(1 ) This Act may be called the Odisha Prevention of Gambling Act, 1955.
(2) It extends to the whole of the State of Odisha
(3) It shall come into force at once provided that the State Government shall have power by notification to direct from time to time the suspension of operation of Section 7 in such area. and for such period ail may be specified in the said notification.
2. In this Act unless there is anything repugnant in the subject or context:
(a) “Common gaming house" means any gaming- house where instruments of gaming are kept or used for profit or gain of the user, owner; occupier or keeper of such The Odisha Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY Short title, extent and commencement Definitions 2 house whether by way of a charge for the use of the instruments of gaming or of such house or otherwise howsoever ;
(b) “ Gambling or gaming ” does not include lottery and means a play or game for money or other stake and includes betting and wagering and other act, game and contrivanoe by which a person intentionally exposes money or things of value to the risk or hazard of loss by chance;
( c) “Gaming house” means any house, room, tent, enclosure, space, vehicle, vessel or place where gaming or gambling takes place or where instruments of gaming are kept or used for gaming or gambling therein ;
(d) “instruments of gambling or gaming ” include an article used as a subject or means of or for the purpose of carrying on or facilitating, or in connection with gambling or gaming and any books, lists, tickets, forms or other documents used or intended to be used as a register or record or evidence thereof:
(e) “ lottery ” means a scheme for disposal or distribution of prizes by chance.
3. Whoever take part in gambling or gaming shall on conviction be punishable with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
4. Whoever being the owner or occupier or having the use of any house, room, tent, enclosure, space, vehicles, Vessel or place knowingly or wilfully permits the same to be open, occupied or used by any other person as a gaming house shall, on conviction be liable to imprisonment which may extend to one month or to a fine which may extend to one hundred rupees or to both.
5. Whoever being the owner or occupier or having the use of a common gaminghouse, knowingly or wilfully permits the same to be open, occupied, used or kept by any other person as such and whoever has the care or management of or in any manner assists in using the common gaming- house shall, on conviction; be liable to imprisonment which may extend to six months or to a fine which may extend to one thousand rupees or to both,
6. Whoever takes part in gambling in a common gaming - house shall be punishable with imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both ;and 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 and to have taken part therein.
7. If any person sets any bird or animal to fight in public market, fair, street, place or thorough- fare and if any person present there aids or abets such public fighting of birds or animals he shall be deemed to have committed the offence of gaming within the meaning of this Act and shall ,on conviction, be liable to imprisonment for a period not exceeding one month or with fine not exceeding one hundred rupees.
8. If the District Magistrate or a. Magistrate of the first class, or the District Superintendent of Police or the Deputy Superintendent of Police has reason to believe that any house, tent, room, enclosure, space, vehicle, vessel or place is used as a common gaming-house, he may either himself enter, or by his warrant authorise any Penalty for gambling or gaming Penalty for owning or keeping or having the charge of a gaming house Penalty for owning , keeping or having charge of a common gaming house Penalty for gaming or gambling in a common gaming-house Penalty for setting birds or animals to fight in any public place Power to enter and authorise police to enter and search 3 officer of police, not being below the rank of an Assistant Sub-Inspector of Police, to enter, with such assistance as may be found necessary, by night or by day and by force, if necessary, any such house, tent, room, enclosure, space, vehicle; vessel or place and may either himself take into custody, all persons whom he or such officer finds therein, whether or not such person may be then actually gaming ;
and may seize or authorise such officer to seize all instruments of gaming, 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 gaming, which are found therein ;
and may search or authorise such officer to search all parts of the house, tent, room, enclosure,| space, vehicle, vessel or place which he or such officer shall have so entered, when he or such officer has reason to believe that any instruments of gaming are concealed therein, and also the persons of those whom he or such officer so takes into custody ;
and may eize or authorise such officer to seize and take possession of all instruments of gaming found upon such search.
9. When any cards, dice, gaming-table, cloth, boards or other instruments of gaming are found in any house, tent, room, enclosure, space, vehicle, vessel or place entered or searched under the provisions of the last preceding section, or about the person of any of those who are found therein, it shall be evidence, until the contrary is made to appear that such house,tent, room,enclosure space, vehicle, vessel or place is used as a common gaming-house, and that the persons found therein were there present for the purpose of gaming, although no play was actually seen by the Magistrate or Police Officer, or by any person acting under the authority of either of them.
10. If any person found in any common gaming- house entered by any Magistrate or Officer of Police under the provisions of this Act, upon being arrested by any such officer, or upon being brought before anyMagistrate on being required by such officer or Magistrate to give his name and address shall refuse or neglect to give his or shall give any false name or address, he may, upon conviction before the same or any other Magistrate, be adjudged to pay any penalty not exceeding five-hundred rupees, together with such costs as to such Magistrate shall appear reasonable and on the non-payment of such penalty and costs, or in the first instance if to such Magistrate it shaIl seem fit, may be imprisoned for any period not exceeding one month.
11. On conviction of any person for keeping or using any such common gaminghouse, or being present therein for the purpose of gaming, the convicting Magistrate may order all the instruments of gaming found therein to be destroyed and may also order all or any of the securities for money, and other articles seized, not being instruments of gaming, to be sold and converted into money, and the proceeds thereof with all moneys seized therein to be forfeited; or, in his discretion, may order any part thereof to be returned to the persons appearing to have been severally entitled, thereto, Finding cards in suspected houses to be evidence that they are common gaming houses :
Penalty for giving false name or address Destruction of instruments of gaming 4
12. It shall not be necessary, in order to convict any person of keeping a common gaming-house,or of being concerned in the management of any common gaminghouse, to prove that any person found playing therein at any game was playing for any money; wager or stake.