GAMING ORDINANCE

Arrangement of Sections

1. Short title.

2. Unlawful gaming an offence.

3. Keeping, permitting to be kept, or managing a common gaming place an offence.

3A. Power to prohibit the importation of certain instruments or appliances.

3B. Prohibition of the possession or manufacture of instruments or appliances the importation of which is prohibited.

3C. Conclusive evidence of the fact that an instrument or appliance is one the importation of which is prohibited by Order made under subsection (1) of section 3A.

4. Persons found committing unlawful gaming may be arrested.

5. Search warrant against premises.

6. Magistrate may himself enter and search.

7. Presumptive proof of unlawful gaming.

8. Presumptive proof against occupier.

8A. When an article is deemed to be in the possession of a person.

9. Charge for unlawful gaming.

10. Charge for keeping a common gaming place.

11. Magistrate may order demolition of structural contrivances for facilitating gaming.

12. Liability of licensee of licensed premises willfully permitting unlawful gaming therein.

13. Liability of licensee of licensed premises kept as a common gaming place.

14. Examination of offenders.

15. Offences under the Ordinance cognizable.

16. No offence to play billiards, bagatelle.

17. Reward to informer.

18. No person to be prosecuted for act done under the Ordinance, save with Attorney-General's permission.

19. In civil actions express malice must be proved.

20. Rules under the Pradeshiya Sabha Act saved from the operation of this Ordinance.

21. Certain provisions of the Ordinance not to apply to clubs, rest houses, and licensed hotels.

22. Interpretation.

SCHEDULE

17 of 1889,

37 of 1917,

3 of 1946,

26 of 1957,

48 of 1961,

40 of 1988.

AN ORDINANCE to provide for the more efficient suppression of unlawful gaming and of common gaming places.

[Date of Commencement: 30th June, 1890]

1. Short title.

This Ordinance may be cited as the Gaming Ordinance.

2. Unlawful gaming an offence.

Whoever commits unlawful gaming shall be punished with fine not exceeding one hundred rupees, or with rigorous imprisonment for a term which may extend to six months, or with both.

3. Keeping, permitting to be kept, or managing a common gaming place an offence.

Whoever—

(a) being the owner or occupier, or having the use temporarily or otherwise thereof, keeps or uses a place as a common gaming place; or

(b) permits a place, of which he is owner or occupier, or of which he has the use temporarily or otherwise, to be kept or used by another person as a common gaming place; or

(c) has the care or management of, or in any manner assists in the management of, a place kept or used as a common gaming place,

shall be punished with fine not exceeding five hundred rupees, or with rigorous imprisonment for a term which may extend to one year, or with both.

3A. Power to prohibit the importation of certain instruments or appliances.

(1) The Minister may, by Order published in the Gazette, prohibit the importation into Sri Lanka of any instrument or appliance that may be used for the playing of any game of chance or of mixed chance and skill.

(2) The provisions of this section shall be read and construed as one with the Customs Ordinance and for the purpose of the application of that Ordinance, any instrument or appliance the importation of which is prohibited by Order made under subsection (1) shall be deemed to be goods the importation of which is prohibited by enactment.

(3) No Order made by the Minister under subsection (1) shall come into force until it has been approved by Parliament.

[S 3A ins by s 2 of Act 26 of 1957.]

3B. Prohibition of the possession or manufacture of instruments or appliances the importation of which is prohibited.

(1) No person shall possess or manufacture any instrument or appliance the importation of which is prohibited by Order made under subsection (1) of section 3A.

(2) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding one year or to both such fine and imprisonment.

[S 3B ins by s 2 of Act 48 of 1961.]

3C. Conclusive evidence of the fact that an instrument or appliance is one the importation of which is prohibited by Order made under subsection (1) of section 3A.

(1) Where in any proceedings in any court it has to be determined whether any instrument or appliance is an instrument or appliance the importation of which is prohibited by Order made under subsection (1) of section 3A, a certificate under the hand of the officer who is or is acting as, the Government Factory Engineer to the effect that the first-mentioned instrument or appliance is an instrument or appliance the importation of which is prohibited by such Order shall be received in those proceedings as conclusive evidence of the facts stated therein.

(2) The officer who issues a certificate under subsection (1) shall not be examined or cross-examined with respect to that certificate.

(3) Every certificate issued under subsection (1) shall be in the following form:

I,---------Government Factory Engineer, */Acting Government Factory Engineer, do hereby certify that I have examined the instrument or appliance marked--------and that it is an instrument or appliance the importation of which is prohibited by the Order made under subsection (1) of section 3A of the Gaming Ordinance and published in Gazette No. +----- of % ----

Signature:

Date:

[* Delete inapplicable words.

+ State the number of the Gazette.

% State the date of the Gazette.]

[S 3C ins by s 3 of Act 48 of 1961.]

4. Persons found committing unlawful gaming may be arrested.

All Grama Seva Niladharis and police officers and all Municipal Council, Urban Council and Pradeshiya Sabha Inspectors are authorised to arrest and to take before the Magistrate's Court having jurisdiction, any person whom he shall find committing the offence of unlawful gaming; and if he deem it advisable, to search such person so arrested, and to seize any instruments or appliances of gaming found with him or upon him or near him, and to carry the same before the Magistrate's Court having jurisdiction.

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