- Introduction
The Game is something which is to play whether by skills or by chance. The game which is played by chance are those where winning is totally dependent upon luck, there is no role of mental or physical skill and results are uncertain. In India, game of chance falls under lottery which is generally prohibited. Whenever the term lottery comes in mind people get lost in the world of dreams. In the developing time, lottery has become an important part of society. But if we look at the society today, there are a lot of failures happening every day under the name of lottery, people are losing their hard-earned money. Due to which gambling, betting and Lottery are considered as immoral means of earning because somewhere it is against the attitude of honest labour and hard work, upon which social happiness is dependent. The Hindi Phrase “Lottery lagi hai Kya?’ is generally used when someone get something without any effort only just by chance or luck.
- Legal Frame work of Lottery
- Lottery in India
In India, Lottery is being enumerated under Entry 40 of List I of the Seventh Schedule of the Constitution of India, has been generally excluded from the ambit of gambling, which is a State subject under Entry 34 of List II of the Seventh Schedule. Accordingly, center had made following Legal frame-work;
| The Lotteries (Regulation) Act, 1998 | Regulates Lottery business |
| Indian Penal Code, 1860 | Keeping Lottery office is Crime[1] |
| Telecom Commercial Communications Customer Preference Regulations, 2010 | Prohibits Unsolicited Commercial Communications” |
| The Cable Television Network Rules, 1994 | Prohibits Advertising Gambling Activities |
| Income Tax Act, 1961 | Imposition of tax on winnings from lotteries, crossword puzzle, races, card games, betting etc.[2] |
| The Consumer Protection Act, 1986 | Included lottery business into ‘Unfair Trade Practice’[3] |
- Lottery in Maharashtra
In Maharashtra in 1958 Section 294A of IPC is been repealed by the Section 33 of Maharashtra Lotteries (Control and Tax) and Prize Competitions (Tax) Act, 1958[1] (w.e.f. 01/02/1269). Later on, 12th April, 1969, State of Maharashtra by the state finance department established the lottery with an objective to stop people from being deceived by illegal lotteries. In Maharashtra according to The Lotteries (Regulation) Act of 1998 state government has the right to print and sell lottery tickets either itself or through authorized selling agents. The selling of lottery tickets became a full-time or part-time business for many unemployed and on other hand poorer are getting more poorer by losing their money in lottery. There are following Maharashtra Government approved Lottery:
- Gajraj Monthly
- GajLaxmi Shani
- Ganesh Laxmi Samruddhi
- Maharashtra Laxmi Weekly Draw
- Surbhi Manga
- Position of Lottery in Maharashtra
The important thing is that horse racing, cricket betting are things that are played by the rich peoples of the society. The chain of gamblers is very wide and the police system to prevent it is very meagre. The money from such illegal activities is causing huge tax losses and crime is on the rise. The money used for the welfare of the society is being wasted. Today, despite the strict laws of the state government, the business is booming illegally.
There are total 13 States like Kerala, Goa, Maharashtra, Madhya Pradesh, Punjab, West Bengal, Assam, Arunachal Pradesh, Meghalaya, Manipur, Sikkim, Nagaland and Mizoram where lotteries are not banned. Although, Center permit only state to run lottery business but number of cases has taken into cognizance that there are unauthorized lotteries running in state. The money from such illegal activities is causing huge tax losses and crime is on the rise. The money used for the welfare of the society is being wasted. Today, despite the strict laws of the state government, the lottery business is booming illegally. For the same reason in 2011 The Finance department had issued the list of 258 legal lotteries following the proliferation of illegal lotteries in the state. The state finance ministry also warned that promoters and distributors of illegal lotteries would be severely punished under Sections 14 (1), 17 and 18 of Maharashtra Tax on Lotteries Act, 2006.[2]
Unlike other states lottery is legal in Maharashtra and under The Lotteries (Regulation) Act lottery is conducted once in a week[3]. It is claimed by the state that the total revenue from the Lottery business is Rs 138 Cr which is ten time lesser than Kerala. There is loss in revenue and also it is difficult to have control over online transactions. The state government has blamed the proliferation of online sales of lotteries from other states, resulting in January, 2020, the Hon’ble Deputy CM and Finance Minister of the state, Ajit Pawar declared the ban on online sale of lottery tickets of other states in Maharashtra[4]. Thus, conclusively the state government needs to tighten the laws and enforce them in the same manner.
Dhananjay Padwal
4th Year Student
BA LLB Pune University
[1] Bombay Act 82 of 1958
[2] Accessed On 19-07-2020: https://timesofindia.indiatimes.com/city/nagpur/Goverment-issues-list-of-legal-lotteries/articleshow/7243947.cms
[3] Section 4(h)
[4]Accessed On 19-07-2020: https://mumbaimirror.indiatimes.com/mumbai/civic/online-lotteries-of-other-states-to-be-banned-in-maha/articleshow/73258510.cms
[1] Section 294A Of Indian Penal Code,1860
[2]Section 115BB
[3]Section 2(1) (r)(3)(b)