Lotteries (Regulation) Act: Section 13 – Repeal and saving

(1) The Lotteries (Regulation) Ordinance, 1998 (Ord. 6 of 1998), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.

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.

Simplified Explanation

This section deals with the legal transition from the Lotteries (Regulation) Ordinance, 1998 to the Lotteries (Regulation) Act, 1998. It ensures that the actions taken under the Ordinance before the Act came into force are not rendered invalid.

Key Provisions

Sub-section (1): Repeal of the Ordinance

• Provision:
  • The Lotteries (Regulation) Ordinance, 1998 (Ord. 6 of 1998) is repealed with the enactment of the Lotteries (Regulation) Act, 1998.
  • The Ordinance was an executive order issued earlier in 1998, and now it is being formally replaced by the Act.
• Purpose:
  • Repealing the Ordinance allows for the formalization of the legal framework established by the Act. It ensures that the provisions of the Act, which have undergone legislative scrutiny, become the primary law governing lotteries in India, superseding any temporary or executive measures introduced through the Ordinance.

Sub-section (2): Saving Clause

• Provision:
  • Despite the repeal of the Ordinance, anything done or action taken under the Ordinance will be deemed to have been done under the corresponding provisions of the Lotteries (Regulation) Act, 1998.
• Purpose:
  • This saving provision ensures continuity in the legal process and operations. It ensures that any actions, decisions, or legal measures taken under the Ordinance will be considered valid as though they were taken under the new Act.
  • This prevents any legal vacuum or disputes about actions taken under the Ordinance, thus maintaining consistency in the legal framework.

Illustrative Example

• Transition from Ordinance to Act:
  Suppose a State Government had issued rules or conducted a lottery draw under the Lotteries (Regulation) Ordinance, 1998 before the Act came into force. Thanks to the saving clause, these actions are automatically deemed valid under the new Lotteries (Regulation) Act, 1998 without requiring any additional legal steps.
• Validity of Previous Actions:
  If a lottery was conducted or a prize was claimed under the Ordinance’s provisions, the saving provision ensures that such actions remain legally valid under the Act, and there is no need to nullify or redo those actions.

Legal Implications

1. Smooth Transition:
   • The repeal of the Ordinance and the saving clause ensure a smooth legal transition from temporary or executive regulations to a more stable, legislatively approved Act. This is a common practice when ordinances are replaced by Acts, allowing for continuity of legal procedures and actions.
2. Legal Certainty:
   • This provision prevents any potential legal confusion or disruption by affirming that past actions, taken under the now-repealed Ordinance, are not invalidated but are automatically considered to have been taken under the new Act.
3. Retrospective Effect:
   • The saving clause gives the Act retrospective effect in terms of the actions taken under the Ordinance, ensuring legal continuity even though the law has changed.

Key Takeaways

1. Repeal of Ordinance:
   • The Ordinance that was in force prior to the Act is formally repealed, and its provisions are replaced by the provisions of the Lotteries (Regulation) Act, 1998.
2. Legal Continuity:
   • The saving clause ensures that actions taken under the Ordinance are deemed valid under the Act, preserving legal continuity.
3. No Legal Disruptions:
   • There is no need for retroactive legal corrections or redoing actions taken under the Ordinance, as they are automatically considered valid under the new law.

Conclusion

Section 13 ensures a seamless transition from the temporary Lotteries (Regulation) Ordinance, 1998 to the permanent Lotteries (Regulation) Act, 1998. It guarantees that actions taken under the Ordinance remain legally effective and treated as though they were carried out under the Act, thus maintaining continuity and legal stability.