PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: efd22efea1521822b275631a8b04d6af03ad9fd3ecb5978128ceb8ba044dab04.

THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 
1978 
(VII of 1978) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Penalty for owning or keeping or having charge of a common gaming-
house. 
4. Penalty for being found in common gaming-house. 
5. Penalty for gaming in a public place. 
5-A. Powers of police officers. 
6. Penalty for gaming in private places, etc. 
7. Enhanced punishment for subsequent offences. 
8. Power to enter and search. 
9. Presumption with respect to common gaming -house and persons 
present therein. 
10. Tender of pardon to an accomplice. 
11. Power to make rules. 
12. Omitted 
13. Ordinance to over ride other laws etc. 
14. Repeal of W.P. Ordinance No.I of 1961. 
TEXT 
1
THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 
(VII of 1978) 
[14th March, 1978] 
An 
Ordinance 
to provide for the prevention of gambling. 
Preamble.– WHEREAS it is expedient to provide for the prevention of gambling. 
 NOW, THEREFORE in pursuance of the Proclamation of the fifth day of July, 
1977, read with the Laws (Continuance in force) Order, 1977 (CMLA Order No.1 of 
1977), the Governor of the Punjab is pleased to make and promulgate the following 
Ordinance– 
1. Short title, extent and commencement. – (1) This Ordinance may be called 
the Punjab Prevention of Gambling Ordinance, 1978. 
 (2) It extends to the whole of the Province of the Punjab. 
 (3) It shall come into force on 15th day of March, 1978. 
2. Definitions.– In this Ordinance, unless there is anything repugnant in the 
subject or context– 
(a) “common gaming house” means any house, room, tent, enclosure, 
vehicle, vessel or other place whatsoever in which any instruments of 
gaming are kept or used for gaming purposes– 
(i) with the object of profit or gain of any person owning, occupying 
or keeping such house, room, tent, enclosure, vehicle, vessel or 
other place whether by way of charge for the use of such house, 
room, tent, enclosure, vehicle, vessel or place or instruments or 
otherwise howsoever; or  
(ii) with or without the object of such profit or gain, if the gaming for 
the purpose of which such instruments are so kept or used is 
gaming on any figures or numbers or dates to be subseq uently 
ascertained or di sclosed; or on the occurrence or non -
occurrence of any natural event; 
(b) “gaming” includes wagering or betting, including wager or bet made in 
respect of any horse, mare or gelding running in competition with any 
other horse, mare or gelding, or of the rider thereof; 
(c) “Government” means the Government of the Punjab; 
(d) “instruments of gaming” includes any article used or intended to be 
used as a means or appurtenance of, or of carrying on or facilitating, 
                                                           
1This Ordinance was promulgated by the Governor of the Punjab on 12th March, 1978; and was published in the Punjab 
Gazette (Extraordinary), dated 14th March, 1978, pages 221-224. 
gaming, and any documents used as a register or  record or evidence 
of any gaming; and 
(e) “prescribed” means prescribed by rules made under this Ordinance. 
3. Penalty for owning or keeping or having charge of a common gaming 
house.– (1) Whoever– 
(a) being the owner or occupier, or having the use, of an y house, room, 
tent, enclosure, vehicle, vessel or other place keeps or uses, or 
knowingly or wilfully permits the same to be occupied, kept or used by 
any other person as a common gaming-house; or 
(b) has the care or management, or in any manner assists i n conducting 
the business, of any common gaming-house; or 
(c) advances or furnishes money for the purpose of gaming with persons 
frequenting any common gaming-house, 
shall be punishable with imprisonment for a term which shall not be 
less than one month no r more than one year, or with fine which shall 
not be less than one hundred rupees nor more than one thousand 
rupees, or with both. 
 (2) In a prosecution under sub -section (1), it shall not be necessary to 
prove that the person found playing was playing for any money, wager or stake. 
4. Penalty for being found in common gaming -house.– (1) Whoever is found 
in any common gaming -house playing or gaming with cards, dice, counters, money 
or other instruments of gaming, or for the purpose of gaming, whether for a ny 
money, wager or stake or otherwise, shall be punishable with imprisonment for a 
term which may extend to one year, or with fine which may extend to five thousand 
rupees, or with both. 
 (2) Any person found in any common gaming -house during any gaming or  
playing therein shall be presumed, until the contrary be proved, to have been there 
for the purpose of gaming. 
5. Penalty for gaming in a public place. – Whoever is found gaming in any 
public place, street or thoroughfare, shall be punishable with imprisonment for a term 
which may extend to 
2
[three years], or with fine which may extend to 
3
[five thousand 
rupees], or with both. 
4
[5-A. Powers of Police Officers.– A police Officer, not below the rank of Sub -
Inspector, may– 
(a) arrest without warrant any person  committing an offence under section 
5; 
(b) search any person so as to seize instruments of gaming used for 
committing an offence under section 5; and 
                                                           
2Substituted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985). 
3Ibid. 
4Inserted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1979 (I of 1979) ; and published in the Punjab 
Gazette (Extraordinary), dated 1.1.1979, pages 4-A to 4-B, s.2. 
(c) seize and take possession of gaming moneys, securities, articles of 
value and instruments of gaming r easonably suspected to have been 
used or intended to be used for the purpose of committing an offence 
under Section 5.] 
6. Penalty for gaming in private places, etc.– Whoever is found gaming in any 
house, room, tent, enclosure, vehicle , vessel or other pla ce shall be punishable with 
imprisonment for a term which may extend to 
5
[five years], or with fine which may 
extend to 
6
[seven thousand rupees], or with both. 
7. Enhanced punishment for subsequent offences. – Whoever, having been 
convicted of any offence under this Ordinance, again commits any such offence shall 
be punishable for every such subsequent offence with imprisonment for a term which 
may extend to 
7
[seven years], or with fine which may extend to 
8
[ten thousand 
rupees], or with both. 
8. Power to en ter and search. – If a District Magistrate, Sub -Divisional 
Magistrate, Magistrate of the first Class upon information and after such inquiry as 
he thinks necessary, has reason to believe that any place is used as a common 
gaming-house o r that an offence und er section 6 is being committed at or in any 
place, he may– 
(a) enter such place at any time with such assistance as he may require 
and using such force as may be necessary; 
Provided that, if such place is in the actual occupancy of a woman who 
according to custom, does not appear in public, the officer so entering 
such place shall give notice to her that she is at liberty to withdraw and, 
after allowing reasonable time for her to withdraw and giving her 
reasonable facility for withdrawing, may enter the place; 
(b) search such place for any instruments of gaming kept or concealed 
therein, and also the person of all those who are found in that place, 
except the woman; 
(c) seize and take possession of gaming moneys and securities for money 
and articles of valu e reasonably suspected to have been used or 
intended to be used for the purpose of gaming which are found therein 
or upon any person found therein; and 
(d) take into custody all persons, except women found in that place, 
whether or not then actually gaming. 
9. Presumption with respect to common gaming -house and persons 
present therein. – When any cards, dice, gaming -tables, gaming clothes, gaming -
boards or other instruments of gaming are found in any house, room, tent, enclosure, 
vehicle, vessel or other place entered or searched under the provisions of section 8, 
or upon any person found therein, it shall be presumed, until the contrary is proved, 
                                                           
5Substituted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985). 
6Ibid. 
7Ibid. 
8Ibid. 
that such house, room, tent, enclosure, vehicle, vessel or other place is used as a 
common gaming-house and that any person found therein was there present for the 
purpose of gaming, although no play was actually seen by the officer making the 
entry or search. 
10. Tender of pardon to an accomplice. – Any person who shall have been 
concerned with any gaming contrary t o this Ordinance and who shall be examined 
as a witness before a Magistrate on the trial of any person for a breach of any of the 
provisions of this Ordinance relating to gaming and who, upon such examination, 
shall in the opinion of the Magistrate make tr ue and faithful discovery to the best of 
his knowledge of all things as to which he shall be so examined, shall thereupon 
receive from the said Magistrate a certificate in writing to this effect and shall be 
freed from all prosecutions under this Ordinance  for any thing done before that time 
in respect of such gaming. 
11. Power to make rules. – The Government may, by notification in the official 
Gazette, make rules for the purpose of carrying into effect the provisions of this 
Ordinance. 
12. 
9
[* * * * * * * * * * * *   ] 
13. Ordinance to over ride other laws, etc. – This Ordinance shall have effect 
notwithstanding anything contained in any other law for the time being in force. 
14. Repeal of W.P. Ordinance No.  I of 1961. – The Punjab Prevention of 
Gambling Ordinance, 1961, is hereby repealed. 
                                                           
9Omitted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985)