Panaji, September 4: The Enough is Enough (EiE) movement has intensified its campaign against alleged illegalities in Goa’s casino industry, serving what it described as a “last reminder” on the Gaming Commissioner and other senior government and police authorities and demanding action within seven days against the alleged entry of tourists into casinos without permits mandated under the Goa Public Gambling Act, 1976.

 

In a detailed seven-page representation dated September 3, EiE has raised a fundamental question: if the Gaming Commissioner says rules required to exercise his statutory powers have not been framed, who is issuing the tourist permits on the basis of which tourists are entering Goa’s land-based and offshore casinos?

The letter has been addressed to the Home Secretary, Gaming Commissioner, North Goa District Magistrate, South Goa District Magistrate and Inspector General of Police. It bears receipt endorsements from several of the authorities.

EiE President Govind Shirodkar and General Secretary Devidas Amonkar have warned that failure to act could result in proceedings before the Goa Lokayukta and/or criminal complaints against public servants for alleged failure to discharge their statutory duties.

Gaming Commissioner’s Response Triggers Fresh Challenge

The latest representation follows a letter EiE had addressed to the Gaming Commissioner on July 8, pointing to alleged violations of Sections 13B, 13A and 13D of the Goa Public Gambling Act.

According to EiE, it subsequently received a letter dated August 5 on behalf of the Commissioner of State Tax, who has been notified as the Gaming Commissioner, stating that since the required rules had not been framed, the Commissioner could not exercise powers under Section 13D.

EiE has now turned that response into the central basis of its challenge to the existing casino regulatory system.

The organisation pointed out that Section 13D sets out the powers, duties and functions of the Gaming Commissioner. These include exercising overall control over authorised gaming, maintaining records, ordering closure or sealing of gaming premises, taking custody of vessels, issuing tourist permits and granting permissions to authorised persons, agencies or registered hotels to issue such permits.

According to EiE, if the absence of rules prevents the Gaming Commissioner from exercising these powers, it follows that tourist permits cannot presently be issued by the Commissioner or through authorised agencies.

That, the organisation argues, raises serious questions over the legal basis on which tourists are currently being allowed into casinos.

‘No Tourist Can Enter Casino Without Permit’

EiE has specifically relied upon Sections 2(7) and 2(8) of the Goa Public Gambling Act dealing with the definitions of “tourist” and “tourist permit”.

It contended that the statutory scheme requires a tourist entering a designated casino gaming area to hold a valid tourist permit issued under the Act.

“Thus no tourist can enter a casino without a tourist permit,” the representation states.

EiE therefore asked the authorities to explain how tourists are entering both land-based casinos and offshore casino vessels if, as stated on behalf of the Gaming Commissioner, the necessary rules have not been framed and the Commissioner is consequently unable to exercise the relevant powers.

Rules Allegedly Pending Since 2020

The movement has also questioned why rules required for implementing the amended provisions have allegedly remained unframed for years.

EiE pointed out that Sections 13B to 13L were inserted through the Goa Public Gambling (Amendment) Act, 2012. According to the representation, these provisions became operational with effect from February 1, 2020, while the Gaming Commissioner was notified by the government under Section 13C.

Section 17A empowers the government to frame rules to carry out the purposes of the Act, including matters concerning regulation of gaming and permissions contemplated under Section 13D.

EiE alleged that despite the relevant provisions having been brought into force in February 2020, the necessary rules have still not been framed.

It has gone further and alleged that the prolonged failure to frame the rules, while casino operations continue, “appears to be a case of quid-pro-quo”. This is an allegation made by the organisation and has not been independently established.

Mandovi Casino Vessels Also Targeted

The representation is not restricted to tourist permits.

EiE has reiterated its contention that offshore casino vessels operating in the River Mandovi are in violation of provisions of the Goa Public Gambling Act, arguing that the vessels are required to operate in Goa’s territorial waters.

It said it had previously written to the Inspector General of Police on July 8 alleging illegal gaming aboard casino vessels in the Mandovi as well as in five-star hotels and asking the police to register cases.

According to EiE, it received no response from the IGP.

The movement said a similar representation had been made to Chief Minister Dr. Pramod Sawant in his capacity as Home Minister regarding the alleged illegal operation of casino vessels, gaming activities in five-star hotels and the alleged failure of the Gaming Commissioner to act.

EiE also referred to its June 1 communication to the Governor of Goa concerning gaming aboard vessels in the Mandovi. It claimed that no response had been received from the Governor’s office either.

EiE Alleges ‘Systematic Silence’

Citing these communications, EiE has accused constitutional and government authorities of “systematic silence or non-action” in discharging their responsibilities under the gambling law.

The organisation has also drawn attention to Section 5 of the Act, which it says confers powers on specified magistrates, the Gaming Commissioner and senior police officers to enter and search premises where there is credible information concerning an alleged common gaming house, as well as to seize gaming instruments and take persons into custody in circumstances prescribed by law.

EiE’s contention is that authorities cannot cite the Gaming Commissioner’s inability to exercise certain functions as a reason for complete inaction when other statutory enforcement provisions exist.

Seven Days to Stop Entry Without Permits

EiE has now called upon the five authorities to act within seven days of receiving the September 3 letter.

Among its principal demands is that authorities stop tourists from entering casinos without tourist permits issued by the Gaming Commissioner and prosecute, where offences are established under law, those responsible for operating casinos as well as persons entering in violation of the statutory requirements.

It has also demanded action concerning offshore casino vessels and alleged violations of the Gambling Act.

The movement alleged that continued failure by government functionaries to exercise their statutory responsibilities amounts to facilitating illegalities. It described the latest representation as its “last reminder.”

Lokayukta, Criminal Complaints Next: EiE

The letter concludes with a strong warning to the officials concerned.

EiE said that if no action is taken under the Goa Public Gambling Act against alleged offenders, it would consider pursuing proceedings against the concerned public servants before the Goa Lokayukta and/or filing criminal complaints over their alleged failure to discharge statutory duties.

The September 3 representation comes alongside a separate letter addressed to Chief Minister Sawant in which EiE has given the government 15 days to respond and act over similar alleged violations.

The controversy therefore now centres on a crucial regulatory question raised by EiE: if statutory tourist permits cannot be issued because the necessary rules have not been framed, under what authority are tourists presently being admitted to Goa’s casinos?