The Assam Game and Betting Act, 1970

.\SSAM ACT XVIII OF 1970 [Received the assent of the Govern01· on the 19th December 1970] THE· ASSAM GAME AND BETTING ACT, 1970 (Published in the Assam Gazette Extraordinary, datP<l the 19th December 1970) Aa Act to extend the Public Ga1nbling Act, 1867 to the whole of the State of Assa1n. Preamble. Whereas gambling and betting on games and sports have widely spread throughout the State causing debasement of puhlic morality and wide-spread expfoitation and threat to peace .and order; lt has therefore become expedient to extend the Central Act Public Gambling, Act, 1&67 to the whole of th6 111 of 1867 · State of As:;am to prohibit betting on games in the manner hereinafter appearing ; It is hereby enacted in the Twenty-first Year of the Republic of India as follows:- Short title 1. (1) This Act may be called the AHsam Game extent and' and Betting Act, 1970. commence- ment. (2) It shall extend to the whole of Assam excluding the Autonomous State of Meghalaya but including the Municipality of Shillong. (3) It shall come into force at once. Definitions. :it. For the purpose of this Act, unless contrary intention appears in the context:- (a) "bet" with all its grammatic.al variations means any r:::ioney or a valuable security or thing staked by a person on behalf of himself or on behalf of any other person, by himself or through any agent• or any person procured or employed acting for or on his behalf, to be lost or won on the happening or determination,of an una;Jcer tained thing, event or contingency of or in relation to a game or sport and shall include acceptance of a bet. Price Rs. 0.15 p. (oniy) , ,,.r . •· I . '- 2 It sha!1 further include wager, vrngering contract, totalisator and pool transaction in relation to any • game or sport but shall not include a lottery or betting on a horse race whrn such betting takes place- (i) On the day on which the race has been fixed to run, (ii) in an enclosure which the racing club or the stewards thereof controlling such race have with the permission 01· the State Government set apart for the purpose, and (iii) with a licensed book-maker for horse racing or by means of a totalisator as Assam Act £" defined in section 14 of the Assam V:I of 1939. Amusements and Betting Tax Act, 1939. (b) " acceptance of bet" with all its gramma tical variations means the acceptance of a bet as defined in clause ta) above by any person either on behalf of himself or any other person or through any agent or any person procured or employed acting for or on his behalf, with a· promise, underta\ting or assurance express or implied for payment of any money or any valuable thing after the happening or determination of an unascertained event or thing in relation to any game or sport. Banks, Posts and Telegraphs or any other orga· r.isation or house or concern which transmits money or valuable security shall be deemed to be joint agent of both the sender and the receiver. (c) "Betting house" means any house, room, office, enclosure, space, vehicle, vessel, tent or place which is used for the purpose of bettin~ or for receiving any information of aoythini including the result of any game or sport or wherein instrumenls of betting or records of betting are kept or fou.nd or whereto vi~itors are invited for purpose of betting by any advertisement, board or signboard or any visible sign or by any words verbal or in writing. (cl) "instruments of betting" includes any board, .. table, tickets, tokens, coupons, book, khatas, slips and all other things which are used in bettings or to facilitate betting on a game or sport. -- (e) "records of betting" includes any table, board cloth, writing materials, accounts and account-books, slips, paper, books, khatas, receipts, coupons anrl all other things which contain or may indicate to have any relation to record of betting. .. (f) "District Magistrate" shall include a Magis trate holding the charge· of a Subdivision and an Additional District Magistrate and also any Magistrate having the powers of a First Class Magistrate. (g) "District Superintendent of Police" includes an Additional and Assistant Superinten dent of Police, Deputy Superintendent of Police and any police officer, holding the charge of a Subdivision of a_ District. (h) "person" sh;ill have the ~ame meaning as A A . G I . ssam ct defined m the Assam eneral C auses Act, III of 1915. 1915 and shall include a firm, whether registered or not and also a firm of an undivided 1-lindu family. (i) "valuable security" shall have the same Central Ac; meaning as defined in the Indian Penal XLV of Code, 1860. 1860. (J.) "the Act" means th e P u bl"1 c Gambling Act, 1861. (k) ''invitation for betting" means to invite visitors to. take part in betting in which ever form or to be present in the betting house, by or through any advertisement or display of any board, signboard or any ether form of visible representation or by words, verbal or in writing. Amendment 3. For section 2 of the Public Gambling Act, 186.7 of section 2 the following shall be substituted, namely- of Central Act III of 1867. "Extent 2. This Act shall extend to the whole of Assam excluding the Autonomous State of Mc ghalaya but including the Municipality of Shillong." • I 4 Amendment 4. In section 3 of the Act, for the words "two of section 3 hundred rupees", the words "five hundred of Central Act III of rupees" shall be substituted. 1867 Amendment 5. In section 7 of the Act, for the words "five of section 7 hundred rupees", the words "one thousand of Central rupees" shall be substituted. Act III of !8f7. Amendment 6. In sectio:i 13 of the Act, for the w'ords of section 13 "fifty rupees", the words "one hundred of Central rupees" shall be substituted. Ac III of 1367. Pcwer to en· 7. If a District Magistrate or ;:i. District ter and au Superintendent o( Police has reason to thorise Police believe that any house, room, office, enclo tC enter and search. .sure, space, vehicle, vessel, tent or place is used as betting house; he may e:ther himself enter or by his warrant authorise an officer of Police not below the rank of a Suh-Inspector to enter with such assistance as may be found necessary by night or by day and by force if neces sary any such house, room, office, enclosure, space, vehicle, vessel, tent or plac.e; and may either himself or by the Police Officer authorised as above take into custody, all persons whom he or such officer. finds therein, whether or i not then actually betting and may either himself or by such Police Officer as authorised as above, seize all things reasonably sus pected to be instruments of betting or records of betting 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 betting on a game or sport ; and may either himse1:-~r the Police Officer as authorised above, search all parts ofthe house, room. office, enclosure, space, vehicle, vessel, tent or place which he or such officer ~hall have so entered when he or such officer has reason to believe that any instru ments of betting or records of betting are concealed 01 kept therein, and also the persons of those whom he or such offi1:er so takes into custody ; ' .....,. . and either he 6r such officer may .. eize and take be possession of all thinis reasonably suspected to jn struments of betting or records of betting founrl upon such search, or used or intended to be used in bett ing. Presumption 8. When any instruments of betting or any records as to use ofof betting are fo11nd in any house, enclosure, room, any houtse, office, space, vehicle, vessel, tent or place entered or room, e c., h d d h . . f h 1 d' as a betting searc e un er t e provision o t e ast prece mg; house and of section or on or about the persons of any of those who a person are found therein, it shall be presumed, until the [ound there- contrary is made to a pp ear, that such house m. enclosure, office, room, space,· vehicle, vessel tent or place is used as betting house and that the "' persons found therein were present for the purpose of L betting although no betting was actually seen by the Magistrate or by the Police Officer or any of its Assistants. Penalty on 9. If any person found in a betting house, entered persons :o:r~es- by a Magistrate or any officer of Police under the pro ted for g1vmg . · f h' A b · d b h fa! ·e names v1 s10ns o t is ct, upon emg arreste y any sue and addresses.officer or upon being brought before any Magistrate or being required by such officer or Magistrate to give his name anc:\ address shall refuse or neglect to give the same or shall give any false name or address, he shall be punished with rigorous imprisonment for not less than three months but not exceeding one year and a fine of rupees five hundred but not exceeding rupees ·:me thousand. . Destruction IO. On conviction of any ,person for an offence under of t Instrud the provisions of this Act, the convicting Magistrate ~~~r~s a~f shall order all the instruments and records of betting betting and found therein to be destroyed and shall order ail and forfeiture of any of the securities for money and other article seized, money, etc. not being instruments or records of betting to be rnld and converted into money and the proceeds thereof and all money seized therein to be forfeited. 11. It shall not be necessary in order to convict any Proof of person for keeping a betting house or for being con· ~ctual bett· cerned in the management of any betting house to rng unneces- prove that any person found was actually betting-. sary. 12. Any person who shall have been concerned in Witnesses betting and who shall be ('xamined as a witness before indemnified. a Magistrate on the trial of. any .person under any provision of this Act and who upon such examina tion shall in the opinion of the Magistr;ite make true and faithful statement, and discovery to the best of his lmowledg~, of all things regarding which he shall be so examined, shall thereupon receive from the said Magistrate a certificate in writing to that effect, and shall be free from all prosecutjons under this Act for anything done before that time. Arrest of 13. Any Police Officer may appi:diend ·any person ~;r0~s !~u- found betting or having in po~session any instrument or poss~ss;~~ of betting or records of betting found on or about a instruments person so apprehended. or records of betting and ·seizure. Punishment 14. Anybody who bets or invites betting or poss· for. ~etting, esses any instrument of betting or records of l:ietting mvitmtg_ or or accepts betting as defined by the provisions of this ? b c e c tt e i p n g 1 n ogr A ct s h a 11 b e pum · s h e d wi · t h ri · g orous 1 · mpr1 · sonment ir or posil°ess in g not less than six months but not exceeding three years instrume n t and a fine of rupees one thousand but · uot exceeding or r~cords of rupees two thousand. · betting. Pen~lty for l!l. Whoever opens or keeps betting house or uses ownmg or any house, room; office, enclosure, space, vehicle, k«:eI?•ng hor vessel, tent~ or place as a betting house or whoever h g a e v o m f g a c be a t r - -b e1 . ng an owner, occupi · er or h a':' · m g t h e use o f any ting house. house , room, office, space, vehicle, vessel, tent, en- closure, place permits or connives at any person using such house, room, office, space, vehicle, vessel, tent, enclosure or place as a be1ting house or whoever has the care or management of or in any manner assists in conducting the business of any house, room, office, space, vehicle, vessel, tent, enclosure ·or place opens, keeps or uses the same for the purpose of betting or whoever advances or furnishes money for the purpose of betting shall be punished with . rigorous imprison ment for not _less than six months but not exceeding three years and a fine for rupees one thousand but not exceeding rupees two thousand. P~esump~on 16. Anybody who is found in a betting house by as 0 bettmg. a Magistrate or a Police Officer entering into a betting house under the provision of section 7 or this Act shall be presumed, unless the contrary is proved, that he had been there for the purpose of betting and shall be punished with rigorous impri sonment for not less than six months but not ex ceeding three years and a fine of rupees one thou sand but not exceedin15 rupees two thousand. Punishmen_t 17. Anybody who communicates auy information ::.~~rnmund about the result of a betting or any thing in relation recclving ~-to a betting and anybody who receives such infor form at i o n mation shail be liable to be punished with rigo1ous im about. result prisonment for· not less than six months but not ex ~~:r ~~ r~~: ceeding three years and a fine of rupees one thousand ting. but not> exceeding rupees two thousand, " } 7 PresumpHon 18. Any ticket, token, receipt, coupon -or counter ~nd evidence foil and such other things· found and seized on or 1 in n s r t e ru sp m e e c n t t o o f f a b out a person. <;'-PPre h en. d e d or ta k ~n m · to cust.o d y betting and under any prov1smn of this Act or found and .seized taking part in and from the possession of a person shall be in betting. evidence in the trial of such person for an offrnce under this Act and unless the contrary is proved, shall be presumed to be an instrument of betting on a game or sport and shall ah1iJ be presumed that the person concerned had taken part in betting. . I Presu~ption 19. Any cloth, writing materials. books, khatas, ~nd evidencef registers, ledgers, accounts and account books which r m e c r o e r s d p s e ct o o f may m· d" i cate to h ave any re I at1 · 0n to b ettt ' ng, i " f betting. found on or about the person who has been app rehended or taken into custody under any provision of this Act or found and seized in and from the possession of any person shall be ~vidence at the tri<tl of such person for an offence under this Ac~ and shall be presumed to be records of betting unless the contrary is proved by the accused person. ~inding of 20. Any ticket, token, receipt, coupon, counter ticke~, tokens, foil and any cloth, board, table, paper and slips p e e t: c . ~ e i d n ho s u u s s e - s o f . i:iaper, b oo k s, ~egi . s ters, b m:r d s, s . i gn b oar d s or any to be evide- visible representations, ledgers, accounts, account nee .that they books ana money which may indicate to have any are mstrume- relation with betting and which bave been found nd ts ofr breetctoinrg- an d sei · ze d un d er , sec.ti · on 7 o f t h" 1 s A c t s h a 11 b e a~do that such evidence in a trial for an offence under .s ection 15 houses are and shall be presumed to be instruments of betting betting holi- _or records of betting, as the case may be, and the ses. house, room, office, space, vehicle, vessel, tent, enclosure or place shall be . presumed to . be a betting house unless the contrary is prov.ed by the accused person. ', · Offences co- 21. All offences under this Act shall be cog gn!sable, non- nieable and non-bailable, and no person accused of ba.il~ble,. aad an offence under this Act, shall be released on s d p u e r c e i a f l o r p g ro ra c n e- . b ~t . 1 b ¥ any C our~ wi . t h out h e~r . m g t h e pr9secuh . o n ting hails. of which due notice shall be given ; provided that all orders shall give reasons for which bail is given. Amendment 22. Chapter II of the Assam Amusements and Assam Act ~~ f~apter .Betting Tax Act, 1939, hereinafter referred to as the VI of 193?. Ac~ vi'5a~~said Chapter, shall stand amended as specified in the 1939, Schedule.o 8 Repeal and 23.(1) The Assam Game and Betting Ordinance, Assam Ordi- !::iaving. 1970 is hereb"· repealed. ~ nance III ' of l!.17C!t (2) Notwithstanding such repeal, anything done or any action taken under the Assam Game and Betting Ordinance,. 1970, shall be deemed ·w have been done or taken under this Act as if this Act had cmmen ced on the twentieth day of August, 1970 (the date of promulgation of the Ordinance). . SCHEDULE (See Section 22) Amendments to Chapter II of the Assam Amusements and Betting Tax Act, 1939. 1. In section 14 of the said Chapter:- (i) clause (3A) shall be deleted; (ii) clause (7) shall be deleted. 2. In section 18 of the said Chapter, sub-seetions (3), (4) and (5) shall be d,eleted. AGP (J,:nv) 3/71--2,500-29~1~71. ·:,