The Assam Game and Betting Act, 1970
###### .\SSAM ACT XVIII OF 1970

[Received the assent of the Govern01· on the 19th December 1970]

###### THE · ASSAM GAME AND BETTING ACT, 1970

(Published in the Assam Gazette Extraordinary, datP<l the 19th
###### December 1970)

 Aa

Act

to extend the Public Ga1nbling Act, 1867 to the whole of the State

###### of Assa1n.

Preamble. Whereas gambling and betting on games and sports
have widely spread throughout the State causing
debasement of puhlic morality and wide-spread

expfoitation and threat to peace .and order;

##### lt has therefore become expedient to extend the Central Act

Public Gambling, Act, 1&67 to the whole of th6 [111 ] of [1867]·
State of As:;am to prohibit betting on games in the
manner hereinafter appearing ;

It is hereby enacted in the Twenty-first Year of the
Republic of India as follows:-

Short title 1. (1) This Act may be called the AHsam Game
extent and' and Betting Act, 1970.

commence-
ment.

(2) It shall extend to the whole of Assam

excluding the Autonomous State of Meghalaya but
including the Municipality of Shillong.

(3) It shall come into force at once.

Definitions.

:it. For the purpose of this Act, unless contrary
intention appears in the context:-

(a) "bet" with all its grammatic.al variations
means any r:::ioney or a valuable security or
thing staked by a person on behalf of
himself or on behalf of any other person,
by himself or through any agent • or any
person procured or employed acting for or
on his behalf, to be lost or won on the
happening or determination,of an una;Jcer-

tained thing, event or contingency of or in
relation to a game or sport and shall
include acceptance of a bet.

P rice Rs. 0.15 p. (oniy)


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It sha!1 further include wager, vrngering contract,

totalisator and pool transaction in relation to any

game or sport but shall not include a lottery or             -
betting on a horse race whrn such betting takes

###### place-

(i) On the day on which the race has

been fixed to run,

(ii) in an enclosure which the racing club
or the stewards thereof controlling
such race have with the permission _01_ _·_

the State Governme nt set apart for the
purpose, and

(iii) with a licensed book-maker for horse
racing or by means of a totalisator as Ass am Act _£"_

defined in section 14 of the Assam V:I of 1939.

Amusements and Betting T ax Act,

1939.

(b) " acceptance of bet" with all its gramma-

tical variations means the acceptance of
a bet as defined in clause ta) above by
any person either on behalf of himself or
any other person or through any agent or
any person procured or employed acting
for or on his behalf, with a · promise,
underta\ting or assurance express or
implied for payment of any money or
any valuable thing after the happening
or determination of an unascertained
event or thing in relation to any game
or sport.

Banks, Posts and Telegraphs or any other orga·

r.isation or house or concern which transmits money

or valuable security shall be deemed to be joint
agent of both the sender and the receiver.

(c) "Betting house" means any house, room,
office, enclosure, space, vehicle, vessel, tent
or place wh ich is used for the purpose of

bettin ~ or for receiving any information of

aoythini including the result of any game
or sport or wherein instrumen ls of betting
or records of betting are kept or fou.nd or

whereto vi~itors are invited for purpose of
betting by any advertisement, board or
signboard or any visible sign or by any
words verbal or in writing.


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(cl) " instruments of betting" includes any
board , .. table, tickets, tokens, coupons,
book, khatas, slips and all other things
which are used in bettings or to facilitate
betting on a game or sport. --

(e) "records of betting" includes any table,
board cloth, writing materials, accounts

a nd account-books, sl ips, paper, books,

khatas, receipts, coupons anrl all other
thin gs which con tain or may indicate to

have any relation to record of betting.

(f) " District Magistrate" shall include a Magis-

# .. trate holding the charge · of a Subdivision

and an Additional District Magistrate and
also any M ag istrate having the powers

of a F irst Class Magistrate.

(g) "District Superintendent of Police" includes

an Additional and Assistant Superinten-
dent of Police, Deputy Superintendent of
Police a nd any police officer, holding the
charge of a Subdivision of a_ District.

(h) "person" sh;ill have the ~ ame meaning as A A

. G I . ssam ct
defined m the Assam eneral C auses Act, III of 1915.
1915 and shall include a firm, whether
registered or not and also a firm of an
undivided 1-lindu family.

(i) "valuable security" shall have the same Central Ac;

meaning as defined in the Indian Penal XLV of

Code, 1860. 1860.

(J.) "the Act" means th e P u bl" 1c Gambling
Act, 1861.

(k) ''invi tation for betting" means to invite
visitors to . take part in betting in which-
ever form or to be present in the betting
house, by or through any advertisement
or display of any board, signboard or
any ether form of visible representation
or by words, verbal or in writing.

Amendment 3. For section 2 of the Public Gambling Act, 186.7

of section 2 the following shall be substituted, namely-
of Central
Act III of
1867.

"Extent 2. This Act shall extend to the whole of Assam
excluding the Autonomous State of Mc-
ghalaya but including the Municipality

of Shillong."


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Amendment 4. In section 3 of the Act, for the words "two
of section 3

hundred rupees", the words "five hundred

of Central
Act III of rupees" shall be substituted.
1867

Amendment 5. In section 7 of the Act, for the words "five
of section 7 hundred rupees", the words "one thousand
of Central

rupees" shall be substituted.

Act III of

!8f7.

Amendment 6. In sectio:i 13 of the Act, for the w'ords
of section 13 "fifty rupees", the words "one hundred
of Central
Ac III of rupees" shall be substituted.

1367.

Pcwer to en· 7. If a District Magistrate or ;:i. District

ter and au- Superintendent _o(_ Police has reason to

thorise Police

tC enter and believe that any house, room, office, enclo-

search. .sure, space, vehicle, vessel, tent or place

is used as betting house;

he may e:ther himself enter or by his warrant

authorise an officer of Police not below
the rank of a Suh-Inspector to enter with

such assistance as may be found necessary
by night or by day and by force if neces-

sary any such house, room, office, enclosure,
space, vehicle, vessel, tent or plac.e;

and may either himself or by the Police Officer

authorised as above take into custody, all persons
whom he or such officer. finds therein, whether or
not then actually betting i

and may either himself or by such Police Officer as

authorised as above, seize all things reasonably sus-
pected to be instruments of betting or records of
betting and all moneys and securities for money and
articles of value reasonably suspected to have been
used or intended to be used for the purpose of betting
on a game or sport ;

and may either himse1:- ~r the Police Officer as
authorised above, search all parts ofthe house, room.

office, enclosure, space, vehicle, vessel, tent or place
which he or such officer ~hall have so entered when he
or such officer has reason to believe that any instru-
ments of betting or records of betting are concealed 01
kept therein, and also the persons of those whom he
or such offi1:er so takes into custody ;

#### '


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and either he 6r such officer may .. eize and take
possession of all thinis reasonably suspected to be jn-

struments of betting or records of betting founrl upon
such search, or used or intended to be used in bett-
ing.

Presumption 8. When any instruments of betting or any records
as to use ofof betting are fo11nd in any house, enclosure, room,
any houtse, office, space, vehicle, vessel, tent or place entered or
room, e c., h d d h . . f h 1 d'
as a betting searc e un er t e provision o t e ast prece mg;

house and of section or on or about the persons of any of those who
a person are found therein, it shall be presumed, until the

[ound there- contrary is made to a pp ear, that such house

m. enclosure, office, room, space, · vehicle, vessel
tent or place is used as betting house and that the

##### "' persons found therein were present for the purpose of

_L_ betting although no betting was actually seen by the

Magistrate or by the Police Officer or any of its
Assistants.

Penalty on 9. If any person found in a betting house, entered
persons :o:r~es- by a Magistrate or any officer of Police under the pro-

ted for g1vmg . · f h' A b · d b h
fa! ·e names v1 s10ns o t is ct, upon emg arreste y any sue

and addresses.officer or upon being brought before any Magistrate

or being required by such officer or Magistrate to give
his name anc:\ address shall refuse or neglect to give the

same or shall give any false name or address, he shall
be punished with rigorous imprisonment for not less
than three months but not exceeding one year and _a_

fine of rupees five hundred but not exceeding rupees

            - me thousand. .

Destruction IO. On conviction of any ,person for an offence under
of t Instrud the provisions of this Act, the convicting Magistrate

~~~r~s a~f shall order all the instruments and records of betting
betting and found therein to be destroyed and shall order ail and
forfeiture of any of the securities for money and other article seized,
money, etc. not being instrumen ts or records of betting to be rnld

and converted into money and the proceeds thereof
and all money seized therein to be forfeited.
11. It shall not be necessary in order to convict any
Proof of person for keeping a betting house or for being con·-

~ctual bett· cerned in the management of any betting house to
rng unneces- prove that any person found was actually betting-.
sary.

12. Any person who shall have been concerned in
Witnesses betting and who shall be ('xamined as a witness before
indemnified. a Magistrate on the trial of . any .person under any

provision of this Act and who upon such examina-
tion shall in the opinion of the Magistr;ite make true
and faithful statement, and discovery to the best of his

lmowledg~, of all things regarding which he shall be

so examined, shall thereupon receive from the said
Magistrate a certificate in writing to that effect, and
shall be free from all prosecutjons under this Act for
anything done before that time.


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Arrest of 13. Any Police Officer may appi:diend ·any person

0
~;r ~s !~u- found betting or having in po~ session any instrument
or poss~ss;~~ of betting or records of betting found on or about a
instruments person so apprehended.
or records of
betting and

           - eizure.

Punishment 14. Anybody who bets or invites betting or poss·

for. ~etting, esses any instrument of betting or records of l:ietting
mvitmtg_ or or accepts betting as defined by the provisions of this
?ccep betting 1 n or g A ct s a h 11 b e pums e wit · h d                    - h · rigorous 1mpr1sonment i·                    - _r or_

posil°ess in g not less than six months but not exceeding three years
instrume n t and a fine of rupees one thousand but           - uot exceeding
or r~cords of rupees two thousand.          -
betting.

Pen~lty for l!l. Whoever opens or keeps betting house or uses

ownmg or any house, room; office, enclosure, space, vehicle,

k«:eI?•ng hor vessel, tent~ or place as a betting house or whoever
havmg c ar- b .          - h          - h f

ge of a bet- e1ng an owner, occupier or a':'mg t e use o any
ting house. house , room, office, space, vehicle, vessel, tent, en-

closure, place permits or connives at any person using
such house, room, office, space, vehicle, vessel, tent,
enclosure or place as a be1ting house or whoever has
the care or management of or in any manner assists

in conducting the business of any house, room, office,
space, vehicle, vessel, tent, enclosure ·or place opens,
keeps or uses the same for the purpose of betting or
whoever advances or furnishes money for the purpose of
betting shall be punished with . rigorous imprison-
ment for not _less than six months but not exceeding
three years and a fine for rupees one thousand but
not exceeding rupees two thousand.

P~esump~on 16. Anybody who is found in a betting house by
as [0 ] bettmg. a Magistrate or a Police Officer entering into a

betting house under the provision of section 7 or
this Act shall be presumed, unless the contrary is
proved, that he had been there for the purpose of
betting and shall be punished with rigorous impri-
sonment for not less than six months but not ex-
ceeding three years and a fine of rupees one thou-

sand but not exceedin15 rupees two thousand.

Punishmen_t 17. Anybody who communicates auy information

::.~~rnmund about the result of a betting or any thing in relation
recclving ~-to a betting and anybody who receives such infor-

form at i o n mation shail be liable to be punished with rigo1ous im-

about. result prisonment for · not less than six months but not ex-

~~:r ~~ r~~: ceeding three years and a fine of rupees one thousand
ting. but not> exceeding rupees two thousand,


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###### 7

PresumpHon 18. Any ticket, token, receipt, coupon _-or_ counter-

~nd evidence foil and such other things · found and seized on or
1n respect of b h d d k           - d
instrument of a out a person. <;'-PPre en. e or ta ~n mto cust.o y
betting and under any prov1smn of this Act or found and .seized

taking part in and from the possession of a person shall be
in betting. evidence in the trial of such person for an offrnce

under this Act and unless the contrary is proved,
shall be presumed to be an instrument of betting
on a game or sport and shall ah1iJ be presumed
that the person concerned had taken part in betting.

. I

Presu~ption 19. Any cloth, writing materials. books, khatas,

~nd evidencef registers, ledgers, accounts and account books which
m respect o        - d" h I · b ' "f
records of may m icate to ave any re at10n to etttng, i

betting. found on or about the person who has been app-
rehended or taken into custody under any provision
of this Act or found and seized in and from the
possession of any person shall be ~viden ce at the

tri<tl of such person for an offence under this Ac~
and shall be presumed to be records of betting
unless the contrary is proved by the accused person.

~inding of 20. Any ticket, toke n, receipt, coupon, counter-

ticke~, tokens, foil and any cloth, board, table, paper and slips

pec~ed et:. in houses sus- o. f i:iaper, b oo k s, ~egisters, . b m:r d s, sign . b oar d s or any
to be evide- visible representations, ledgers, accounts, account

nee .that they books ana money which may indicate to have any
are mstrume- relation with betting and which bave been found
nts d or f betting recor- an d seize · d un d er , sec.tion · 7 o t f h" 1s A ct s a h 11 b e

a~do that such evidence in a trial for an offence under . section 15
houses are and shall be presumed to be instruments of betting
betting holi- _or records of betting, as the case may be, and the
ses. house, room, office, space, vehicle, vessel, tent,

enclosure or place shall be . presumed to . be a
betting house unless the contrary is prov.ed by the
accused person.

##### ' ,

         - Offences co- 21. All offences under this Act shall be cog-

gn!sable, non- nieable and non-bailable, and no person accused of

ba.il~ble, . aad an offence under this Act, shall be released on
special proce- C . h h . h .
dure for gran. b .1 b ~t _¥_ any our~ wit out e~rmg t e pr9secuhon

ting hails. of which due notice shall be given ; provided that
all orders shall give reasons for which bail is

given.

Amendment 22. Chapter II of the Assam Amusements and Assam Act

~~ f~apter .Betting Tax Act, 1939, hereinafter referred to as the VI of 193?.

Ac~ vi'5a~~said Chapter, shall stand amended as specified in the
1939, Schedule.o


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Repeal and 23.(1) The Assam Game and Betting Ordinance, Assam Ordi-
!::iaving. 1970 is hereb"· repealed. ~ nance III

' of l !.17C!t

(2) Notwithstanding such repeal, anything

done or any action taken under the Assam
Game and Betting Ordinance,. 1970, shall
be deemed _·w_ have been done or taken
under this Act as if this Act had cmmen-
ced on the twentieth day of Augus t, 1970

(the date of promulgation of the Ordinance) ..

SCHEDULE

(See Section 22)

###### Amendments to Chapter II of the Assam Amusements and Betting
 Tax Act, 1939.

1. In section 14 of the said Chapter:-

(i) clause (3A) shall be deleted;

(ii) clause (7) shall be deleted.

2. In section 18 of the said Chapter, sub-seetions (3), (4) and
(5) shall be d,eleted.

AGP (J ,:nv) 3/71--2,500-29~1~71.

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