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Legal Casino In Kolkata

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The western portion of British Indian Province, Bengal became West Bengal during the partition of India. This Indian Province is now the only one state to exempt various card games from the banner of gambling. Built in 1820, Kolkata Race Course is the largest horse race venue in India. Royal Calcutta Turf Club maintains it and offers horse races during two sessions. West Bengal Prize Competition and Gambling Act have boosted the card games by excluding them from the definition of gambling and gaming. This Act has also permitted horse racing and has provisions of exemptions for games of skill. Besides, Kolkata Municipal Corporation issued entertainment licenses for games like pool-tables and video games. However, sports’ betting is the other form of gambling here.

CRICKET BETTING

Indians love placing online bets. Betting on cricket is a multimillion-dollar industry, but it is beyond the legalisation bar in most of the Indian states. West Bengal too does not permit it. Yes, the state has changed its stand on sports betting. Under the West Bengal Gambling & Prize Competition Act, 1957, the state bans in front of this game. Another source says that no law prohibits online betting on cricket. For illegal activities, Kolkata police arrested six cricket bookies in March 2015.

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HORSE RACE

Under West Bengal Gambling & Prize Competition Act, 1957, betting on horse racing is out of the ambit of gambling. This game is permitted here upon granting of a license. Kolkata Race Course, the largest horse race venue in India, is a premier horse racing organisation concerning popularity. It is engaged in hosting a large number of prestigious races including Queen Elizabeth Cup and Calcutta Derby. However, the horse races held in KRC from November to March and July to September. Bordered by Nepal, Bhutan, and Bangladesh, the state of Bengali speaking people, annually collects more than 1.5 crore as taxes. Even if there are controversies, horse racing is majorly considered as a game of skill in this state. It involves speed, stamina, and evaluative skills.

LOTTERY

West Bengal organises lottery games under West Bengal State Lottery Rules, 1968, and Lottery Regulation Act, 1998, the West Bengal state. In this agenda, the state government had introduced a law in 2011. As per this act, organisers are likely to pay $1700 for regular draws and around $8500 for bumper draws. This move was taken to control the immense growth of illegal lotteries inside the state. It also helped the cabinet to increase the percentage of tax collections. However, the state has introduced Banglakshmi draw which offers two general drawings every month. Banglakshmi lottery is also instrumental in providing bumper draws during festive seasons.

CARD GAMES

No law in West Bengal prevents gambling on card games. Games like poker, bridge, flush, and rummy appear in front of our eyes if we talk about the card games prevalent in India’s fourth most populous state. Backed by Calcutta High Court, the West Bengal state has released these games from the definition of gambling. A three-judge panel did it under West Bengal Gambling & Prize Competition Act, 1957. It allowed the poker clubs in the state to operate without an apprehension about running an illegal activity. Hence, Indian Poker Association introduced new operations at Kolkata’s Princeton Club. The leading casinos in West Bengal offer a wide range of table and card games to the punters from West Bengal and the nearby states. A significant portion of upper-middle-class Indians finds it as an analytical indoor game. A portion defines it as a right way of spending time instead of going attending parties. Another part sees it as a way of socialising and recreation. Even though the legal atmosphere is not conducive for poker as an indoor game, the popularity of poker is increasing across the state.

AMATOR POKER ROOM

Kolkata is the only one city in India which offers Amator Poker Room to the poker lovers. These are particular kinds of poker rooms which offer extra flexibilities to the players. These gaming centres allow the players to play, walk, hire tables, and food items as per their desire. Vipin Choudhary, a lawyer; Diddy Thacker, a member of Kolkata poker community; and Shashwat Agarwal, a member of Kolkata poker community; had introduced the first Amator Poker Room in the capital city. If you are willing to play this game in Amator Poker Room, you are requested to visit between 12 pm to 9 pm. A PPC director said, “We are not a nightclub. Our concept was to come up with a place where our members can enjoy all days of the week. From the attire of the place to the staff, everything has an international touch. We are offering membership and targeting the 30-plus age group.” But, it has already closed its operations in the city.

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Gambling in India varies by state as states in India are entitled to formulate their own laws for gambling activities. Some states like Goa have legalised casinos. Common gambling activities like organized betting is restricted except for selective categories including lotteries and horse racing.

In the 21st century, more people have started making cash bets upon prohibited betting and gambling activities in India. Critics of gambling claim that it leads to crime, corruption and money laundering. However, proponents of regulated gambling argue that it can be a huge source of revenue for the state. Casinos in Goa contributed Rs. 135 crores to the state revenue in 2013.[1]

Casinos now operate in Goa, Daman and Sikkim.[2]

Legality

Gambling is a state subject, and only states in India are entitled to formulate laws for gambling activities within their respective states. The Public Gambling Act of 1867 is a central law that prohibits running or being in charge of a public gambling house. The penalty for breaking this law is a fine of ₹200 or imprisonment of up to 3 months. Additionally, this Act prohibits visiting gambling houses. A fine of ₹100 or imprisonment of up to one month is the penalty.[3]

Indian law classifies games into two broad categories viz. game of skill and game of chance. The Supreme Court of India has, for instance, held[4]

The game of Rummy is not a game entirely of chance like the ‘three-card’ game mentioned in the Madras case to which we were referred. The ‘three card’ game which goes under different names such as ‘flush’, ‘brag’ etc. is a game of pure chance. Rummy, on the other hand, requires a certain amount of skill because the fall of the cards has to be memorised and the building up of Rummy requires considerable skill in holding and discarding cards. We cannot, therefore, say that the game of Rummy is a game of entire chance. It is mainly and preponderantly a game of skill.

The Information Technology Act 2000 regulates cyber activities in India does not mention the word Gambling or Betting thereby the act was left for interpretation by the Courts which have refused to examine the matter. Further, online gambling is a banned offense in the state of Maharashtra under the 'Bombay Wager Act'.

Only three states allow casinos, Goa , Daman and Sikkim.[5] There are two casinos in Sikkim called Casino Sikkim and Casino Mahjong and 10 in Goa, of which six are land based and four are floating casinos that operate on the Mandovi River. The floating casinos in Goa are Casino Deltin Royale, Casino Deltin Jaqk, Casino Pride and Casino Pride 2. While the first two are controlled by the Deltin Group, the latter two are managed by the Pride Group. According to the Goa, Daman and Diu Public Gambling Act, 1976 casinos can be set up only at five star hotels or offshore vessels with the prior permission of the government. This has led the Deltin Group to open the first land based Casino in Daman which is open now. News reports also suggest that Visakhapatnam is also being looked on as the next casino destination.[6]

Online

Online gambling is in its infancy in India, but Sikkim planned to offer three online gambling licences in 2010. This failed despite India being the most sought out country for online gambling.[7] Sikkim also permits an online lottery, which takes bets from players throughout India. It was expected that other states would follow Sikkim, thereby opening up a major online gambling market throughout India.

Even though Indian casinos cannot promote or have sites that promote online gambling games such as casino, sports betting and bingo, it is not illegal for non-Indian casino companies (so called offshore companies) to have sites that focus on Indian players.[8] Although this is not accurate anymore since January 2020 as the states Telangana and Andhra Pradesh banned all online gambling for Indians. Anyone breaking this new law will receive up to one year in prison or a fine.[9]

Online lotteries are also offered through international lottery websites. The legality of these lotteries is contested but no one has been punished for playing them yet.[10] There have been several Indian winners in online lotteries but none have been punished.[11]

Legalisation

Despite the existing prohibitive legislations, there is extensive illegal gambling throughout the country. The Indian gambling market is estimated to be worth US$60 billion per year, of which about half is illegally bet.[12] According to the Indian National Newspaper, the Chief Executive officer for the International Cricket Council (ICC) said he was in favour of legalising betting in sports. He believes the illegal funds profited are through underground bookies that used the money to fund terrorism and drugs.[13] Many Indian professionals as well as online forums have urged the government to introduce legal but regulated gambling in India to bring the gambling economy out of the grip of mafia and underground dons.[14]

Payment gateways

Kolkata

One of the biggest obstacles faced by sports bettors in India is the fact that depositing to foreign bookies is extremely difficult. Typically, the majority of users deposit to online bookies using Moneybookers or Neteller. Some attempts to deposit using a Visa or MasterCard may fail. The same is true of online bank transfers. In order to circumvent these blocks, savvy internet users have started to use e wallet services for depositing. These services, enable users to fund an online betting account in Rupees. This is important because it avoid legal issues that may have arisen out of F.E.M.A Foreign Exchange law.

See also

References

  1. ^'Goa casinos contribute Rs 135cr revenue in 2012-13 - Times of India'.
  2. ^Reddem, Appaji. 'NRI bets on Andhra Pradesh, moots casino on the Krishna'. The Hindu. Retrieved 20 February 2017.
  3. ^'The Public Gambling Act, 1867'. www.indiankanoon.org.
  4. ^Sayta, Jay (January 1, 2012). 'LEGALITY OF POKER AND OTHER GAMES OF SKILL: A CRITICAL ANALYSIS OF INDIA'S GAMING LAWS'(PDF). NUJS Law Review. Archived from the original(PDF) on November 2, 2013. Retrieved January 3, 2015.
  5. ^Patil, Ajit (28 May 2009). 'Casinos in India'. India Bet. Archived from the original on 9 April 2011. Retrieved 28 October 2009.
  6. ^'Casinos want to gamble on Visakhapatnam'. Deccan Chronicle. 3 November 2014. Retrieved 6 November 2014.
  7. ^Sanjay, Roy (27 October 2009). 'Indian online gambling market set to open up'. India Bet. Retrieved 28 October 2009.
  8. ^'Legal Status & Laws of Online Gambling In India 2021'. Guide2Gambling.in. Retrieved 2021-03-02.
  9. ^Group, Global Legal. 'International Comparative Legal Guides'. International Comparative Legal Guides International Business Reports. Retrieved 2021-03-02.
  10. ^'Indian Lottery Laws'. Online Lotteries. Retrieved 2021-03-02.
  11. ^'Ernakulam native wins 1st prize of 1 million USD in Dubai Duty Free draw'. Mathrubhumi. Retrieved 2021-03-02.
  12. ^Thompson, James (27 October 2009). 'Betfair and William Hill target India'. The Independent. Retrieved 28 October 2009.
  13. ^'Sports Betting Favoured by ICC'. CasinoOnline.net.in. Retrieved 8 August 2011.
  14. ^Ashok, Donnie. 'Jay Sayta, Founder Glaws.in, on how he became an authority in Gambling Laws'. Superlawyer.in. Superlawyer. Retrieved 2014-12-21.
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