3. Penalty for opening etc., of any house etc., for certain forms of gaming. –
(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 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 receipts or 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 wilfully 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 for a first offence with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both and for a second or subsequent offence with imprisonment for a term which may extend to two years and with fine:Provided that in the absence of special reasons to be recorded in writing, the punishment to be imposed on an offender on conviction for a first offence under this sub-section shall be imprisonment for not less than one month or fine of not less than five hundred rupees or both and for a second or subsequent offence with imprisonment for not less than two months and fine of not less than one thousand rupees.(2)(a)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 for a first offence with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both and for a second or subsequent offence with imprisonment for a term which may extend to two months and with fine.(b)Any person found in any such house, room, tent, enclosure, vehicle, vessel or place during 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 for a term which may extend to three months or with fine which may extend to three hundred rupees or with both.
