(1) This Act may be called the Lotteries (Regulation) Act, 1998.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 2nd day of October, 1997.
The primary goal of the Lotteries (Regulation) Act is to bring the lottery industry under government control, ensuring that it operates within a legal framework that protects consumers and promotes responsible gaming practices. By regulating how lotteries are conducted, the Act seeks to prevent fraud and exploitation while allowing states to generate revenue through legitimate lottery operations.
| Act Id | 199817 |
| Act Number | 17 |
| Enactment Date | 1998-07-07 |
| Act Year | 1998 |
| Ministry | Ministry of Home Affairs |
| Enforcement Date | 02-10-1997 |
Simplified Explanation
Sub-section (1): Short Title
- Meaning: The law is officially named the Lotteries (Regulation) Act, 1998.
- Purpose: The short title provides an easy way to reference the legislation in legal documents and discussions.
Sub-section (2): Extent
- Meaning: The Act applies to the entire territory of India.
- Implications:
- It uniformly regulates lotteries across all states and union territories in India.
- However, as lotteries are a state subject under Entry 40 of the State List in the Constitution of India, states have the discretion to allow or prohibit lotteries within their jurisdiction.
- Some states permit lotteries (e.g., Kerala, Sikkim), while others ban them entirely.
Sub-section (3): Commencement
- Meaning:
- The Act is deemed to have come into effect from October 2, 1997, even though it was enacted in 1998.
- This is an example of retrospective legislation, where a law is applied to events or activities that occurred before its formal enactment.
- Reasoning for Retrospective Effect:
- To cover any regulatory gaps and ensure continuity in oversight of lotteries.
- This was likely done to address loopholes or unregulated practices between October 1997 and the Act’s passage in 1998.
Why Section 1 is Important
- Jurisdiction: It establishes that the law is enforceable nationwide.
- State Autonomy: While it extends to the whole country, states retain the power to decide whether to allow or ban lotteries.
- Historical Context: The retrospective commencement date suggests the government aimed to regulate lotteries before the Act’s formal passage, indicating the urgency to control malpractice and promote fair practices.
