Games are the source of frivolous activities that engage some sort of skill of the player which may be physical strength or mental proficiencies. Created for our entertainment the rules as well conditions of play may vary for each game. In order to increase the delight in the game, they may be played for factual money. It is at this stage that they are often disorderly with gambling activities. However, The Apex Court identifies the games where triumph depends on substantial degree of skill and notwithstanding the existence of an element of chance there is obligation of application of skill, are not "gambling"1:

LEGISLATION GOVERNING GAME OF ABILITY

Although gambling/betting remain the matters of fashionable jurisdiction of the applicable State legislature, there are scarcely any state laws which obviouslyorganize a game to be a game of skill. With a pragmatic tactic to deal with the problems posed by the lack of fitting regulation, the Government of Nagaland has passed the Nagaland Prohibition of Gambling as well Promotion of Online Games of Skill Act, 2015 (hereinafter denoted to as "Nagaland Act") and Rules, 2016 (hereinafter referred to as "Rules"). The license delivered under the Nagaland Act and Rules safeguard the fact that a particular online game is a game of skill as well not an act of gambling.

APPLICABILITY

The license issued in agreement to the Nagaland Act and Rules is valid for the operation of the game during India except in the states specifically prohibiting betting/ wagering of any sort i.e. Assam, Telangana, Odisha, and Gujrat.

OBLIGATIONS FOR THE APPLICANT

The Applicant willing to gain the license for game of skill are mandatory to fulfil the following obligations as per the Nagaland Act and Rules viz.:

  • Candidates should have no criminal history;
  • Controlling stake of the aspirant should be in India;
  • Operations of the applicant counting technology support platforms, software serves should endure within the territorial limits of India;
  • Aspirant should submit the application to the Director of State lotteries, Nagaland along with the application fees of INR 50,000/-.

CONCLUSION

In the advanced view, the Nagaland Act and Rules consensus legal protection to the games of skill being played with contribution of stakes, the Nagaland Act. It positively entails advantages to the entrepreneurs elaborate in the business of gaming.

An online gambling website needs you to have a gaming license before you start operating. There may be other certificates you would have to acquire, depending upon the place of your business’s registration.