REGISTERED NO. DL-33004/97 mft dasri** at Mxttn* EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 57] NEW DELHI, WEDNESDAY, OCTOBER 1,1997 / AS VINA 9,1919 Separate paging is given to this Part In order that It may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi,-the \st October, 1997/Asvina 9, 1919 (Saka) THE LOTTERIES (REGULATION) ORDINANCE, 1997 No. 20 OF 1997 promulgated by the President in the Forty-eighth Year of the Republic of India.
An Ordinance to regulate the lotteries and to provide for matters connected therewith and incidental thereto.
WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render il necessary for him to lake immediate action;
NOW, THEREFORfi, In exercise of the powers conferred by clause (1) of article 123 of the Constitution, Ik; President is pleased to promulgate the following Ordinance: —
1. (I) This Ordinance may be called the Lotteries (Regulation) Ordinance, ]997.
(2) II shall extend lo Ihr whole of India.
(3) II shall come into force on ihe 2nd day of October, 1997.
Short title, extent and commencement.
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Dcfini lions. 2. In this Ordinance, unless there is anything repugnant in the subject or context,— 00, .po'tety" means a scheme, in whatever form and by whatever name called, for distribution of prizes by lol or chance to those persons participating In the chances of a prize by purchasing tickets;
(b) "prescribed" means prescribed by rules made under this Ordinance.
Prohibition of lotteriesi
3. Save as otherwise provided in section 4, no Slate Government ahall organise, conduct or promote any lottery.
Conditions subject to which lotteries may be organised, etc.
4, A Stale Government may organise, conduct or promote a lottery, subject to the following conditions, namely:—
(a) prizes shall not be offered on any prcaruiounced number or on the basis of a single digit;
(b) the State Government shaJl print the lottery tickets bearing the imprint and logo of the Stale in such manner that (he authenticity of the lottery ticket is ensured;
(c) Lhe State Government shall sell the tickets either itself or through distributers or selling agents;
(d) the Slate uovcmmcnl itsell shall conduct the draws or all the lotteries;
(e) lhe prize money unclaimed within such time as may be prescribed by the Slate Government or not otherwise distributed, shall become the property of that Government;
(0 <he place of draw shall be located within the State concerned;
(g) no lottery shall have more than one draw in a week;
(h) the draws of all kinds of lotteries shall be conducted between such period of the day as muy be prescribed by the Stntc Government;
(0 the number of bumper draws of a lottery shall not be more than six in a calender year;
0) such olher conditions as may be prescribed by the Central Government.
Prohibition of sale of ticket in a Stale.
5. A State Government may, within the Stale, prohibit the sale of tickets of a loticry organised, conducted or promoted by another State.
Prohibition of organisation, etc., of loticry.
<S. The Central Government may, by order published in the Official Gazette, prohibit a lottery organised, conducted or promoted in contravention of the provisions of section 4 or where tickets or such lottery art bold in contravention of the provisions of section 5.
Sue. 1] THE GAZETTE OP INDIA EXTRAORDINARY 3
7. If any person acts as an agent, a promoter or trader in any lottery organised, conducted or promoted in contravention' of the provisions of this Ordinance or sells, distributes or purchases the ticket of such loltcry, he shall be punishable with rigorous imprisonment for a term which may extend to iwo years or with fine or with both.
Penalty.
8. The offence under this Ordinance shall be cognizable and non-bailable. Offences to bo cognizable and nonbailable.
9. (/) \yhere an offence under this Ordinance has been committed by a company, every person who at the liine the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to bo guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in ibis sub-section shall render any such person liable to any punishment if he proves thai the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such ofl'cnce.
(2) Notwithstanding anything contained in sub-section (7), where an offence under this Ordinance has been committed by a company and it is proved that ihc offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Explanation.—For the purposes of this section—
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(fr) "director", in relation to a firm, means a partner in the firm.
Offences by companies.
10. The Central Government may give directions to the State Government as to carrying into execution in the State of any of the provisions of this Ordinance or of any rule or order made thereunder.
Power to give directions.
11. (I) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Ordinance.
(2) Every notification issued by the Central Government, and every rule made by it, shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, bolh Houses agree in making any modification in the notification or rule, or both Houses agree that the notification or rule should nol be made, ihc notification or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice lo the validity of anything previously done under lh.il nniifii.viiioii or rule.
Power of Central Government to make rules.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—Sec. 1] Power of Stale Oovenunenl lo make rules.
12. (7) The Stale Government may, by notification in the Official Gazette, make rules to cany out the provisions of this Ordinance.
(2) In particular and wilhoui prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) time to be fixed for claiming prize money under clause (e) of subsection (2) of section 4;
(b) period to be fi\cd for draws of all lotteries under clause (h) o[ subsection (2) of section 4; and
(c) any other matter which fa required to be, or may be, prescribed.
(3) Every rule made by the Stale Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislaure where it consists of two Houses, or where such Legislature consists of one House, before that House.
K. R. NARAYANAN, President.
JC L. MOHANPUKIA, Secy, to the Govt of India.
miN-n-n BV THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTO ROAD, NEW URLHI AND V.'UL";KI"''> m \ HE f OTITRO, ; EH OI "UUI.ICA-I IONS, DELHI 1997.