The Uttarakhand Prevention of Public Gambling Act, 2026

(1) This Act may be called the Uttarakhand Prevention of Public Gambling Act, 2026. (2) It shall extend to the whole of the State of Uttarakhand. (3) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoints.

(1) In this Act, unless the context otherwise requires, (a) "bet" means any agreement, whether oral, written or otherwise between two or more parties concerning the occurrence or non-occurrence of an event, whether in the past, present or future, whose outcome is unknown to any or all of the parties at the time of agreement and the party making an incorrect prediction regarding the event's outcome shall be obligated to pay or forfeit a stipulated consideration to the other party or parties involved, which may be monetary or non-monetary; (b) "betting" means an act of placing bet; (c) "common gambling house" means any house, walled enclosure, room or place in which cards, dice, tables or other instruments of gambling are kept or used for the benefit or profit of the owner, occupier, user or keeper of such house, enclosure, room or place, whether by way of a fee for the use of the instruments of gambling or a fee for the house, enclosure, room or place or otherwise; (d) "gambling" means an act of betting or gaming or both; (e) "gambling syndicate" means a group of persons or organisations who frequently meet or act in furtherance of a common intention of organising, managing or conducting gambling activities for a common financial interest or object; (f) "gaming" means playing any game using instrument of gambling where any or all of the parties losing the game, shall pay or forfeit some consideration, monetary or non-monetary, in favour of any of the parties winning the game; (g) "public place" means any place intended for use by or accessible to the public and it includes any public conveyance; (h) "Sanhita" means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023); (i) "State Government" means the Government of the State of Uttarakhand. (2) Words and expressions used but not defined in this Act shall have the same meaning assigned to them in the Sanhita and the Information Technology Act, 2000 (Act No. 21 of 2000).

(1) Any Executive Magistrate or Gazetted Police Officer having jurisdiction, shall on receipt of credible information or after making such inquiry as he may deem necessary, have the power to authorise any police officer not below the rank of Assistant Sub-Inspector to enter any place and search all such persons found therein, whether engaged in gambling or not at that time. (2) Such authorised police officer may arrest any person from such a place without warrant and also seize all materials and money etc. found there and being used for the purpose of gambling.

Any police officer not below the rank of Assistant Sub-Inspector may arrest without warrant any person found playing with cards or dice or counters or other instruments used for gaming for money or other valuable thing on any public road, place or street situated within the aforesaid limits.

Whoever is found playing with cards or dice or counters or other instruments used for gaming for money or other valuable thing in any public road, place, street or any other place situated within the limits aforesaid, shall be punished with simple imprisonment for a term not exceeding three months or with fine not exceeding five thousand rupees.

Whoever indulges in gambling in a common gambling house or found therein, shall be punished with rigorous imprisonment which may extend to two years or with fine upto ten thousand rupees or with both. Explanation:- Where in trial of an offence punishable under this section, it is proved that any person was present in a common gambling house, it shall be presumed, unless the contrary is proved, that he was present there for the purpose of gambling and shall be punished accordingly.

Whoever, being the owner, occupier or keeper of a common gambling house or who indulges in financing, directly or indirectly for the operation of a common gambling house, shall be punished with such imprisonment which may extend to five years and shall also be liable to fine upto one lakh rupees.

Whoever, having been convicted of any offence punishable under this Act, shall again be guilty of any offence punishable under this Act shall, for every such subsequent offence liable to be punished with double the amount of punishment to which he would have been liable for the first commission of an offence of the same description.

(1) Offences punishable under this Act shall be triable by Magistrate having jurisdiction in the place where the offence is committed. (2) All offences under this Act shall be cognizable.

(1) Whoever is found indulging in gambling or any other offence under this Act and on being required to do so by a police officer refuses or neglects to reveal his identity or gives false identity or cheats by pretending to be some other person shall be punished with rigorous imprisonment for a term upto three years or fine of ten thousand rupees or with both. (2) Whoever has been previously convicted of an offence punishable under sub-section (1) and is subsequently found guilty of an offence punishable under said sub-section, shall, for the second or subsequent offence, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than twenty thousand rupees.

(1) Whenever any instrument of gambling is found in any place, it shall be presumed that such instrument being used for gambling, and shall be taken as a evidence of the fact that such place, including house, enclosure, room, vehicle, ship, was and is being used for gambling by an organised gambling syndicate in contravention to this Act, and that the person owing, or operating, or having charge thereof is a member of such organised gambling syndicate, unless the contrary is proved. (2) Whoever is a member of a gambling syndicate under sub-section (1) then he shall be liable to rigorous imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees.

Any instrument of gambling or any other property seized during investigation under this Act, shall be disposed of as per the provisions of chapter XXXVI of the Sanhita.

Any property derived or obtained, directly or indirectly, from the commission of any offence under this Act, shall be liable to be attached, forfeited or restored as per the provisions provided under section 107 of the Sanhita.

All fines imposed under this Act shall be recovered as per the provisions under section 461 of the Sanhita.

No suit, prosecution or legal proceeding shall lie before any Court or Authority against any public servant for anything done or intended to be done in good faith in discharge of his duty in pursuance of the provisions of this Act.

The State Government may, by notification in the Official Gazette, exempt any activities, fair and market from the application of the provisions of this Act.

(1) The State Government may, by notification in the Official Gazette, make rules and issue executive orders for carrying out the purposes of this Act. (2) Every rule made by a State Government under this Act shall be laid, as soon as may be, after it is made before the State Legislative Assembly.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing such difficulty: Provided that no order under this section shall be made after the expiry of two years from the date of commencement of this Act. (2) Every order made under this section, shall be laid, as soon as may be, after it is made, before the State Legislative Assembly.

(1) The Public Gambling Act, 1867 (Act No. 3 of 1867), in its application to the State of Uttarakhand is hereby repealed. (2) Notwithstanding any such repeal, anything done or any action taken or purported to have been done or taken under or in pursuance of this Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.