THE TAMIL NADU ONLINE GAMING AUTHORITY AND REGULATION of ONLINE GAMES RULES, 2023.

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© GOVERNMENT OF TAMIL NADU

[Regd. No. TN/CCN/467/2012-14.

[R. Dis. No. 197/2009.

[Price: Rs. 4.80 Paise.

No. 134] CHENNAI, FRIDAY, APRIL 21, 2023 Chithirai 8, Sobakiruthu, Thiruvalluvar Aandu-2054

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

HOME DEPARTMENT

(Police-VII)

THE TAMIL NADU ONLINE GAMING AUTHORITY AND REGULATION OF ONLINE GAMES RULES, 2023.

[G.O. Ms. No. 192, Home (Pol.VII) 21st April 2023, சித்திரை 8, சோபகிருது, திருவள்ளுவர் ஆண்டு-2054.] No. SRO A-17(b)/2023

In exercise of the powers conferred by sub-section (1) of section 24 of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Tamil Nadu Act 9 of 2023), the Governor of Tamil Nadu hereby makes the following Rules, namely:-

RULES

CHAPTER-I

PRELIMINARY

1. Short title and commencement.− (1) These rules may be called the Tamil Nadu Online Gaming Authority and Regulation of Online Games Rules, 2023.

(2) They shall come into force on the 21st day of April 2023.

2. Definitions.— (1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Tamil Nadu Act 9 of 2023);

(b) "Appellate Authority" means the Appellate Authority established under sub-section (1) of section 13 of the Act;

(c) "appointed day" means the date of coming into force of the Act;

(d) "Gaming Authority" means the Tamil Nadu Online Gaming Authority established under section 3 of the Act;

[ 1 ]

III-1(a)Ex. (134)2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY (2) Words and expressions used in these rules and not defined but defined in the Information Technology Act, 2000 (Central Act 21 of 2000) shall have the same meaning assigned to them in that Act.

CHAPTER-II

REGISTRATION OF LOCAL ONLINE GAMES PROVIDER AND NON-LOCAL ONLINE GAMES PROVIDER

3. Application for Certificate of Registration.− (1) Every person who intends to provide any service for the conduct of any online game, whose central management and control of the service will be located in this State or host such service in this State or every local online games provider who is providing any service for the conduct of any online game immediately before the appointed day, shall, make an application within thirty days therefrom for grant of certificate of registration to the Gaming Authority in Form-I.

(2) The application for grant of certificate of registration shall be accompanied by a fee of Rs.1,00,000/- (Rupees one lakh only) by way of demand draft or banker's cheque drawn in favour of the Secretary, Tamil Nadu Online Gaming Authority, Chennai.

(3) The application as in Form-I, complete in all respects together with enclosures mentioned therein, shall be sent to the Secretary, Tamil Nadu Online Gaming Authority, Chennai by registered post or online.

(4) The Gaming Authority shall, on receipt of an application under sub-rule (1), either grant or refuse to grant certificate of registration, within a period of fifteen days from the date of its receipt:

Provided that no application for grant of certificate of registration shall be refused unless the applicant has been given an opportunity of being heard.

(5) Every certificate of registration issued by the Gaming Authority shall be in Form-II.

4. Issue of Show-cause notice to Local online games provider.− (1) If the Gaming Authority is satisfied that the certificate of registration issued to any Local online games provider has been obtained by misrepresentation or fraud or the holder of certificate of registration has, failed to comply with the conditions subject to which the certificate has been issued or contravened any of the provisions of the Act, the rules or regulations made thereunder, may issue a show cause notice in Form-III to the online games provider, as to why the certificate of registration may not be revoked.

(2) The Local online games provider shall furnish his reply within fifteen days from the date of receipt of the show cause notice.

(3) On expiry of the said period of fifteen days, the Gaming Authority, taking into consideration the reply, if any received from the Local online games provider shall pass order, either accepting the reply or revoking the Certificate of Registration, giving reasons therefor.

5. Issue of Show-cause notice to Non-Local online games provider.− (1) The Gaming Authority may, if the Non-local online games provider fails to comply with any of the restrictions specified in section 14, issue a show cause notice in Form- IV to the Non-local online games provider, as to why further action may not be taken under sub-section (2) of section 15 of the Act to block access to the persons in this State to the service provided by him.

(2) The Non-local online games provider shall furnish his reply within fifteen days from the date of receipt of the show cause notice.

(3) On expiry of the said period of fifteen days, the Gaming Authority taking into consideration, the reply, if any, received from the Non-local games provider, shall pass order, either accepting the reply of the online games provider or pursue further action as per sub-section (2) of section 15 of this Act.

CHAPTER-III

THE TAMIL NADU ONLINE GAMING AUTHORITY

6. Appointment of Chairperson and Members of the Gaming Authority.− (1) The Chairperson and Members of the Gaming Authority shall be appointed by the Government and shall hold office for a term of five years from the date of assuming office or until they attain the age of seventy years, whichever is earlier:

Provided that the Chairperson or a Member may relinquish his office by giving in writing under his hand addressed to the Government.

(2) The Chairperson or a Member shall not be eligible for re-appointment.

7. Disqualification.− No person shall be appointed or continue to be in service, as the Chairperson or a Member of the Gaming Authority, if he, −

(i) has entered into or contracted a marriage with a person having a spouse living; or

(ii) having a spouse living, has entered into or contracted a marriage with any person; or

(iii) has been adjudged as an insolvent; or

(iv) has been convicted of an offence which, in the opinion of the Government, involves moral turpitude.

8. Removal of Chairperson or Member.− The Government may, by order, remove the Chairperson or a Member from his office, if he,−

(i) has become physically or mentally incapable of acting as a Member, as is likely to affect prejudicially his function as a Member;

(ii) has acquired such financial or other interest, as is likely to affect prejudicially his function as a Member;

(iii) has so abused his position as to render his continuance in office prejudicial to the public interest; or (iv) has been guilty of proven misbehaviour:

Provided that the Chairperson or a Member of the Gaming Authority shall not be removed from his office unless he has been given an opportunity of being heard.

9. Pay of Chairperson and Members of the Gaming Authority.- (1) The Chairperson of the Gaming Authority shall enjoy the status of the Chief Secretary to Government and shall draw the same pay and allowances as available to the Chief Secretary to Government:

Provided that the pay shall be reduced by the gross amount of pension drawn by him.

(2) Every Member of the Gaming Authority shall receive a pay of Rs.1,00,000/- (Rupees one lakh only) per month.

10. Allowances and other benefits.− Every Member of the Gaming Authority shall receive dearness allowance, city compensatory allowance, leave, leave travel concession, medical treatment, travelling allowance and telephone facility and other allowances at the rate admissible to All India Service Officers drawing an equivalent pay.

11. Leave sanctioning authority.− (1) In the case of the Chairperson of the Gaming Authority, the Government shall be the leave sanctioning authority.

(2) In the case of a Member of the Gaming Authority, the Chairperson of the Gaming Authority shall be the leave sanctioning authority.

12. Accommodation.- The Chairperson and every Member of the Gaming Authority shall receive House Rent Allowance at the rates as admissible to All India Service Officers drawing an equivalent pay.

13. Other conditions of service.- (1) The other terms and conditions of service of the Chairperson and Members of the Gaming Authority (not provided for in these rules) shall be as are applicable to the State Government officers of corresponding status.

(2) The pay admissible to the Chairperson and Members of the Gaming Authority shall not entitle enhancement of pension, if any, already fixed to them.

CHAPTER-IV

APPELLATE AUTHORITY

14. Appointment of Chairperson and Members of the Appellate Authority.- (1) The Chairperson and every Member of the Appellate Authority shall be appointed by the Government. The Chairperson and every member shall hold office for a period of five years from the date of assumption of office or until he attains the age of seventy years, whichever is earlier.

(2) The Chairperson or a Member of the Appellate Authority shall not be eligible for reappointment.

(3) The Chairperson or a Member of the Appellate Authority may relinquish his office by writing under his hand addressed to the Government.

(4) The Chairperson or a Member of the Appellate Authority may be removed from his office by the Government in the interest of public and shall be afforded an opportunity of being heard before such removal.

15. Eligibility for appointment as a Member of the Appellate Authority,− No person shall be appointed as a Member of the Appellate Authority, unless he is a person, −

(i) who has retired from the post of Secretary to Government, Law Department or a District Judge and held the post for a period of not less than two years; or a person who has practiced as an advocate for a period of not less than seven years in the High Court; or

(ii) who has retired from the post not below the rank of an Additional Director General of Police; or (iii) who is an expert having not less than ten years of experience in the field of cyber law; or

(iv) a person who has served in the field of information technology for a period of not less than ten years 16. Disqualification.− No person shall be appointed or continue to be in service, as the Chairperson or a Member of the Appellate Authority, if he, −

(i) has entered into or contracted a marriage with a person having a spouse living; or

(ii) having a spouse living, has entered into or contracted a marriage with any person; or

(iii) has been adjudged as an insolvent; or

(iv) has been convicted for an offence which, in the opinion of the Government, involves moral turpitude.

17. Removal of Chairperson or Member.− (1) The Government may, by order, remove the Chairperson or a Member from office, if he−

(i) has become physically or mentally incapable of acting as a Member, as is likely to affect prejudicially his function as a Member;

(ii) has acquired such financial or other interest as is likely to affect prejudicially his function as a Member;

(iii) has so abused his position as to render his continuance in office prejudicial to the public interest; or (iv) has been guilty of proven misbehaviour:

Provided that the Chairperson or a Member of the Gaming Authority shall not be removed from his office unless he has been given an opportunity of being heard.

18. Pay.− (1) The Chairperson of the Appellate Authority shall receive a pay as admissible to a Judge of the High Court:

Provided that the pay shall be reduced by the gross amount of pension drawn by him.

(2) Every Member of the Appellate Authority shall receive a pay of Rs.1,00,000/- (Rupees one lakh only) per month.

19. Allowances and other benefits.− (1) The Chairperson of the Appellate Authority shall receive dearness allowance, city compensatory allowance, leave, leave travel concession, medical treatment and hospital facility, telephone facility as are applicable to a Judge of the High Court.

(2) Every Member of the Appellate Authority shall receive dearness allowance, city compensatory allowance, leave, leave travel concession, medical treatment and hospital facility, telephone facility as are applicable to All India Service Officers drawing an equivalent pay.

20. Leave sanctioning authority.− (1) In the case of the Chairperson of the Appellate Authority, the Government shall be the Leave sanctioning authority.

(2) In the case of a Member of the Appellate Authority, the Chairperson shall be the leave sanctioning authority.

21. Accommodation.− (1) The Chairperson of the Appellate Authority shall receive House Rent Allowance at the rates as admissible to a Judge of a High Court.

(2) Every Member of the Appellate Authority shall receive House Rent Allowance at the rates as admissible to All India Service Officers drawing an equivalent pay.

22. Other conditions of service.− Other conditions of service of the Chairperson and Members of the Appellate Authority with respect to which no express provision has been made in these rules, shall be referred to the Government for their decision.

CHAPTER-V

MISCELLANEOUS

23. Annual report.– (1) The Gaming Authority shall prepare an Annual report containing summary of its activities during the previous year commencing from the 1st day of April to the 31st day of March of the following year, containing the following details: −

(i) the Gaming Authority in brief;

(ii) mission statement;

(iii) the year in retrospect;

(iv) annual accounts of the Gaming Authority showing receipts and expenditure in brief;

(v) outcome of regulatory measures undertaken;

(vi) work plan for the year ahead;

(vii) number of Certificates of Registration issued; and

(viii) number of show cause notices issued.

(2) The Annual report shall be forwarded by the Gaming Authority to the Government by the 30th day of October every year.

24. Communications to the Gaming Authority and Appellate Authority.− All communications to the Gaming Authority or the Appellate Authority, as the case may be, shall be addressed to the Secretary of the Gaming Authority or the Secretary of Appellate Authority, as the case may be and the Secretary is authorised to represent the Gaming Authority or the Appellate Authority before any authority or Judicial forum.

25. Application of Act and Rules.− (1) The Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (Tamil Nadu Act 14 of 2016), the Fundamental Rules, the Tamil Nadu Leave Rules, 1933 and the Subsidiary Rules thereunder, the Tamil Nadu Government Servants' Conduct Rules, 1973, the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the Special Rules for the Tamil Nadu General Service, the Special Rules for the Tamil Nadu Secretariat Service, the Special Rules for the Tamil Nadu Basic Service and other Rules and Orders for the time being in force applicable to officers and employees under the rule making control of the Government, in so far as they are not inconsistent with these rules, shall govern the officers and staff of the Gaming Authority and the Appellate Authority.

(2) In respect of any matter for which no provision is made in these rules, the relevant Special Rules shall govern the holder of the posts in the Gaming Authority and the Appellate Authority.

26. Power to relax.− The Government shall have the power to relax the provisions of any of these rules in public interest.

ANNEXURE

FORM-I

[see rule 3(1)]

APPLICATION FOR CERTIFICATE OF REGISTRATION [Under sub-section (3) of section 10 of the Act]

To

The Tamil Nadu Gaming Authority,

-----------------------------------------------

Photo of the applicant with sign -----------------------------------------------

-----------------------------------------------

The undersigned hereby applies for obtaining a certificate of registration to provide service for the conduct of Online games in the State of Tamil Nadu.

Encl:

(1) Address proof

(2) Aadhaar proof

(3) Company/Firm details

(4) Other documents as mentioned above with relevant details

Date:

Signature of the applicant:

Place:

Name:

DECLARATION

I, -------------, do hereby declare that the particulars furnished herein above and in the documents enclosed are true and correct to the best of my knowledge and belief and nothing has been falsely stated or concealed therein.

Date:

Signature of the applicant:

Place:

Name:

FORM-II

[see rule 3(5)]

OFFICE OF THE TAMIL NADU ONLINE GAMING AUTHORITY

CERTIFICATE OF REGISTRATION

[Under sub-section (5) of section 10 of the Act]

Registration No:

Date of Issue:

This is to certify that Mr/Ms/Mrs/M/s---------------------------- residing / located at -------------------------------------------------

------------------------ is registered as a Local online games provider under sub-section (5) of section 10 of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022.

2. The said Local online games provider shall provide any service for the conduct of online games subject to the conditions provided under sub-section (5) of section 10 of the said Act.

3. This Certificate is valid for a period of three years from the date of issue.

Signature:

Seal

Name:

FORM-III

[see rule 4(1)]

SHOW CAUSE NOTICE [Under sub-section 1 of section 11 of the Act]

C.No------------------/--------/20-- ,

Dated -----------------

From

To

Sir/Madam,

Sub: Local online games service provider – Cancellation of certificate of

registration – Show cause notice – Issued – Regarding.

Ref: Certificate of Registration No. …...…..…….. / dated ….....…..… issued to

M/s./Mr./Mrs/ ………..

-----

Your attention is invited to the provisions of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Tamil Nadu Act 9 of 2023) and particularly the provisions of section 11 of the said Act. While applying for registration of certificate you have stated that ….. [Specify the substance of misrepresentation]. The said statement is found to be false one. Thus, it is seen that you have obtained the certificate of registration by misrepresentation. * /You have provided online games services to Mr./Mrs./Miss. to play with money exceeding on ………….. exceeding Rs…….., which is the ceiling limit prescribed under the Regulations made by the Gaming Authority * / You have provided online gaming service to one ………. residing at ………., who is under aged*. Thus, you have violated the condition subject to which certificate of registration has been given by this Authority.

Hence, I, by direction, call upon you to show cause within fifteen days from the date of receipt of this notice as to why action shall not be taken against you under sub-section (1) of section 11 of the said Act, for revocation of the certificate of registration. If no reply is received within the aforesaid period, it will be presumed that you have no valid ground to defend and action will be taken based on available records.

2. Pending action as contemplated in para 1, the Gaming Authority is prima facie of the view that you have obtained the certificate of registration by misrepresentation / you have violated the provisions of the said Tamil Nadu Act 9 of 2023 by [Specify the brief substance of allegation] / and your certificate of registration must be suspended, pending final action as per law. Accordingly, the certificate of registration granted in the reference cited is hereby suspended, till final orders passed in this matter.

By order of the Authority

Forwarded by order

Secretary of the Gaming Authority.

*strike out whichever is not applicable.

FORM-IV

[see rule 5(1)]

SHOW CAUSE NOTICE [Under sub-section (1) of section 15 of the Act]

C.No------------------/--------/20-- ,

Dated -----------------

From

To

Sir/Madam,

Sub: Non-Local online games service provider – Show cause notice –

Issued.

Ref: Registration No. ………….. / dated ……… issued to

M/s./Mr./Mrs/ ……….

-----

Your attention is invited to the provisions of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022 (Tamil Nadu Act 9 of 2023) and particularly the provisions of section 15 of the Act. / You have failed to, exercise due diligence* / provide geo blocking in this State. Thereby you have failed to comply with the restrictions specified in section 14 of the Act.

Hence, I, by direction, call upon you to show cause within thirty days from the date of receipt of this notice as to why action shall not be taken against you under sub-section (2) of section 15 of the said Act, to block access to the persons in this State to the services provided by you. If no reply is received within the aforesaid period, it will be presumed that you have no valid ground to defend and action will be taken based on available records.

By order of the Authority

Forwarded by order

Secretary of the Gaming Authority.

*strike out whichever is not applicable.

K.PHANINDRA REDDY, Additional Chief Secretary to Government. PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU