Section 3   [ View Judgements ]

“GAMING” DEFINED


In this Act “gaming” includes wagering, or betting except wagering or betting upon 2[a horse-race, or dog-race] when such wagering or betting rakes place - (a) on the day on which such race is to run, and

(b) in an enclosure which the licenses 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-Course Licensing Act, 1912 3[or as the case may be, of the Maharashtra Dog Race-Courses Licensing Act, 1976 in respect of such race-course 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 had 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.



1. This definition was substituted by s.2 of the Bombay Prevention of Gambling Act, 1922 (Bom. 5 of 1922).

2. These words were substituted for the words “a horse-race” by Mah.33 of 1976 s.11 Sch

3 .Infra

4 These words were inserted, ibid s I Sch.

5. These words were inserted by Mah.. l2 of 1965.s.2(a)

6. Clause (e) was substituted or the original clause by Bom.3 of 1931. s. 2

7. These words were inserted by Mah. 12 of 1965, 5.2(b)

8. These words were inserted by Bom. 12 of 1934. s. 2.



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 wagering or betting in such manner or by such contrivance as may be permitted in such licence. 1[The collection or soliciting of bets, receipt or distribution of winnings or prizes in money or otherwise in respect of wagering or betting or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution shall be deemed to be “gaming”.

“Instruments of gaming defined: 2[In this Act the expression “instruments of gaming” includes any article used 3[or intended to be used] as a subject or means of gaming. 4[any document used 3[or intended to be used] as a register or record or evidence of any gaming] 6[ the proceeds of any gaming, and any winnings or prizes in money or otherwise distributed or intended to be distributed in respect of any gaming.

7[In This Act, “Common Gaming-House” Means “Common gaming-house” defined.

(i) in the case of gaming

(a) on the market price of cotton, opium or other commodity or on the digits of the number used in stating such price, or

(b) on the amount of variation in the market price of any such commodity or on the digits of the number used in staling the amount of such variation, or

(c) on the market price of any stock or share or on the digits of the number used in stating such price, or

(d)on the occurrence or non-occurrence of rain or other natural event Or



1.These words were inserted by Bom.I of 1936. s.20).

2- This definition was inserted by s.1 of the Act to amend the Bombay prevention of Gambling Act, 1890 (Bom, I of 1890)

3. The words or intended to be used’ were inserted by Bom.I of 1936, s. 2(2Xi).

4. These words were added by s.2 of the Bombay Prevention of Gambling Amendment 1919(Bom. 6 of 1919).

5. The word and’ was omitted by Bom. I of 1936 s. 2(2)(ii).

6. These words were added, ibid, s 2(2)(iii).

7. This portion was substituted for the original by Bom. 14 of 1959s.3C



(e) on the quantity of rainfall or on the digits of the number used in stating such quantity 2[(f)on the pictures, digits or figures of one or more playing bards or other documents or objects bearing numbers, or on the total of such digits or figures. or on the basis of the occurrence or non-occurrence of any uncertain future event, or on the result of any draw, or on the basis of the sequence or any permutation or combination of such pictures, digits, figures, numbers, events or draws, any house, room or place whatsoever in which such gaming takes place or in which instruments of gaming are kept or used for such gaming;



(ii) in the case of any other form of gaming, any house, room or place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room or place by way of charge for the use of such house, room or place or instrument or otherwise howsoever.



In this Act, “place” includes a tent, enclosure, space, vehicle and vessel.]



1. This word was added by Mal 20 of 975. s. 2

2. Sub-clause (f) was inserted ibid, . s2(ii).



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