Subject to the provisiqtts of this Act. all totteries are un!awful.
4. Ofl'enees its connection with lotteries—(n Subject to the provisions of this mt‘on.every person who in cmnection with snylottery promoted or proposed (.0 be promoted. either in the State or elsewhere— La) Publishes any proposal to pay say 51.: m. or todellver any_goods. one do or I‘orhes! from data; anything [or theibenefit strut person. on any event or contingency telstwe or sophcahle to the drawing nf'sny ticket, lot. number. colour. or figure in the lottery : or
(b) prints any tickets for use in the lottery : ot- [c] sells or distributes, or offhrs or advertises for sale or distribution. or has in his pqstetstqn for the mumse of sale _.or.sl'tstdhttllsn...sny tichetor chance in the lottery ; or
(d) prints, publishes or distributes. or has in thigpmiou Earthsmm of publication or distribution -
(i) say sdvertisement of the lottery ; .or
(ii) any list (whether camalstsor matter .priu-wianers -or- wishing tickets in the lotterym
(iii) my Inch tnatter descriptive _ofthe drawings! intended dunk: of the lottery. or otherwise-felsttng tenths l . seleml to ,mmsmudmtdmpsmdt-to psr' puts [3'1ng 0 y or in
299.1%! tsr ue't'hflusp " 'te r't ' .
Q ( Isle Dl.’Ea?wgnfizymfifwm9' t3 ._ 3 (0 sends or attempts to send out of the State,
(i) “33' money oi' valuable thing received in respect of the sale or distribution of any ticket or chanceinthe lottery ; ot- '
(ii) any document recmding the sale or distribution or any ticket or chance in the lottery : or
(iii) any document recording the identity of the holder of any tieloet or chance in the lottery; or
(3) uses any premises, or permits any premises to he used,l‘otpurpotes connected with the promntion or conduct of the lottery : Ol.’
(h) causes or attempts to cause any person I.) do any of the above mentioned acts, shall, on conviction, be punishable—
(i) for the first oflences with fine which may extend to two thousand rupees:
(ii) for the second offence with fine which may extend to three thousand rupees ; and
(iii) for any subsequent ofl’enee with imprisonment for a term which may extend to three months 01' with fine which may extend to five thousand rupees or with both.
(2) In any proceedings instituted under subsection (1). an accused person shall not be deemed to be guilty if he proves that the lottery to which the p'toeeedihgs relate was sucha Iotter asis not deemed to he an unlawful iattery under section 5. section 6 or section _. as the case may he. and that at the date of the alleged offence the accused believed and had reasonable grounds for believing that there was no contravention or any of lhe conditions required by section 5 or section 5 or section 3" to bo observed in connection with the promotion 811d conduct of the lottery. '
5. T' ' 4.,nt'“" ml ' " (l) Alattety rammed as an incident of an entertainment shall not be deemed to be an uniawftt lottery, tt’ the .ptoyo_thr theteof has obtained a licence in respect of such iothply.
(2) The-t‘oilowing conditions shall he ohterved by the mom in connection with. thé-mmotian a_nd conduct of such lottery. nettlely :—
(a) 1:: Whale proceeds of _the entertainment (including the proceeds of t iottery)arter dednuing— - 19 435%“ Of the entertainment, excluding expenses inqutted In 'conuwu'on witthe .lottery : . '
(ii) h'h'gfg‘PhP‘E'J-Efiimd in Primes ticket! oftealqmmd
(iii) “9.31“!!! {if in: not exceeding five hundysd mm as maybe - uepetfletttn‘the; aeessetpenses which miy hs'tnettmd hythe WEWMM mite litmshall InW to purposes othet than--pflm..m:= '"=#wwmfimm'""-"'.""'-9"'"“ ‘— 4
(h) nose of the prime [in the lottery shall be money primes];
(e) ticketserehancesiathe lett shall not he sold or issued, nor shall the result of the lottery be eclared, except on the premises on which the entertainment takes ace and dutia the fees of the entertainment; end Pl 8 pro:
((1) the facilities efl'orded for participating in lotteries shall he the only, or the only substantial, inducement to any person to attend the entertainment.
(3) If In]! of the eanditione specified in aub-seetion (2) is contravened.
every person concerned in the promotion or conduct of the lottery shell. on conviction, he punishable—
(e) for the first ofl'ence with fine which may extend to two thousand rupees; and
(h) for the second offence with fine which may extend to three thousand rupees: and
(c) for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both:
Provided that in any proceeding under this section. it shalt be a defenee for a person charged to prove that the offence was committed without his knowledge.
EXPLANA'i’ION:—The entertainments to which this section applies ere.
hazers, exhibitions, exhibition of feats and other entertainments of a simllsr phereeter, whether limited to one day or extending over two or lore days.
6. Licensed ittr'i‘t-ttte lotteries net unlawful :—-(i) Aprivate lottery shall not be deemed to he .e,n:;tt_nlswful lottery, if the promoter thereof has obtained a licence in respect oi” such Iottery.
_ (2] The fgllowing ponditihnsshaiibe observed by the promoterin connection With the promotion 'and conduct of such lottery. namely :— ts} the whole proceeds, after deducting only expenses incurred for printing and stationery. shall be devoted to the provision of prizes for purchasers of winning tickets or chances, of, in the case of slottety premoted for the members of a society. shall he devoted eithertc the provision of prizes as aforesaid or to the purposes of the society or, as toapart oi’ the proceeds. to the provision of prizes as aforesaid and, as to the reminder, to such purposes as aforesaid:
(b) there shall not be exhibited. published or distributed any written notice or advertisement of the lottery other than :—
(i) a notice thereof exhibited on the premises of the society for whose members it is promoted or, as the case may he, on the premites on which the persons for whom it is promoted work or reside; and
(ii) such announcement or advertisement thereof as is ehnteined in the tickets, if ‘sny; . _ .. . -.. (. _ ._¢, is " (e) the" Eu ot'every ticket or chance that] he the same and shall he stand on t tickets;
(d) every ticket shall bear upon the face of it the name and addreat of the promoters and a statement at the revenue to whom the sale of tickets or chances by the promoters is restricted. and a statement that no orize won in the lottery shall he paid or delivered by the promoters to any person other than the person to whom the winning risket or chance was sold them, and no prizes shall he paid or delivered except in aoootdanoe- Wlth that statement:
(e) no ticket or chance shall he issued or allotted hy the promoters except by way of sate and upon receipt of the full price thereof, and no money or valuable thing so received by a promoter shall in any circumstance he returned ; and (1') no tickets in the lottery shalthe sent through the post.
(3} If any of the conditions specified in suh-section (2) is contravened.
each of the promottrs ot' the lottery. and where the person by whom the condition is contravened, is not one of the promoters, that person also, thail. on conviction. be punishable—
(a) for the first offence with fine which may extend to two thouiand NIP“! ;
'(h) for the second ofi‘encc with fine which may extend to three thousand rupees ; and
(c) for any subsequent cfi'ence with imprisrnment i'm- a term which me extend to three months nr with fine which may extend to five thousan rupees or with both :
Provided thatin any rrtcetding unc‘er this settion. it shall be a defence for 3 person charged only by reason cf his being a promoter ot'thelottery to prey: that the ofience Was committed without his knowledge.
EXPLANATIONt— For the purpose of this section—
(3) the expression “private lottery" means a lottery in the State which if Promoted for, and in which the sales of tickets or chances hy the promoters is confined to, either—
(i) members of one society established and conducted for purpose!
not connected with gaming. wagering or lotteries : or
(ii) each and every person to whom under the foregoing provisions tlcketa or chances may he sold by the promoters and, in the' easeofalottetwonaotegl fat- the members of a society, is e pergon authot' in writing by the governing body of the society to promote the lottery ; and -- i;- _ M W ' d e - w m m w t fi ' ' r t ' u n u n ' r s r "\ i . -. ._._ . .m.-—w—.m~r—-_.— —.—-—— . ——.
'1:
tb themlmseim “society"iacladesaeiuh,.iuatittltien organisms“: gm ) association of persona by whatever name cailei. and each iii“! of afiiliated branch or section of a chiety shat! be regarded as separate and distinct society.
!. ucensed chatttahleterteries nut flalawfllfiqutqithsnfiqtng ail'ylhing to the contrary contained in this Act, the State Government may, in respect of a tottery promoted for the benefit ofa charitable. religion: or educational instilutioh or organisation. grant alieence. suh'ject to such cOhdttiode and on the payment of such fees or taxes as may he afiecified ‘in the 31121 licence.
and such lottery shalt not be deemed to he an untawt‘ul lottery :
_ Proyided that 'the rate ot'lt‘ax _shail_ nbt he. iii. any case, higher than the tatea set out in subsection (1) and sub-seetton (2} of section to.
(2: It‘ any of the conditions spesifle-J in any licence granted undersubsection (I) is contraxcnei. each of the nromoters of the tattery and where the person by: whom the conditizgn is contravened. is not of one the prominent, that person also. shalt, DJ canvieu’on. be punishable—
(a) for the first nfience with fine which mhy extend to "two thousand idea“;
(b) for the second offence with fine which may extend to three thousand rupees; and {e} for any sudzequent ofience with imprisonment for a term which ma extend to thy“: mmths or with fine which may extend to fivethousan rupees or wnh both:
Provided that in any proceeding undet- this seetion, it shall be a defo'rtee for a petam chargei only by :easm 0 his baths a promtitor of the lottery toprove that the .: ?..-.;.- nus ca.n-eit:ed without his kno Hedge.
8. LIceacea—Every licence granted under this Act shall be granted by the State Goremment on paymeniot such fees and subject to such conditions unit shall lie in such form as may be prescribed.