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Online Gambling Legal In Pakistan

THE PUNJABPREVENTION OF GAMBLING ORDINANCE, 1978

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(Pb Ord. VII of 1978)

Sections

1.Shorttitle, extent and commencement.

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2.Definitions.

3.Penaltyfor owning or keeping or having charge of a common gaming house.

4.Penaltyfor being found in common gaming-house.

5.Penaltyfor gaming in a public place.

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5-A.Powersof police officers.

6.Penaltyfor gaming in private places, etc.

7.Enhancedpunishment for subsequent offences.

8.Powerto enter and search.

9.Presumptionwith respect to common gaming-house and persons present therein.

10.Tenderof pardon to an accomplice.

11.Powerto make rules.

13.Ordinanceto over ride other laws, etc.

14.Repealof W.P. Ordinance No.I of 1961.

THE PUNJAB PREVENTION OF GAMBLING ORDINANCE, 1978

(Pb Ord. VII of 1978)

[14th March, 1978]

An Ordinance toprovide for the prevention of gambling

Preamble.— WHEREAS it is expedient toprovide for the prevention of gambling.

NOW,THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977,read with the Laws (Continuance in Force) Order, 1977 (CMLA Order No.1 of1977), the Governor of the Punjab is pleased to make andpromulgate the following Ordinance-

1.Shorttitle, extent and commencement.— (1) This Ordinance may be called the PunjabPrevention of Gambling Ordinance, 1978.

(2)It extends to the whole of the Province of thePunjab.

(3)Itshall come into force on 15th day of March, 1978.

2.Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context—

(a)“common gaming house” means any house, room,tent, enclosure, vehicle, vessel or other place whatsoever in which anyinstruments of gaming are kept or used for gaming purposes—

(i)with the object of profit or gain of anyperson owning, occupying or keeping such house, room, tent, enclosure, vehicle,vessel or other place whether by way of charge for the use of such house, room,tent, enclosure, vehicle, vessel or place or instruments or otherwisehowsoever; or

(ii)with or without the object of such profit orgain, if the gaming for the purpose of which such instruments are so kept orused is gaming on any figures or numbers or dates to be subsequentlyascertained or disclosed, or on the occurrence or non-occurrence of any naturalevent;

(b)“gaming” includes wagering or betting,including wager or bet made in respect of any horse, mare or gelding running incompetition with any other horse, mare or gelding, or of the rider thereof;

(c)“Government”means the Government of the Punjab;

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(d)“instrumentsof gaming” includes any article used or intended to be used as a means orappurtenance of, or of carrying on or facilitating, gaming, and any documentsused as a register or record or evidence of any gaming; and

(e)“prescribed” means prescribed by rules madeunder this Ordinance.

3.Penaltyfor owning or keeping or having charge of a common gaming house.— (1)Whoever—

(a)being the owner or occupier, or having theuse, of any house, room, tent, enclosure, vehicle, vessel or other place keepsor uses, or knowingly or wilfully permits the same to be occupied, kept or usedby any other person as a common gaming-house; or

(b)hasthe care or management, or in any manner assists in conducting the business, ofany common gaming-house; or

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(c)advancesor furnishes money for the purpose of gaming with persons frequenting anycommon gaming-house,

shallbe punishable with imprisonment for a term which shall not be less than onemonth nor more than one year, or with fine which shall not be less than one hundredrupees nor more than one thousand rupees, or with both.

(2)Ina prosecution under sub-section (1), it shall not be necessary to prove thatthe person found playing was playing for any money, wager or stake.

GamblingGambling

4.Penalty for being found in common gaming-house.— (1) Whoever is found in any common gaming-houseplaying or gaming with cards, dice, counters, money or other instruments ofgaming, or for the purpose of gaming, whether for any money, wager or stake orotherwise, shall be punishable with imprisonment for a term which may extend toone year, or with fine which may extend to five thousand rupees, or with both.

(2)Anyperson found in any common gaming-house during any gaming or playing thereinshall be presumed, until the contrary be proved, to have been there for thepurpose of gaming.

5.Penaltyfor gaming in a public place.— Whoever is found gaming in any public place,street or thoroughfare, shall be punishable with imprisonment for a term whichmay extend to [threeyears], or with fine which may extend to [3][fivethousand rupees], or with both.

[5-A.Powersof police officers.— A police officer, not below the rank of Sub-Inspector,may—

(a)arrestwithout warrant any person committing an offence under section 5;

(b)searchany person so as to seize instruments of gaming used for committing an offenceunder section 5; and

(c)seizeand take possession of gaming moneys, securities, articles of value andinstruments of gaming reasonably suspected to have been used or intended to beused for the purpose of committing an offence under section 5.]

6.Penaltyfor gaming in private places, etc.— Whoever is found gaming in any house,room, tent, enclosure, vehicle vessel or other place shall be punishable withimprisonment for a term which may extend to [fiveyears], or with fine which may extend to [seventhousand rupees], or with both.

7.Enhanced punishment for subsequent offences.— Whoever, having been convicted of any offenceunder this Ordinance, again commits any such offence shall be punishable forevery such subsequent offence with imprisonment for a term which may extend to [7][seven years], or with fine which may extend to [8][ten thousand rupees], or with both.

8.Powerto enter and search.— If a District Magistrate, Sub-divisional Magistrate,Magistrate of the first class upon information and after such inquiry as hethinks necessary, has reason to believe that any place is used as a commongaming-house of that an offence under section 6 is being committed at or in anyplace, he may—

(a)entersuch place at any time with such assistance as he may require and using suchforce as may be necessary:

Provided that, if such place is in the actualoccupancy of a woman who according to custom, does not appear in public, theofficer so entering such place shall give notice to her that she is at libertyto withdraw and, after allowing reasonable time for her to withdraw and givingher reasonable facility for withdrawing, may enter the place;

(b)searchsuch place for any instruments of gaming kept or concealed therein, and alsothe person of all those who are found in that place, except the woman;

(c)seizeand take possession of gaming moneys and securities for money and articles ofvalue reasonably suspected to have been used or intended to be used for thepurpose of gaming which are found therein or upon any person found therein; and

(d)takeinto custody all persons, except women found in that place, whether or not thenactually gaming.

9.Presumptionwith respect to common gaming-house and persons present therein.— When anycards, dice, gaming-tables, gaming clothes, gaming-boards or other instrumentsof gaming are found in any house, room, tent, enclosure, vehicle vessel orother place entered or searched under the provisions of section 8, or upon anyperson found therein, it shall be presumed, until the contrary is proved, thatsuch house, room, tent, enclosure, vehicle, vessel or other place is used as acommon gaming-house and that any person found therein was there present for thepurpose of gaming, although no play was actually seen by the officer making theentry or search.

10.Tenderof pardon to an accomplice.— Anyperson who shall have been concerned with any gaming contrary to this Ordinanceand who shall be examined as a witness before a magistrate on the trial of anyperson for a breach of any of the provisions of this Ordinance relating togaming and who, upon such examination, shall in the opinion of the magistratemake true and faithful discovery to the best of his knowledge of all things asto which he shall be so examined, shall thereupon receive from the saidmagistrate a certificate in writing to this effect and shall be freed from allprosecutions under this Ordinance for anything done before that time in respectof such gaming.

11.Power to make rules.— The Governmentmay, by notification in the official Gazette, make rules for the purpose ofcarrying into effect the provisions of this Ordinance.

12.[9][* * * * * * * * * * * * *]

13.Ordinance to over ride other laws, etc.—This Ordinance shall have effect notwithstanding anything contained in anyother law for the time being in force.

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14.Repeal of W.P. Ordinance No.I of 1961.—The Punjab Prevention of Gambling Ordinance, 1961, is hereby repealed.