The Andaman and Nicobar Islands Public Gambling Regulation, 1951.

REGISTERED No. EP-503 The Gazette of India PART II—Section 1 PUBLISHED BY AUTHORITY No. 58J NEW DELHI. MONDAY, DECEMBER 17,1951 New Delhi, the 11th December, 1951 THE ANDAMAN AND NICOBAR ISLANDS PUBLIC GAMBLING REGULATION, 1951 No. II OF 1951 A Regulation to provide for the punishment of public gambling and the keeping of common gaming-houses in the Andaman and Nicobar Islands, and for matters connected therewith. In exercise of the powers conferred by clause (2) of article 248 of the Constitution, the President is pleased to promulgate the following Regulation made by him: — 1. Short title, extent and commencement.—(2) This Regulation may be called the Andaman and Nicobar Islands Public Gambling Regulation, (2) It extends to the whole of the Andaman and Nicobar Islands. (3) I t shall come into force at once. 2, Definitions.—In this Regulation, unless the context otherwise requires,— (1) "betting office" means any place, whether public or private, which is used for wagering or betting upon, or for receiving moneys as an agency for wagering or betting upon, any fight, game, sport or exercise or for the settlement of such wagers or bets or for the settle- ment by the agent with his principals on the result of such wagers or bets; 532 THE GAZETTE OF INDIA EXTBAORDINABY [PART i i (2) "the Code" means the Code of Criminal Procedure, 1808 (Act V of 1898); (.9) "common gaming-house" means any place, whether public or private, in which— (a) any instruments of gaming are kept or used for the profit or gajri of the person owning, oooupying, using or keeping suoh place, whether by way of charge for the use of the instruments of gaming as suoh, or of the place or otherwise howsoever for gaming purposes, or (b) the game of ti well-known in Burma or China, or any other game ov pretended game of a like nature, is oarried on; (4) "district superintendent of police" includes an assistant superintendent of police or other person appointed by general or special order of the Chief Commissioner to exercise the powers and to perform the duties of a district superintendent of police under tfai» Regulation hi Any are*; (5) the words "gaming" and "playing", with their grammatical variations and cognate expressions inolude taking part in the gama of ti or in any other game or pretended game of a like nature, but do not include the promoting of, or the taking part in, any game of mere human skill, wherever played; (6) the expression "instruments of gaming" m e a n s - fa) any cards, dice, counters, coins, gaming tables, gaming cloth, gaming boards or other articles devised or actually used for the purpose of gaming; (b) any boxes, receptacles, lists, papers, tickets or forms used for the purpose of the game of ti or any other game or pretended game of a like nature; (7) "place" includes a houqe, tent, enclosure, room, space, vessel or vehicle. 3. Penalty for owning or keeping or having charge of a gaming-house.— Whoever— (a) being the owner or occupier or having the use of any place, opens, keeps or uses the same an a common gaming-house; or (b) being the owner or occupier of any place knowingly permitg the same to be opened, used or kept as a common gaming-house; or (o) has the care or management of, or in any .manner assists in conducting, the business of any common gaming-house; or (d) advances or furnishes money for the purpose of gaming with persons frequenting any common gaming-house; shall be liable for a first offence to a fine not exceeding five hundred rupees, or to imprisonment for a term not exceeding three months, and for a subsequent offence to a fine not exceeding one thousand rupees, or to imprisonment for a term not oxceeding six months. SEC. 11 THE GAZETTE OF INDIA EXTBAOB.DINABY fi33 4. Penalty lor playing or being In a gaming-house.—Whoever plays in any common gaming-house or is there present for the purpose of gaining, whether or not actually playing, shall be liable for a first offence to a fine not exceeding one hundred rupees, or to imprisonment for a term Hot exceeding one month, and for a subsequent oSenoe to a fine not exceeding two hundred rupees, or to imprisonment for a term not exceeding two months. 5. Penalty lor gaming or setting bird* or animals to fight in public placet.—Whoever in any street or thoroughfare or place to whioh the public have aoceea— (a) plays for money or other valuable thing with any instrumenfi of gaming; or (b) sets any birds or animals to fight; or (o) being there present, aids and abets suoh publio fighting of birds or animals; or (d) in any local area to which the Chief Commissioner may, by notification in the Official Gazette, apply this clause, in any manner invites or encourages any person to wager o4- bet on any tight, game, or exercise; shall be liable to a fine not exceeding fifty rupees, or to imprisonment tor fl term not exceeding one month. 8. Penalty lor conducting game of ti or other like game.—Whoever— (a) conducts or assists in conducting the game of ti or any other game or pretended game of a like nature as manager or stake holder; ar (b) is, according to the rules ot the game or pretended game, entitled to receive the surplus proceeds, or any part of tho surplus proceeds, or the stake after deducting the amount payable to the successful player or players; or (c) promotes the game or pretended game by soliciting or collecting stakes or otherwise; shall be liable to imprisonment for a term winch may extend to six months, or with fine, or with both. 7. Power to arrest without warrant and to seize Instruments ol gaming.—(1) Any police offloer may arrest without warrant any person who in any street or thoroughfare or place to which the public have access and within the view of such police officer—- (a) solicits or collects stakes for the game of it or any other game or pretended game of a like nature; or (6) plays for money or other valuable thing with any instrument of gaming; or (c) sets birds or animals to fight; or 634 THE GAZETTE OF INDIA EXTEAORDINABY [PART U (d) being there present, aids and abets such public fighting of birds or animals; or (e) commits an bflenoe punishable under clause (d) of section 5. (2) Any instruments of gaming or any other thing, whiuh under the provisions of section 8 may be seized in a betting ofiico, may be seized if found in such street, thoroughfare or place or on the persons of those who are arrested under sub-section (1). 8. Power to enter and authorize police officer to enter and search any Suspected house, etc.—(1) If the district magistrate, or any magistrpta of the first class or any other magistrate specially empowered by the Chief Commissioner 'in this bebalf, or the district superintendent of police, on credible information or on any other sufficient grounds, and after such inquiry as he may think, necessary, has reason to believe that any place is used as a common gaming-house, he may eiiher himself do any of the following acts or, by warrant, authorise any police officer not below th • rank of assistant sub-inspector of police to—• (a) enter, within seven days from the date thereof, witl such assistance as may be found necessary, by night or by day and by Eoice if necessary, any such place; (6) take into custody all persons whom he finds therein whether they aro then aotually gaming or not; (o) Hoize all instriiTiu nls of gaming, all moneys 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 (d) search all parts of the place, which he shall have so entered, when he has reason to believe that any instruments of gaming are concealed therein, and also tho persr-ns of those whom he has taken into custody; and .seize and lake possession of all instruments of gaming found upon such search. (2) All searches under sub-section (1) shall be made in accordanoe with the provisions of sub-section (3) of section 102 and of section 108 of the Code. (3) When any place is entered under sub-section (I) by a police officer, he shall, without undue delay after the completion of the proceeding under that sub-section, submit a report of such proceedings together with the warrant, if any, to a magistrate who has jurisdiction to take cognizance of any offence which appears to have been committed and take or send to Huoh magistrate the persons arrested and the articles seized: Provided that the police officer may release the persons so arrested on bail or on their own recognizances conditioned to appear before such magistrate: nnd Provided further that if no person is arrested, the police officer shall iubmit a report of his proceedings to a magistrate who issued the warrant, B any. 9. Power to enter and search betting offices.—(1) The district magis- |rate or the district superintendent of police, or any police officer not below the rank of officer in charge of a police station upon being duly empowered by a warrant issued by either of such officers may, by day or night, enter and search with such assistance as may be necessary, any place which ifl reasonably believed to be used as a betting office and seize any tickets, coupons, registers, books ur other documents iound therein and used, or intended to be used 01 icasonnbly suspected to be used, us a record or evidence of any wager of bet upon any tight, game or exercise. (£) All searcheb under Mib-seehon (2) shall bo made in accordance with the provisions oi t,u(> s ction (3) oi section 102 and oi section 103 of the Code. (3) No warrant issued under sub-section (i) shall be executed after the expiry of seven days from the date thereot, (4.) When any place is enteml under Bub-section (i) by a police officer other than the district supenntumlont of polite, he shall immediately after the completion ot the proceedings, submit) a leport thereof to the district magistrate or if the warrant was issued by the district superintendent of police, to that officer. 10 Presumption respecting Instruments of gaining found in places entered—When any insUumcnt ot gimiijm ifc found in any place entered under the provisions of this lte^ulatiou, or about the persona of any oi tho&e who aietound then.111, it ahulJ be piuMiuiul until tho contrary is proved, that such place ife ubt-d a^ a com non gamfug-houso, and that the persons found theiein weip theie picseiit foi ilia puipose oi gaming, al- though no play was actually .seen by the inagiatiate oi police officer, or by any one aiding in the entry. .11. Tender of pardon to accomplice.- (1) It shall be lawful for the magistrate, before whom an} pi ison i& aw. used of an offence under section 3 oi heotion 4 oi net. turn 5 oi M« tion (5, with a view to obtaining on the trial the evidence of tlio poison touching any unlawful gaming or touching anything done with retoienoo to, or in furtherance of, any unlawful gam- ing, or touching any act done lor the puipose of preventing, obstructing or delaying the entry into any place ot tiny magistrate or police officer autho- rised to make such entry, to Icndei it ptudon to such person on condition of his making a full and true disclosure oi the whole of the circumstances within his knowledge relative to the off< nee and to every other person concerned, whether as principal or nbettoL1 in the commission thereof. {2) The provisionb o{ sections 837, ?AV.) and S30A of the Code shall apply to any person to whom a pardon has been tendered under sub-section (1) as thoy apply to any perbon to whom a purdon has boen tondered under |hose provisions. 12. Magistrate may order destruction of cards, etc., and forfeiture of Afticlaa seized.—On the conviction of any ')ci=nn 1m- nu offence committed Under this liugulation, the convicting magistrate may order any instru- ments of gaming seized to br destroyed and may also order any other article seized to be sold and oonveifced into money, and the proceeds thereof with all moneys seized therein to be forfeited to the Government; or in his discretion may order any of such tu tides and the whole or any part of such moneys to be icturned to the person appearing to have been severally thereunto entitled. 18. Recovery of fines.—All fines rmpo'-ed under this Eegulation may be recovered in the manner provided in the Codo^ 14. Portion ol fine may be paid aa reward—The magistrate trying any case under this Regulation may direct any portion of any fine levied under this Regulation to be paid to any person who has contributed in any way to the conviction. 16. Power to demand uecurity for good behaviour.—Whenever a, district magistrate or any magistrate of the first olaaa specially empowered in thla behalf by the Chief Commissioner, receives information that any person within the local limits of his jurisdiction earns his livelihood, wholly or in part, by unlawful gaming or by promoting or assisting in the promotion of unlawful gaming, he may deal with such, person as nearly as may ba as if the information received about him were of the description men- tioned in section 110 of the Code and for the purpose of any proceeding under that section the fact that a person earns his livelihood as aforesaid may be proved by evidence of general repute or otherwise. RAJENDRA PRASAD, Preeident. Me&y. U the Oovt. of hulin. PRINTED IN INDIA BY THE MANAGER GOVT. OF INDIA. PBE88, NBW DBUII AMU PUBLISHED BY THE MANAGER OF PUBLICATIONS, DEUTt, 1001