Tamil Nadu Governor R.N. Ravi on Monday, April 10, 2023, granted his assent to the re-adopted Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, 2022 (L.A. Bill No. 53 of 2022)1. Chief Minister M.K. Stalin told the Assembly the law would be published in the Tamil Nadu Government Gazette the same day1. The legislation is also referred to as the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2023, effective on 10 April 20232.
The bill was first adopted in the Assembly on October 19, 20221. The Governor returned it on March 6, saying it was ultra vires the Constitution and against the judgments of courts, after holding it for 131 days with notes1. The Assembly reintroduced the bill on March 23 and adopted it once again in March before sending it back to the Raj Bhavan1. Stalin said the assent was a "good consequence" of a resolution on the Governor adopted by the Assembly earlier that day1.
The Chief Minister said the bill was drafted on the recommendations of a committee headed by retired Madras High Court judge Justice Chandru and the School Education Department, and after consultations with others1. He also cited Union Minister for Information and Broadcasting Anurag Singh Thakur's statement in Parliament on March 21, 2023 that states were empowered to enact laws banning online gambling under Section 34 of the 7th Schedule of the Constitution1.
"The Bill was drafted not only with our intelligence but also with our heart. We may have political differences, which is natural. But anyone with a heart will not have two views on banning online gambling, which has been claiming lives."
Under the law, poker and rummy were categorized as games of chance2. The Act defines "online gambling" as online wagering or betting, including playing any online game of chance for money or other stakes in any manner2. Local online games providers must pay INR100,000 (approximately USD1,189) as a registration fee, and a certificate of registration is valid for three years unless suspended or revoked2. A five-member Tamil Nadu Online Gaming Authority was constituted in August 20232.
What it means for players
The Act applies to online wagering and betting on games of chance in Tamil Nadu, and it covers playing such games for money or other stakes2. Poker and rummy were listed as games of chance under the law2. The law also provides for registration of local online games providers2. For a wider picture of how Indian states treat gambling, see Where Gambling Is Allowed in India, State by State and Can I Gamble in India?. The practical effect of the ban on players is set out in What India's Online Gaming Ban Means for Players, and the position across the region is covered in Online Gambling in Asia: The Law for Players in 12 Jurisdictions.
What happens next
The Hindu reported that the law would be published in the Tamil Nadu Government Gazette on April 10, 20231. A five-member Tamil Nadu Online Gaming Authority was constituted in August 20232. On 9 November 2023, the High Court of Madras struck down the prohibition on rummy and poker as unconstitutional2. The Supreme Court set aside the findings of the Madras High Court and Karnataka High Court which held that Entry 34 of List II is restricted to games of chance, and struck down the Schedule to the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Gaming Act, 2022/2023, including poker and rummy as prohibited games of chance3.
