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Report No. 276

Gaming Related Organisations and Federations:

  • A SMART CARD APPRAOCH must be adopted:-

1. KYC based smart card must be made.

2. Player can invest only 10% of his income as mentioned in Income Tax Return.

3. NRIs would not have any limit to invest.

4. Only those who have attained the age of 18years are allowed to participate.

  • Certain changes need to be made to the existing legislative framework in order to accommodate gambling and betting. The suggested changes include:-

➢ A provision must be incorporated under Section 30 of the Indian Contract Act, 1872 similar to the current exemption in favor of horse racing, to exempt contracts made with licensed gambling or betting operators from the main provision that makes wagering contracts void and unenforceable.

➢ By way of a constitutional amendment, the power to enact and rule on online gaming (both skill and chance) can be entrusted with the Centre while the power to enact and deal with brick and mortar gaming (physical) can be entrusted to the States. The Integrated Gaming License can then be enacted as a central legislation.

➢ For matters where the Parliament does not have the power to make laws for the States, Article 252 of the Constitution of India allows two or more states to approach the Parliament to enact laws regulating such matters which can apply to States which adopt the same by passing a resolution to that effect. This article can be used for making the required legislation.

➢ Section 2(1)(r)(3)(b) of the Consumer Protection Act, 1986 which specifically prohibits the demeanor of any contest, lottery, games of chance or skill for the purpose of promoting any product or interest should be amended or narrowed down.

➢ Section 2(sa) of Prevention of Money Laundering Act, 2002 should be amended to bring all licensed online and offline gaming operators, whether offering games of skill or chance within the definition of 'person carrying out designation business and profession'.

Legal Framework - Gambling and Sports betting including Cricket in India Back

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