The ODISHA PREVENTION OF GAMBLING ACT, 1955

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* published vide Odisha Gazette Ext.,dtd. 10. 12. 1955, O. A. No. 17 of  1955.
1. For Statement of Objects and Reasons - see Odisha Gazette Ext., dtd 3.9.1954 and for Re
port of the Select Committee - see Odisha Gazette Ext. No. 160, dtd. 10. 8. 1955.
ODISHA  ACT 17 OF 1955
THE ODISHA PREVENTION OF GAMBLING ACT, 1955
AN ACT TO PROVIDE FOR. PUNISHMENT OF GAMBLING AND THE KEEPING
OF COMMON GAMING-HOUSE INTHE STATE OF  ODISHA  AND TO SECURE
THE ULTIMATE PREVENTION  OF GAMBLING
Whereas it is expedient to make provision for the punishment of gambling and
the keeping of common gaming houses in the State of Odisha. and to secure the ulti-
mate  prevention of gambling ;
It is hereby enacted by the Legislature of the State of  Odisha in the sixth year of
the Republic of India. as follows:
1Statement of Objects and reasons : At present three Gambling Acts are in form
in different parts of Odisha. They are:
(1) Public Gambling  Act, 1867(Act III OF 1867);
(2) Bengal Gambling  Act, 1867 (Act II of 1867); and
(3) Madras Gambling Act, 1930 (Act III of 1930).
Before the merger some of the ex-State areas had adopted either Bengal Gam-
bling Act or the Central  Act, but after the mer ger the Bengal Gambling  Act was
extended to all ex- State areas. In the old district of  Sambalpur the Central Act is in force
while in ex-state areas included in these districts the Bengal Gambling Act is in opera-
tion. This has created a situation under which the Police Officers in the same district
have to apply two dif ferent Acts for prosecution of the of fenders. It has, therefore,
become imperative to replace all the Acts by one new Act. Hence this Bill.
1. (1 ) This Act may be called the Odisha Prevention of Gambling Act, 1955.
(2) It extends to the whole of the State of Odisha
(3) It shall come into force at once provided that the State Government shall
have power by notification to direct from time to time the suspension of operation of
Section 7 in such area. and for such period ail may be specified in the said notification.
2.  In this Act unless there is anything repugnant in the subject or context:
(a) “Common gaming house" means any gaming- house where instruments of
gaming are kept or used for profit or gain of the user, owner; occupier or keeper of such
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Short title,
extent and
commencement
Definitions
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house whether by  way of a charge for the use of the instruments of gaming or of such
house or otherwise howsoever ;
(b) “ Gambling or gaming ”   does not include lottery and means a play or game
for money or other stake and includes betting and wagering and other act, game and
contrivanoe by which a  person intentionally exposes money or things of value to the
risk or hazard of loss by chance;
( c) “Gaming house”  means any house, room, tent, enclosure, space, vehicle,
vessel or place where gaming or gambling takes place or where instruments of gaming
are kept or used for gaming  or gambling therein ;
(d) “instrument s of gambling or gaming ”  include an article used as a subject
or means of or for the purpose of carrying on or facilitating, or in connection with
gambling or gaming and any books, lists, tickets, forms or other documents used or
intended to be used as a register or record or evidence thereof:
(e) “ lottery ”  means a scheme for disposal or distribution of prizes by chance.
3. Whoever take part in gambling or gaming shall on conviction be punishable
with imprisonment which may extend to one month or with fine which may extend to one
hundred rupees or with both.
 4.  Whoever being the owner or occupier or having the use of any house, room,
tent, enclosure, space, vehicles, Vessel or place knowingly or wilfully permits the same
to be open, occupied or used by  any other person as a  gaming house shall, on
conviction be liable to imprisonment which may extend to one month or to a fine which
may extend to one hundred rupees or to both.
5.  Whoever being the owner or occupier or having the use of a common gaming-
house, knowingly or wilfully permits the same to be open,  occupied, used or kept by
any other person as such  and whoever has the care or management of or in any manner
assists in using the common gaming- house shall, on conviction; be liable to imprison-
ment which may extend to six months or to a fine which may extend to one thousand
rupees or to both,
 6. Whoever takes part in gambling in a 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 ;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 and to have taken part therein.
 7.  If any person sets any bird or animal to fight in public market, fair , street,
place or thorough- fare and if any person present there aids or abets such public
fighting of birds or animals he shall be deemed to have committed the offence of gaming
within the meaning of this Act and shall ,on conviction, be liable to imprisonment for a
period not exceeding one month or with fine not exceeding one hundred rupees.
8.  If the District Magistrate or a. Magistrate of the first class, or the District
Superintendent of Police or the Deputy Superintendent of Police has reason to believe
that any house, tent, room, enclosure, space, vehicle, vessel or place is used  as a
common gaming-house, he may either himself enter, or by his warrant authorise any
Penalty for
gambling or
gaming
Penalty for
owning or
keeping or
having the
charge of a
gaming house
Penalty for
owning ,
keeping or
having charge
of a common
gaming house
Penalty for
gaming or
gambling in a
common
gaming-house
Penalty for
setting
birds or
animals to
fight in any
public place
Power to enter
and authorise
police to enter
and search
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officer of police, not being below the rank of an Assistant Sub-Inspector of Police, to
enter, with such assistance as may be found necessary, by night or by day and by force,
if necessary, any such house, tent, room, enclosure, space, vehicle; vessel or place and
may either himself take into custody, all persons whom he or such officer finds therein,
whether or not such person may be then actually gaming ;
and may seize or authorise such officer 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 may search or authorise such officer to search all parts of the house, tent,
room, enclosure,| space, vehicle, vessel or place which he or such officer shall have so
entered, 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 ;
and may eize or authorise such officer to seize and take possession of all instru-
ments of gaming found upon such search.
9.  When any cards, dice, gaming-table, cloth, boards or other instruments of
gaming are found in any house, tent, room, enclosure, space, vehicle, vessel or place
entered or searched under the provisions of the last preceding section, or about the
person of any of those who are found therein, it shall be evidence, until the contrary is
made to appear that such house,tent, room,enclosure space, vehicle, vessel or 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 Magistrate or
Police Officer, or by any person acting under the authority of either of them.
10. 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 anyMagistrate on being required by
such officer or Magistrate to give his name and address shall refuse or neglect to give
his or shall give any false name or address, he may, upon conviction before the same or
any other Magistrate, be adjudged to pay any penalty not exceeding five-hundred
rupees, together with such costs as to such Magistrate shall appear reasonable and on
the non-payment of such penalty and costs, or in the first instance if to such Magistrate
it shaIl seem fit, may be imprisoned for any period not exceeding one month.
 11.  On conviction of any person for keeping or using any such common gaming-
house, or being 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 for money , and other articles seized, not being
instruments of gaming, to be sold and converted into money, and the proceeds thereof
with all moneys seized therein 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,
Finding cards in
suspected houses to
be evidence that they
are common gaming
houses :
Penalty  for giving
false name or
address
Destruction of
instruments of
gaming
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12. 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 therein at any game was playing for any
money; wager or stake.
13.  (1) A  Police Of ficer may apprehend without warrant any person found
gaming and gambling with cards, dice, counters or other instruments of gaming used in
playing any game in any public market, fair, street, place or thoroughfare, or any person
setting any birds or animals to fight in any such public market, fair , street, place or
thoroughfare, or any person there present aiding or abetting such public fighting of
bird and animals.
(2) Such person, when apprehended, shall be brought without delay before a,
Magistrate, and shall be liable, on conviction, to a penalty as provided in section 5 or
section 7 as the case may be ; and such Police Officer may seize all birds and animals
and instruments of gaming found in such public place or on the person of those whom
he shall so arrest, and the Magstrate may , on conviction of the of fender, order such
intruments to be forthwith destroyed and such birds and animals to be sold.
14.  The State Government may by a general or special order exempt any social
club or party playing games for the bona fide purposes of recreation only or any fight
of birds in any public place from the operation of this Act and they may by notification
delegate their powers under this section to any person or authority subordinate to
them.
15.  (1) The Public Gambling Act, 1867 (III of 1867), the Bengal Public Gambling
Act, 1867 (Ben. Act IIof 1867) and the Madras Gambling Act, 1930 (Mad. Act III 1930 )
shall in their application to the State of Odisha be repealed.
(2) Any order made and anything done under the said Acts and in force immedi-
ately before the commencement of this Act, shall continue in force and be deemed to be
made or done under the corresponding provisions of this Act.
(3) Such repeal shell not:
(a) affect any liability incurred under the said Acts or any punishment incurred
in respect of any contravention of the said  Acts or any rule or order made thereunder ;
 (b) affect any investigation, or legal proceeding in respect of any such liability
or punishment as aforesaid and any such investigation or legal proceedings may be
instituted, continued or enforced and any such punishment may be imposed as if the
said Acts had not expired.
___________
Proof of
playing for
stakes
unnecessary
Gaming and
setting birds
and animals to
fight in public
streets
Power to give
exemption
Repeal and
savings

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