Gambling Act, 2020 E
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Gambling Act, 2020 (1963)
Date of authentication and Publication
2020-2-16 (30 May 1963)
Amendment
Republic Strengthening and Some
Nepal Laws Amendment Act, 2066 2066-10-7 (21 Jan. 2010)
Act Number 1 of the year 2020
An Act made to impose prohibition against
gambling or causing gambling.
Preamble: Whereas, it is expedient to impose restrictions o gambling or causing
gambling for economic interest and good conduct of Nepalese citizens.
Now, therefore, be it enacted by His Majesty the King Mahendra Bir
Birkram Shah Dev on the advice and with the consent of Rastriya Panchyat.
1. Short Title, Extent and Commencement: (1) This Act may be called"
Gambling Act, 2020".
(2) This Act shall extend throughout …° Nepal.
(3) This Act shall come into force on Bhadra 1, 2020.
2. Definition: In this Act,’ gambling’ means any game of chance which is
played upon laying a wager for gaining or losing money.
Provided that, this expression shall not include any public lottery
organized under the permission of the Government of Nepal and any game
played in any public fair or exhibition for entertainment.
° Omitted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
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3. Prohibition against gambling or causing gambling: (1) No person
shall commit an act of gambling, causing gambling or make arrangements
for gambling berth (Khal Thapne) or shall use or cause to use any building,
room or place which is entitled to, possessed or controlled by him/her for
gambling or causing for gambling nor shall any person him/herself seat on
gambling spot (den).
(2) If a person finds or knows an act or activity punishable pursuant
to Sub-section (1), is being committed or going to be committed, he/she
shall not conceal the fact thereof nor shall aid or abet anyone in the
committing such an offence.
4. Imposition of penalty on the person who commits or causes to
commit an act prohibited under Section 3: If a person commits or
causes to commit an act prohibited under Section 3 shall be liable to
following penalty for each offence;
(a) He/ She shall be liable to a fine not exceeding with Two
Hundred Rupees for committing the offence for first time, an
imprisonment from one month to Three months for second
time and an imprisonment of One year from third time.
Provided that, in the course of specifying the period of
imprisonment for an first time offender for failing to pay the
fine, such an offender shall not be imprisoned more than
Two months despite the period of imprisonment may be
calculated more than Two months while specifying the
imprisonment in lieu of a fine so imposed.
(b) If a person uses or causes to use any building or room or
place which is entitled to, possessed or controlled by him/her
for the purpose of gambling or using for gambling, he/she
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shall be liable to a fine not exceeding with Three Hundred
Rupees for committing the offence for first time and shall be
liable to an imprisonment from Three months to Nine months
from second time.
(c) If a person lends money to any one for gambling in the spot
of gambling, such a transaction shall be void and the lender
shall be liable to a fine with an additional half of the said
money.
(d) If a person commits or causes to commit any other act, he/she
shall be liable to a fine up to Fifty Rupees.
5. Confiscation of all goods used for gambling: All the cash and goods
which is used, or brought or kept with an intention of using it for an act
punishable under Section 4 shall be confiscated.
6. No penalty for the complainaint ( first information reporter):
(1) Notwithstanding anything contained in Section 4, if a person who has
committed an act prohibited under section 3 him/herself reports regarding
the said act to the Prosecuting Authority before his/her arrest and agrees to
be a witness, such a person shall not be punished.
(2) Notwithstanding anything contained in Clause (d) of Section 4, if
a court deems that a person, who may be punished pursuant to the said
Clause has given true statement about the offence, the court may not
impose a punishment on him/her.
7. Reward to the complainaint (first information reporter): The
complainant who reports offence prohibited under Section 3, shall be
rewarded Thirty percent amount of the fine collected from the offender
pursuant to Section 4 of a case instituted from his/her report.
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8. Specific provision on gambling: (1) Notwithstanding anything
contained in other Sections of this Act, where the government of Nepal
permits gambling upon specifying a particular location or an area, no
person shall be prosecuted and punished for the commission and causing
the commission of an act as referred to in Section 3 under this Act
accordingly.
(2) While granting permission pursuant to Sub-section (1)
Government of Nepal may specify necessary terms and co itions.
9. Modification: The words "BARKHAASE JUWA"(all season gambling)
mentioned in other prevailing Nepal Laws have been substituted by the
word "gambling".
10. Limitation: A law suit for an act which is punishable offence under this
Act shall have to be filed within a period of Thirty Five days of the cause of
action and after the expiry of the said limitation no case shall be
entertained.