(1) This Act may be called the 2Telangana Gaming Act, 1974.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the Government may, by notification in the 2Telangana Gazette, appoint.
2. In this Act, unless the context otherwise requires,-
(1) “common gaming house”, means-
(i) in the case of gaming-
(a) on a horse-race except in the manner provided in clause (2); or
(b) on the market price of cotton, bullion or other commodity or on the digits of the number used for stating such price; or
(c) on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation; or
1. The Andhra Pradesh Gaming Act, 1974 received the assent of the Governor on the 22nd August, 1974. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Definitions.
Short title, extent and commencement.
2 [Act No. 27 of 1974]
(d) on the market price of stock or share or on the digits of the number used for stating such price ; or
(e) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place; or
(f) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes, in money or otherwise, is made to depend on chance, any house, room, tent, enclosure, vehicle, vessel 3[cyber space] or any place whatsoever in which the gaming takes place or in which the horses or other instruments of gaming, are kept or used for such gaming;
4[(ii) in the case of any other form of gaming, any house, room, tent, enclosure, vehicle, vessel, cyber space or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent,enclosure, vehicle, vessel, cyber space or any place, whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel, cyber space or any place or instruments of gaming or otherwise howsoever;
Explanation:- For the purpose of sub-clause (ii), any premises or place or cyber space belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, which is used or kept for purposes of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society, company or other association of persons on account thereof;]
3. Inserted by Act No.29 of 2017.
4. Substituted by Act No.29 of 2017.
[Act No. 27 of 1974] 3
(2) “gaming” means playing a game for winnings or prizes in money or otherwise and includes playing a game of mutka or satta 5[or online gaming for money or any other stakes] and lucky board and wagering or betting, except where such wagering or betting takes place upon a horserace-
(i) on the day on which the horse-race is to be run ;
(ii) in an enclosure which the stewards controlling the horse-race 6[or race meeting] have, with the sanction of the Government set apart for the purpose ; and
(iii) (a) with a licensed book maker ; or
(b) by means of a totalisator ;
but does not include a lottery ;
Explanation.—For the purpose of this clause- 7[(i) Wagering or betting shall include,-
(a) collection or soliciting of bets;
(b) the receipt or distribution of winnings or prizes in money or otherwise in respect of any wager or bet;
(c) any act which is intended to aid, induce, solicit or facilitate wagering or betting or such collection, soliciting, receipt or distribution;
(d) any act of risking money, or otherwise on the unknown result of an event including on a game of skill;
5. Inserted by Act No.29 of 2017.
6. Inserted by Act No.6 of 1975.
7. Substituted by Act No.29 of 2017.
4 [Act No. 27 of 1974]
(e) any action specified in sub-clause (a) to (d) carried out directly or indirectly by the players playing any game or by any third parties;]
(ii) “totalisator” means a totalisator in an enclosure which the stewards controlling a race meeting have set apart in accordance with sub-clause (ii) and includes any instrument, machine or contrivance known as the totalisator or any other instrument, machine or contrivance of a like nature or any scheme for enabling any number of persons to make bets with one another on the like principles;
8[(iii) „race meeting‟ means a meeting held for the purpose of horse racing at a race course within the State of 9Telangana and includes a meeting held at such race course for the purpose of betting on any horse race at any other race course outside the State.]
(3) “Government” means the State Government;
10[(4) Instruments of gaming includes cards, dice, gaming tables, or clothes, boards or any other article used or intended to be used as a subject or means of gaming, any document, electronic form or record, digital form or record used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming which includes online electronic transfer of funds or transactions and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming.]
8. Inserted by Act No.6 of 1975.
9. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
10. Substituted by Act No.29 of 2017.
[Act No. 27 of 1974] 5
3. 11[(1) Any person who opens, keeps, operates, or uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable-
(i) for the first offence, with imprisonment for a term which may extend to one year and with fine which may extend to five thousand rupees; but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than three months and fine of not less than three thousand rupees;
(ii) for every subsequent offence, with imprisonment for a term which may extend to two years and with fine which may extend to ten thousand rupees; but in the absence of special reasons to be recorded in writing the punishment awarded under this clause shall be-
(a) for a second offence, imprisonment for not less than six months and fine of not less than five thousand rupees;
(b) for a third or subsequent offence, imprisonment for not less than one year and fine of not less than ten thousand rupees.]
Explanation.—For the purpose of this section, the expression “person” includes the owner, or as the case may be, the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place.
11. Substituted by Act No.29 of 2017.
Penalty.
6 [Act No. 27 of 1974]
(2) It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake.
12[3A. Where a person committing a contravention of this section or any other provisions of this Act is a company, every person who, at the time of the contravention was committed, was incharge of, and was responsible to the company, for the conduct of the business of the company as well as the company, its managing directors and other directors, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge of that he exercised all due diligence to prevent such contravention.]
13[4. Whoever is found gaming, or present for the purpose of gaming in a common gaming house shall, on conviction, be punishable with imprisonment for a term which may extend to six months or with fine which may extend to three thousand rupees, or with both.]
Explanation.—For the purpose of this section, any person found in any common gaming house during gaming therein shall be presumed to have been present there for the purpose of gaming.
12. Inserted by Act No.29 of 2017.
13. Substituted by Act No.29 of 2017.
Penalty for being found gaming in a common gaming house.
Offences by companies.
[Act No. 27 of 1974] 7 14[5. (1) Every offence under this Act are cognizable and non-bailable.
(2) Any Police Officer not below the rank of Sub- Inspector of Police has got authorityi) to enter any place and at any time with such force and with such assistance as may be found necessary;
ii) to arrest all persons found therein;
iii) to search all such persons and all parts of such place; and iv) to seize-
(a) all moneys found with such persons;
(b) all investments of gaming; and
(c) all moneys, all 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 in such place;
v) to freeze bank accounts which are used for the purpose of gaming.]
14[6. Where any instruments of gaming are found in any place entered or searched, on or about the person found therein, it shall be presumed that such place is used as a common gaming house and that the persons found therein were present there for the purpose of gaming although no
14. Substituted by Act No.29 of 2017.
Offences are cognizable and non-bailable.
Instruments of gaming found in a place entered or searched to be evidence that the place is common gaming house.
8 [Act No. 27 of 1974] gaming was actually seen by the police officer or any of his assistants.]
15[7. Nothing in the Explanation to section 4, or in section 6 shall apply to persons found in a premises or place belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, unless such persons are actually found gaming or facilitating such gaming in any manner in such premises or place.]
8. On conviction of any person for opening, keeping or using or permitting the use of a common gaming house, or gaming therein or being present for the purpose of gaming, the convicting magistrate,-
(i) may order all the instruments of gaming found therein or on or about the person found therein, to be forthwith destroyed or forfeited; and
(ii) may order-
(a) all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof with all moneys seized to be forfeited ; or
(b) any part of such proceeds, and other moneys to be paid to any person appearing to be entitled thereto.