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Maharashtra Bare Acts 1887

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 1

Title : Short Title Extent

State : Maharashtra

Year : 1887

This Act may be cited as the Bombay Prevention of Gambling Act, 1887. 1[It extends to the whole of the 2[State of Maharashtra]. ____________________ 1 This portion was substituted for the last two paras, ibid, s. 3 (b). 2 These words were substituted for the words " State of Bombay " by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

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Bombay Prevention of Gambling Act, 1887 Complete Act

State : Maharashtra

Year : 1887

.....Notwithstanding anything in any law for the time being in force, no search made under this section shall be deemed illegal by reason only of the fact that the witnesses (if any) of the search were not inhabitants of the locality in which the house, mom or place searched is situate.] 1. These words were substituted for the words the District by Mah. 46 of 1962 Sch. 2. The words "upon any complaint at made before him or oath and" wore deleted by Bom. 24 0f 1959,s.3(d). 3. Sub-section (2) was added by Mah. 1 of 1963, s. 2. SECTION 06A: PUNISHMENT FOR GIVING FALSE NAMES AND ADDRESSES If any person found in any common gaming-house, entered by any Magistrate or officer of Police under the provisions of this Act, upon being arrested by any such officer or upon being brought before any Magistrate, and on being required by such officer or Magistrate to give his name and add refuses or neglects to give the same or gives any false name or address, he shall, on conviction, be punished with a fine not exceeding one thousand rupees and on the non-payment of such fine, or in the first instance if to the Court passing the sentence it shall seem fit, with imprisonment for a period not.....

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Preamble 1

Title : the Bombay Prevention of Gambling Act, 1887

State : Maharashtra

Year : 1887

.....2[State] of Bombay; It is enacted as follows:-- _________________ 1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. IV, p. 12, for Report of the Select Committee, see ibid p. 239 : and for Proceedings in Council, see ibid, pp 215, 244. * This Act was extended to and by such extension shall be in force in that part of the State of Bombay to which immediately before the commencement of Bom. 14 of 1959, it did not extend (vide s. 2 of Bom. 14 of 1959). This Act was re-enacted by Bom. 37 of 1947, s. 2. This Act has been re-enacted and the amendments made by section 9 and Schedule E of the said Act has been continued in force by Bom. 52 of 1947, s. 2. * * This indicates the date of .commencement of the Act. 2 This word was substituted for the word "Presidency" by Bom. 14 of 1959, s. 3 (a).

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 3

Title : " Gaming " Defined

State : Maharashtra

Year : 1887

.....which the licensee of the race-course, on which such race is to be run, has set apart for the purpose under the terms of the licence issued under section 4 of the Bombay Race-Courses Licensing Act, 1912(Bom. III of 1912)3, 4[or as the case may be, of the Maharashtra Dog Race-Courses Licensing Act, 1976 (Mah. XX-XIII of 1976.)] in respect of such race-course 5[or in any other place approved by the State Government in this behalf,] and 6[(c) between any individual in person, being present in the enclosure 7[ or approved place ] on the one hand,, and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other hand 8[ or between any number of individuals in person in such manner and by such contrivance as may be permitted by such licence; but does not include a lottery. Any transaction by which a person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever to wager or bet whether with such licensee or with any other person shall be deemed to be " gaming ": Provided, nevertheless, that such licensee may employ servants, and persons may accept service with such licensee, or.....

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 2

Title : Section 2

State : Maharashtra

Year : 1887

[Repeal of enactments,] Rep. Act XVI of 1895.

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 4

Title : Keeping Common Gaming

State : Maharashtra

Year : 1887

.....] 9["(2) Nothing contained in the provisions of the Probation of Offenders Act, 1958 (XX of 1958.), or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973(2 of 1974.), shall apply to any person convicted under this section."] __________________ 1 Section 4 was renumbered as sub-section (1) of that section and these words were substituted for the words " which may extend to six months ", ibid, s. 3 (i) 2 These words were substituted by Bom. 2 of 1941, s. 3, read with Bom. 37 of 1947, s. 2. 3 This portion was substituted by Bom. 37 of 1947, s. 3. 4 These words were substituted for the words " shall, on conviction, be punishable " by Mah. 28 of 1967, s. 2. 5 These words were substituted for the words " and with fine ", ibid. 6 These words were substituted for the words " one months and fine shall not be less than two hundered rupees " by Mah. 29 of 1975, s. 3 (ii) (a). 7 The words were substituted for the words " three months and fine shall not be less than two hundred rupees " by Mah. 20 of 1975, s. 3 (i) (b). 8 These words were substituted for the words " six months and fine shall not be less than two hundred rupees,.....

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 5

Title : Gaming in Common Gaming

State : Maharashtra

Year : 1887

.....a third or subsequent offence such imprisonment shall not be less than six months and fine shall not be less than two hundred rupees.] Any person found in any common gaming-house during any gaming 5* * therein shall be presumed, until the contrary 6[ is proved ], to have been there for the purpose of gaming. _____________ 1 This paragraph was substituted by s. 3 of the Bombay Prevention of Gambling (Amendment) Act, 1919 (Bom. 6 of 1919). 2 This portion was substituted by Bom. 37 of 1947, s. 4. 3 These words were substituted for the words " shall on conviction, be punishable " by Mah. 28 of 1967, s. 3. 4 These words were substituted for the words " and with fine ", ibid. 5 The words "or playing" were repealed by s. 3 of the Bombay Prevention of Gambling (Amendment) Act, 1919 (Bom. 6 of 1919). 6 The words " is proved " were substituted for the words " be made to appear " by Bom. 1 of 1936, s. 4 (3).

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 6

Title : Entry, Search, Etc., by Police Officers in Gaming

State : Maharashtra

Year : 1887

.....Notwithstanding anything in any law for the time being in force, no search made under this section shall be deemed illegal by reason only of the fact that the witnesses (if any) of the search were not inhabitants of the locality in which the house, room or place searched is situate.] _____________________ 1 Section 6 was substituted for the original section, by Bom. 1 of 1936, s. 5. 2 Section 6 was renumbered as sub-section (1) by Mah. 1 of 1963, s. 2. 3 These words were substituted for the words," in the Greater Bombay" by Bom. 36 of 1959, s. 3., Sch. 4 The words" Sergeant or " were deleted by Bom. 14 of 1959, s. 3 (d). 5 These words were substituted for the words " by a Magistrate of the First Class or" by Bom. 60 of 1954, s. 2. 6 These words were substituted for the words " District Superintendent of Police" by Mah. 46 of 1962, s. 3., Sch. 7 The words " the Provincial Government" were substituted for the words " Government" by the Adaptation of Indian Laws Order in Council. 8 This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950. 9 This word was inserted by Bon . 14 of 1959, s. 3 (d). 10 This clause was inserted,.....

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 6A

Title : Punishment Forgiving False Names and Addresses

State : Maharashtra

Year : 1887

1[If any person found in any common gaming-house, entered by any Magistrate or officer of Police under the provisions of this Act, upon being arrested by any such officer or upon being brought before any Magistrate, and on being required by such officer or Magistrate to give his name and address refuses or neglects to give the same or gives any false name or address, he shall, on conviction, be punished with a fine not exceeding one thousand rupees and on the nonpayment of such fine, or in the first instance if to the Court passing the sentence it shall seem, fit, with imprisonment for a period of not exceeding four months.] _____________________ 1 Section 6A was inserted by Bom. 14 of 1959, s. 3 (e).

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Bombay Prevention of Gambling Act, 1887, (Maharashtra) Section 7

Title : Presumptive Proof of Keeping or Gaming in Common Gaming

State : Maharashtra

Year : 1887

1[When any instrument of gaming has been seized in any house, room or place entered under section 6 or about the person of any one found therein, and in the case of any other things so seized if the court is satisfied that the Police officer who entered such house, room or place had resonable grounds for suspecting that the things so seized was an instrument of gaming, the seizure of such instrument or thing shall be evidence, until the contrary is proved, that such house, room or place is used as a common gaming-house and the person found therein were then present for the purpose of gaming, although no gaming was actually seen by the Magistrate or the Police officer or by any person acting under the authority of either of them:] 2[Provided that the aforesaid presumption shall be made, notwithstanding any defect in the warrant or order in pursuance of which the house, room or place was entered under section 6, if the Court considers the defect not to be a material one.] _______________________ 1 Section 7 was substituted for the original section by Bom. 1 of 1936, s. 6. 2 This proviso was added by Bom. 14 of 1959, s. 3 (f).

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