HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

PART-I

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 9th April, 2025

No. Leg. 12/2025.— The following Act of the Legislature of the State of Haryana

received the assent of the Governor of Haryana on the 5th April, 2025 and is hereby published

for general information:-

HARYANA ACT NO. 11 OF 2025

THE HARYANA PREVENTION OF PUBLIC GAMBLING ACT, 2025

ACT

to provide for the prevention and punishment of public gambling, keeping of common

gambling house, betting in sports or elections, match fixing or spot fixing in sports in the State of

Haryana and matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-sixth Year of the

Republic of India, as follows: -

(1)

This Act may be called the Haryana Prevention of Public Gambling Act, 2025.

(2)

It extends to the whole of the State of Haryana.

(3)

It shall come into force on such date, as the State Government may, by notification

in the Official Gazette, appoints.

Short title, extent

and

commencement.

(1)

In this Act, unless the context otherwise requires,-

(a)

"bet" means any agreement, whether oral, written or otherwise between two

or more parties concerning the occurrence or non- occurrence of an event,

whether in the past, present or future, whose outcome is unknown to any or

all of the parties at the time of agreement and the party making an incorrect

prediction regarding the event's outcome shall be obligated to pay or forfeit

a stipulated consideration to the other party or parties involved, which may

be monetary or non-monetary;

(b)

"betting" means an act of placing bet and shall include placing bet by means

of electronic communication;

(c)

"common gambling house" means a house, building, tent, vehicle or vessel

as well as any computer network enabling information creation or providing

information processing and storage, either through an intermediary or

otherwise, whose owner, occupier or keeper makes it available for the

purpose of gambling in exchange of some consideration, monetary or

otherwise;

(d)

“electronic communication” means electronic communication as defined

under clause (i) of sub-section (1) of section 2 of the Bharatiya Nagarik

Suraksha Sanhita, 2023 (Central Act 46 of 2023);

(e)

"gambling" means an act of betting or gaming or both;

(f)

"game of chance" means any game where there is a preponderance of chance

over skill;

(g)

"game of skill" means any game where there is preponderance of skill over

chance, which include game where success depends principally upon the

superior knowledge, training, attention, experience and adroitness of the

player, despite there being an element of chance:

Provided that the State Government may, notify any game to be included as

game of skill;

Definitions.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

(h)

"gaming" means playing game of chance using instrument of gambling or

otherwise, where any or all of the parties losing the game, shall pay or forfeit

some consideration, monetary or non-monetary, in favour of any of the parties

winning the game and shall not include game of skill;

(i)

"instrument of gambling" means and includes any article, electronic

apparatus, computer, electronic communication device, instrument, server or

machine with their accessories used or intended to be used as a subject, and

accessory or means of gambling, any document used or intended to be used as

a register or record or evidence of gambling, the proceeds of any gambling,

and any winning or prize in money or otherwise distributed or intended to be

distributed in respect of any gambling;

(j)

"match fixing" means and includes an intentional act of commission or

omission by any person in relation to sports to extend undue favour, directly

or indirectly, to any person or team including himself, against the basic spirit

of game for some consideration or pecuniary gain or otherwise, and inter-alia

includes,-

(i)

instances where a player receives some consideration or pecuniary

gain to under-perform or not to perform as per capacity;

(ii)

instances where a player himself places bet in relation to the outcome

of a match or the sporting events;

(iii)

instances where a player shares information including inter-alia the

composition of team, ground conditions, weather, probable result etc.

to a betting syndicate; or

(iv)

instances where a player alters ground conditions, for consideration or

pecuniary gain other than legal remuneration;

Explanation.- For the purposes of this clause, ‘player’ means and includes every person

involved in the organization of the game or match in whatever capacity

including official, manager, physio-instructor, coach, referee, umpire,

ground-men etc.

(k)

"organized gambling syndicate" means a group of two or more persons, acting

singly or jointly, as a syndicate or gang, organize, manage or control gaming

or betting or match fixing or spot fixing as a continuing activity;

(l)

“public place" means any place intended for use by or accessible to the public

and includes any public conveyance;

(m)

“Sanhita” means the Bharatiya Nagarik Suraksha Sanhita, 2023 (Central Act

46 of 2023);

(n)

“State Government” means the Government of the State of Haryana in the

administrative department;

(o)

"spot fixing" means intentional manipulation of specific event or incident

within a sporting event, whether or not such manipulation impacts the final

outcome of the event, by any person for pecuniary or other wrongful gain.

(2)

Words and expressions used but not defined in this Act shall have the same meaning

assigned to them in the Sanhita and the Information Technology Act, 2000 (Central Act 21 of 2000).

Penalty for

gambling.

(1)

Whoever indulges in gambling at a public place or in a common gambling house or

is found therein, shall be liable for imprisonment which may extend to one year or with fine up to

ten thousand rupees or with both.

(2)

Whoever has been previously convicted of an offence punishable under sub-section (1)

and is subsequently found guilty of an offence punishable under said sub-section, shall be punished

for the second or subsequent offence with imprisonment for a term which shall not be less than one

year but which may extend to three years and shall also be liable to fine which shall not be less

than ten thousand rupees.

(3)

Where in trial of an offence punishable under this section, it is proved that any

person was present in a common gambling house, it shall be presumed, unless the contrary is

proved, that he was present there for the purpose of gambling and shall be punished accordingly.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

(1)

Whoever, being the owner, occupier or keeper of a common gambling house or

who indulges in financing, directly or indirectly for the operation of a common gambling house,

shall be liable to imprisonment for a term which shall not be less than three years but which may

extend to five years and shall also be liable to fine up to one lakh rupees.

(2)

Whoever has been previously convicted of an offence punishable under sub-section (1)

and is subsequently found guilty of an offence punishable under said sub-section, shall be

punished for second or subsequent offence, with imprisonment for a term which shall not be less

than five years but which may extend to seven years and shall also be liable to fine which shall

not be less than two lakh rupees but which may extend to five lakh rupees.

Penalty for

owning or

keeping or having

charge of a

common

gambling house.

(1)

Whoever indulges in match fixing or spot fixing in sports, shall be liable to

imprisonment for a term which shall not be less than three years but which may extend to five

years and shall also be liable to fine which shall not be less than five lakh rupees.

(2)

Whoever has been previously convicted of an offence punishable under sub-section (1)

and is subsequently found guilty of an offence punishable under said sub-section, shall be

punished for second or subsequent offence, with imprisonment for a term which shall not be less

than five years but which may extend to seven years and shall also be liable to fine which shall

not be less than seven lakh rupees.

Penalty for match

fixing and spot

fixing in sports.

Whoever abets for an offence under this Act and if the act abetted is committed in

consequence of the abetment, shall be punished in the same manner as if he himself had

committed that offence under this Act.

Penalty for

abetment.

(1)

Whoever is a member of an organized gambling syndicate, shall be liable to

rigorous imprisonment for a term which shall not be less than three years but which may extend

to five years and shall also be liable to fine of five lakh rupees.

(2)

Whoever has been previously convicted of an offence punishable under sub-section (1)

and is subsequently found guilty of an offence punishable under said sub-section, shall be

punished for second or subsequent offence with rigorous imprisonment for a term which shall not

be less than five years but which may extend to seven years and shall also be liable to fine which

shall not be less than five lakh rupees.

Penalty for being

a member of an

organized

gambling

syndicate.

(1)

Whoever is found indulging in gambling or any other offence under this Act,

refuses or neglects to reveal his identity or gives false identity or cheats by pretending to be some

other person or represents that he or other person is a person other than him or such other person

really is, on being required to do so by a police officer, shall be liable to imprisonment for a term

up to three years or fine of ten thousand rupees or with both.

(2)

Whoever has been previously convicted of an offence punishable under sub-section (1)

and is subsequently found guilty of an offence punishable under said sub-section, shall be

punished for second or subsequent offence, with imprisonment for a term which shall not be less

than three years but which may extend to five years and shall also be liable to fine which shall not

be less than twenty thousand rupees.

Penalty for giving

false identity and

address.

(1)

Any Executive Magistrate or Gazetted Officer of Police having jurisdiction, shall

have the power to authorize a police officer not below the rank of a Sub-Inspector to enter and

search any place and all such persons, upon receipt of credible information or after such enquiry,

as he may think necessary that offence under this Act has been or is being committed.

(2)

Such police officer may arrest any person without warrant and also seize all the

articles and money, etc. which are found therein and being used for the purpose of gambling.

Power to

authorize police

officer to enter,

search and seize.

10. Whenever any instrument of gambling is found in a place being used for gambling, it shall

be presumed that such instrument is being used for gambling and shall be considered as evidence

of the fact that such place including house, enclosure, room, vehicle, vessel was and is being used

by the organized gambling syndicate for gambling or being contrary to this Act, and that the

person found owning, keeping or having the charge thereof, were members of such organized

gambling syndicate until the contrary is proved.

Presumption with

regard to seizure

of instrument of

gambling.

11.

Any instrument of gambling or any other property seized during investigation under this

Act, shall be disposed off as per the provisions of chapter XXXVI of the Sanhita.

Disposal of

instrument of

gambling.

HARYANA GOVT. GAZ. (EXTRA.), APR. 9, 2025 (CHTR. 19, 1947 SAKA)

Attachment,

forfeiture or

restoration of

property.

12.

Any property derived or obtained, directly or indirectly, from the commission of any

offence under this Act, shall be liable to be attached, forfeited or restored as per the provisions

provided under section 107 of the Sanhita.

Witness

indemnified.

13. Any person who being concerned in gambling contrary to this Act, and who is examined as a

witness during the trial of any person for any offence under this Act, and who, upon such

examination, in the opinion of the Court, makes true and faithful discovery, to the best of his

knowledge, of all things as to which he was so examined shall thereupon receive from the said

Court, a certificate in writing to that effect and shall be indemnified under this Act for anything

done before that time in respect of such gambling.

Recovery of

fine.

14.

All fines imposed under this Act shall be recovered as per the provisions provided under

section 461 of the Sanhita.

Protection of

action taken in

good faith.

15.

No suit, prosecution or legal proceeding shall lie before any Court or Authority against any

public servant for anything done or intended to be done in good faith in performance of duty in

pursuance of the provisions of this Act.

Non-

applicability of

Act.

16.

The State Government may, by notification in the Official Gazette, exempt any market from

the application of the provisions of this Act.

Power to

remove

difficulties.

17.

(1)

If any difficulty arises in giving effect to the provisions of this Act, the State

Government may, by order published in the Official Gazette, make such provision, not inconsistent

with the provisions of this Act, as appear to it to be necessary or expedient for removing such

difficulty:

Provided that no order shall be made under this section after the expiry of two years from

the date of commencement of this Act.

(2)

Every order made under this section, shall be laid, as soon as may be, after it is made,

before the State Legislature.

Repeal and

savings.

18.

(1)

The Public Gambling Act, 1867 (Central Act 3 of 1867), in its application to the

State of Haryana, is hereby repealed.

(2)

Notwithstanding any such repeal, anything done or any action taken or purported to

have been done or taken under or in pursuance of the Act so repealed shall, in so far as it is not in

consistent with the provisions of this Act, be deemed to have been done or taken under the

corresponding provisions of this Act.

RITU GARG,

ADMINISTRATIVE SECRETARY TO GOVERNMENT, HARYANA,

LAW AND LEGISLATIVE DEPARTMENT.

11798—L.R.—H.G.P., Pkl.