Section 3 in The Bombay Prevention of Gambling Act, 1887
3. "Gaming" defined.
- [ln this Act "gaming" include wagering or betting except wagering or betting upon a horse-race when such wagering or betting takes place-(a)on the day on which such race is to be run, and(b)in an enclosure which the licensee 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-Courses Licensing Act, 1912] (Bombay Ill of 1912), in respect of such race-course, and(c)[ between any individual in person, being present in the enclosure, on the one hand, and such licensee or other person licensed by such licensee in terms of the aforesaid licence on the other hand [or between] [Clause (c) was substituted for the original clause by Bombay 3 of 1931, section 2.] 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.]Any transaction by which a person in any capacity whatever employs another in any capacity whatever or engages for another in any capacity whatever the 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. [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".] [These words were inserted by Bombay 1 of 1936, section 2(i).][This definition was substituted by Bombay 5 of 1922, section 2.]Instruments of gaming defined: - [In this Act the expression "instruments of gaming" includes any article used [or intended to be used] [This definition was inserted by section 1 of the Act to amend the Bombay Prevention of Gambling Act, 1890 (Bombay 1 of 1890).] as a subject or means of gaming [ [*] [These words were added by Bombay 6 of 1919, section 2.] any documents used [or intended to be used] [These words were inserted by Bombay 1 of 1936, section 2(i).] as a register or record or evidence of any gaming) [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.] [These words were added, by Bombay 1 of 1936, section 2 (2)(iii).]Common gaming house defined: - [In this Act, `common gaming-house' means-(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 stating 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(e)on the quantity of rainfall or on the digits of the number used in stating such quantity, [or](f)[ on the pictures, digits or figures of one or more playing cards or other documents or objects bearing numbers, or on the total of such digits or figures, or on the basis of the occurrence or nonoccurrence 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;] [Item (f) substituted by Gujarat 20 of 1990, dated 19th December 1990]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 arc 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.`Place' defined: - In this Act, "place" includes a tent, enclosure, space, vehicle and vessel.] [This portion was substituted for the original by Bombay 14 of 1959, section 3(c).]
