Whoever,—
(a) opens, keeps or uses any house, room or place for the purpose of a common gaming-house,
(b) being the owner or occupier of any such house, room or place knowingly or willfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid,
(c) has the care or management of, or in any manner assists in conducting the business of, any such house, room or place opened, occupied, kept or used for the purpose aforesaid,
(d) advances or furnishes money for the purpose of gaming with persons, frequenting any such house, room or place, shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to seven thousand rupees or with both:
Provided that—
(i) for the first offence, such imprisonment shall not be less than two months and the fine shall not be less than three thousand rupees,
(ii) for the second offence, such imprisonment shall not be less than six months and the fine shall not be less than five thousand rupees, and
(iii) for the third or subsequent offence, such imprisonment shall not be less than one year and the fine shall not be less than seven thousand rupees.]
3. Punishment for gaming in common gaming-houses.— 10[(1) Whosoever is found in any common gaming-house gaming or present for the purpose of gaming shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to seven thousand rupees or with both:
Provided that,—
(a) for the first offence, such imprisonment shall not be less than three months and the fine shall not be less than four thousand rupees,
(b) for the second offence, such imprisonment shall not be less than six months and the fine shall not be less than five thousand and five hundred rupees, and
(c) for the third or subsequent offence, such imprisonment shall not be less than one year and the fine shall not be less than seven thousand rupees.]
(2) Any person found in any common gaming-house during any gaming therein shall be presumed, until the contrary is proved, to have been there for the purpose of gaming.
11[4 A. Cancellation of licence.- If any place where any business or any other activity is being carried on under a licence granted under any law for the time being in force, and such place is used for the purpose of gaming in contravention of the provisions of this Act and/or the rules made thereunder, then, notwithstanding anything contained in section 3 ---------6-------- or in section 4 or in such law, the licencee of such business or other activity may, on conviction, be liable for suspension of such licence for such period as deemed fit or for cancellation of such licence:
Provided that no order under this section shall be passed unless the licencee is given an opportunity of being heard in the matter.]