India: Gaming Commissioner appointment and Possible Ban on Goa residents Corporate Newsletter

August 21, 2018
ISSUE No. 34
August 21, 2018

India: Gaming Commissioner appointment and Possible Ban on Goa residents: Casino Industry

online gaming


There was a hike earlier this year in the annual license fees for casinos in Goa by more than 100%.

Ban on Local residents

The Chief Minister of Goa – Mr. Manohar Parikar has been reported[1] to state that in order to regulate the state’s casino gambling industry, the residents of Goa might be restricted from entering local casinos from next year and only tourists will be allowed.

Relocation of Riverboat casinos:

Goa has about 15 different operational casinos. Nine of these operational casinos are on shore and six of them are riverboat casinos which float across the Mandovi River. The riverboat casinos are planned to be relocated to dry land in accordance with the new casino policy which is currently being drafted.[2]

Appointment of Gaming Commissioner:

Mr. Parikar has also been reported to state that the above-mentioned c, monitoring its development, etc. He mentioned that further details about the appointment will notified by the end of the year.

Mr. Parikar also stated that as per the new casino policy the casinos will operate from designated entertainment zones and the relevant licenses to operate will be valid for 10-15 years.


The appointment of Gaming Commissioner, ban on locals from entering local casinos and relocation of riverboat casinos would be major steps in the revamping of casino policy in Goa. If the casino industry can be regulated properly then it has the potential to reap a lot of revenue for the Government.






India: TRAI says Personal Data belongs to Users, Telecom Companies mere custodians

Telecom Regulatory Authority of India Act(TRAI)


Recently, Telecom Regulatory Authority (TRAI) gave noteworthy recommendations on ‘Privacy, Security and Ownership of Data in the Telecom Sector’. In the recommendations, the major recommended point was that the users have the primary right over their personal information and the entities controlling or processing this data are mere custodians who should be brought under a data protection framework to protect consumers from the misuse of their personal data.

The recommendations assume significance as issues around data protection have come into the spotlight, and privacy concerns have amplified in the wake of the recent Facebook data leak fiasco.

Some of the proposals given by TRAI in its 77 pages of recommendations are:

  • All entities in the digital ecosystem, which control or process the data, should be restrained from using meta-data to identify the individual users.
  • To protect telecom consumers against the misuse of their personal data by the broad range of data controllers and processors in the digital ecosystem, all entities in the digital ecosystem, which control or process their personal data, should be brought under a data protection framework.
  • For the benefit of telecommunication users, a framework, on the basis of the Electronic Consent Framework, should be notified for telecommunication sector also. It should have provisions for revoking the consent, at a later date, by users.
  • Data Controllers should be prohibited from using “preticked boxes” to gain users’ consent. Clauses for data collection and purpose limitation should be incorporated in the agreements.
  • Devices should disclose the terms and conditions of use in advance, before sale of the device.
  • All entities in the digital ecosystem, including telecom service providers, should transparently disclose the information about the privacy breaches on their websites along with the actions taken for mitigation, and preventing such breaches in future.
  • The Right to Choose, Notice, Consent, Data Portability, and Right to be Forgotten should be conferred upon the telecommunication consumers.
  • The Government should put in place a mechanism for redressal of telecommunication consumers’ grievances relating to data ownership, protection, and privacy.

Cellular Operators Association of India’s Director General, Rajan S Mathews, said that ‘one of the positive take aways from the recommendations is that TRAI has talked about data privacy in the context of devices, operating systems, browsers and applications.’


India: MCA constitutes Committee for reviewing offences under the Companies Act, 2013

Companies Act (MCA)



As per a press release [1], dated July 15, 2018, by the Ministry of Corporate Affairs (hereinafter referred as the ‘MCA’), a 10-member committee has been constituted for the purpose of reviewing offences and penal provisions under the Companies Act, 2013 (hereinafter referred to as the ‘Act’).

Agenda of the Committee:

The Committee has been constituted with the agenda of reviewing of existing compoundable offences under the Act which may need decriminalization when such offences can be dealt with through company’s internal mechanisms. This move has been aimed in order to allow the trial courts to devote more attention on offences that are more serious in nature. This committee shall be chaired by the Secretary of MCA.

Differentiating compoundable and non-compoundable offences:

The press release mentions that the existing compoundable offences under the Act, which include offences that are punishable with fine only or punishable with fine or imprisonment or both, may be examined in respect of whether they can be considered as ‘civil wrongs’ or ‘defaults’ and a penalty may be imposed for first non-compliance/ default and only in subsequent cases of non-compliance/ default it may be categorized as “offence” under the Act which would be triable by a special court.

In case of non-compoundable offences which include offences that are punishable with imprisonment only, or punishable with imprisonment and also with fine as per the Act may be considered for re-categorization as compoundable in nature.

Report of the Committee:

This Committee has to submit its final report/ recommendations within thirty days to the Central Government for further consideration.

Terms of reference:

The press release mentions the following as the terms of reference of the Committee:

  • Examination of acts which constitute compoundable offences under the Act and recommend they may be categorized as such acts which constitute civil liabilities wherein the company and its ‘officers in default’ are liable for penalty;
  • Review of the non-compoundable offences and recommend whether any such provisions require re-categorization as compoundable offences;
  • Examination of penalty mechanisms under the Act and provide recommendations with respect to the same;
  • Providing outline of company’s internal mechanisms whereby penalty may be levied in a system driven manner;
  • Formulation of draft changes in the law; and
  • Any other relevant matter.


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