The Andhra Pradesh Gaming (Amendment) Act, 2020

Short title and commencement:

1. (1) This Act may be called the Andhra Pradesh Gaming (Amendment) Act, 2020.
2. (2) It shall come into force at once.

Amendment of Section 2

2. In the Andhra Pradesh Gaming Act, 1974 (hereinafter referred to as the principal Act), in section 2:

1. (a) for clause (1), the following shall be substituted, namely:— “(1) ‘Common gaming house’ means any house, room, tent, enclosure, vehicle, vessel, or any place whatsoever in which cards, dice, tables or other 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 or place, whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel or place or instruments of gaming or otherwise, and includes any place, whether closed or open, or any mobile app, process, operation or technique of communication, by whatever name called, used for the purpose of gaming;”;
2. (b) for clause (2), the following shall be substituted, namely:— “(2) ‘Gaming’ includes betting or wagering, or any act of risking money, or otherwise on the unknown result of an event including on a game of skill, but does not include a lottery;”;
3. (c) after clause (2), the following clause shall be inserted, namely:— “(2-a) ‘Game of skill’ shall not include any activity/game involving betting or wagering;”

Amendment of Section 3: In the Principal Act, in section 3, after clause (1), the following clause shall be inserted, namely:- (1-a) "Computer resource" shall have the meaning assigned to it in clause

1. (k) of sub-section

1. (1) of section 2 of the Information Technology Act, 2000 (Central Act No. 21 of 2000);

Amendment to section 4: In the Principal Act, in section 4, for the existing section, the following shall be substituted, namely:- "4. Penalty for opening, keeping, using etc., of a common gaming house:

1. (1) Any person who opens, keeps, sets up, or otherwise permits to be used a common gaming house, or assists in conducting the business of any common gaming house or advances or furnishes money for the purpose of gaming, with or without the use of any electronic means and virtual currency, is punishable with imprisonment for a term which may extend to one year and with fine which may extend to five thousand rupees:
2. (2) Any person who is found gaming or present for the purpose of gaming in a common gaming house, with or without the use of any electronic means and virtual currency, is punishable with imprisonment for a term which may extend to six months and with fine which may extend to two thousand rupees: Provided that, any person found in any common gaming house during any gaming or playing therein, shall be presumed, until the contrary is proved, to have been there for the purpose of gaming."

Amendment of Section 5.

Amendment of Section 6 Amendment of Section 6.

Amendment of Section 7 Amendment of Section 7 In the principal Act, for Section 7, the following shall be substituted, namely:— "7. Penalty for being found gaming in a common gaming house.— Whoever is found gaming in a common gaming house shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both."

Amendment of Section 8 In the principal Act, for Section 8, the following shall be substituted, namely:— "8. Penalty for being found gaming in any public place, etc.— Whoever is found gaming in any public place, or in any street, or thoroughfare, or in any place to which the public have or are permitted to have access, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both; and any instrument of gaming found in such public place, street, thoroughfare or place shall be forfeited."

Amendment of Section 9 In the principal Act, in section 9, for the words "one year", the words "two years" shall be substituted.

Amendment of Section 10 In the principal Act, in section 10, for the words "one year", the words "two years" shall be substituted.

Amendment of Section 12:

Amendment of Section 13 Amendment of Section 13: In the principal Act, in section 13, for the words "one hundred rupees", appearing in two places, the words "five thousand rupees" shall be substituted.

Amendment of Section 14.

Insertion of Section 15A Insertion of Section 15A. In the principal Act, after section 15, the following section shall be inserted, namely:- "15A. Power to make rules:

1. (1) The Government may, by notification, make rules to carry out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall immediately after it is made, be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment have effect only in such modified form or shall stand annulled as the case may be so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."