Updated: Saturday May 18, 2013/AsSabt
Rajab 09, 1434/Sanivara
Vaisakha 28, 1935, at 05:26:25 PM
The
(Pb
Ord. VII of 1978)
C O N T E N T S
Sections
1. Short
title, extent and commencement.
2. Definitions.
3. Penalty
for owning or keeping or having charge of a common gaming house.
4. Penalty
for being found in common gaming-house.
5. Penalty
for gaming in a public place.
5-A. Powers
of police officers.
6. Penalty
for gaming in private places, etc.
7. Enhanced
punishment for subsequent offences.
8. Power
to enter and search.
9. Presumption
with respect to common gaming-house and persons present therein.
10. Tender
of pardon to an accomplice.
11. Power
to make rules.
13. Ordinance
to over ride other laws, etc.
14. Repeal
of W.P. Ordinance No.I of 1961.
[1][1]The
(Pb Ord. VII of 1978)
[
An
Ordinance to provide for the prevention of gambling
Preamble.— WHEREAS it is expedient to provide for the
prevention of gambling.
NOW,
THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977,
read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of
1977), the Governor of the
1. Short title, extent and commencement.— (1) This Ordinance may be called the Punjab
Prevention of Gambling Ordinance, 1978.
(2) It extends to the whole of the Province
of the
(3) It shall come into force on 15th day of
March, 1978.
2. Definitions.— In this Ordinance, unless there is anything
repugnant in the subject or context,---
(a) “common gaming house”
means any house, room, tent, enclosure, vehicle, vessel or other place
whatsoever in which any instruments of gaming are kept or used for gaming
purposes,---
(i) with the object of profit
or gain of any person owning, occupying or keeping such house, room, tent,
enclosure, vehicle, vessel or other place whether by way of charge for the use
of such house, room, tent, enclosure, vehicle, vessel or place or instruments
or otherwise howsoever; or
(ii) with or without the object of such profit or
gain, if the gaming for the purpose of which such instruments are so kept or
used is gaming on any figures or numbers or dates to be subsequently
ascertained or disclosed, or on the occurrence or non-occurrence of any natural
event;
(b) “gaming” includes
wagering or betting, including wager or bet made in respect of any horse, mare
or gelding running in competition with any other horse, mare or gelding, or of
the rider thereof;
(c) “Government” means the Government of the
(d) “instruments of gaming” includes any article
used or intended to be used as a means or appurtenance of, or of carrying on or
facilitating, gaming, and any documents used as a register or record or
evidence of any gaming; and
(e) “prescribed” means
prescribed by rules made under this Ordinance.
3. Penalty for owning or keeping or having
charge of a common gaming house.— (1) Whoever,---
(a) being the owner or
occupier, or having the use, of any house, room, tent, enclosure, vehicle,
vessel or other place keeps or uses, or knowingly or willfully permits the same
to be occupied, kept or used by any other person as a common gaming-house; or
(b) has the care or management, or in any manner
assists in conducting the business, of any common gaming-house; or
(c) advances or furnishes money for the purpose of
gaming with persons frequenting any common gaming-house,
shall be punishable with imprisonment for a
term which shall not be less than one month nor more than one year, or with fine
which shall not be less than one hundred rupees nor more than one thousand
rupees, or with both.
(2) In a prosecution under sub-section (1),
it shall not be necessary to prove that the person found playing was playing
for any money, wager or stake.
4. Penalty
for being found in common gaming-house.— (1) Whoever is found in any common gaming-house
playing or gaming with cards, dice, counters, money or other instruments of
gaming, or for the purpose of gaming, whether for any money, wager or stake or
otherwise, shall be punishable with imprisonment for a term which may extend to
one year, or with fine which may extend to five thousand rupees, or with both.
(2) 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.
5. Penalty for gaming in a public place.— Whoever is found gaming in any public place,
street or thoroughfare, shall be punishable with imprisonment for a term which
may extend to [2][2][three years], or with fine which may extend
to [3][3][five
thousand rupees], or with both.
[4][4][5-A. Powers of police officers.— A police officer, not below the rank of
Sub-Inspector, may,---
(a) arrest without warrant any person committing
an offence under section 5;
(b) search any person so as to seize instruments
of gaming used for committing an offence under section 5; and
(c) seize and take possession of gaming moneys,
securities, articles of value and instruments of gaming reasonably suspected to
have been used or intended to be used for the purpose of committing an offence
under section 5.]
6. Penalty for gaming in private places,
etc.— Whoever is found
gaming in any house, room, tent, enclosure, vehicle vessel or other place shall
be punishable with imprisonment for a term which may extend to [5][5][five years], or with fine which may extend
to [6][6][seven thousand rupees], or with both.
7. Enhanced
punishment for subsequent offences.— Whoever, having been convicted of any offence
under this Ordinance, again commits any such offence shall be punishable for
every such subsequent offence with imprisonment for a term which may extend to [7][7][seven years], or with fine which may extend to [8][8][ten thousand rupees], or with both.
8. Power to enter and search.— If a District Magistrate, Sub-divisional
Magistrate, Magistrate of the first class upon information and after such
inquiry as he thinks necessary, has reason to believe that any place is used as
a common gaming-house of that an offence under section 6 is being committed at
or in any place, he may,---
(a) enter such place at any time with such
assistance as he may require and using such force as may be necessary:
Provided that, if such place
is in the actual occupancy of a woman who according to custom, does not appear
in public, the officer so entering such place shall give notice to her that she
is at liberty to withdraw and, after allowing reasonable time for her to
withdraw and giving her reasonable facility for withdrawing, may enter the place;
(b) search such place for any instruments of
gaming kept or concealed therein, and also the person of all those who are
found in that place, except the woman;
(c) seize and take possession of gaming 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
or upon any person found therein; and
(d) take into custody all persons, except women
found in that place, whether or not then actually gaming.
9. Presumption with respect to common
gaming-house and persons present therein.— When any cards, dice, gaming-tables, gaming clothes, gaming-boards or
other instruments of gaming are found in any house, room, tent, enclosure,
vehicle vessel or other place entered or searched under the provisions of
section 8, or upon any person found therein, it shall be presumed, until the
contrary is proved, that such house, room, tent, enclosure, vehicle, vessel or
other place is used as a common gaming-house and that any person found therein
was there present for the purpose of gaming, although no play was actually seen
by the officer making the entry or search.
10. Tender of
pardon to an accomplice.— Any person who shall have been concerned with any gaming
contrary to this Ordinance and who shall be examined as a witness before a
magistrate on the trial of any person for a breach of any of the provisions of
this Ordinance relating to gaming and who, upon such examination, shall in the
opinion of the magistrate make true and faithful discovery to the best of his
knowledge of all things as to which he shall be so examined, shall thereupon
receive from the said magistrate a certificate in writing to this effect and
shall be freed from all prosecutions under this Ordinance for anything done
before that time in respect of such gaming.
11. Power to make rules.— The Government may, by notification in the
official Gazette, make rules for the purpose of carrying into effect the
provisions of this Ordinance.
12. [9][9][* * * * *
* * * * * * * *]
13. Ordinance to over ride other laws, etc.— This Ordinance shall have effect
notwithstanding anything contained in any other law for the time being in
force.
14. Repeal
of W.P. Ordinance No.I of 1961.— The Punjab Prevention of Gambling Ordinance,
1961, is hereby repealed.
[1][1]This
Ordinance was promulgated by the Governor of the
[2][2]Substituted
by the
[3][3]Ibid.
[4][4]Inserted by the
[5][5]Substituted
by the
[6][6]Ibid.
[7][7]Ibid.
[8][8]Ibid.
[9][9]Omitted by the
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