In a significant development, the state government has taken a resolute stance against the operation of casinos within its jurisdiction. On Friday, a decisive move was made by the government to abolish the Maharashtra Casino (Control and Tax) Act 1976, a piece of legislation that had remained inactive since its inception. The Act, which dates back to 1976, had not been enforced due to the absence of operational guidelines and procedures. Despite receiving approval from the governor at the time of its creation, subsequent official notifications were never issued.
Long-Dormant Act Revoked
Speaking on the matter, an official from the home department highlighted that casino operators who were eager to establish their businesses in Mumbai had pursued legal actions based on the provisions outlined in the Act. However, the government's recent decision to nullify the Act effectively eliminates the potential for further legal disputes, ultimately bringing clarity to the government's position on the issue.
The official noted, "The government has grappled with the question of permitting casino operations on numerous occasions, often exercising caution to avoid potential backlash."
Pending Proposals and Clarity of Government's Standpoint
Presently, there are several pending proposals submitted to the tourism department by various operators. These proposals cite provisions from the Act as the basis for seeking permission to establish casinos. The recent action to repeal the Act by the Eknath Shinde-led government serves to definitively communicate the government's stance on the matter.
Elaborating on the specifics, the official explained, "While the Act provided definitions, restrictions, penalties, and the minimum age for casino entry, it lacked the comprehensive regulations necessary for guiding its execution. The absence of such regulations likely contributed to delays in achieving compliance."
Legal Mandate Prompted by the Judiciary
Back in 2015, a public interest litigation compelled the Bombay High Court to direct the state government to clarify whether it intended to enforce the law governing casinos. Responding to this judicial directive, the home department initiated cross-departmental discussions. Notably, the Maharashtra Tourism Development Corporation advocated for casino operations, highlighting their potential to bolster tourism and generate revenue.
Chronology of Decision-Making
The road leading to the current decision involved several stages. Former Chief Minister Devendra Fadnavis rejected the proposal upon receiving it. Subsequently, the tourism and culture department proposed the establishment of a committee to assess the feasibility of permitting casinos. This proposition emerged following a meeting spearheaded by Narhari Zirwal, the deputy speaker of the legislative assembly, who championed the cause of casinos in July 2021. Ultimately, in February 2023, the state government reached a conclusive verdict, officially deciding to prohibit casinos within its jurisdiction.
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