Law soon to regulate functioning of casinos

by ABDUL RAUF BEIG
Posted on 2009-01-15
PANAJI- Concerned over allegations of illegalities in casino gambling and noting that the laws were inadequate to deal with any illegalities in casino gambling the government has decided to enact suitable legislation in an attempt to regulate the functioning of on-shore and offshore casinos operating in the state. The new legislation is likely to be brought during the upcoming session of the state assembly beginning early next month.
The new legislation is sought to be enacted to provide for inspection of casinos, both onshore and offshore, and to make up for discrepancy in the existing law (Goa, Daman and Diu Public Gambling Act, 1976), which had no provision for checking of casinos. The new legislation would help curb any illegality, if committed by the casino operators.
According to sources in the government, the proposed legislation provides for appointment of a gambling inspection committee consisting of an officer not below the rank of under-secretary to ensure that casino gambling was conducted as per the provisions of the act and would have the right to enter and search the place of casino gaming (on-shore and off-shore) at any time of the day or night without any search warrant.
The inspection committee would have the right to not only inspect but also monitor and audit, to the extent that was necessary, the conduct of gambling, equipment and entry receipts. It would also have the right to arrest any person found in places of casino gaming if there were reasonable grounds to believe that the person was committing or has committed an offence.
The proposed legislation also provides for appointment of appropriate authority to grant licences for casinos (under-secretary, home), who shall ensure that all the gaming machines are sealed before issuing licence for operation. The licencee shall be liable for fine of Rs 10 lakh per machine if they are tampered after the licence was issued.
The proposed law further provides that any person carrying out illegal casino gambling or permits a place to be used for illegal casino gambling would be liable for imprisonment for a term which may extend up to two years and/or a fine. Besides, any person found obstructing gambling inspection committee would be liable for imprisonment that may extend up to a minimum term of five years and or fine of Rs 50,000.
The new legislation also provides for the process for obtaining the licences for operation of on-shore (only five-star hotels permitted) and offshore casino gambling.
In case of offshore casino operators, they would have to make their own arrangement for docking/mooring/anchoring the vessels or enter into agreement with captain of ports or private jetty.
While the onshore casino gaming operators would have to pay Rs 25 lakh for processing of licence together with advance annual fee of Rs 1 crore for electronic amusement/slot machines and 25 gaming tables, while in the case of off-shore casino the processing fee for licence would be Rs 25 lakh along with advance annual fee of Rs 5 crore. There would be no-limit on the number of electronic amusement/slot machines on offshore casinos. The licencees in all cases would have to deposit in government treasury an amount equal to one year’s annual recurring fee as security deposit.
As per the provision in the proposed legislation an entry fee of Rs 500 could be charged from non-occupant player in the casino operated in five-star hotel and for any player in offshore casino vessel. In case of local outsider the fee would be Rs 1,000. The proposed new law also provides that offshore casino could operate for 24 hours of the day while the casinos in five-star hotels would be allowed to operate from 11 a.m. to 6 a.m.
The proposed legislation bars government employees or employees of the licencees from indulging in casino gaming, even as it provides that the licencee would have to disclose the payout ratio of the respective casino game. It also provides that if any private security agency was appointed by the casino gaming operator the same should be registered with the government.