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  "title": "PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978",
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  "text": "THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, \r\n1978 \r\n(VII of 1978) \r\nCONTENTS \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\n3. Penalty for owning or keeping or having charge of a common gaming-\r\nhouse. \r\n4. Penalty for being found in common gaming-house. \r\n5. Penalty for gaming in a public place. \r\n5-A. Powers of police officers. \r\n6. Penalty for gaming in private places, etc. \r\n7. Enhanced punishment for subsequent offences. \r\n8. Power to enter and search. \r\n9. Presumption with respect to common gaming -house and persons \r\npresent therein. \r\n10. Tender of pardon to an accomplice. \r\n11. Power to make rules. \r\n12. Omitted \r\n13. Ordinance to over ride other laws etc. \r\n14. Repeal of W.P. Ordinance No.I of 1961. \r\nTEXT \r\n1\r\nTHE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978 \r\n(VII of 1978) \r\n[14th March, 1978] \r\nAn \r\nOrdinance \r\nto provide for the prevention of gambling. \r\nPreamble.– WHEREAS it is expedient to provide for the prevention of gambling. \r\n NOW, THEREFORE in pursuance of the Proclamation of the fifth day of July, \r\n1977, read with the Laws (Continuance in force) Order, 1977 (CMLA Order No.1 of \r\n1977), the Governor of the Punjab is pleased to make and promulgate the following \r\nOrdinance– \r\n1. Short title, extent and commencement. – (1) This Ordinance may be called \r\nthe Punjab Prevention of Gambling Ordinance, 1978. \r\n (2) It extends to the whole of the Province of the Punjab. \r\n (3) It shall come into force on 15th day of March, 1978. \r\n2. Definitions.– In this Ordinance, unless there is anything repugnant in the \r\nsubject or context– \r\n(a) “common gaming house” means any house, room, tent, enclosure, \r\nvehicle, vessel or other place whatsoever in which any instruments of \r\ngaming are kept or used for gaming purposes– \r\n(i) with the object of profit or gain of any person owning, occupying \r\nor keeping such house, room, tent, enclosure, vehicle, vessel or \r\nother place whether by way of charge for the use of such house, \r\nroom, tent, enclosure, vehicle, vessel or place or instruments or \r\notherwise howsoever; or  \r\n(ii) with or without the object of such profit or gain, if the gaming for \r\nthe purpose of which such instruments are so kept or used is \r\ngaming on any figures or numbers or dates to be subseq uently \r\nascertained or di sclosed; or on the occurrence or non -\r\noccurrence of any natural event; \r\n(b) “gaming” includes wagering or betting, including wager or bet made in \r\nrespect of any horse, mare or gelding running in competition with any \r\nother horse, mare or gelding, or of the rider thereof; \r\n(c) “Government” means the Government of the Punjab; \r\n(d) “instruments of gaming” includes any article used or intended to be \r\nused as a means or appurtenance of, or of carrying on or facilitating, \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of the Punjab on 12th March, 1978; and was published in the Punjab \r\nGazette (Extraordinary), dated 14th March, 1978, pages 221-224. \r\ngaming, and any documents used as a register or  record or evidence \r\nof any gaming; and \r\n(e) “prescribed” means prescribed by rules made under this Ordinance. \r\n3. Penalty for owning or keeping or having charge of a common gaming \r\nhouse.– (1) Whoever– \r\n(a) being the owner or occupier, or having the use, of an y house, room, \r\ntent, enclosure, vehicle, vessel or other place keeps or uses, or \r\nknowingly or wilfully permits the same to be occupied, kept or used by \r\nany other person as a common gaming-house; or \r\n(b) has the care or management, or in any manner assists i n conducting \r\nthe business, of any common gaming-house; or \r\n(c) advances or furnishes money for the purpose of gaming with persons \r\nfrequenting any common gaming-house, \r\nshall be punishable with imprisonment for a term which shall not be \r\nless than one month no r more than one year, or with fine which shall \r\nnot be less than one hundred rupees nor more than one thousand \r\nrupees, or with both. \r\n (2) In a prosecution under sub -section (1), it shall not be necessary to \r\nprove that the person found playing was playing for any money, wager or stake. \r\n4. Penalty for being found in common gaming -house.– (1) Whoever is found \r\nin any common gaming -house playing or gaming with cards, dice, counters, money \r\nor other instruments of gaming, or for the purpose of gaming, whether for a ny \r\nmoney, wager or stake or otherwise, shall be punishable with imprisonment for a \r\nterm which may extend to one year, or with fine which may extend to five thousand \r\nrupees, or with both. \r\n (2) Any person found in any common gaming -house during any gaming or  \r\nplaying therein shall be presumed, until the contrary be proved, to have been there \r\nfor the purpose of gaming. \r\n5. Penalty for gaming in a public place. – Whoever is found gaming in any \r\npublic place, street or thoroughfare, shall be punishable with imprisonment for a term \r\nwhich may extend to \r\n2\r\n[three years], or with fine which may extend to \r\n3\r\n[five thousand \r\nrupees], or with both. \r\n4\r\n[5-A. Powers of Police Officers.– A police Officer, not below the rank of Sub -\r\nInspector, may– \r\n(a) arrest without warrant any person  committing an offence under section \r\n5; \r\n(b) search any person so as to seize instruments of gaming used for \r\ncommitting an offence under section 5; and \r\n                                                           \r\n2Substituted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985). \r\n3Ibid. \r\n4Inserted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1979 (I of 1979) ; and published in the Punjab \r\nGazette (Extraordinary), dated 1.1.1979, pages 4-A to 4-B, s.2. \r\n(c) seize and take possession of gaming moneys, securities, articles of \r\nvalue and instruments of gaming r easonably suspected to have been \r\nused or intended to be used for the purpose of committing an offence \r\nunder Section 5.] \r\n6. Penalty for gaming in private places, etc.– Whoever is found gaming in any \r\nhouse, room, tent, enclosure, vehicle , vessel or other pla ce shall be punishable with \r\nimprisonment for a term which may extend to \r\n5\r\n[five years], or with fine which may \r\nextend to \r\n6\r\n[seven thousand rupees], or with both. \r\n7. Enhanced punishment for subsequent offences. – Whoever, having been \r\nconvicted of any offence under this Ordinance, again commits any such offence shall \r\nbe punishable for every such subsequent offence with imprisonment for a term which \r\nmay extend to \r\n7\r\n[seven years], or with fine which may extend to \r\n8\r\n[ten thousand \r\nrupees], or with both. \r\n8. Power to en ter and search. – If a District Magistrate, Sub -Divisional \r\nMagistrate, Magistrate of the first Class upon information and after such inquiry as \r\nhe thinks necessary, has reason to believe that any place is used as a common \r\ngaming-house o r that an offence und er section 6 is being committed at or in any \r\nplace, he may– \r\n(a) enter such place at any time with such assistance as he may require \r\nand using such force as may be necessary; \r\nProvided that, if such place is in the actual occupancy of a woman who \r\naccording to custom, does not appear in public, the officer so entering \r\nsuch place shall give notice to her that she is at liberty to withdraw and, \r\nafter allowing reasonable time for her to withdraw and giving her \r\nreasonable facility for withdrawing, may enter the place; \r\n(b) search such place for any instruments of gaming kept or concealed \r\ntherein, and also the person of all those who are found in that place, \r\nexcept the woman; \r\n(c) seize and take possession of gaming moneys and securities for money \r\nand articles of valu e reasonably suspected to have been used or \r\nintended to be used for the purpose of gaming which are found therein \r\nor upon any person found therein; and \r\n(d) take into custody all persons, except women found in that place, \r\nwhether or not then actually gaming. \r\n9. Presumption with respect to common gaming -house and persons \r\npresent therein. – When any cards, dice, gaming -tables, gaming clothes, gaming -\r\nboards or other instruments of gaming are found in any house, room, tent, enclosure, \r\nvehicle, vessel or other place entered or searched under the provisions of section 8, \r\nor upon any person found therein, it shall be presumed, until the contrary is proved, \r\n                                                           \r\n5Substituted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985). \r\n6Ibid. \r\n7Ibid. \r\n8Ibid. \r\nthat such house, room, tent, enclosure, vehicle, vessel or other place is used as a \r\ncommon gaming-house and that any person found therein was there present for the \r\npurpose of gaming, although no play was actually seen by the officer making the \r\nentry or search. \r\n10. Tender of pardon to an accomplice. – Any person who shall have been \r\nconcerned with any gaming contrary t o this Ordinance and who shall be examined \r\nas a witness before a Magistrate on the trial of any person for a breach of any of the \r\nprovisions of this Ordinance relating to gaming and who, upon such examination, \r\nshall in the opinion of the Magistrate make tr ue and faithful discovery to the best of \r\nhis knowledge of all things as to which he shall be so examined, shall thereupon \r\nreceive from the said Magistrate a certificate in writing to this effect and shall be \r\nfreed from all prosecutions under this Ordinance  for any thing done before that time \r\nin respect of such gaming. \r\n11. Power to make rules. – The Government may, by notification in the official \r\nGazette, make rules for the purpose of carrying into effect the provisions of this \r\nOrdinance. \r\n12. \r\n9\r\n[* * * * * * * * * * * *   ] \r\n13. Ordinance to over ride other laws, etc. – This Ordinance shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force. \r\n14. Repeal of W.P. Ordinance No.  I of 1961. – The Punjab Prevention of \r\nGambling Ordinance, 1961, is hereby repealed. \r\n                                                           \r\n9Omitted by the Punjab Prevention of Gambling (Amendment) Ordinance, 1985 (III of 1985)",
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