Section 4. Keeping common gaming-house.

1[(1)] Whoever- (a) 2[opens, keeps or uses any house, room or place] for the purpose of a common gaming house, (b) being the owner or occupier of any such house, room or place knowingly or wilfully permits the same to be opened, occupied, kept or used by any other person for the purpose aforesaid, (c) has the care or management of, or in any manner assists in conducting the business of, any such house, room or place opened, occupied, kept or used for the purpose aforesaid, (d) advances or furnishes money for the purposes of gaming with persons frequenting any such house, room or place, 3[4[shall, on conviction, be punished] with imprisonment 5[which may extend to two years] 6[and may also be punished with fine]: Provided that- (a) for a first offence such imprisonment shall not be less than 7[three months and fine shall not be less than five hundred rupees ;] (b) for a second offence such imprisonment shall not be less than 8[six months and fine shall not be less than one thousand rupees ; and] (c) for a third or subsequent offence such imprisonment shall not be less than 9[one year and fine shall not be less than two thousand rupees.]] 10[(2) Nothing contained in the provisions of the Probation of Offenders Act, 1958 (XX of 1958), or in sub-sections (1), (4), (5) and (6) of section 360 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to any person convicted under this section.]