LexThe Telangana Gaming Act, 1974.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA GAMING ACT, 1974.
(ACT NO. 27 OF 1974.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Penalty.
3A. Offences by companies.
4. Penalty for being found gaming in a common
gaming house.
5. Offences are cognizable and non-bailable.
6. Instruments of gaming found in a place entered or
searched to be evidence that the place is
common gaming house.
7. Provisions of sections 4 and 6 not to apply in
certain cases.
8. Instruments of gaming, etc., found in a common
gaming house may be ordered to be destroyed or
forfeited on conviction.
9. Penalty for gaming or setting birds or animals to
fight in a public street or place.
10. Power to arrest without warrant for gaming or
setting birds or animals to fight in public street or
place and to seize moneys, instruments of
gaming birds and animals.
11. Presumptive proof of gaming.
12. Instruments of gaming etc., found in public street
or place may be ordered to be destroyed or
forfeited on conviction.
2 [Act No. 27 of 1974]
13. Indemnification of persons concerned who are
examined as witnesses.
14. Payments of portion of fine to informants.
15. Power to remove difficulties.
15A. Over riding effect.
16. Power to make rules.
17. Repeals and Savings.
THE TELANGANA GAMING ACT, 1974.1
ACT No.27 OF 1974.
1. (1) This Act may be called the 2Telangana Gaming
Act, 1974.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(1) “common gaming house”, means-
(i) in the case of gaming-
(a) on a horse -race except in the ma nner provided
in clause (2); or
(b) on the market price of cotton, bullion or other
commodity or on the digits of the number used for stating
such price; or
(c) on the ground of variation in the market price of
any commodity specified in item (b) or on the digits of the
number used for stating the amount of such variation; or
1. The Andhra Pradesh Gaming Act, 1974 received the assent of the
Governor on the 22 nd August, 1974. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Short title, extent
and
commencement.
2 [Act No. 27 of 1974]
(d) on the market price of stock or share or on the
digits of the number used for stating such price ; or
(e) on the number of registration or on the digits of
the number of registration of any motor vehicle using a
public place; or
(f) on any transaction or scheme of wagering or
betting in which the receipt or d istribution of winnings or
prizes, in money or otherwise, is made to depend on
chance, any house, room, tent, enclosure, vehicle, vessel
3[cyber space] or any place whatsoever in which the gaming
takes place or in which the horses or other instruments of
gaming, are kept or used for such gaming;
4[(ii) in the case of any other form of gaming, any
house, room, tent, enclosure, vehicle, vessel, cyber space
or any 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,
tent,enclosure, vehicle, vessel, cyber space or any place,
whether by way of charge for the use of such house, room,
tent, enclosure, vehicle, vessel, cyber space or any place or
instruments of gaming or otherwise howsoever;
Explanation:- For the purpose of sub -clause (ii), any
premises or place or cyber space belonging to or occupied
by a club, society, company or other association of persons,
whether incorporated or not, which is used or kept for
purposes of gaming shall be deemed to be a common
gaming house notwithstanding that there is no profit or gain
for the club, society, company or other association of
persons on account thereof;]
3. Inserted by Act No.29 of 2017.
4. Substituted by Act No.29 of 2017.
[Act No. 27 of 1974] 3
(2) “gaming” means playing a game for winnings or
prizes in money or otherwise and includes playing a game
of mutka or satta 5[or online gaming for money or any other
stakes] and lucky board and wagering or betting, except
where such wagering or betting takes place upon a horse -
race-
(i) on the day on which the horse-race is to be run ;
(ii) in an enclosure which the stewards controlling the
horse-race 6[or race meeting] have, with the sanction of the
Government set apart for the purpose ; and
(iii) (a) with a licensed book maker ; or
(b) by means of a totalisator ;
but does not include a lottery ;
Explanation.—For the purpose of this clause-
7[(i) Wagering or betting shall include,-
(a) collection or soliciting of bets;
(b) the receipt or distribution of winnings or prizes
in money or otherwise in respect of any wager or bet;
(c) any act which is i ntended to aid, induce, solicit
or facilitate wagering or betting or such collection, soliciting,
receipt or distribution;
(d) any act of risking money, or otherwise on the
unknown result of an event including on a game of skill;
5. Inserted by Act No.29 of 2017.
6. Inserted by Act No.6 of 1975.
7. Substituted by Act No.29 of 2017.
4 [Act No. 27 of 1974]
(e) any action specified in sub -clause (a) to (d)
carried out directly or indirectly by the players playing any
game or by any third parties;]
(ii) “totalisator” means a totalisator in an enclosure
which the stewards controlling a race meeting have set
apart in accordance with sub -clause (ii) and includes any
instrument, machine or contrivance known as the totalisator
or any other instrument, machine or contrivanc e of a like
nature or any scheme for enabling any number of persons
to make bets with one another on the like principles;
8[(iii) „race meeting ‟ means a meeting held for the
purpose of horse racing at a race course within the State of
9Telangana and includes a meeting held at such race
course for the purpose of betting on any horse race at any
other race course outside the State.]
(3) “Government” means the State Government;
10[(4) Instruments of gaming includes cards, dice,
gaming tables, or clothes, boards or any other article used
or intended to be used as a subject or means of gaming,
any document, electronic form or record, digital form or
record used or intended to be used as a register or record
or evidence of any gaming, the proceeds of any gaming
which includes online electronic transfer of funds or
transactions and any winnings or prizes in money or
otherwise, distributed or intended to be distributed in
respect of any gaming.]
8. Inserted by Act No.6 of 1975.
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Substituted by Act No.29 of 2017.
[Act No. 27 of 1974] 5
3. 11[(1) Any person who opens, keeps, operates, or uses
or permits to be used any common gaming house or online
gaming or conducts or assists in conducting the business of
any common gaming house or advances or furnishes
money for gaming therein, shall be punishable-
(i) for the first offence, with imprisonment for a term
which may extend to one year and with fine which may
extend to five thousand rupees; but in the absence of
special reasons to be recorded in writing, the punishment
awarded under this clause shall be imprisonment for n ot
less than three months and fine of not less than three
thousand rupees;
(ii) for every subsequent offence, with imprisonment
for a term which may extend to two years and with fine
which may extend to ten thousand rupees; but in the
absence of special reasons to be recorded in writing the
punishment awarded under this clause shall be-
(a) for a second offence, imprisonment for not less
than six months and fine of not less than five thousand
rupees;
(b) for a third or subsequent offence, imprisonment
for not less than one year and fine of not less than ten
thousand rupees.]
Explanation.—For the purpose o f this section, the
expression “person” includes the owner, or as the case may
be, the occupier of the place used as a common gaming
house and where such place belongs to or is occupied by a
club, society or other association of persons, the person
having the care or management of such place.
11. Substituted by Act No.29 of 2017.
Penalty.
6 [Act No. 27 of 1974]
(2) It shall not be necessary, in order to convict any
person for opening, keeping or using or permitting the use
of common gaming house or of being concerned with the
care or management of a common gaming house, to prove
that any person found therein was gaming for money,
wager, bet or stake.
12[3A. Where a person committing a contravention of this
section or any other provisions of this Act is a company,
every person who, at the time of the contravention was
committed, was incharge of, and was responsible to the
company, for the conduct of the business of the company
as well as the company, its managing directors and other
directors, shall be deemed to be guilty of the contravention
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 punishment if he proves
that the contravention took place without his knowledge of
that he exercised all due diligence to prevent such
contravention.]
13[4. Whoever is found gaming, or present for the purpose
of gaming in a common gaming house shall, on conviction,
be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to three
thousand rupees, or with both.]
Explanation.—For the purpose of this section, any
person found in any common gaming house during gaming
therein shall be presumed to have been present there for
the purpose of gaming.
12. Inserted by Act No.29 of 2017.
13. Substituted by Act No.29 of 2017.
Penalty for being
found gaming in a
common gaming
house.
Offences by
companies.
[Act No. 27 of 1974] 7
14[5. (1) Every offence under this Act are cognizable and
non-bailable.
(2) Any Police Officer not below the rank of Sub -
Inspector of Police has got authority-
i) to enter any place and at any time with such force
and with such assistance as may be found necessary;
ii) to arrest all persons found therein;
iii) to search all such persons and all parts of such
place; and
iv) to seize-
(a) all moneys found with such persons;
(b) all investments of gaming; and
(c) all moneys, all 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 in such place;
v) to freeze bank accounts which are used for the
purpose of gaming.]
14[6. Where any instruments of gaming are found in any
place entered or searched, on or about the person found
therein, it shall be presumed that such place is used as a
common gaming house and that the persons found therein
were present there for the purpose of gaming although no
14. Substituted by Act No.29 of 2017.
Offences are
cognizable and
non-bailable.
Instruments of
gaming found in a
place entered or
searched to be
evidence that the
place is common
gaming house.
8 [Act No. 27 of 1974]
gaming was actually seen by the police officer or any of his
assistants.]
15[7. Nothing in the Explanation to section 4, or in section
6 shall apply to persons found in a premises or place
belonging to or occupied by a club, society, company or
other association of persons, whether incorporated or not,
unless such persons are actually found gaming or
facilitating such gaming in any manner in such p remises or
place.]
8. On conviction of any person for opening, keeping or
using or permitting the use of a common gaming house, or
gaming therein or being present for the purpose of gaming,
the convicting magistrate,-
(i) may order all the instruments of gaming found therein
or on or about the person found therein, to be forthwith
destroyed or forfeited; and
(ii) may order-
(a) 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 to be
forfeited ; or
(b) any part of such proceeds, and other moneys to
be paid to any person appearing to be entitled thereto.
15[9. (1) Whoever is found gaming or reasonably
suspected to be gaming in any public street or thoroughfare
or in any place to which the public have, or are permitted to
have access, shall be punishable with imprisonment for a
15. Substituted by Act No.29 of 2017.
Provisions of
sections 4 and 6
not to apply in
certain cases.
Instruments of
gaming, etc.,
found in a
common gaming
house may be
ordered to be
destroyed or
forfeited on
conviction.
Penalty for
gaming or setting
birds or animals
to fight in a public
street or place.
[Act No. 27 of 1974] 9
term which may extend to six months or with fine which may
extend to five thousand rupees or with both.
(2) Whoever is found setting any birds or animals to
fight or is reasonably suspected to be aiding or abetting
such fighting of birds or animals in any public street or
thoroughfare or in any place to which the public have, or are
permitted to have access, shall be punishable with
imprisonment for a term which may extend to six months or
with fine which may extend to f ive thousand rupees or with
both.]
10. (1) Any police officer may arrest and search without
warrant any person referred to in section 9.
(2) Any such police offic er may seize all moneys, all
instruments of gaming and all things reasonably suspected
to be instruments of gaming found in the public street,
thoroughfare or place or found with the persons arrested by
him and all birds or animals found with the persons arrested
by him or are reasonably suspected to have been kept for
being set to fight in the public street, thoroughfare or place.
11. When any thing is seized under sub -section (2 ) of
section 10, and if the magistrate is satisfied that the police
officer who seized it has reasonable grounds for suspecting
that the thing so seized was an instrument of gaming, it shall
be presumed that such thing was an instrument of gaming
and that the person on or about whom the thing was found
was present in the public street , thoroughfare or place for
the purpose of gaming.
12. On conviction of any person under section 9, the
convicting magistrate may order that-
(i) all the instruments of gaming seized, shall forthwith
be destroyed or forfeited;
Power to arrest
without warrant
for gaming or
setting birds or
animals to fight in
public street or
place and to seize
moneys,
instruments of
gaming birds and
animals.
Presumptive proof
of gaming.
Instruments of
gaming etc.,
found in public
street or place
may be ordered to
be destroyed or
forfeited on
conviction.
10 [Act No. 27 of 1974]
(ii) all birds or animals seized, shall be sold and the
proceeds thereof with all the moneys seized shall be
forfeited.
13. Any person who is concerned in gaming contrary to the
provisions of this Act, and who is examined as a witness
before a magistrate on the trial of any person for a breach of
any of the provisions of this Act and who upon such
examination, makes 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 any
prosecution under this Act for any thing previously done in
respect of that particular gaming.
14. (1) The convicting magistrate may direc t any portion,
not exceeding one half, of any fine which is imposed under
section 3, section 4 or section 9 and of the moneys or the
proceeds of articles seized and ordered to be forfeited
under section 8 or section 12 to be paid to such informants
as may have assisted in the detection of the offenders.
(2) A direction under sub -section (1) may also be made
by any court of appeal, reference or revision.
(3) Where a direction is made under sub -section (1) or
sub-section (2) the magistrate or court concerned shall send
the amount to be paid under sub -section (1) or sub -section
(2), as the case may be in the area within the jurisdiciion of
the Commissioner of Police, Hyderabad to the said
Commissioner and elsewhere to the Superintendent of
Police, who shall distribute it among such of the informants
aforesaid as may be chosen by him in such proportion as
he thinks fit.
Indemnification of
persons
concerned who
are examined as
witnesses.
Payments of
portion of fine to
informants.
[Act No. 27 of 1974] 11
(4) The amount to be paid as aforesaid shall not be sent
to the Commissioner of Police or the Superintendent of
Police until the expiration of three months from the date of
the direction under sub-section (1) or if an appeal, reference
or revision is made within the period, until the same is
disposed of.
16[15. (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order in the
Telangana Gazette, make such provisions not inconsistent
with the provisions of this Act as may appear to it to be
necessary or expedient for removing such difficulty:
Provided that no order shall be made under this section
after the expiry of two years from the date of
commencement of the Telangana Gaming (Amendment)
Act, 2017.
(2) Every order made under this section shall be laid, as
soon as may be after it is made, before each House of the
State Legislature.]
17[15-A. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in
any other law for the time being in force.]
16. (1) The Government may, by notification in the
18Telangana Gazette make rules for carrying out all or any of
the purposes of this Act.
(2) Every rule made under this section shall immediately
after it is made, be laid before each House of the State
Legislature if it is in session immediately following for a total
16. Substituted by Act No.29 of 2017.
17. Inserted by Act No.29 of 2017.
18. Substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
Power to remove
difficulties.
Power to make
rules.
Over riding
effect.
12 [Act No. 27 of 1974]
period of fourteen days which may be comprised in one
session or in two successive sessions and if, before the
expiration of the session in which it is so laid or the session
immediately following both Houses agree in making any
modification in the rule or in the annulment of the rule, the
rule shall, from the date on which the modification or
annulment is notified have effect only in such modified form
or shall stand annuled, as the case may be ; so however
that any such modification or annulment shall be without
prejudice to the validity of anything previously done under
that rule.
17. The Andhra Pradesh (Andhra Area) Gaming Act, 1930,
and the Andhra Pradesh (T elangana Area) Gambling Act,
1305 F. are hereby repealed:
Provided that such repeal shall not affect of the previous
operation of the said Acts and subject thereto, anything
done or any action taken in the exercise of any powers
conferred by or under the Acts so repealed shall be deemed
to have been done or taken in the exercise of the powers
conferred by or under this Act as if this Act were in force on
the date on which such thing was done or action was taken.
* * *
Repeals and
Savings.
Act III of 1930.
Act II of 1305 F.