Andhra Pradesh Gaming Act, 1974

1. Short title extent and commencement.

2. Definitions.

3. Penalty for opening, etc., a common gaming house.

4. Penalty for being found gaming in a common gaming house.

5. Power to grant warrant to enter a common gaming house, etc.

6. Instruments of gaming found in a place entered or searched under Section 5 to be evidence

that the place is a common gaming house.

7. Provisions of Sections 4, 5 and 6 not to apply in certain cases.

8. Instruments of gaming, etc., found in a common gaming house may be ordered to destroyed
or forfeited.

9. Penalty for gaming or setting birds or animals to fight in a public street or place.

10. Power to arrest without warrant for gaming or setting birds or animals to fight in Public Street
or place and to seize moneys, instruments of gaming birds and animals.

11. Presumptive proof of gaming.

12. Instruments of gaming etc., found in public street or place may be ordered to be destroyed or
forfeited on conviction.

13. Identification of persons concerned who are examined as witnesses.

14. Payments of portion of ne to informants.

15. Savings of games of skill.

16. Power to make rules.

17. Repeals and Savings.

 Andhra Pradesh Gaming Act, 1974
An Act to consolidate and amend the law relating to the punishment of gaming and the keeping of
common gaming house in the State of Andhra Pradesh. Be it enacted by the Legislature of the
State of Andhra Pradesh in the Twenty-fifth Year of the Republic of India of follows:

1. Short title extent and commencement. –

(1) This Act among be called the Andhra Pradesh Gaming Act, 1974.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may, by notification in the Andhra
Pradesh Gazette, appoint.

2. Definitions. – 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 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 digests of the number used for stating the amount of
such variation; or
 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 of Prizes, in money or otherwise, is made to
depend on chance, any house, room. tent, enclosure, vehicle, vessel or
any place whatsoever in which the gaming takes place in which the
horses or other instruments of gaming, are kept or used for such gaming;
ii. in the case of any other form of gaming, any house, room, tent, enclosure,
vehicle, vessel 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 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 howsoever.

Explanation. - For the purposes of sub-clause (ii), any premises or place belonging to or
occupied by, a club, society, 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 or other association of persons
on account thereof.

(2) "gaming" means playing a game for winnings or prizes in money or otherwise and
includes playing a game of mutka or satta, and lucky board and wagering or betting,
except where such wagering or betting takes place upon a horse-race –
i. on the day on which the horse-race is to be run;
ii. in an enclosure which the stewards controlling the horse-race 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 –

a. Wagering or betting shall be deemed to comprise the collection or soliciting of

bets, the receipt or distribution of winnings or prizes in money or otherwise
 respect 0f any wager or bet, or any act which is intended to aid or facilitate
wagering or betting or such collection, soliciting, receipt or distribution;
b. "totalisator" means a totalisator in an enclosure which the stewards controlling a
horse race or 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;
c. 'race meeting' means a meeting held for the purpose of horse racing at a race
course within the State of Andhra Pradesh 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;
(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
used or intended to be used as a register or record or evidence of any gaming, the
proceeds of any gaming and any winnings or prizes in money or otherwise, distributed or
intended to be distributed in respect of any gaming.

3. Penalty for opening, etc., a common gaming house. –

(1) Any person who opens, keeps or uses or permits to be used any common gaming house
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 six months and
with fine which may extend to one 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 one month and fine of not less than five hundred
rupees;

(ii) for every subsequent offence, with imprisonment for a term which may extend to one
year and with fine which may extend to two 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 three months and fine of
not less than one thousand rupees;
(b) for a third or subsequent offence, imprisonment for not less than six months
and fine of not less than one 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.

(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.

4. Penalty for being found gaming in a common gaming house. - 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 one month or with fine which may
extend to five hundred 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.

5. Power to grant warrant to enter a common gaming house, etc. –

(1) If any salaried judicial or executive magistrate, or any police officer not below the rank of an
Assistant Commissioner of Police within the areas under the jurisdiction of the Commissioner of
Police, Hyderabad and a Deputy Superintendent of Police elsewhere, has reason to believe that
any place is used as a common gaming house, he may by his warrant give authority to any police
officer not below the rank of a Sub Inspector, -

(i) to enter with such assistance as may be found necessary at any time and by force, if
necessary any such place;
 (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)
(b) all instruments of gaming; and (c)
(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.

(2) Any police officer having the power to issue a warrant under sub-section (1) may, instead of
doing so, himself exercise all or any of the powers exercisable under such warrant.

6. Instruments of gaming found in a place entered or searched under Section 5 to be

evidence that the place is a common gaming house. - Where any instruments of gaming
are found in any place entered or searched under the provisions of Section 5, 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
gaming was actually seen by the police officer or any of his assistants.

7. Provisions of Sections 4, 5 and 6 not to apply in certain cases. - Nothing in the

Explanation of Section 4, or in Clause (ii) of sub-section (1) of Section 5 or in Section 6 shall
apply to persons found in a premises or place belonging to or occupied by a club, society or other
association of persons, whether incorporated or not, unless such persons are actually found
gaming in such premises or place.

8. Instruments of gaming, etc., found in a common gaming house may be ordered to

destroyed or forfeited. - 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
(b) any part of such proceeds, and other moneys to be paid to any person appearing to be
entitled thereto.

9. Penalty for gaming or setting birds or animals to fight in a public street or place. –

(1) Whoever is found gaming or reasonably suspected to be gaming in any public 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 three months or with fine which may
extend to three hundred rupees or with both.

(2) Whoever is found setting any birds or animals to fight or is reasonably suspected to be aiding
or abetting such fighting of birds or animals in any public 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 one month or with fine which may extend to fifty rupees or with both.

10. Power to arrest without warrant for gaming or setting birds or animals to fight in
public street or place and to seize moneys, instruments of gaming birds and animals.
–

(1) Any police officer may arrest and search without warrant any person referred to in Section 9.

(2) Any such police officer may seize all moneys, all instruments of gaming and all things
reasonably suspected to be instruments of gaming found in the public street, thoroughfare or
place or found with the persons arrested by him and all birds or animals found with the persons
arrested by him or are reasonably suspected to have been kept for being set to fight in the public
street, thoroughfare or place.

11. Presumptive proof of gaming. - When anything is seized under sub-section (2) of Section
10 and if the magistrate is satisfied that the police officer who seized it has reasonable grounds
for suspecting that the thing so seized was an instrument of gaming, it shall be presumed that
such thing was an instrument of gaming and that the person on or about whom the thing was
found was present in the public street, thoroughfare or place for the purpose of gaming.
12. Instruments of gaming etc., found in public street or place may be ordered to be
destroyed or forfeited on conviction. - On conviction of any person under Section 9, the
convicting magistrate may order that –

(i) all the instruments of gaming seized, shall forthwith be destroyed or forfeited;

(ii) all birds or animals seized, shall be sold and the proceeds thereof with all the moneys seized
shall be forfeited.

13. Indemnification of persons concerned who are examined as witnesses. - Any

person who is concerned in gaming contrary to the provisions of this Act, and who is examined as
a witness before a magistrate on the trial of any person for a breach of any of the provisions of
this Act and who upon such examination, makes true and faithful discovery to the best of his
knowledge of all things as to which he is so examined, shall thereupon receive from the said
magistrate a certificate in writing to that effect and shall be freed from any prosecution under this
Act for anything previously done in respect of that particular gaming.

14. Payments of portion of fine to informants. –

(1) The convicting magistrate may direct any portion, not exceeding one half, of any fine which is
imposed under Section 3, Section 4 or Section 9 and of the moneys or the proceeds of articles
seized and ordered to be forfeited under Section 8 or Section 12 to be paid to such informants as
may have assisted in the detection of the offenders.

(2) A direction under sub-section (1) may also be made by any Court of appeal, reference or
revision.

(3) Where a direction is made under sub-section (1) or sub-section (2) the Magistrate or Court
concerned shall send the amount to be paid under sub-section (1) or sub-section (2), as the
case may be, in the area within the jurisdiction of the Commissioner of Police, Hyderabad to the
said Commissioner and elsewhere to the Superintendent of Police, who shall distribute it among
such of the informants aforesaid as may be chosen by him in such proportion as he thinks fit.

(4) The amount to be paid as aforesaid shall not be sent to the Commissioner of Police or the
Superintendent of Police until the expiration of three months from the date of the direction under
subsection (1) or if an appeal, reference or revision is made within the period, until the same is
disposed of.
15. Savings of games of skill. - Nothing in this Act shall apply to games of skill only wherever
played.

16. Power to make rules. –

(1) The Government may, by notification in the Andhra Pradesh Gazette make rules for carrying
out all or any of the purposes of this Act.

(2) Every rule made under this section shall immediately after it is made, be laid before each
House of the State Legislature 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 both Houses agree in making any modification in the rule or in
the annulment of the rule, the rules shall, from the date on which the modification or annulment is
notified 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.

17. Repeals and Savings. - The Andhra Pradesh (Andhra Area) Gaming Act, 1930, and the
Andhra Pradesh (Telangana Area) Gambling Act, 1950 are hereby repealed:

Provided that such repeal shall not affect the previous operation of the said acts and subject
thereto, anything done or any action taken in the exercise of any powers conferred by or under
the Acts so repealed shall be deemed to have been done or taken in the exercise of the powers
conferred by or under this Act as if this Act were in force on the date on which such thing was
done or action was taken.