TN Governor Gives Assent To Bill Banning Online Gambling

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TN Governor Gives Assent To Bill Banning Online Gambling
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Tamil Nadu Governor RN Ravi has given his assent to a Bill banning online gambling which was adopted in March by the state Assembly for a second time, official sources said on Monday.

Just after the Assembly adopted a resolution urging the central government and President to fix a time frame for state governors to approve Bills adopted by the House, Raj Bhavan sources said Ravi has given his assent to the Bill.

With the Governor clearing the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, a gazette notification would follow.

Hours later, Chief Minister MK Stalin announced in the House that a good outcome of the resolution passed by the Assembly is that Governor Ravi has given his assent to the anti-online gambling Bill.

"The gazattee notification will be issued today," he said. Following the notification, the anti-online gambling legislation is set to come into force in Tamil Nadu.

Advertisement in any form promoting online gambling or playing of online games of chance with money or other stakes is prohibited in the state. The specified online games of chance are rummy and poker.

Those violating the provision on advertisement for promotion or inducing people to play online gambling/games of chance face punishment with imprisonment up to one year or with fine, which may extend to Rs 5 lakh, or both.

In Tamil Nadu, any person indulging in online gambling/online games of chance with money or other stakes shall be punished with imprisonment for a term which may extend to three months or with fine up to Rs 5,000 or both.

Any person who provides online gambling service or games of poker and rummy with money or other stakes shall face punishment with imprisonment for a term which may extend to three years or with fine which may extend to Rs 10 lakh or both.

The Governor 'delaying' assent for the Bill and then returning it led to a fresh face-off between Ravi and the DMK regime. Days after Ravi said the term 'withheld' meant the Bill in question is dead, the Assembly has now passed a resolution asking the central government to fix a time limit for governors to provide assent for Bills.

Following popular outcry against online gambling with several persons choosing to end their lives after landing in debt trap and losing money heavily by playing such games, the government came out with an ordinance last year to ban online gambling.

The ordinance (prohibiting online gambling, wager-based online games of chance of rummy and poker) was promulgated by Governor Ravi on Oct. 1, 2022 and a gazette notification was issued by the government on Oct. 3. Later, on Oct. 19 last year, a Bill to replace the Ordinance was passed by the Assembly and sent to the Governor.

After 131 days, the Bill was returned on March 6, 2023 by the Governor to the Assembly. 'Lack of legislative competence' was among the key reasons outlined by the Raj Bhavan for returning the Bill.

On March 23, the Assembly once again unanimously adopted the Bill to ban online gambling and sent it to Ravi. The government, citing constitutional provisions stoutly defended its move and asserted that it is fully empowered to enact a Bill to ban online gambling.

When the Bill was passed by the Assembly for the second time, legal experts opined the Governor was duty-bound to give his assent.

The background to the promulgation of the ordinance in 2022 and passage of a Bill to replace that was necessitated after the Madras High Court struck down in August 2021, the provisions of the Tamil Nadu Gaming and Police Laws (Amendment) Act 2021 which banned wager or placing bets in cyberspace.

Various political parties and outfits welcomed the Governor's move.