  33 of 1986 (1-1-1976)**
,, ,,  ,,  24 of 2012 (22-8-2012)**
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. IV , p. 12,
for report of the Select Committee, see ibid p. 239 : and for Proceedings in Council, see
ibid, pp. 215, 244. .
* This Act was extended to and by such extension shall be in force in that part of the State
of Bombay to which immediately before the commencement of Bom. 14 of 1959, it did
not extend ( vide  s. 2 of Bom. 14 of 1959).
‡ This Act was re-enacted by Bom. 37 of 1947, s. 2.
§ This Act has been re-enacted and the amendments made by section 9 and Schedule E of said
Act has been continued in force by Bom. 52 of 1947, s. 2.
** This indicates the date of commencement of the Act.
2 [1887 : Bom. IVMaharashtra Prevention of Gambling Act
Preamble.
1 This word was substituted for the word “Presidency” by Bom. 14 of 1959, s. 3 ( a).
2 The short title was amended for ‘the Bombay Prevention of Gambling Act, 1887” by
Mah.24 of 2012, Sch., entry 9, w.e.f. 1-5-1960.
3 This portion was substituted for the last two paras by Bom. 14 of 1959,  s. 3 ( b)
4 These words were  substituted  for the words  “State of Bombay” by  the Maharashtra
Adaptation of Laws (State and Concurrent Subjets) Order, 1960.
5 This definition was substituted by s. 2 of the Bombay Prevention of Gambling (Amendment)
Act, 1922 (Bom. 5 of 1922).
6 These words were substituted for the words “a horse-race” by Mah. 33 of 1976, s. 11
Sch.
7 Infra.
8 These words were inserted by Mah. 33 of 1976,  s. 11, Sch.
9 These words were inserted by Mah. 12 of 1965, s. 2( a).
10 Clause ( c) was substituted for the original clause by Bom. 3 of 1931, s. 2.
11 These words were inserted by Mah. 12 of 1965, s. 2( b).
12 These words were inserted by Bom. 12 of 1934, s. 2.
Bom.
III of
1912.
Mah.
XX-
XIII
of
1976.
An Act to consolidate and amend the law for the prevention of
gambling in the 1[State] of Bombay
WHEREAS  it is expedient to consolidate and amend the law for
the prevention of gambling in the 1[State] of Bombay; It is enacted
as follows :–
1. This Act may be cited as 2[the Maharashtra Prevention of
Gambling Act].
3[It extends to the whole of the 4[State of Maharashtra].
2. [Repeal of enactments ] Rep. Act XVI of 1895.
3. 5[In this Act “gaming” includes wagering or betting except
wagering or betting upon 6[a horse-race, or dog race] when such
wagering or betting takes place—
(a)  on the day on which such race is to run, and
(b)  in an enclosure which the licensee of the race-course, on
which such race is to be run, has set apart for the purpose under
the terms of the licence issued under section 4 of the Bombay
Race-Courses Licensing Act, 1912
7, 8[or as the case may be, of
the Maharashtra Dog Race-Courses Licensing Act, 1976] in respect
of such race-course 
9[or in any other place approved by the State
Government in this behalf,] and
10[( c)  between any individual in person, being present in the
enclosure 11[ or approved place ] on the one hand, and such
licensee or other person licensed by such licensee in terms of the
aforesaid licence on the other hand 
12[ or between any number of
individuals in person in such manner and by such contrivance as
may be permitted by such licence;
but does not include a lottery.
Any transaction by which a person in any capacity whatever employs
another in any capacity whatever or engages for another in any capacity
whatever to wager or bet whether with such licensee or with any other
person shall be deemed to be “gaming” : Provided, nevertheless, that
such licensee may employ servants, and persons may accept service
Short title,
Extent.
“Gaming”
defined.
1887 : Bom. IV] 3Maharashtra Prevention of Gambling Act
with such licensee, or wagering or betting in such manner or by
such contrivance as may be permitted in such licence]. 1[The
collection or soliciting of bets, receipt or distribution of winnings or
prizes in money or otherwise in respect of wagering or betting or
any act which is intended to aid or facilitate wagering or betting or
such collection, soliciting, receipt or distribution shall be deemed to
be “gaming”.]
2[ In this Act the expression “instruments of gaming” includes any
article used 3[ or intended to be used] as a subject or means of gaming,
4[5[any document used 3[ or intended to be used ] as a register or record
or evidence of any gaming ] 6[ the proceeds of any gaming, and any
winnings or prizes in money or otherwise distributed or intended to be
distributed in respect of any gaming.]
7[ In this Act, “common gaming-house” means—
(i)  in the case of gaming—
(a) on the market price of cotton, opium or other
commodity or on the digits of the number used in stating such
price, or
(b) on the amount of variation in the market price of any
such commodity or on the digits of the number used in stating
the amount of such variation, or
(c) on the market price of any stock or share or on the
digits of the number used in stating such price, or
(d) on the occurrence or non-occurrence of rain or other
natural event, or
(e) on the quantity of rainfall or on the digits of the number
used in stating such quantity 8[ or ],
1 These words were inserted by Bom. 1 of 1936, s. 2 ( 1).
2 This definition was inserted by s. 1 of the Act to amend the Bombay Prevention of
Gambling Act, 1890 (Bom. 1 of 1890).
3 The words “or intended to be used” were inserted by Bom. 1 of 1936, s. 2( 2)(i).
4 These words were added by s. 2 of the Bombay Prevention of Gambling (Amendment)
Act, 1919 (Bom. 6 of 1919).
5 The word “and” was omitted by Bom. 1 of 1936, s. 2 ( 2)(ii).
6 These words were added by Bom. 1 of 1936,  s. 2 ( 2)(iii).
7 This portion was substituted for the original by Bom. 14 of 1959, s. 3 ( c).
8 This word was added by Mah. 20 of 1975, s. 2 ( i).
“Instruments
of gaming”
defined.
“Common
gaming-
house”
defined.
4 [1887 : Bom. IVMaharashtra Prevention of Gambling Act
1[( f) on the pictures, digits or figures of one or more playing
cards or other documents or objects bearing numbers, or on the
total of such digits or figures, or on the basis of the occurrence or
non-occurrence of any uncertain, future  event, or on the result of
any draw, or on the basis of the sequence or any permutation or
combination of such pictures, digits, figures, numbers, events or
draws ; ]
any house, room or place whatsoever in which such gaming takes place
or in which instruments of gaming are kept or used for such gaming ;
(ii) in the case of any other form of gaming, any house, room or
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 or place by way of charge for the use of
such house, room or place or instrument or otherwise howsoever.
In this Act, “place” includes a tent, enclosure, space, vehicle and
vessel.]
4.  
2[( 1)] Whoever—
(a) 3[ opens, keeps or uses any house, room or place ] for the
purpose of a common gaming house,
(b) being the owner or occupier of any such house, room or place
knowingly or wilfully permits the same to be opened, occupied, kept
or used by any other person for the purpose aforesaid,
(c) has the care or management of, or in any manner assists in
conducting the business of, any such house, room or place opened,
occupied, kept or used for the purpose aforesaid,
(d) advances or furnishes money for the purposes of gaming with
persons frequenting any such house, room or place,
4[ 5[ shall, on conviction, be punished ] with imprisonment 2[ which may
extend to two years ] 6[ and may also be punished with fine ] :
Provided that—
(a) for a first offence such imprisonment shall not be less than
7[ three months and fine shall not be less than five hundred
rupees ; ]
1 Sub-clause ( f) was inserted by Mah. 20 of 1975, s. 2 ( ii).
2 Section 4 was renumbered  as  sub-section ( 1) of  that  section and  these words were
substituted for the words “which may extend to six months”, by Mah. 20 of 1975,  s. 3 ( i).
3 These words were  substituted by  Bom. 2 of  1941, s. 3, read with Bom. 37 of 1947, s. 2.
4 This portion was substituted by Bom. 37 of 1947, s. 3.
5 These words  were substituted for  the words “shall, on conviction, be  punishable”  by
Mah. 28 of 1967, s. 2.
6 These words were substituted for the words “and with fine” by Mah. 28 of 1967, s. 2.
7 These words were substituted for the words “one month and fine shall not be less than
two hundered rupees” by Mah. 20 of 1975, s. 3 ( ii) ( a).
“Place”
defined.
Keeping
common
gaming-
house.
1887 : Bom. IV] 5Maharashtra Prevention of Gambling Act
(b) for a second offence such imprisonment shall not be less than
1[ six months and fine shall not be less than one thousand rupees ;
and]
(c) for a third or subsequent offence such imprisonment shall not
be less than 2[ one year and fine shall not be less than two thousand
rupees.]]
3[( 2) Nothing contained in the provisions of the Probation of Offenders
Act, 1958, or in sub-sections ( 1), ( 4), ( 5) and ( 6) of section 360 of the
Code of Criminal Procedure, 1973, shall apply to any person convicted
under this section. ]
5.  4[Whoever is found in any common gaming-house gaming or
present for the purpose of gaming, 5[ 6[ shall on conviction be punished ]
with imprisonment which may extend to six months 7[ and may also be
punished with fine ]] :
Provided that—
(a) for a first offence such imprisonment shall not be less than one
month and fine shall not be less than two hundred rupees ;
(b) for a second offence such imprisonment shall not be less than
three months and fine shall not be less than two hundred rupees ; and
(c) for a third or subsequent offence such imprisonment shall not
be less than six months and fine shall not be less than two hundred
rupees.]
Any person found in any common gaming-house during any gaming
8 *  * therein shall be presumed, until the contrary 9[ is proved ], to have
been there for the purpose of gaming.
1 The words were substituted for the words “three months and fine shall not be less than
two hundred rupees” by Mah. 20 of 1975, s. 3 ( ii) ( b).
2 These words were substituted for the words “six months and fine shall not be less than
two hundred rupees,” by Mah. 20 of 1975,  s. 3 ( ii) ( c).
3 Sub-section ( 2) was inserted by Mah. 20 of 1975,  s. 3 ( iii).
4 This paragraph was substituted by s. 3 of the Bombay Prevention of Gambling (Amendment)
Act, 1919 (Bom. 6 of 1919).
5 This portion was substituted by Bom. 37 of 1947, s. 4.
6 These words were substituted for  the words  “shall on conviction,  be punishable”  by
Mah. 28 of 1967, s. 3.
7 These words were substituted for the words “and with fine” by Mah. 28 of 1967, s. 3 .
8 The words “or playing” were repealed by s. 3 of the Bombay Prevention of Gambling
(Amendment) Act, 1919 (Bom. 6 of 1919).
9 The words “is proved” were substituted for the words “be made to appear” by Bom. 1
of 1936, s. 4 ( 3).
XX
of
1958.
2 of
1974.
Gaming in
common
gaming-
house.
6 [1887 : Bom. IVMaharashtra Prevention of Gambling Act
1[6.  2[(1) It shall be lawful for a police officer—
(i) 3[ in any area for which a Commissioner of Police has been
appointed ] not below the rank of a 4 * * Sub-Inspector and either
empowered by general order in writing or authorised in each case by
special warrant issued by the Commissioner of Police, and
(ii) elsewhere not below the rank of  Sub-Inspector of  Police
authorised by special warrant issued in each case 5[ by a District
Magistrate or Sub-Divisional Magistrate or by Taluka Magistrate
specially empowered by the State Government in this behalf or by] a
6[ Superintendent of Police ] or by an Assistant or Deputy
Superintendent of Police especially empowered by 7[ the 8[ State
Government ] in this behalf, 9[ and ]
10[(iii) without prejudice to the provision in clause ( ii) above, in
such other area as the State Government may, by notification in
the Official Gazette, specify in this behalf, not below the rank of a
Sub-Inspector and empowered by general order in writing issued by
the District Magistrate, ]
(a) to enter, with the assistance of such persons as may be
found necessary, by night or by day, and by force, if necessary, any
house, room or place which he has reason to suspect is used as a
common gaming-house,
(b) to search all parts of the house, room or place which he
shall have so entered when he shall have reason to suspect that
any instruments of gaming are concealed therein, and also the
persons whom he shall find therein whether such persons are then
actually gaming or not,
(c) to take into custody and bring before a Magistrate all such
persons,
1 Section 6 was substituted for the original section by Bom. 1 of 1936, s. 5.
2 Section 6 was renumbered as sub-section ( 1) by Mah. 1 of 1963 , s. 2.
3 These words were  substituted  for the words  “in the Greater Bombay” by  Bom. 36
of 1959, s. 3, Sch.
4 The words “Sergeant or” were deleted by Bom. 14 of 1959, s. 3 ( d) ( i).
5 These words were substituted for the words “by a Magistrate of the First Class or” by
Bom. 60 of 1954, s. 2.
6 These words were substituted for the words “District Superintendent of Police” by Mah.
46 of 1962, s. 3, Sch.
7 The words “the Provincial Government” were substituted for the words “Government” by
the Adaptation of Indian Laws Order in Council.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order,
1950.
9 This word was inserted by Bom. 14 of 1959, s. 3 ( d) ( ii).
10 This clause was inserted, by Bom. 14 of 1959, s. 3 ( d) ( iii).
Entry,
search, etc.,
by police
officers in
gaming-
houses.
1887 : Bom. IV] 7Maharashtra Prevention of Gambling Act
(d) to seize all things which are reasonably suspected to have
been used or intended to be used for the purpose of gaming, and
which are found therein :
Provided that no officer shall be authorised by special warrant unless
the Commissioner of Police, the Magistrate, 1[ the Superintendent of
Police ] or Assistant or Deputy Superintendent of Police concerned is
satisfied,  2 * * * * * upon making such inquiry as he may think necessary,
that there are good grounds to suspect the said house, room or place to
be used as a common gaming-house.]
3[(2) Notwithstanding anything in any law for the time being in force,
no search made under this section shall be deemed illegal by reason only
of the fact that the witnesses (if any) of the search were not inhabitants
of the locality in which the house, room or place searched is situate.]
4[ 6A.  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, and on being required by such officer or Magistrate
to give his name and address refuses or neglects to give the same or
gives any false name or address, he shall, on conviction, be punished
with a fine not exceeding one thousand rupees and on the non-payment
of such fine, or in the first instance if to the Court passing the sentence
it shall seem fit, with imprisonment for a period not exceeding four
months.]
5[ 7.  When any instrument of gaming has been seized in any house,
room or place entered under section 6 or about the person of any one
found therein, and in the case of any other things so seized if the Court
is satisfied that the Police officer who entered such house, room or
place had resonable grounds for suspecting that the things so seized was
an instrument of gaming, the seizure of such instrument or thing shall be
evidence, until the contrary is proved, that such house, room or place is
used as a common gaming-house and the person found therein were
then present for the purpose of gaming, although no gaming was actually
seen by the Magistrate or the Police officer or by any person acting
under the authority of either  of them : ]
1 These words were substituted for the words, “ the District ” by Mah. 46 of 1962, s. 3,
Sch.
2 The words “upon any complaint made before him on oath and” were deleted by Bom. 14
of 1959, s. 3( d) ( iv).
3 Sub-section ( 2) was added by Mah. 1 of 1963, s. 2.
4 Section 6A was inserted by Bom. 14 of 1959, s. 3 ( e)
5 Section 7 was substituted for the original section by Bom. 1 of 1936, s. 6.
Punishment
for giving
false names
and addresses.
Presumptive
proof of
keeping or
gaming in
common
gaming-
house.
H 465-2
8 [1887 : Bom. IVMaharashtra Prevention of Gambling Act
1[ Provided  that  the  aforesaid  presumption  shall  be  made,
notwithstanding any defect in the warrant or order in pursuance of
which the house, room or place was entered under section 6, if the
Court considers the defect not to be a material one.]
8.  On conviction of any person for opening, keeping or using a
common gaming-house, 2 * * or gaming therein, or being present therein
for the purpose of gaming, the convicting Magistrate may order all the
instruments of gaming found therein or on the persons of those who
were found therein, to be forthwith destroyed 
3[or forfeited],
and may also order 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 therein, to be forfeited; or, in
his discretion, may order any part of such proceeds and other moneys
to be paid to any person appearing to be entitled thereto.
9.  It shall not be necessary, in order to convict a person of any
offence against any of the provisions of sections 4 and 5, to prove that
any person found 
4[ gaming ] was playing for any money, wager or
stake.
5[10.  Any person who has been concerned in gaming contrary to this
Act, and who is examined as a witness before a Magistrate in the trial
of any person for a breach of any of the provisions of this Act relating
to gaming, and who, upon such examination, makes in the opinion of the
Magistrate 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 all prosecutions under this Act for anything done before that
time in respect of such gaming.]
11.  [Payment of portion of fine to informer.] Deleted by Mah. 1
of 1963, s. 3.
1 This proviso was added by Bom. 14 of 1959, s. 3 ( f).
2 The words “or playing” were repealed by s. 5 of the Bombay Prevention of Gambling
(Amendment) Act, 1919 (Bom. 6 of 1919).
3 The words “or forfeited” were added by Bom. 1 of 1936, s. 7.
4 This word was substituted for the words “playing at any game” by s. 6 of the Bombay
Prevention of Gambling (Amendment) Act, 1919 (Bom. 6 of 1919).
5 This section was substituted for the original by Bom. 14 of 1959, s. 3 ( g).
On
conviction
for keeping
or gaming
in common
gaming-
house,
instruments
of gaming
may be
destroyed.
Proof of
playing for
money not
required
for
conviction.
Indemnifica-
tion of
certain
witnesses.
1887 : Bom. IV] 9Maharashtra Prevention of Gambling Act
12.  A Police officer may apprehend 1[and search] without warrant—
(a) any person found 2[gaming] 3[or reasonably suspected to be
gaming], in any public street, 4[or thoroughfare, or in any place to
which the public have or are permitted to have access] 5[or in any
race-course] ;
(b) any person setting any birds or animals to fight in any public
street, 4[or thoroughfare, or in any place to which the public have or
are permitted to have access] ;
(c) any person there present aiding and abetting such public fighting
of birds and animals.
Any such person shall, on conviction, 6[be punished both with fine
which may extend to three hundred rupees and with imprisonment],
which may extend to 7[three months] 8[and where such gaming consists
of wagering or betting or of any such transaction as is referred to in the
definition of gaming given in section 3, any such person so found gaming
shall, on conviction, be 9[punishable] in the manner and to the extent
referred to in section 4, and all moneys found with such person shall be
forfeited].
And such Police-officer may seize all birds and animals and 
10[things
reasonably suspected to be instruments of gaming] found in such public
1 The words “and search” were inserted by s. 9 ( 1) of Bom. 1 of 1936.
2 This word was substituted for the words “paying for money or other valuable thing with
cards, dice, counters or other instruments of gaming used in playing any game, not being
a game of mere skill” by s. 7 of the Bombay Prevention of Gambling (Amendment) Act,
1919 (Bom. 6 of 1919).
3 The words “or reasonably suspected to be gaming” were inserted by Bom. 1 of 1936,
s. 9( 2).
4 These  words were substituted for  the words  “place or thoroughfare” by  Schedule 1,
Part-II,  Serial No. 14  of  the Bombay  Repealing and  Amending Act, 1910  (Bom. 1
of 1910).
5 These words were added by s. 4 of the Bombay Prevention of Gambling (Amendment)
Act, 1922 (Bom. 5 of 1922).
6 These words were substituted for the words “be punishable with fine which may extend
to three hundred rupees, or with imprisonment” by Mah. 20 of 1975, s. 4.
7 The words “three months” were substituted for the words “one month” by Bom. 1 of
1966, s. 9 ( 5).
8 These words were added by s. 4 of the Bombay Prevention of Gambling (Amendment)
Act, 1922 (Bom. 5 of 1922).
9 The word  “punishable” was  substituted for the word  “punished” by Bom. 1 of  1936,
s. 9( 3).
10 These words were substituted for the words “instruments of gaming” by Bom. 1 of 1936,
s. 9( 6).
Power to
arrest
without
warrant for
gaming and
setting
birds and
animals to
fight in
public
streets.
Seizer and
destruction
of
instruments
found.
10 [1887 : Bom. IVMaharashtra Prevention of Gambling Act
street, 1[ thoroughfare, 2[ place or race-course] ] or on 3[ or about ] the
person of those whom he shall so arrest, and the Magistrate may, on
conviction of the offender, order such instruments to be forthwith
destroyed, and such birds and animals to be sold and the proceeds
forfeited. 4[ When any thing has been found on or about any person and
a Court is satisfied that the Police-officer had reasonable grounds for
suspecting that such thing was an instrument of gaming, such
circumstance shall, until the contrary is proved, be evidence that such
thing was an instrument of gaming and that the person on or about
whom the thing was found was present for the purpose of gaming].
5[ 12A. A Police officer may apprehend without warrant any person
who prints, publishes, sells, distributes or in any manner circulates any
newspaper, news-sheet or other document or any news of information
with the intention of aiding or facilitating gaming.
And such person shall, on conviction, be punishable in the manner and
to the extent referred to in section 4.
And any Police-officer may enter and search any place for the purpose
of seizing and may seize all things reasonably suspected to be used or
to be intended to be used for the purpose of committing an offence
under this section.
6[ 12B.  Where any thing is seized under section 12A, if the Court
is satisfied that the Police-officer who seized the thing had reasonable
ground for suspecting that the thing so seized had been used or was
likely to be used for the purpose of committing an offence under that
section, the seizure of such thing shall be evidence, until the contrary is
proved, that the thing so seized was printed, published, sold, distributed
or in any manner circulated, as the case may be, with the intention of
aiding or facilitating gaming.]
13.  Nothing in this Act shall be held to apply to any game of mere
skill wherever played.
1 These words were substituted for the words “place or thoroughfare” by Schedule 1, Part II,
Serial No. 14 of the Bombay Repealing and Amending Act, 1910 (Bom. 1 of 1910).
2 These words were substituted for the words “or place” by s. 4 of the Bombay Prevention
of Gambling (Amendment) Act, 1922 (Bom. 5 of 1922).
3 The words “or about” were inserted by Bom. 1 of 1936, s. 9( 6).
4 This paragraph was added by Bom. 1 of 1936, s. 9( 7).
5 Section 12A was inserted by Bom. 1 of 1936,  s. 10.
6 Section 12B was inserted by Mah. 20 of 1975, s. 5.
Power to
arrest
without
warrant for
printing,
publishing
or
distributing
any news
or
information.
Presumptive
proof of
printing,
publishing,
distributing
etc. any
news or
information.
Saving
of games
of mere
skill.
1887 : Bom. IV] 11Maharashtra Prevention of Gambling Act
1[14.  The Gambling Act, 1305 F, the Public Gambling Act, 1867 in
its extention to the Vidarbha region of the State of Bombay, the Bombay
Prevention of Gambling Act, 1887 as applied to the Saurashtra area by
the State of Saurashtra (Application of Central and Bombay Acts)
Ordinance, 1948 and the Bombay Prevention of Gambling Act, 1887 as
applied to the Kutch area by the Kutch (Application of Laws) Order,
1949 are hereby repealed :
Provided that such repeal shall not effect—
(a) the previous operation of the Acts so repealed, or
(b) any right, privilege, obligation or liability acquired, accured or
incurred under any Act so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against any of the provisions of the Acts so
repealed, or
(d) any investigation, legal proceeding or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment
as aforesaid ;
and any such investigation, legal proceeding or remedy may be instituted,
continued or enforced and any such penalty, forfeiture or punishment
may be imposed as if the Bombay Prevention of Gambling (Extension
and Amendment) Act, 1959 has not been passed :
Provided further that, subject to the preceding proviso, anything done
or any action taken (including authorisation made, powers conferred,
orders given and indemnity granted) by or under the provisions of the
Acts so repealed shall, in so far as it is not inconsistent with any
provisions of this Act, be deemed to be done or taken under the
corresponding provisions of this Act and shall until altered, repealed or
amended by anything done or any action taken under this Act, continue
in force accordingly.]
SCHEDULE
(ENACTMENTS REPEALED)
Repealed by Act XVI of 1895.
SCHE
1 Section 14 was added by Bom. 14 of 1959, s. 3 ( h).
Repeal and
savings.
Hyd.
II of
1305.
III
of
1867.
Bom.
IV
of
1887.
Sau.
Ord.
XXV
of
1948.
Bom.
IV
of
1887.
Bom.
XIV
of
1959.
H 465-(3927 Bks.)-2.2019
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