Section 5

Section 5 of the Andhra Pradesh Gaming Act, 1974. Substituted by the Act No. 43 of 2020, S.2.

Substituted by the Act No. 43 of 2020, S.2. 3. Penalty for opening, etc., a common gaming house - 1[(1) Any person who opens, keeps, operates, uses or permits to be used any common gaming house or online gaming or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable - (i) For the first offence, with imprisonment for a term which may extend to one (1) year and with fine which may extend to Rs.5,000/- (Rupees Five Thousand only); but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than three (3) months and fine of not less than Rs. 3,000/- (Rupees Three Thousand only);

(ii) For every subsequent offence, with imprisonment for a term which may extend to two (2) years and with fine which may extend to Rs. 10,000/- (Rupees Ten Thousand only), but in absence of special reasons to be recorded in writing the punishment awarded under this clause shall be - (a) For a second offence, imprisonment for not less than six (6) months and fine of not less than Rs.5,000/- (Rupees Five Thousand only);

(b) For a third or subsequent offence, imprisonment for not less than one (1) year and fine of not less than Rs. 10,000/- (Rupees Ten Thousand only).] Explanation: - For the purpose of this section, the expression "person" includes the owner, or as the case may be, the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place.

(2) It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake. 2[3A. Offences by companies - Where a person committing a contravention of section or any other provisions of this Act is a every person who, at the time of the contravention was committed, was in charge of, and was responsible to the company, for the conduct of the business of the company as well as the company, its managing directors and other directors, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punishable accordingly:

Provided that nothing contained in this section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge of that he exercised all due diligence to prevent such contravention.] 4. 3[Penalty for being found gaming in a common gaming house - Whoever is found gaming or present for the purpose of gaming in a common gaming house shall, on conviction, be punishable with imprisonment for a term which may extend to six (6) months or with fine which may extend to Rs. 3,000/- (Rupees Three Thousand only) or with both.] 1. Substituted by the Act No. 43 of 2020, S.3. 2. Inserted by the Act No. 43 of 2020, S.4. 3. Substituted by the Act No. 43 of 2020, S.5.

Explanation :- For the purpose of this section, any person found in any common gaming house during gaming therein shall be presumed to have been present there for the purpose of gaming. 1[5. Offences are cognizable and non-bailable - (1) Every offence under this Act is cognizable and non-bailable.

(2) Any Police Officer not below the rank of Sub-Inspector of Police has got authority :- (i) to enter any place and at any time with such force and with such assistance as may be found necessary;

(ii) to arrest all persons found therein;

(iii) to search all such persons and all parts of such place; and (iv) to seize- (a) all money found with such persons;

(b) all instruments of gaming; and (c) all moneys, all securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found in such place.

(v) to freeze bank accounts which are used for the purpose of gaming.] 2[6. Instrument of gaming found in a place entered or secured to be evidence that place is common gaming house - where any instrument of gaming or its facilities found in any place entered or searched, on or about person found therein, it shall be presumed that such place is used as a common gaming house and that the persons found therein were present there for the of gaming although no gaming was actually seen by police officer or any of his assistants.] 3[7. Provisions of sections 4 and 6 not to apply in certain cases - Nothing in the Explanation to section 4 or in section 6 shall apply to persons found in a premise or place belonging to or occupied by a club, society, company or other association of persons, whether incorporated or not, unless such persons are actually found gaming or facilitating such gaming in any manner in such premises or place.]

Section 5, The Andhra Pradesh Gaming Act, 1974 (Act 27 of 1974).