SHILLONG:
The controversial Meghalaya Regulation of Gaming Act, 2021, was repealed by the Meghalaya Assembly on the last day of the Budget Session.
It may be mentioned that the Act passed by the Meghalaya Democratic Alliance (MDA) 1.0 saw opposition from various social organisations, pressure groups and the Church, compelling the new government to repeal it.
Voice of the People arty (VPP) legislator for Nongkrem, Ardent Miller Basaïawmoit while moving an amendment for deleting clause 3 of the Meghalaya Regulation of Gaming (Repeal) Bill, 2023, which is the “saving clause”, said that passing the repealing bill with the inclusion of the saving clause will defeat the purpose of bringing the bill itself.
“It seems that this bill with inclusion of this saving clause is only to hoodwink the people because there has been protest from different quarters of the state against this Act brought by the government,” he said.
He said that it is made to understand that applicants for licences (provisional) have been issued to three individuals, and if the saving clause is included, he asked, what would be the fate of those licensees.
According to him, the clause reads, “The Repeal of the Meghalaya Regulation of Gaming Act, 2021 and Meghalaya Regulation of Gaming (Repeal) Ordinance, 2022 by section 2 shall not – (a) revive anything not in force or existing at the time of such repeal; or (b) affect the previous operation of the Repealed Act, Rules framed there under, Orders or anything duly done or suffered there under; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the Repealed Act or Orders under such Repealed Act; or (d) affect any license fee or any sum of money or fee by whatever name called, realized by Government or persons duly appointed by Government, in respect of anything done under the provision of the Repealed Act; or (e) affect any investigation, inquiry, adjudication or any other legal proceedings initiated, completed and Orders passed under the Repealed Act instituted before such repeal.”
Basaïawmoit said that he felt that it should have come in the form of Meghalaya Prevention of Gambling, which means the House bans it completely.
He said that including the saving clause created doubts in the minds of the people with respect to the licensees who received provisional licenses.
In his reply, Abu Taher Mondal, minister in-charge Taxation, informed that eight individuals had applied for the licenses out of which three were granted provisionally and ultimately two submitted their bank guarantees.
“The term of their provisional licenses has already expired and one of the licensees had already withdrawn his bank guarantee also,” the Minister informed the House.
He also said that the other individual who has not yet withdrawn his bank guarantee may soon do so or the government may ask him to withdraw it.
Mondal also said that, as a matter of precaution, the government introduced the saving clause as it was necessary that such provision be provided in the repeal bill to prevent any future challenge to the actions taken by the government and the officials while carrying out the activities necessary for implementation of Act and the Rules.
He said clause 3 provides for savings of the Meghalaya Regulation of Gaming Act, 2021.The purpose of the saving clause in the legislation is to protect and safeguard all the rights and action previously taken, any order or direction issued under the repeal provision of the Meghalaya Regulation of Gaming Act, 2021, and Meghalaya Regulation of Gaming Rules, 2021.
“The saving clause of Meghalaya Regulation of Gaming (Repeal) Bill, 2023, is proposed in terms of section 6 of the General Clauses Act, 1897, and also is a valid legislative exercise by the government based on the policy consideration. Therefore, the saving clause found in the proposed bill is necessary to be retained and may not be deleted,” Mondal told the House.