Statement of Objects and Reasons.-The primary object of this Bill, which has been prepared at the desire of the Lieutenant Governor of the North-Western Provinces and of the Chief Commissioner of British Burmah, is to repress public gambling in large towns situate in the territories respectively under their governments, without, at the same time giving rise to oppression and other malpractices on the part of the Police.
In those territories, as the law stands, persons cannot be prosecuted for gambling or - keeping gaming-houses and can only be punished under the Indian Penal Code, section 290, if it can be shown that their acts cause "common injury", danger and "annoyance to the public". This, of course, is a matter of such difficulty that these persons practically enjoy an immunity from punishment.
The present Bill is founded on sections 56-66 of the Towns Police Act No. XIII of 1856, which correspond with sections 10-15 of the Act No. XXI of 1857. The Calcutta and Howrah Police and Conservancy Act [now entitled "The Howrah Offences Act, 1857"]. These sections 10-15, have, in the form of rules, been for some years in force in Oudh, the Central Provinces and the Punjab, and they have been found to work satisfactorily. It is obviously desirable to convert these rules into express legislative enactment, and this Bill, if it become law, will effect that object. A similar Act has recently been passed by the Governor of Bombay in Council under the present Bill, houses will only be searched by an Officer of Police not below the rank of Inspector, and under the authority of a warrant from a Magistrate with full powers.
An Act to provide for the punishment of public gambling and the keeping of common gaming-houses in the [United Provinces, East Punjab, Delhi] [Substituted by A.O. 1948, for "North-Western Provinces of the Presidency of Fort William, and in the Punjab, Oudh".] [and the Central Provinces] [Substituted by Act 1 of 1903, for "the C.P. and British Burma".].
Preamble .Whereas it is expedient to make provision for the punishment of public gambling and the keeping of common gaming-houses [in the United Provinces, East Punjab, Delhi and the Central Provinces] [Substituted by A.O. 1948, for "in the territories, respectively, subject to the Governments of the Lieutenant-Governor of the North-Western Provinces of the Presidency of Fort William and of the Lieutenant-Governor of the Punjab, and to the administrations of the Chief Commissioner of Oudh, and of the Chief Commissioner of the Central Provinces".];
It is hereby enacted as follows:-
Short title given by the Amending Act, 1897 (5 of 1897).
[Himachal Pradesh].In the Preamble, after the words Central Provinces, insert and Himachal PradeshH.P. (Application of Laws) Order, 1948, Cl. 3 and Sch. (w.e.f. 25-12-1948).