4. [ Penalty for opening etc., for certain forms of gaming. [Substituted by section 3(i) of the Madras City Police and Gaming (Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955) for section 4 which was substituted for the original section by section 3 of the Madras Gaming (Amendment) Act, 1946 (Madras Act IV of 1946), re-enacted permanently by section 2 of, and the First Schedule to, the Tamil Nadu Re-enacting (No. II) Act, 1948 (Tamil Nadu Act VIM of 1948). Section 3 of the Madras City Police and Gaming (Amendment) Act, 1955 (Tamil Nadu Act XVI of 1955) was extended to the added territories by section 10 of the Tamil Nadu (Added Territories) Extension of Laws (No. 2) Act, 1961 (Tamil Nadu Act 39 of 1961).]
(1)Whoever-(a)being the owner or occupier or having the use of any house, room, tent, enclosure, vehicle, vessel or place, opens, keeps or uses the same for the purpose of gaming -(i)on a horse-race, or(ii)on the market price of cotton, bullion or other commodity or on the digits of the number used in stating such price, or(iii)on the amount or variation in the market price of any such commodity or on the digits of the number used in stating the amount of such variation, or(iv)on the market price of any stock or share or on the digits of the number used in stating such price, or(v)on the number of registration or on the digits of the number of registration of any motor vehicle using a public place, or(vi)on any transaction or scheme of wagering or betting in which the receipt 01 distribution of winnings or prizes in money or otherwise is made to depend on chance; or(b)being the owner or occupier of any such house, room, tent, enclosure, vehicle, vessel or place knowingly or willfully permits the same to be opened, occupied, kept or used by any other person for the purpose of gaming on any of the objects aforesaid, or(c)has the care or management of, or in any manner assists in, conducting the business of, any such house, room, tent, enclosure, vehicle, vessel or place opened, occupied, kept or used for the purpose of gaming on any of the objects aforesaid, or(d)advances or furnishes money for the purpose of gaming on any of the objects aforesaid with persons frequenting any such house, room, tent, enclosure, vehicle, vessel or place,[shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to five thousand rupees, but in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court -(i)such imprisonment shall not be less than three months and such fine shall not be less than five hundred rupees for a first offence;(ii)such imprisonment shall not be less than six months and such fine shall not be less than seven hundred and fifty rupees for a second offence; and(iii)such imprisonment shall not be less than one year and such fine shall not be less than one thousand rupees for a third and subsequent offences].(2)Whoever is found in any house, room, tent, enclosure, vehicle, vessel or place referred to in sub-section (1), gaming on any of the objects specified in that sub-section, or present, for the purpose of gaming on any such object shall be punishable with imprisonment which may extend to one month or with fine which may extend to five hundred rupees or with both.Any person found in any such house, room, tent, enclosure, vehicle, vessel or place Coring any gaming therein on any of the objects specified in sub-section (1) shall be presumed, until the contrary is proved, to have been there for the purpose of gaming on such object.(3)Whoever is found gaming on any of the objects specified in sub-section (1) in any public street or thoroughfare or in any place to which the public have or are permitted to have access shall be punishable with imprisonment which may extend to three months or with fine which may extend to three hundred rupees, or with both.]
