No: 31 Dated: Jul, 22 1976

Maharashtra Casinos (Control and Tax) Act, 1976

ACT No. XXXI OF 1976

    An Act to provide for the control and regulation of casinos, and to impose a tax on betting in casinos, in the State of Mahrashtra.

    WHEREAS it is expedient to provide for the control and regulation of casinos, and to impose a tax on betting in casinos, in the State of Maharashtra ;

It is hereby enacted in the Twenty-seventh Year of the Republic of India as follows :—

1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Casinos (Control and Tax) Act, 1976.

(2) It extends to the whole of the State of Maharashtra.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions:- In this Act, unless the context otherwise requires,—

(a) “casino” means a public place which provides or is used or is intended to be used for playing, organising or exhibiting casino games ;

(b) “casino games” means all or any of such games of wagering or betting, including games of chance played by means of any machine or instrument, as may be prescribed from time to time ;

(c) “place” includes a building or a room or any other portion of a building, or a tent, enclosure, space, vehicle or vessel ;

(d) “public place” includes a place to which the public have or are permitted to have access, whether on payment or otherwise ;

(e) “prescribed” means prescribed by rules made under this Act.

3. Licensing of casinos and exemption of licensed casinos from Bom. IV of 1887:- (1) No casino games shall be played, organised or exhibited by any person at any public place, except at a casino in respect of which a licence is granted in accordance with the provisions of this Act and such licence is in force.

(2) Nothing in the Bombay Prevention of Gambling Act, 1887, shall apply to a casino licensed under this Act or to any casino games played, organised or exhibited at such casino.

4. Application for licence for casino and grant or refusal of such licence:- (1) Every person desiring to obtain a licence referred to in sub-section (1) of section 3 shall make an application in writing to the State Government, in such form and manner as may be prescribed.

(2) On receipt of such application, the State Government may, after making such inquiry as it considers necessary, by order in writing, either grant the licence or refuse to grant the licence without assigning any reasons :

Provided that, where the State Government refuses to grant a licence, it shall put on its record a brief statement of the reasons for such refusal.

(3) The fees on payment of which, the period for which, and the conditions subject to which, a licence may be granted shall be such as may be prescribed.

(4) The State Government may, on application made to it, renew the licence granted under this Act, on payment of the fee prescribed for renewal of a licence or refuse to renew any such licence without assigning any reasons ; but the reasons for such refusal shall be stated on its record.

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