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  "title": "PREVENTION OF GAMBLING ACT, 1977",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ADVVZldhVGI-",
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  "text": "THE PREVENTION OF GAMBLING ACT, 1977 \r\n(XXVIII of 1977) \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\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. Saving \r\n12. Act to override other laws, etc \r\nTEXT \r\nTHE PREVENTION OF GAMBLING ACT, 1977 \r\n(XXVIII of 1977) \r\n[25th May, 1977] \r\nAn \r\nAct \r\nto provide for the prevention of gambling \r\n Whereas it is expedient to provide for the prevention of gambling; \r\n And Whereas the Proclamation of Emergency referred to in Article 280 of the \r\nConstitution of the Islamic Republic of Pakistan is in force; \r\n It is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPrevention of Gambling Act, 1977. \r\n(2) It extends to the whole of Pakistan. \r\n(3) It shall come into force at once.  \r\n2. Definitions.– In this Act, unless there is anything repug nant in the subject or \r\ncontext,– \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 a view of profit or gain of any person owning, occupying or \r\nkeeping such house, room, tent, enclosure, vehicle, vessel or \r\nother place, whether by way of charge for the use of such \r\nhouse, room tent, enclosure, vehicle, vessel or place or \r\ninstruments or otherwise howsoever; or \r\n(ii) with or without a view of such profit or gain, if the gaming for the \r\npurpose of which such instruments are so kept or used is \r\ngaming on any figures or numbers or dates to be subsequently \r\nascertained or disclosed, or on  the occurrence or non -\r\noccurrence of any natural event; \r\n(b) “gaming” includes wagering or betting, including a wager or bet made \r\nin respect of any horse, mare or gelding running in competition with \r\nany other horse, mare or gelding, or of the rider thereof; \r\n(c) “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\ngaming, and any documents used as a register or record or evidence \r\nof any gaming; and \r\n(d) “prescribed” means prescribed by rules made under this Act.  \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 any house, room \r\ntent, enclosure, vehicle, vessel or other place, keeps o r uses, or \r\nknowingly or willfully 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 in 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, shall be punishable with \r\nimprisonment for a term which shall not be less than one month nor \r\nmore than one year, or with fine which shall not be less than one \r\nhundred rupees nor more than one thousand rupees, 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 ga ming-house.– (1) Whoever is found \r\nin any common gaming-house playing or gaming with cards dice, counters, money or \r\nother instruments of gaming, or for the purpose of gaming, whether for any money, \r\nwager or stake or otherwise, shall be punishable with impri sonment for a term which \r\nmay extend to one year, or with fine which may extend to five thousand rupees, or \r\nwith 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 h ave 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 one year, or with fine which may extend to five hundred rupees, \r\nor with both. \r\n6. Penalty for gaming in private places, etc.– Whoever is found gaming in any \r\nhouse, room, tent, enclosure, vehicle, vessel or other place shall be punishable with \r\nimprisonment for a term which may extend to two years, or with fine which may \r\nextend to one thousand rupees, or with both. \r\n7. Enhanced punishment for subsequent offences .– Whoever, having been \r\nconvicted of any offence under this Act, again commits any such offence shall be \r\npunishable for every such subs equent offence with imprisonment for a term which \r\nmay extend to three years, or with fine which may extend to two thousand rupees, or \r\nwith both. \r\n8. Power to enter and search .– If a District Magistrate, Sub -divisional \r\nMagistrate, Magistrate of the first class upon information and after such inquiry as he \r\nthinks necessary, has reason to believe that any place is used as a common \r\ngaming-house, or that an offence under section 6 is being committed  at or in any \r\nplace, he may– \r\n(a) enter such place at any time wit h such assistance as he may require \r\nand using such force as may be necessary:– \r\n Provided 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 such place \r\nshall give notice to her that she is at liberty to withdraw and, after allowing \r\nreasonable time for her to withdraw and giving her reasonable facility for \r\nwithdrawing, 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 women; \r\n(c) seize and take possession of gaming moneys and securities for money \r\nand articles of value reasonably suspected to have been used or \r\nintended to be used for the purpose of gaming whi ch 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, i t shall be presumed, until the contrary is proved, \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 a ctually 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 to this Act and who shall be examined as a \r\nwitness before a Magistrate on the trial of any pe rson for a breach of any of the \r\nprovisions of this Act relating to gaming and who, upon such examination, shall in \r\nthe opinion of the Magistrate make true and faithful discovery to the best of his \r\nknowledge of all things as to which he shall be so examined , shall thereupon receive \r\nfrom the said Magistrate a certificate in writing to this effect and shall be freed from \r\nall prosecutions under this Act for anything done before that time in respect of such \r\ngaming. \r\n1\r\n11. Saving.– Nothing in this Act shall apply t o games played in a Tourist complex \r\nwhich is established and maintained under, and in accordance with the terms of, a \r\nlicense granted by the Provincial Government and to which only foreigners are \r\nadmitted.  \r\n12. Act to override other laws, etc .– (1) This Ac t shall have effect \r\nnotwithstanding anything contained in any other law for the time being in force.  \r\n(2) The following enactments are hereby repealed, namely:– \r\n(a) The Baluchistan Prevention of Gambling Ordinance, 1961, \r\n                                                 \r\n1Section 11 omitted by Act XIII of 1987 for Islamabad Capital Territory PLD1988. \r\n(b) The West Pakistan Prevention of Gambling Ordinance, 1961, \r\n(c) The Punjab Prevention of Gambling Ordinance, 1961; \r\n(d) The Sindh Prevention of Gambling Ordinance, 1961.",
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