The Andaman and Nicobar Islands Public Gambling Regulation 1951

(1) This Regulation may be called the Andaman and Nicobar Islands Public Gambling Regulation, 1951. (2) It extends to the whole of the Andaman and Nicobar Islands. (3) It shall come into force at once.

In this Regulation, unless the context otherwise requires,— (1) "common gaming-house" means any house, room, tent, enclosure, vessel or other place whatsoever, in which (a) any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such place, whether by way of charge for the use of the place or of the instruments of gaming or otherwise howsoever; or (b) the sale of the well-known Burma game of 'toor' or any other game of a like nature or China game or any other game of a like nature is carried on; (2) "gaming" includes wagering or betting on any act or event of public or private interests for wagering or betting money or for receiving moneys as an agency to the settlement of such wagers or bets or for holding stakes of such wagers or bets or for the purpose of a prize, fight, game, sport or any other event or for any other purpose and includes the agency or the results of such bets; (3) "gaming" or "playing" with their grammatical variations unless the context otherwise requires include taking part in the game of 'toor' or in any other game or pretended game of a like nature but do not include: (a) the promoting, managing or conducting of the game of 'toor' or any other game of a like nature; (b) the game of 'toor' or any other game or pretended game of a like nature; (c) the selling of gaming cloth or cards, dice, counters or other instruments of gaming or other things for the purpose of gaming or for the use of the place or the owner/occupier/manager/stakeholder of the gaming house even if he is acting as an agency or stakeholder; (4) "District Superintendent of Police" includes assistant superintendent of police, or other person appointed by general or special order by the Chief Commissioner, to exercise the powers and to perform the duties of a District Superintendent of Police under this Regulation in any area; (5) "instruments of gaming" includes any gaming cloth, gaming boards or other instruments devised or intended to be used for the purpose of gaming or for any other game or pretended game of a like nature and any boxes, receptacles, lists of entries, players or bets or other papers used for the purpose of gaming; (6) "place" includes a house, room, tent, enclosure, vessel, space, desk, or any other location;

Whoever being the owner or occupier of or having the use of any place, keeps or uses the same as a common gaming-house; or whoever permits the same to be opened, occupied, used or kept by any other person as a common gaming-house; or who has the care or management of or in any manner assists in conducting the business of any place as a common gaming-house; or who advances or furnishes money for the purpose of gaming with persons frequenting any common gaming-house, shall be liable: (a) for a first offence to a fine not exceeding Rs. 500 or to imprisonment for a term not exceeding three months; (b) for a subsequent offence to a fine not exceeding Rs. 1,000 or to a term of imprisonment not exceeding six months.

Whoever is found in any common gaming-house, whether or not actually gaming, shall be liable: (a) for a first offence, to a fine not exceeding Rs. 200 or to imprisonment for a term not exceeding one month; (b) for any subsequent offence, to a fine not exceeding Rs. 500 or to imprisonment for a term not exceeding six months.

Whoever, in any street, thoroughfare or place to which the public have access: (a) plays for money or other valuable thing with any instrument of gaming; or (b) sets any birds or animals to fight; or (c) in any local area to which the Chief Commissioner may, by notification in the official gazette, apply this clause, in any manner invites or encourages any person to wager or bet on any fight, game or exercise, shall be liable to a fine not exceeding Rs. 50, or imprisonment for a term not exceeding one month.

Whoever (a) conducts or assists in conducting the game of 'toor' or any other game or pretended game of a like nature acting as manager or stakeholder; or (b) in accordance with the rules of the game or pretended game, is entitled to receive the surplus proceeds or any part of the surplus proceeds or the stake after deducting the amount payable to the successful player or players; or (c) promotes the game or pretended game by soliciting or collecting stakes or otherwise, shall be liable to imprisonment for a term which may extend to six months, or with fine, or with both.

(1) Any police officer may arrest without warrant any person who in any street or thoroughfare or place to which the public have access and within the view of such police officer: (a) solicits or collects stakes for the game of 'toor' or any other game or pretended game of a like nature; or (b) plays for money or other valuable thing with any instrument of gaming; or (c) sets birds or animals to fight; or (d) is found in such place; or (e) commits an offence punishable under clause (c) of section 5 and abets such public fighting of birds or animals or being there present. (2) Any instrument of gaming or any other thing which under the provisions of section 7 may be seized in a street, thoroughfare or place or on the persons of those who are arrested under sub-section (1).

(1) If the District Superintendent of Police (includes Assistant Superintendent of Police or other officer of the Police not below the rank of sub-inspector or any other officer authorized by the Chief Commissioner in this behalf, or on information and after such inquiry as he may think necessary, has reason to believe that any place is used as a common gaming house, he may either himself or by warrant authorise any police officer not below the rank of sub-inspector: (a) To enter, with the assistance of such persons as may be found necessary, by force if necessary, any such place; (b) To take into custody all persons whom he finds therein, whether or not actually gaming; (c) To seize all moneys and articles of value reasonably suspected to have been used for the purpose of gaming or intended to be used for the purpose of gaming; (d) To search all parts of such place which he has entered and to seize all instruments of gaming which are found therein; (2) Searches under sub-section (1) shall be made in accordance with the provisions of section 102 and section 103 of the Code of Criminal Procedure. (3) Any police officer who has entered, under sub-section (1), any place, shall, after the completion of such search, without undue delay, submit a report to a magistrate to whom he is directed by sub-section 1 of section 102 of the code, in which he shall record all the particulars of the case including the name of the person arrested and the article seized.

A Magistrate or any police officer not below the rank of Officer in charge of a police station being duly empowered by a warrant issued by either of such officer, may by day or night, enter and search with such assistance as may be necessary any place which is reasonably believed to be used as a betting office and seize all slips, coupons, registers or other documents both mentioned and used, or intended to be used or reasonably suspected to be used as a record or evidence of any betting or wager upon any fight, game or exercise. (2) All searches under sub-section (1) shall be made in accordance with the provisions of section 102 and of section 103 of the Code. (3) No warrant issued under sub-section (1) shall be executed after the expiry of seven days from the date thereof. (4) When any place is entered under sub-section (1) by any police officer other than the District Superintendent of Police, he shall immediately after the completion of search, submit a report thereof to the District Magistrate or if the warrant was issued by the District Superintendent of Police to such officer.

When any instrument of gaming is found in any place entered under the provisions of this Regulation or about the persons of any of those who are found therein, it shall be presumed until the contrary is proved, that such 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 one aiding in the entry.

(1) It shall be lawful for the magistrate, before whom any person is accused of an offence under section 3 or section 4 or section 5, with a view to obtaining on the trial the evidence of the person touching any unlawful gaming, or touching anything done with reference to, or in furtherance of, any unlawful gaming or touching any act done for the purpose of preventing, obstructing or delaying the entry into any place of any magistrate or police officer authorised to make such entry, to tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence. (2) The provisions of Sections 337, 338 and 339A of the Code shall apply to any person to whom a pardon has been tendered under sub-section (1) as they apply to any person to whom a pardon has been tendered under those provisions.

On the conviction of any person for an offence committed under this Regulation, the convicting magistrate may order any instruments of gaming seized to be destroyed and may also order any other money seized to be forfeited to the Government or if he thinks fit, the magistrate may order any of such articles and the whole or any part of the moneys to be returned to the person appearing to have been severally thereunto entitled.

Any portion of any fine which may be under this Regulation to be paid to any person who has contributed in any way to the conviction, [no further text provided in source].

Whenever a district magistrate or any magistrate of the first class specially empowered in this behalf by the Chief Commissioner, receives information that any person living in the local limits of his jurisdiction earns his livelihood by or in part by promoting or assisting the promoting of, or by gaming, he may deal with such person as nearly as may be as if the information received about him were of the description mentioned in section 110 of the Code and for the purpose of any proceeding under that section the fact that a person earns his livelihood as aforesaid may be proved by evidence of general repute or otherwise.