The Meghalaya Prevention of Gambling Act, 1970 Act No.8 of 1970

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MEGHALAYA ACT 8 OF 1970 
THE MEGHALAYA PREVENTION OF GAMBLING ACT, 1970 
(As passed by the Assembly) 
[Received the assent of the Governor on the Twenty-fifth October, 1970] 
(Published in the Gazette of Meghalaya, Extraordinary, dated 27th October, 1970) 
Arrangement of Sections 
SECTIONS: 
1. Short title and commencement. 
2. Definitions. 
3. Penalty for owning, keeping or having charge of a common gaming house. 
4. Penalty for assisting gambling. 
5. Penalty for being found in common gaming house. 
6. Power of Police Officer to enter and search. 
7. Finding instruments of gaming in suspected houses to be evidence that they are common gaming 
houses. 
8. Penalty for giving for stakes unnecessary. 
9. Destruction of instruments of gaming and payment of reward to informers. 
10. Proof for playing for stakes unnecessary. 
11. Gaming in public places. 
12. Power of Police Officer to enter premises and arrest persons, printing, etc., matters relating to 
gambling. 
13. Exemptions. 
 
14. Indemnity of witnesses. 
 
 
 
 
 
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15. Penalty for subsequent offence. 
 
16. Searches how to be made. 
 
17. Protection of action taken. 
 
18. Recovery of fines. 
 
19. Power to make rules. 
20. Repeal of the Public Gambling Act, 1967 (Central Act 3 of 1867). 
21. Amendment of Assam Amusements and Betting Tax Act, 1980 (Assam Act 6 of 1939). 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE MEGHALAYA  
PREVENTION OF GAMBLING ACT, 1970 
 ACT 8 OF 1970 
An 
Act 
to provide for the prevention of gambling and for matters 
connected therewith 
Be it enacted by the Legislature of Meghalaya in the Twenty-first Year of the 
Republic of India as follows:- 
Short title 1“ , ” 
extent and 
commencement. 
   1. (1) This Act may be called the Meghalaya Prevention of  
       Gambling Act, 1970. 
 
2“(2) It extends to the whole of the State of Meghalaya.” 
3“(3) It shall come into force at once.” 
 
Definitions   2.  In this Act,- 
(a) “common gaming house” means any house in  which any 
instrument of gaming is kept or used for the profit or gain of 
the person owning, occupying, using or keeping the house, 
whether by way of charge for the use of the house or instrument 
of gaming or otherwise howsoever. 
(b) “gambling” or “gaming” means a play or game for  money, 
including betting and wagering, by which a person 
intentionally exposes money to the risk or hazard of loss by 
chance; but does not include- 
 
(i) a lottery ; or 
(ii) wagering or betting upon a horse race, when such wagering 
or betting takes place- 
(a) on the date on which the race is to be run; 
(b) in an enclosure which the stewards controlling the race 
have, with the permission of the Government, set apart 
for the purpose, and 
(c) with a licensed book maker or by means of a totalisator 
as defined in the Assam Amusements and Betting Tax, 
1939. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Assam Act 6 
of 1930 
 
1 Inserted in the marginal note after word “title” a comma “(,)” followed by the word “extent” of the Meghalaya Act 12 of 1972. 
2 Re-numbered from sub-section (2) to sub-section (3) of Meghalaya Act 2 of 1972. 
3 Substituted by section 2(ii) of Meghalaya Act of 1972. 
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  (d) “instrument of gaming” includes cards, dice, darts, 
arrows, table, board or any other article used or 
intended to be used as a means or appurtenance of, or 
for the purpose of carrying on or facilitation or in 
connection with, gambling, and any book, licence, 
ticket, form or other document use or intended to be 
used as a register or record or evidence thereof; 
(e) “magistrate” means any person exercising the 
powers of a magistrate of the first class under the 
Code of Criminal Procedure, 1893 or under any other 
valuable security or thing. 
(f) “money” includes a cheque or any other negotiable  
  instrument, a postal or money order or any other  
  valuable security or thing; 
(g) “police officer” means any such member of the police 
force as the Government of Meghalaya  
may, by general or special order, notify as a police  
officer for the purposes of this Act; 
(h) “printing” includes writing or other modes of  
representing or reproducing words, letters or figures 
in a visible form. 
 
 
 
 
 
Central Act 
5 of 1898 
Penalty for 
owning, 
keeping or 
having charge 
of a common 
gaming house. 
 3. Whoever, being the owner or occupier or having the use of any 
house, opens, keeps or uses the same as a common gaming 
house, or knowingly or wilfully permits the same to be opened, 
occupied, used or kept by any other person as a common 
gaming house, shall be punishable with imprisonment which 
may extend to six months or with fine which may extend to six 
months or with fine which may extend to one thousand rupees 
or with both. 
 
Penalty for 
assisting 
gambling. 
 4 Whoever has the care or management of, or in any manner 
assists in conducting the business of, any house as a common 
gaming house or advances or furnishes money for the purpose 
of gaming with persons frequenting such common gaming 
house, shall be punishable with imprisonment which may 
extend to six months or with fine which may extend to one 
thousand rupees or with both. 
 
 
 
 
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Penalty for 
being found in 
common 
gaming house. 
5 (1) Whoever is found in any house playing or gaming with 
any instruments of gaming or is found there present for the 
purpose of gaming, whether playing for any money, wager, 
stake or otherwise shall be punishable with imprisonment 
which may extend to six m onths or with fine which may 
extend to one thousand rupees or with both. 
(2) Any person found in a common gaming house during any 
gaming or playing therein shall be presumed until the 
contrary is proved, to have been there for the purpose of 
gaming. 
 
Power of 
police officer 
to enter and 
search. 
6 If a magistrate of the first class or a Superintendent of Police, 
upon credible information and after such inquiry as he may 
consider necessary, has reason to believe that any house is being 
used as a common gaming house, he may either himself or by 
his warrant authorise an officer of police not below the rank of 
Sub-Inspector of Police to enter and to - 
 
(a) take into custody all persons whom he finds therein, 
whether or not such persons may be then actually 
gaming; 
(b) seize all instruments of gaming and all money 
reasonably suspected to have been used or intended to 
be used for the purposes of gaming which are found 
therein. 
(c) search all parts of the house which he shall have so 
entered when he has reason to believe that nay 
instruments of gaming are concealed therein and also 
the persons of those whom he so takes into custody; and 
(d) seize and take possession of all instruments of gaming 
found upon such search. 
 
Finding 
instruments of 
gaming in 
suspected 
houses to be 
evidence that 
they are 
common 
gaming 
houses. 
7 When any instruments of gaming are found in any house 
entered or searched under section 6 or about the persons of any 
of those who are found therein, it shall be evidence, until the 
contrary is proved, that such house is used as a common 
gaming house and that the persons found therein were present 
there for the purpose of gaming although no gaming or playing 
was actually seen by the police officer. 
 
 
 
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Penalty for 
giving false 
name and 
address. 
8. If any person found in any common gaming house entered by 
any police officer under section 6, upon being arrested by 
such police officer or upon being brought before any 
magistrate refuses or neglects to give his name and address or 
gives any false name or address on being so required by any 
such magistrate or police officer, he shall be punishable with 
imprisonment which may extend to three months or with fine 
which may extend to five hundred rupees or with both. 
 
Destruction of 
instruments of 
gaming and 
payment of 
reward to 
informers. 
9. (1) One the conviction of any person for keeping or using 
any common gaming house, or being present there for her 
purpose of gaming, the convicting magistrate may order all the 
instruments of gaming found therein to he destroyed, 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 
converted into money, and the proceeds thereof with all 
monies seized t herein to be forfeited; or , in his discretion , 
may order any part thereof to be returned to the persons 
appearing to have been severally entitled thereto. 
(2) The magistrate may also order that a portion not  
exceeding one -fourth of any fine levied under section 3 or 
section 4 or section 5 or any portion of the monies or proceeds 
of articles seized and ordered to be forfeited under this section 
shall be paid as a reward to any person whose information and 
assistance have contributed to the detection of the offence and 
seizure of the monies and articles aforesaid. 
 
Proof for 
playing for 
stakes 
unnecessary. 
10. It shall not be necessary, in order to convict any person of 
keeping a common gaming house, or of being concerned in the 
managements of any common gaming house, to prove that any 
person found playing therein at any game was playing for any 
money, wager and stake. 
 
Gaming in 
Public places. 
11. (1) A police officer may arrest without warrant any person- 
(a) found gaming in any public market, fair, street or 
thoroughfare or any place to which the public have or are 
permitted to have access; 
(b) arranging for the purpose of gaming, the game of teer 
(thoh team) in any public market, fair, street of 
thoroughfare or in any place to which the public have or 
are permitted to have access; 
(c) setting, for the purpose of gaming, any birds or animals to 
fight in any public market, fair, street or thoroughfare or 
in any place to which the public have or are permitted to 
have access; 
 
 
 
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  (d) present at any such place as is mentioned above aiding 
and abetting any such game as is referred to in clause (b) 
or clause (c). 
(2) Any person arrested under sub -section (1), shall be 
punishable with imprisonment which may extend to three 
months or with fine which may extend to five hundred rupees 
or with both. 
(3) Any such police officer may also seize all instruments 
of gaming, birds or animals found in such public market, fair 
street or thoroughfare or place or from the persons of those 
arrested 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 thereof to be forfeited. 
 
Power of 
police officer 
to enter 
premises an 
arrest persons 
printing, etc., 
matters 
relating to 
gambling. 
12 (1) A police officer may arrest without warrant any person who 
prints, publishes, sells, distributes or in any manner 
circulates any newspaper, new -sheet or other document or 
any news or information with the intention of aiding or 
facilitating gaming and a ny police officer may enter and 
search any place for the purpose of seizing, and may seize 
all things reasonably suspected to be used or intended to be 
used for the purpose aforesaid. 
(2) Any person arrested under sub -section (1) shall be 
punishable with imprisonment which may extend to three 
months or with fine which may extend to five hundred rupees 
or with both. 
 
Exemptions. 13 (1) Nothing in this Act shall apply to any game of mere skill 
wherever played: 
(2) Without prejudice to the provisions contained in 
subsection (1), the Government of Meghalaya may , by 
notification, exempt any game or sport from the operation of 
this Act in respect of which it is satisfied that, having regard 
to its nature, the skill involved and the customs con nected 
therewith in vogue in the community, nothing connected with 
such game or sport is likely to encourage gambling or 
otherwise defeat the objects of this Act; and any such 
notification may be issued either in relation to the whole of 
the territories to which this Act extends or to any part thereof, 
and may also specify the circumstances in which and the 
conditions subject to which such game or sport may be played 
or undertaken. 
If any person contravenes the circumstances in which  and 
conditions subject to which any game or sport is exempted 
under the provisions of sub-section (2), he shall be punishable 
with fine which may extend to two hundred rupees. 
 
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1Inserted by Section 2(i) of Meghalaya Act 8 of 1976. 
Indemnity of 
witnesses. 
14. Any person who shall have been concerned in gaming leading 
to, and who shall be examined as a witness before a magistrate 
in respect of, the trial of any person for a breach of any of the 
provisions of this Act and who upon such examination shall 
make a 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 to that 
effect, shall be freed from all prosecution, under the provisions 
of this Act for anything done before that time in respect of such 
gaming. 
 
Penalty for 
subsequent 
offences. 
15. Whoever having been convicted of an offence punishable 
under this Act shall again be guilty of any such offence, shall 
be subject for every such subsequent offence to double the 
amount of punishable with which he would otherwise have 
been punishable for the same. 
      1“Provided that the minimum amount of punishment under 
this section for an offence under section 3 or 4 shall not be less 
than one month’ s imprisonment with or without fine” 
 
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1Inserted by Section 2(ii) of Meghalaya Act 8 of 1976. 
2Inserted by Section 3 of Meghalaya Act 8 of 1976 
3 Repeal by Section 3 and 4 of Meghalaya Act 12 of 1972 
Provided 1“further” that he shall not be punishable in any 
case with imprisonment for a term exceeding one year or with 
fine exceeding two thousand rupees or with both. 
 
2“Offences 
under sections 
3 and 4 non-
bailable.” 
15A. All offences under sections 3 and 4 of this Act shall be non -
bailable, and no person accused of an offence under any of the 
aforesaid sections shall be released on bail by any Court 
without hearing the prosecution of which due notice shall be 
given and every order granting bail shall give reasons 
thereof.” 
 
Searches how 
to be made. 
16. All searches under this act shall be conducted as far as may be, 
in accordance with the provisions of the Code of Criminal 
Procedure, 1898. 
Central Act 5 
of 1898. 
Protection of 
action taken. 
17. No suit, prosecution or other legal proceeding shall lie against 
any officer of the Government for anything which is in good 
faith done or intended to be done under this Act. 
 
Recovery of 
fines. 
18. Any fine imposed under this act shall be recovered in the 
manner provided in the Code of Criminal Procedure, 1898, for 
the recovery of fines or in such other manner as the 
Government of Meghalaya, may specify. 
Central Act 
5 of 1898 
Power to make 
rules. 
19.  (1) The Government of Meghalaya may, by notification, 
make rules to carry out the purposes of this Act  
(2) In particular, and without prejudice to the generality 
of the foregoing power, such rules may provide for – 
(a) the police officers of and above such rank as may 
be specified who alone may perform the functions 
of police officers under this Act; 
(b) the precautions to be observed by a police officer 
before entering any premises or making any 
searches or taking any other action under this Act; 
 
(c) the manner in which fines under this manner 
provided in the Code of Criminal Procedure, 
1898. 
Central Act 
5 of 1898 
Repeal of Central 
Act 3 of 1867. 
20. 3The Public Gambling Act, 1867, is hereby repealed.  
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THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT AMENDMENTS TO THE 
MEGHALAYA PREVENTION OF GAMBLING (AMENDMENT) 1976 (ACT NO. 8 OF 1976) AMENDED AND UPDATED 
UPTO THE YEAR 1976. 
Amendment of 
Assam Act 6 of 
1939. 
21. The Assam Amusements and Betting Tax Act, 1939, shall 
stand amended as follows: - 
1) For the word ‘Assam’ wherever it occurs, the 
word “Meghalaya” shall be substituted; and for 
the words “State Government”, Government of 
Assam”, and “State Government of Assam”” 
wherever they occur, the words “Government of 
Meghalaya” shall be 
substituted 
2) For sub-sections (2) and (3) of section 1, the 
following sub-section shall be substituted, 
namely: - 
“(2) Is extends to the whole of Meghalaya except 
Shillong.” 
3) In section 14, clauses (3A) and (7) shall be 
omitted. 
In section 18, sub -sections (3), (4) and (5) shall be 
omitted. 
 

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