The Sports (Online Gaming and Prevention of Fraud) BILL, 2018
The Sports (Online Gaming and Prevention of Fraud) BILL, 2018
The Sports (Online Gaming and Prevention of Fraud) BILL, 2018
CLAUSES
21. Maintenance of Accounts relating to Online Sports Gaming by the License.
22. Conditions of the License.
23. Request by the Commission for Investigation.
24. Foreign Direct Investment in Online Sports Gaming.
25. Rule-making Powers of the Commission.
CHAPTER IV
MISCELLANEOUS
26. Overriding Effect.
27. Power to Remove Difficulties.
28. Laying Period for Rules made under this Act.
1
BILL
to establish an effective regime to maintain the integrity of Sports in India by preventing
and penalizing Sports Fraud, regulation of Online Sports Gaming; and for matters
connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
5 1. (1) This Act may be called the Sports (Online Gaming and Prevention of Fraud) Short title,
Act, 2018. extent and
commencement.
(2) It extends to the whole of India, except the State of Jammu and Kashmir.
2
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) "appropriate authority" means a person or organization designated as such
by the Central Government; 5
(b) "bet" with all its grammatical variations means any money or a valuable
security or a thing staked by a person on behalf of himself or through an agent or any
person procured or employed, acting for or on his behalf, to be lost or won on the
happening or determination of an unascertained thing, event or contingency of or in
relation to a game or sport and shall include acceptance of a bet; 10
(e) "inside information" means any information not in the public domain and
includes information—
(i) not already published or is a matter of record, about a sporting event
including information concerning the condition of the field of play or strategy or
any injury or any other factor affecting the sporting event, and 20
(i) "licensee" means any person who has been granted a license to install and
operate Online Gaming Server, and any other activity to facilitate Online Sports Gaming';
(j) "member" means a participant of the National or State or domestic sports team
or sporting event and includes support personnel, umpires, match officials and any
other person deriving commercial benefit from the team or event; 35
(k) "National Sports Federation" means an autonomous body which regulates a
sport at the national level and recognized by the Central Government, and includes
any body designated by the Central Government as a National Sports Federation for
the purposes of the Act;
(l) "Online Gaming Server" means any main frame computer or set of computers, 40
installed or maintained by the Licensee, that accepts, processes, stores and validates
transactions arising out of Online Sports Gaming, and which manages, monitors and
controls the entire system of Online Sports Gaming;
(m) "Online Gaming Website" means the internet domain registration or URL
address of the Licensee through which Online Sports Gaming is conducted; 45
(n) "Online Sports Gaming" means games involving the prediction of the results
of a sporting event and placing a bet on the outcome, in part or in whole, of such
sporting event, by means of a telecommunication device;
3
(vi) a person, who is a citizen of India, omits to perform the duty imposed on him
under section 4;
(vii) a participant of an international sporting event, who is a citizen of India, or
any person on his or her behalf, wilfully misrepresents the age or any other qualifications
of the participant, as required for such event; 20
Provided that any sporting event recognized or sanctioned by the Board of Control for
Cricket in India, held in India and outside India, shall be deemed to be a domestic sporting
event and an international sporting event, respectively, for the purposes of this act.
Explanation I.—For the purpose of this section, the expression "gratification" shall
have the same meaning as is assigned to it in section 7 of The Prevention of Corruption Act, 25
1988.
Explanation II.—For the purpose of this section, the expression "sports result" includes
the margin of victory or loss.
Duty to 4. Whoever gets any information as to the commission of any of the acts referred to in
Inform. clauses (i), (ii), (iii) and (v) of sub-section (1) of section 3, and in cluases (i), (ii), (iii), (iv), (v) and 30
(vii) of sub-section (2) of section 3, shall forthwith or within such time as may be prescribed,
give the information regarding the same to the appropriate Authority or to the police as the
case may be, or to the team management or the National Sports Federation, in writing:
Provided that the team management or National Sports Federation, shall inform the
appropriate authority or the police, as the case may be, within three working days of receiving 35
such information:
Provided further that for the purpose of this act, the Board of Control for Cricket in
India shall be deemed to be the National Sports Federation for the sport of cricket:
Provided also that for purpose of this act, the Indian Olympic Association shall be
deemed to be the National Sports Federation for an olympic sport. 40
Investigation 5. (1) Every Sports Fraud in relation to a domestic sporting event shall be investigated
of Sports by any officer in charge of a police station, having jurisdiction over the local area within the
Fraud.
limits of which such offence is said to have been committed, in accordance with provisions
of the Code of Criminal Procedure, 1973
(2) Every Sports Fraud in relation to an international sporting event shall be investigated 45
by the appropriate authority.
5
(3) The appropriate authority shall, for the purposes of this Act, have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit in
respect of the following matters, namely:—
(a) discovery and inspection;
5 (b) enforcing the attendance of any person, including any officer of a reporting
entity and examining him on oath;
(c) compelling the production of records;
(d) receiving evidence on affidavits;
(e) issuing commissions for examination of witnesses and documents; and
10 (f) any other matter which may be prescribed.
6. Whoever commits the offence of Sports Fraud shall be punishable— Punishment
for Sporting
(a) where such Sports Fraud relates to clauses (i), (ii), (iii) of sub-section (1) of Fraud in
section 3 or clauses (i), (ii), (iii), (iv), (v), (vii) of sub-section (2) of section, with Relation to a
imprisonment for a term which may extend to five years and with fine of ten lakhs or Sporting
Event.
15 five times the economic benefits derived by the person from sporting fraud, whichever
is greater;
(b) where such sports fraud relates to clauses (iv) of sub-section (1) of section 3
or clauses (vi) of sub-section (2) of section 3, with imprisonment for a term of not
exceeding three years and with fine of rupees five lakhs or three times the economic
20 benefits derived by the person from sporting fraud, whichever is greater;
(c) where such Sports Fraud relates to clauses (v) of sub section (1) of section 3
or clause (vii) section (2) of section 3, with imprisonment for a term not exceeding one
year and with fine of rupees two lakhs or three times the economic benefits derived by
the persons through such misrepresentation, whichever is greater;
25 7. A person who abets the commission of the offence of sporting fraud shall be Abetment of
punishable with the same punishment as provided for the offence. Sports Fraud.
Explanation—For the purpose of this section, the expression "abets" shall have the
same meaning as is assigned to the expression "abetment of a thing" in section 107 of the
Indian Penal Code, 1860.
30 8. (1) Where any offence punishable under this Act has been committed by a company, Offences by
every person who, at the time the offence was committed was in charge of, and was responsible companies.
to, the company for the conduct of the business of the company, as well as the company,
shall be deemed to be guilty of the offence and shall to be proceeded against and punished
accordingly:
35 Provided that nothing contained in this sub-section shall render any such person
liable to any punishment, if he proves that the offence was committed without his knowledge
or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence
punishable under this Act has been committed by a company and it is proved that the
40 offence has been committed with the consent or connivance of, or is attributable to any
neglect on the part, of any director, manager, secretary of other officer of the company, such
director, manager, secretary or other officer shall also be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation—For the purposes of this section,—
45 (a) "company" means any body corporate and includes a firm or other association
of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
6
Cognizance of 9. (1) No court shall take cognizance of an offence under this Chapter except on—
offences.
(a) a complaint filed by a person from a National Sports Federation in-charge of
implementing its anti-corruption code or rule in such manner as may be prescribed;
(b) a complaint filed by a person after giving notice of not less than sixty days,
in such manner as may be prescribed, to the appropriate authority or to the police, as 5
the case may be, of the alleged offence and of his intention to make a complaint to the
court;
(c) a report of a police officer on completion of investigation under Section 173
of The Code of Criminal Procedure, 1973;
(d) a report filed by the appropriate authority on completion of investigation. 10
CHAPTER III
REGULATION OF ONLINE SPORTS BETTING 15
The Online 11. (1) The Central Government shall constitute a Commission, to be known as the
Sports Online Sports Gaming Commission, to exercise the powers conferred upon, and to perform
Gaming
the functions assigned to it, under this Act.
Commission.
(2) The Commission shall consist of a Chairperson, Vice Chairperson and five members
to be nominated by the Central Government, with at least one expert from the field of law, one 20
expert in the field of cyber technology and one person with experience in law enforcement.
(3) the Central Government shall provide the Commission with a Secretary and such
officers and employees as may be necessary for the efficient performance of the functions of
the Commission under this Act.
(4) The salaries and allowances payable to, and the other terms and conditions of 25
service of, the officers and other employees appointed for the purpose of the Commission
shall be such as may be prescribed by the Central Government.
Composition 12. (1) The Chairperson and every member of the Commission shall hold office for a
of the Online period of three years from the date such person assumes office.
Sports
Gaming (2) The Chairperson or a member may, by writing under his hand addressed to the 30
Commission. Central Government, resign from the office of Chairperson or as the case may be, of the
member at any time.
(3) The Central Government shall remove a person from the office of Chairperson, Vice
Chairperson or a member referred to in sub-section (2) if that person—
(a) becomes an undischarged insolvent; 35
16. (1) A License, unless it is cancelled or surrendered, shall remain in force for such Cancellation
period, not exceeding five years, as may be specified in it. or Surrender
of the
(2) A Licensee may surrender the License through a notice in writing to the Commission. License.
(3) The cancellation, surrender, or expiry of a License shall not affect any liability for
35 anything done or omitted to be done before the date on which it ceases to have effect.
17. An applicant for the License shall pay to the Commission such amount as may be Fee for the
prescribed as application fee for the grant of the License. License.
18. The License shall not be capable of being assigned in any form or in any manner. Non-
assignment of
the License.
19. The Commission may, on application made to it, renew the License granted under Renewal of
40 this Act, on payment of the fee prescribed for renewal of a License or refuse to renew any the License.
such License after assigning the reasons for refusal in written order.
8
Suspension or 20. (1) The Commission may, at any time, after giving the Licensee a reasonable
Cancellation opportunity of being heard, suspend or cancel the License on any one or more of the
of the
License.
following grounds, namely:
(i) That there has been a breach of any of the conditions subject to which the
License was granted. 5
(ii) That the Licensee has contravened any of the provisions of this Act or rules
made thereunder.
(2) Whenever a License is suspended or cancelled, the Commission shall record the
reasons for such suspension or cancellation and furnish a copy thereof to the person whose
License has been cancelled or suspended. 10
(3) If the Licensee is found to have breached any of the conditions of the License,
then the Licensee be punished with such fine as may be prescribed.
Maintenance 21. The Licensee shall maintain accounts relating to Online Sports Gaming in such
of accounts manner and submit it to the Commission as may be prescribed.
relating to
Online Sports
Gaming by
the Licensee.
Conditions of 22. (1) If any person, other than the Licensee while engaging in Online Sports Gaming 15
the License. through Online Gaming Website, commits a breach of any of the conditions of the License as
exhibited or of the rules to be observed in playing such games, such person shall be punished
with fine as may be prescribed.
(2) The Licensee shall exhibit on the approved website, the conditions subject to
which the License was granted, and all rules governing the conduct of Online Sports Gaming. 20
Request by 23. (1) The Commission may request the police to investigate any acts of violations of
the
the sections under this Chapter.
Commission
for (2) It shall be lawful for any police officer, not below the rank of Deputy Superintendent
investigation.
of Police, to search premises and to seize materials in accordance with the provisions of the
Code of Criminal Procedure, 1973. 25
Cognizable 24. All offences under this chapter shall be cognizable and bailable.
and bailable
offences.
Foreign 25. The Central Government may, by notification permit Foreign Direct Investment
Direct
including technological collaboration in licensed Online Sports Gaming, subject to any
Investment in
Online Sports conditions or restrictions as may be prescribed.
Gaming.
Rule-making 26. (1) The Commission may, in consultation with the Central Government, make rules 30
powers of the for carrying out purposes of Chapter III of this Act.
commission.
(2) In particular and without prejudice to the generality of the foregoing power, the
Commission may provide rules for all or any of the following matters, namely—
(i) The form and manner of making an application for a License, the fees to be
paid for its grant or renewal, and the conditions subject to which it may be granted; 35
(ii) The manner of keeping accounts relating to Online Sports Gaming, the form
in which and the intervals at which they shall be submitted to the Commission;
(iii) The restrictions or conditions with regard to the age or other conditions of
the persons who may be employed for Online Sports Gaming or may be permitted to
play such games online or otherwise take part in the organization or exhibition of such 40
games;
9
10
FINANCIAL MEMORANDUM
Clause 11 of this Bill provides for establishment of the Online Sports Gaming
Commission. The Bill, therefore, if enacted, would involve expenditure from the Consolidated
Fund of India. It is estimated that a recurring expenditure of about one hundred crore per
annum from the Consolidated Fund of India.
No non-recurring expenditure is likely to be involved.
11
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clauses 11, 25 and 28 of the Bill empower the Central Government and the Online
Sports Gaming Commission, respectively to make rules for carrying out the purposes of this
Bill. As the rules will relate to matters of detail only, the delegation of legislative power is of
a normal character.
12
LOK SABHA
————
BILL
to establish an effective regime to maintain the integrity of Sports in India by preventing
and penalizing Sports Fraud, regulation of Online Sports Gaming; and for matters
connected therewith or incidental thereto.
————
MGIPMRND—2415LS(S3)—24-12-2018.