• Online lottery from Lottoindia and similar sites, for NRI OCI status person residing in Tamilnadu

I am a NRI/OCI currently residing in India, Tamilnadu and I hold British passport and a bank account in India and UK.
How can I play online lottery from Lottoindia and similar sites from Tamilnadu? Can the amount be deposited in UK account?, and what are the rules depositing the amount in Indian account?
Asked 3 years ago in Business Law

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7 Answers

Sale of lottery is not permitted in Tamil Nadu. “under Section 5 of the Lotteries (Regulation) Act, 1998 (Central Act 17 of 1998), the governor of Tamil Nadu prohibited the sale of tickets within the territory of Tamil Nadu of all lotteries, organised, conducted or promoted by every state, including the state of Tamil Nadu.”

2) if sale of lottery is banned you cannot play online lotteries from TN

 

3) section 7 of lottery regulation act If any person acts as an agent or promoter or trader in any lottery organised, conducted or promoted in contravention of the provisions of this Act or sells, distributes or purchases the ticket of such lottery, he shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both.

Ajay Sethi
Advocate, Mumbai
96985 Answers
7832 Consultations

the Supreme Court held that it was constitutionally valid to discriminate between online and paper lotteries as two distinct classes of lotteries in terms of the Lotteries (Regulation) Act and therefore, a state government may ban online lotteries regardless of the fact that it may be conducting paper lottery schemes. The Supreme Court observed that as long as a state does not itself conduct a particular class of lotteries, it may ban within its territory that class of lotteries conducted by other states.

 

 

 

2) In states like Madhya Pradesh ,Tamil Nadu ,Kerala lotteries are banned 

Ajay Sethi
Advocate, Mumbai
96985 Answers
7832 Consultations

Dear Sir,

1) In Tamil Nadu, nearly all forms of gambling—including lottery—are prohibited by law.

2) Several state governments including Andhra Pradesh, Telangana ,Tamil Nadu and Punjab governments have imposed bans on online gambling apps.

3) Thus even if you go to other states you will have to first check the state legislations.

Thank you

Anik Miu
Advocate, Bangalore
10186 Answers
120 Consultations

No strict rules and regulations govern gambling on the internet.

Buying lottery tickets from international gambling websites is legal in India.

There are several online platforms that sell the tickets of international lottery games like EuroMillions, Powerball, and more.

Many countries, like India, have certain rules and regulations that apply to gambling and physical lotteries. However, online lotteries are not only legal but most popular in the states like Karela, Manipur, Punjab, West Bengal, Maharashtra, etc. On top of that, you don’t have to worry about lotteries now as online lotteries have got all covered. For instance, Lottoland makes it possible for indian lottery lovers to play the India lottery online.

Tax collected at source (TCS) at the rate of five per cent will be imposed on the money remitted outside India.

LRS does not allow buying and selling of foreign exchange abroad, or purchase of lottery tickets or sweepstakes, proscribed magazines and so on.

T Kalaiselvan
Advocate, Vellore
87186 Answers
2341 Consultations

Buying lottery tickets from international gambling websites is legal in India.

There are several online platforms that sell the tickets of international lottery games like EuroMillions, Powerball, and more.

Therefore there is no restrictions for playing online lottery even while in Tamilnadu

T Kalaiselvan
Advocate, Vellore
87186 Answers
2341 Consultations

- In the states like Arunachal Pradesh, Assam, Goa, Madhya Pradesh, Kerala, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Sikkim and West Bengal , Tamil Nadu the online lottery is legal , subject to the minimum age requirement of 18 years on the purchase of a lottery ticket but not on gifting of a lottery ticket.

- Further, as the international lottery not come under the state jurisdiction and as the draw for the lottery takes place outside India , hence online lottery is  not illegal. 

- Further, you can bring the winning amount , but the money will be taxed as your income from other sources/ other country ,and the 40% tax is imposed on such money,

Mohammed Shahzad
Advocate, Delhi
14529 Answers
222 Consultations

You are not banned in participating in lotteries run by other states or other countries. Even though please do understand that , 

Lottery in India is governed by the Lotteries Regulation Act, 1998, according to which the states are allowed to conduct a lottery subject to conditions.

Participation in online foreign lotteries in India is illegal, as FEMA, 1999 does not allow such transactions. Under FEMA, read with Foreign Exchange Management (Current Account Transaction) Rules, 2000 Current Account Rules remittance for the following is prohibited.

a)Remittance out of lottery winnings.

b) Remittance of income from racing/riding, etc., or any other hobby.

c) Remittance for purchase of lottery tickets, banned/ prescribed magazines, football pools, sweepstakes, etc

Ajay N S
Advocate, Ernakulam
4095 Answers
113 Consultations

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