Kerala Paper Lotteries (Regulation) Amendment Rules, 2024
[24th
December 2024]
PREAMBLE
In exercise of the powers
conferred by sub-section (1) and (2) of section 12 of the Lotteries
(Regulation) Act, 1998 (Central Act 17 of 1998), the Government of Kerala
hereby make the following rules further to amend the Kerala Paper Lotteries
(Regulation) Rules, 2005 issued by notification under G.O.(P) No.65/2005/TD
dated 20th April 2005 and published as S.R.O. No. 372/2005 in the Kerala
Gazette Extraordinary No.823 dated 20th April 2005, namely: -
Rule 1. Short title and commencement.
(1)
These rules may be called the Kerala Paper
Lotteries (Regulation) Amendment Rules, 2024.
(2)
Save as provided in these rules, -
(a)
clauses (j) and (k) of sub-rule (1),
clause(h) of sub-rule (4), and clause(f) of sub-rule (7)of rule 2 shall come
into force on such date, as the government may by notification in the official
Gazette,appoint;
(b)
the remaining provisions of these rules shall
come into force at once.
Provided that, different
dates may be appointed for different provisions of this rule and any reference
in any such provision to the commencement of these rules shall be construed as
a reference to the coming into force of that provision.
Rule 2. Amendment of the Rules.
In the Kerala Paper
Lotteries (Regulation) Rules, 2005, -
(1)
in rule 2, -
(a)
for sub-rule (2), the following sub-rules
shall be substituted, namely: -
"(2)
Agent or Agency means an individual, partnership firm, body corporate, or any
other legal entity under the law, so appointed by the Director or an officer
subordinate to him who is authorised by the Director for this purpose, based on
the terms and conditions set forth through an agreement, under these rules, to
sell Kerala Lottery Tickets;
(2A)
Agreement means the agreement entered into between the Agent or Agency and the
Department.
(b)
after sub-rule (2), the following sub-rule
shall be inserted, namely: -
"(2B)
Communication Device, computer and computer system shall have the same meaning
as assigned to it respectively in sub-section (1) (ha), (i) and(l) of section 2
of the Information Technology Act 2000, (Central Act 21 of 2000);"
(c)
after sub-rule(3A), the following sub-rule
shall be inserted, namely: -
"(3B)
Department means the Kerala State Lotteries Department;"
(d)
for sub-rule (4), the following sub-rule
shall be substituted, namely: -
"(4)
Director means Director of the Kerala State Lotteries Department;"
(e)
after sub-rule (4), the following sub-rule
shall be inserted, namely: -
"(4A)
Disposal Authority means an officer under sub-rule (20A) (iii)(c) of rule 56 of
the Kerala Goods and Services Tax Rules, 2017;"
(f)
in sub-rule (5), the word Revenue shall be
omitted;
(g)
for sub-rule (6), the following sub-rule
shall be substituted, namely: -
"(6)
Draw means a method by which the
prizewinning numbers are drawn for each lottery or lottery scheme by operating
the draw machine or any other mechanical method based on random technology,
which is also visibly transparent to the viewers;"
(h)
(i) the existing sub-rule 6A shall be
renumbered as 6C;
(ii) before sub-rule 6C so
renumbered, the following sub-rules shall be inserted, namely
"(6A)
Electronic form shall have the same meaning as assigned to it in
subsection1(r)of section 2 of the Information Technology Act 2000, (Central Act
21 of 2000);
"(6B)
Electronic record shall have the same meaning as assigned to it in sub-section
1(t) of section 2 of the Information Technology Act 2000, (Central Act 21 of
2000);"
(i)
after sub-rule (8), the following sub-rules
shall be inserted, namely: -
"(8A)
Joint claim means a claim for prize money of a winning ticket number raised
jointly by more than one person who shared the price of the ticket while
purchasing it;
(8B)
Lottery sub office means a lottery office under the administrative control of
the District Lottery Office for conducting sales and allied functions having
the jurisdiction of any geographical area as may be specified by the
Government;
(8C)
Lottery sub officer means the officer in charge of the Lottery sub
office."
(8D)
Notary means a person appointed as such under the Notaries Act, 1952(Central
Act 53 of 1952) and has a valid Certificate of Practice under Section 5(1)(b)
of the said Act;"
(j)
for existing sub-rules (9) and (10), the
following sub-rules shall be substituted namely: -
"(9).
Paper Lottery means any lottery conducted in accordance with the Lotteries
(Regulation) Act, 1998, other than an on-line lottery;
(9A).
Sales permit means a permit issued by the Director, or an officer subordinate to
him duly authorised by the Director on this behalf, to any person other than an
agent, which shall be valid for a period that may be specified by the Director,
to sell tickets of Kerala Lottery within the State of Kerala on condition that
he shall abide by all the conditions stipulated in the agreement between agents
and Director;
(10).
Seller means any person who holds a sales permit in FORM II;
(10A).
Sole Distributor means any Government agency/Government Board/Government
organisation appointed under the rules to function as the sole distributorof
Kerala Lottery at the first point of sale.".
(k)
after sub-rule (10A), the following sub-rule
shall be added, namely: -
"(11).
social media intermediary shall have the same meaning as assigned to it in
sub-rule 1(w) of Rule 2 of the Information Technology (Intermediary Guidelines
and Digital Media Ethics Code) Rules, 2021.".
(2)
in rule 3, -
(a)
in sub-rule (1), for the word
"decide" the word "specify" shall be substituted.
(b)
in sub-rule (2), after the words "other
important details" the words "as may be specified by the
Director," shall be inserted;
(c)
after sub-rule (2), the following sub-rule
shall be inserted, namely: -
"(2A)
Every lottery ticket shall have such security features embedded in it, as may be
specified by the Director from time to time."
(d)
for sub-rule (4), the following sub-rule
shall be substituted, namely: -
"(4)
Any information to the ticket purchaser and such other essential details of
thelottery, as may be specified by the Director shall be printed in English
and/or in Malayalam on the reverse side of the ticket and the remaining space
on the reverse side of the ticket shallbe utilized for advertisement
purpose."
(e)
sub-rule (5), for the words "shall be
decided by the Director" the words "shall be decided by the
Government" shall be substituted.
(f)
for sub-rule (6), the following sub-rule
shall be substituted, namely: -
"(6)
The rate of discount on sales and agency commission on prizes shall be fixed by
the Government from time to time."
(g)
after sub-rule (6), the following sub-rules
shall be inserted, namely: -
"(6A)
The Director is empowered to postpone any draw and shall inform the Government
of such postponement, forthwith.
(6B)
The Government may cancel any Lottery scheme or draw already announced, in case
of exigencies."
(h)
in sub-rule (7), after the words "shall
be printed at" the word "the" shall be inserted.
(i)
for sub-rule (8), the following sub-rule
shall be substituted, namely: -
"(8)
The Department shall print the tickets as per the scheme notified by the
Government at one stretch, or in batches, based on the need and convenience.
The tickets shall bear the imprint and logo of the State Government ensuring
the authenticity of the ticket.";
(j)
after sub-rule (8), the following sub-rule
and proviso shall be inserted, namely: -
"(8A)
The Director shall decide the total number of tickets to be distributed to the
District Lottery Offices and Lottery Sub offices or Agents, even in case of
distribution by the Sole Distributor, based on demand, the capacity of the
printing press, administrative convenience, and any other relevant factors, as
may be deemed necessary, from time to time;
Provided, that the power to
decide the total number of tickets to be issued to an agent may be delegated by
the Director, either wholly or partly, to an officer subordinate to him."
(k)
for sub-rule (9), the following sub-rule
shall be substituted, namely: -
"(9)
The Director shall give instructions to ensure the security of the lottery
tickets at any stage including printing. The Director either directly or
through officers authorized by him, shall inspect any place where the lottery
tickets are printed or stored."
(l)
for sub-rule (10), the following sub-rule
shall be substituted, namely: -
"(10)
The records of the tickets printed, tickets issued for sale, tickets sold,
tickets which remain unsold at the time of the draw, the prize-winning tickets
along with the amount of prize or prizes in respect of each draw, and any other
details as may be specified by the Director shall be maintained by the
Department as electronic records."
(3)
in rule 4, -
(a)
in sub-rule (1), the words "in
accordance with the provisions of the Act" shall be omitted;
(b)
for sub-rule (2), the following sub-rule
shall be substituted, namely: -
"(2)
The Director or an officer authorized by the Director may appoint an agent,
based on the agreement in FORM III, for the sale of Kerala Paper Lottery
Tickets.
(c)
after sub-rule (2), the following sub-rules
shall be inserted, namely: -
"(2A)
No individual, entity, or organization shall organize, conduct, sell, promote,
or facilitate any lottery, in any form, within the jurisdiction of the State,
except as authorized by the Government.
(2B)
Whoever contravenes the provisions of sub-rule (2A), shall be punishable with
rigorous imprisonment for a term which may extend to two years, or with a fine
or with both, as provided under section 7(3) or section 8, as the case may be,
of the Act."
(d)
for sub-rule (3), the following sub-rule
shall be substituted, namely: -
"(3)
The Director may appoint a sole distributor, selected through a procedure
established by Law, which may be specified by the Government, for the sale of
Kerala State Lotteries in other States in India that are not lottery-free
zones;
Provided, the Government
shall decide the State or States/ Union Territories in which Kerala State
Lotteries may be marketed."
(4)
in rule 5, -
(a)
for sub-rule (1), the following sub-rule
shall be substituted, namely: -
"(1)
Any person, having proof of address evidences that he/she is residing in the
State of Kerala, and is desirous of obtaining an agency for the sale of Kerala
Lottery, may apply in FORM IV, after entering into an agreement in FORM III, to
the District Lottery Officer/Lottery Sub Officer by remitting a fee as may be
specified by the Director from time to time. The agency will be valid only for
a period of two years from the date of grant of it.
Provided that the agency can
be renewed for further periods, two years at a time, on payment of the renewal
fee as may be specified by the Director from time to time, and such renewal
application may be submitted three months before the expiry of the agency, in
FORM IV.
Provided also that a person
whose agency has been terminated for want of renewal can also renew his agency
within a period of one year of expiry, provided he shall remit a fine in
addition to the renewal fee as may be specified by the Director and on submission
of an application in FORM IV."
(b)
for sub-rule (2), the following sub-rule
shall be substituted, namely: -
"(2)
In the case of fresh registration or renewal, the agent shall be required to
purchasea minimum number of tickets as may be specified by the Director from
time to time."
(c)
sub-rule (3), shall be omitted.
(d)
for sub-rule (4), the following sub-rule
shall be substituted, namely: -
"(4)
Identity card shall be issued to every agent either in electronic form or in
physical form with a unique registration number. The physical Identity card
shall be issued on payment of a fee of Rs.150/-."
(e)
for sub-rule (5), the following sub-rule
shall be substituted, namely: -
"(5)
The Director shall have the power to suspend an agency, pending inquiry if it
is reasonably felt that the agent or seller is acting in contravention of any
of the provisions of the Act or the Rules made thereunder or is indulging in
any act of commission or omission in any form which is detrimental to the
interest of Kerala State Lotteries or the public interest or public
tranquillity. The suspension shall be revoked automatically upon expiry of 60
days unless the agent has been served a show cause notice demanding reason as
to why the agency should not be cancelled as per rule (5a)."
(f)
after sub-rule (5), the following sub-rule
shall be inserted, namely: -
"(5a)
The Director shall also have the power to cancel an agency if it is found on
inquiry that the agent or seller is acting in contravention of any of the
provisions of the Act or the Rules made thereunder or is indulging in any act
of commission or omission in any form which is detrimental to the interest of
Kerala State Lotteries or the public interest or publictranquility. Provided
that no such agency shall be cancelled without giving the agent concerned an
opportunity of being heard."
(g)
in sub-rule (6), for the words, number,
symbol and bracket "sub-rule (5)", the words, number, symbol and
bracket "sub-rule (5a)" shall be substituted.
(h)
after sub-rule (6), the following sub-rule
shall be inserted, namely: -
"(7)
If a seller fails to comply with any of
the provisions of the Act, Rules or orders issued either by the Government or
by the Director, or if he is found to indulge in any act of commission or
omission in any form which is detrimental to the interest of Kerala State
Lotteries or the public interest or public tranquility, the Director may by an
order in writing rescind the sales permit issued under these rules"
(5)
in rule 6, -
(a)
for sub-rule (1), the following sub-rule
shall be substituted, namely: -
"(1)
An agent may sell lottery tickets with the aid of any number of sellers. The
agent shall be responsible for proper compliance with the Act, Rules,
Circulars, Notifications, Orders and other instructions issued by the
Government and the Director from time to time, both by himself and by the
sellers and other persons working under him. The agent shall also be liable to
produce all particulars of sellers who purchased tickets from him, and
otherpersons working under him, on demand by the Department."
(b)
for sub-rule (2), the following sub-rule
shall be substituted, namely: -
"(2)
No person shall sell Kerala Lottery Tickets or any of its numbers, in any
combination, in any form including images of it, through any communication
device, computer or computer system or through any social media intermediary.
Only the sale of Kerala lottery tickets in its original printed form is
permitted.
(c)
after sub-rule (2), the following sub-rule
shall be inserted, namely: -
"(2a)
Whoever contravenes the provisions of sub-rule (2), shall be punishable under
sub-section (3) of section 7 of the Act"
(d)
for sub-rule (3), the following sub-rule
shall be substituted, namely: -
"(3)
No agent or seller shall sell lottery tickets to the public, below or above its
face value."
(e)
for sub-rule (5), the following sub-rule
shall be substituted, namely: -
"(5)
Lottery tickets shall be delivered to the seller or the general public
immediately upon receipt of the cost of the ticket."
(f)
for sub-rules (7) and (8), the following
sub-rule shall be substituted namely;-
"(7)
No person including an agent or seller shall combine their schemes on
products,goods, or services, or any movable or immovable property, with the
sale of lotteries or vice versa, for any reason whatsoever, except as may be
permitted by the Director."
(6)
in rule 6A, the following words shall be
omitted, namely: -
"and also collect the
Service Tax liability of agents from their commission and remit it to the
Department concerned. He shall also file returns of service tax or other taxes
and follow the statutory requirements as deemed necessary, from time to
time.".
(7)
in rule 7, -
(a)
for sub-rule (1), the following sub-rule
shall be substituted, namely: -
"(1)
Lottery tickets shall be distributed through the sole distributor who will, in
turn, sell it to agents after making such agency discount on the face value as
may be decided by the Government from time to time. Tickets will be sold to
agents either on cash payment or against exchange of prized tickets or by
e-payment in favour of the District Lottery Officer/ Lottery Sub Officer or by
credit against bank guarantee. Lottery tickets of particular schemes, which the
Director may specify by order, may be sold on credit against Bank Guarantee
subject to the following conditions -
(i)
The Bank guarantee should be that of a
Nationalized Bank/Scheduled- commercial bank/ Kerala Bank/ Urban cooperative
bank. The Director/ District Lottery Officer/ Lottery Sub Officer shall
revoke/review such Bank guarantee on or before the due date;
(ii)
90% credit sales shall be allowed to an agent
for the purchase of lottery tickets of a maximum amount of rupees Fifty Lakhs
and a minimum amount of rupees fifty thousand from each District Lottery
Office/ lottery sub-office after placing adequate bank guarantee as may be specified
by the Director;
(iii)
The agents shall settle the full amount at
any time before the day of closing of accounts of a particular draw in the
District Lottery Office/Lottery Sub Office or within suchtime as may be decided
by the Director from time to time;
(iv)
If the agents fail to settle the dues within
the prescribed time, the District LotteryOfficer/ Lottery Sub Officer shall
recover the dues from the agents by encashing the Bank guarantee. The agents
shall have to pay an interest at the rate of 18% simple interest per annum, for
the period of delay in realizing the amount from the Bank. The amount of
interest shall be deducted from the agents claims or the Bank Guarantee;
(v)
The Government or Director shall recover
dues, if any, by way of revenue recovery or by resorting to any other legal
proceedings established by law;
(vi)
The facility for the purchase of tickets on
Bank guarantee by an agent shall be forfeited in case of agents who fail to
clear their dues on time;"
(b)
sub-rule (2a) and sub-rule (3) shall be omitted.
(c)
for sub-rule (5), the following sub-rule
shall be substituted namely: -
"(5)
The details of stock and the issue of
the lottery tickets shall be maintained by the department as electronic
records."
(d)
for sub-rule (6), the following sub-rule
shall be substituted, namely: -
"(6)
Tickets shall be issued to an agent only
from the respective district of registration. However, the Director may permit
the purchase of tickets from other districts subject to conditions as may be
specified by the Director."
(e)
for sub-rule (7), the following sub-rule
shall be substituted, namely: -
"(7)
Director is entitled to dispose of the
unsold tickets, after having them verified by the Disposal Authority, at the
appropriate time, as per the conditions prescribed by the Government from time
to time and the details of such tickets shall be retained as electronic
records."
(f)
after sub-rule (7), the following sub-rule
shall be inserted namely: -
"(8)
The Kerala lottery tickets shall only be sold to the public by the
agents/agencies and sellers. If any person who is neither an agent nor a seller
is found selling Kerala lottery tickets, the tickets found to be in possession
with them shall be liable to confiscation by the enforcement agency and they
shall be punishable under sub-section 3 of section 7 of the Act. Any prize and
agent prize won by such confiscated tickets shall be forfeited."
(8)
in rule 8, -
(a)
for sub-rule (1), the following sub-rule
shall be substituted, namely: -
"(1)
The draw of each Lottery shall be
conducted within the State of Kerala, as per the scheme announced and notified
in the Official Gazette, for the particular lottery."
(b)
for sub-rule (2), the following sub-rule
shall be substituted, namely: -
"(2)
Draw shall be conducted, at a time as
may be decided by the Director, and announced in advance, under the supervision
of a panel of Judges not below three members, including a Chairman, as may be
decided by the Director."
(c)
for sub-rule (3), the following sub-rule
shall be substituted, namely: -
"(3)
The Chairman and panel members shall
consist of reputed and prominent persons. The quorum of the panel of judges to
conduct the draw shall not be less than three. The Director or the Officer
authorized by him may co-opt the required number of suitable persons from among
the audience in order to fill the quorum of three, in case of contingencies. If
the Chairman himself is unable to be present for the draw due to unavoidable
reasons, one among the remaining judges present shall be elected to be the
Chairman by the judges themselves. The majority decision of the judges present
shall be final in respect of all matters connected with the draw."
(d)
for sub-rule (5), the following sub-rule
shall be substituted, namely: -
"(5)
The supervisory officer, in sub-rule
(4), shall authenticate the results of every draw. The result of the draw shall
be published at least in one national and two state-level newspapers, out of
which one shall be in English, as well as in the Kerala Government Official
Gazette and on the official website of the Kerala State Lotteries Department.
The result may also be published in the official social media platforms of the
Department."
(e)
In sub-rule (6), after the words "the
date of the draw" the words "on valid grounds" shall be omitted.
(9)
in rule 9, -
(a)
for sub-rule (2), the following sub-rule
shall be substituted, namely: -
"(2)
The payment of prize money shall be by electronic transfer/Exchange of Tickets/
or by cash, as the case may be, after deducting such amounts required under any
law prevailing."
(b)
for sub-rule (3), the following sub-rule and
provisos shall be substituted, namely: -
"(3)
(a) The prize-winning tickets, in original, shall be surrendered before the
Director/ District Lottery Officer/Lottery Sub officer, as the case may be,
within 90 days from the date of the draw, along with duly filled FORM V either
directly or through Nationalized Bank/Scheduled Commercial Banks/Kerala
Bank/Urban Cooperative Bank.
Provided that for prizes
below rupees ten thousand, FORM V need not be submitted.
(b) The reverse side of the
prized ticket shall bear the details of the claimant, in the space provided for
it. In case of joint claims, the prize money shall be disbursed, on submission
of an affidavit in FORM VI duly attested by a Notary.
(c) Prize claims up to and
including ten thousand rupees shall be sanctioned by the junior superintendent.
Prize claims above ten thousand up to and including ten lakh rupees shall be
sanctioned by the District Lottery Officer/Lottery Sub Officer. Prize claim
above rupees ten lakhs and up to and including rupees one crore shall be
sanctioned by the Deputy Director of Lotteries. Prize claims above rupees one
crore and up to and including rupees five crores shall be sanctioned by the
Joint Director of Lotteries and those above rupees five crores, by the
Director.
(d) Claims on the agents
commission and incentive to the agentsshall be submitted within 90 days from
the date of draw.
Provided also that,
Authorization of the Prize winner shall also be provided if the tickets are
surrendered through a bank;
Provided further that in
case of a prize winner from outside the state, in addition to the above, an
affidavit in FORM VII, sworn in before and duly attested by a Notary, shall
also be submitted.".
(c)
for sub-rule (4), the following sub-rule
shall be substituted, namely: -
"(4)
The lottery Director shall publish the name, photo, and other details of any
lottery winner/agent/seller deemed necessary for publicity."
(d)
for sub-rule (5), the following sub-rule
shall be substituted, namely: -
"(5)
The agents may collect prized tickets, upto a prize value that may be specified
by the Director from time to time, from prize winners after making prize
payment, and present them before the District Lottery Office/Lottery Sub Office
within ninety days from the date of draw for reimbursement of the prize money
paid to each winner. Reimbursement may be allowed as new tickets for sale or as
cash or it may be credited through e-payment services."
(e)
for sub-rule (7), the following sub-rule
shall be substituted, namely: -
"(7)
Statutory deductions shall be made from prize claims as per law
prevailing."
(f)
for sub-rule (8), the following sub-rule
shall be substituted, namely: -
"(8)
Prize money shall be disbursed after ascertaining the genuineness of the Prize
ticket by verifying the security features embedded in the tickets.";
(g)
after sub-rule (8), the following sub-rules
shall be inserted, namely: -
"(8a)
In case of a joint claim, the prize money will be disbursed to the Bank account
of each prize winner based on the affidavit as prescribed in sub-rule (3),
submitted by the winners. In such a claim, prize winners shall submit all the
documents under sub-rule (3) separately.
(8b)
On the death of the prize winner after the submission of the prize claim to the
department, but before the prize amount is disbursed, and the department is
informed of the death of the winner, then the prize amount shall be disbursed
to the Bank account of the legal heirs of the deceased, upon production of such
documents as may be decided by the department from time to time.";
(h)
for sub-rule (9), the following sub-rule
shall be substituted, namely: -
"(9)
The prize-winning ticket in original
shall be surrendered to the Director/ JointDirector/ DeputyDirector/
DistrictLotteryOfficer /Lottery Sub Officer as the case may be, in good
condition. Tampered or mutilated tickets will be rejected. The officer passing
the prize claim shall ascertain the genuineness of the tickets before
disbursing the amount of each claim. In case of torn/mutilated tickets or for
prizes above rupees ten thousand, if the genuineness of the ticket is in doubt
and the claim is established by the passing officer, such claim shall be passed
for payment after obtaining an affidavit in FORM VIII, from the prize winner.
In cases of serious doubts
about the genuineness of the ticket, a report from the security lab shall be
resorted to, by the officer passing the prize claim, before the payment of
prize money. The fee for the verification needed for the forensic lab report,
if any, shall be borne by the prize winner himself in advance. Upon finding it
as a forged ticket, criminal proceedings may be initiated by the Department
against the person who presented such ticket before the Department."
(i)
for sub-rule (10), the following sub-rule
shall be substituted, namely: -
"(10)
Prizes and prize money which are not claimed within a period of ninety days
from the date of the draw shall not be disbursed;
Provided that in the event
of a delayed claim amounting to or exceeding one lakh rupees, which is
submitted within sixty days following the expiration of the aforementioned
prescribed period, the Government, after examining the reasons for the delay in
submission in each case, may, at its discretion, sanction the prize claim"
(10)
after rule 9A, the following rule shall be
inserted-
"9B.
Seizure Procedure. -
(1)
No lottery ticket shall be sold in the State
in violation of the Lotteries (Regulation) Act, 1998, the rules made
thereunder, the circulars, or the instructions issued by the Government or the
Director.
(2)
The enforcement agency shall seize any
tickets found to be sold or proposed to be sold in violation of sub-rule (1)
above.
(3)
The enforcement agency shall thereafter
report the matter to the Director for appropriate action in case the accused is
a lottery agent along with a copy of the seizure Mahazar.
(4)
The enforcement agency shall initiate
appropriate proceedings under the Lotteries (Regulation) Act, 1998, in all
cases regardless of whether the accused is an agent or seller.
(5)
All prize amounts and agent prize amounts
that are won by the seized tickets shall stand forfeited."
(11)
for forms I, II, III, IV, V, VI and VII the
following forms I, II, III, IV, V, VI and VII shall be substituted namely: -
FORM-I
Application
form for Sales Permit under Kerala Lotteries (Regulation) Rules, 2005
[See
rule 2 (9A)]
Photo
(1)
Name & Permanent Address: (With Post
office, District & State)
(2)
Communication Address:
(3)
Mobile Phone No:
(4)
Land Line number if any:
(5)
Name of Father/Mother:
(6)
Date of Birth & Age: (Document to prove
age shall be attached)
(7)
Present Occupation:
(8)
Mode of Paper Lottery Ticket sale :
(i)
Own Shop
(ii)
Rented Shop
(iii)
Kiosk
(iv)
Through Vehicle
(v)
Pedestrian sale
(9)
Physical condition: Normal/Differently
abled/Blind
(10)
PAN Number:
(11)
Aadhaar Number:
(12)
Welfare Membership Number: Yes/No
(13)
Educational Qualification: Below
Matriculation/Above matriculation/others
(14)
Bank Account Number:
(15)
Name of the Bank and Branch with IFSC details
DECLARATION
I hereby agree and undertake
to abide by the conditions in the agreement set forth by the agent from whom I
purchase tickets and shall abide by all orders, directions or instructions
issued by the Director of State lotteries in this regard from time to time.
Place:
Date:
Signature of Applicant:
For office use only
Permit Number Allotted:
Date of issue :
Name and Signature of
Officer:
FORM
II
KERALA
LOTTERY PERMIT
[See
rule 2 (10)]
Photo
Name:
Address:
Mobile No:
Date of Birth:
Age:
Sex:
KSLA & SWFB membership
number:
Permit No................
Signature/Thumb impression
of the seller
Signed by: Authorised
officer
FORM
III
AGREEMENT
WITH AGENT
[See
rule 4 (2)]
This agreement made on this
day the................ of................ month................ year At
Thiruvananthapuram between the Governor of Kerala represented by the Director
of State Lotteries, Vikas Bhavan, Thiruvananthapuram (hereinafter referred to
as Government) which expression shall unless excluded by or repugnant to the
context or meaning thereof be deemed to mean and include his successor in
office or assigns of the first part.
AND Shri/M/s................
of the second part (hereinafter referred to as Agent)
WHEREAS, the Government
organizes, conducts, and promotes State Lotteries in accordance with the
provisions as contained in the Lotteries (Regulation) Act 1998, (Central Act 17
of 1998), and the Rules made there under;
AND WHEREAS the Government
have decided to appoint agents for the purchase and sale of Kerala paper
Lottery Tickets in adherence to the rules framed by the State Government;
AND WHEREAS the Government
and the agent have decided to enter into an agreement as stipulated in the
Lotteries (Regulation) Rules, 2010;
NOW, THEREFORE THIS
AGREEMENT WITNESSETH AND THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS
(1)
Definitions:
In this agreement, unless
the context otherwise requires: -
(a)
Act means the Lotteries (Regulation) Act
1998(Central Act No. 17 of 1998)
(b)
Rules means the Lotteries (Regulation) Rules
2010 or the Kerala Paper Lotteries (Regulation) Rules 2005, as the case may be.
(c)
Words and expressions used but not defined
herein shall have the same meanings as respectively assigned to them in the Act
and the Rules.
(2)
Terms and conditions:
(a)
The Government and the Agent shall be jointly
and severally liable to ensure that all provisions of the Act and Rules are
followed.
(b)
The Government shall appoint the agent after
the registration of the agency in his/her name for the purchase and sale of
Kerala Paper Lottery Tickets as per the provisions of the Act and the Rules.
(c)
The appointment of the agent is
non-transferable and shall continue to be valid till the expiry of the
registration.
(d)
All the directions, circulars, notifications,
and instructions issued by the Government and The Director of State Lotteries
Department shall be binding on the agents and any contravention shall result in
cancellation of the Agency. Any contravention of the provisions contained in
the Act and rules made thereunder also shall result in the cancellation of the
Agency.
(e)
It shall be the responsibility of the Agent
to ensure that his sellers adhere to the provisions of the Act, Rules,
directions, circulars, notifications, and instructions issued by the Government
and The Director of the State Lotteries Department.
(f)
It shall be the responsibility of the Agent
to ensure that his sellers adhere to all procedures, regulations, etc. along
with the conditions stipulated in this agreement.
(g)
The agent shall ensure that the Kerala
Lottery tickets are not sold in States/UTs which do not organize lotteries of
their own.
(h)
The agents shall not sell any other lotteries
apart from Kerala State Lottery.
(i)
Agents shall ensure that no sellers who sell
tickets purchased from the agent are engaged in the sale of any other lottery
other than the Kerala State Lottery.
(j)
Agents or their representatives visiting
lottery offices shall behave properly and not engage in any action vitiating
the tranquility of the office ambience
(k)
The Agents or their staff/authorized persons
shall not behave in any manner that is detrimental to public interest or brings
disrepute to the Kerala State Lottery.
(l)
In case of any amendment to any Act or Rules
or a decision of a competent court bringing a change in the lottery conduct,
earnest efforts shall be made by both parties to modify the operation of Kerala
Lotteries in accordance with such change.
(m)
Notwithstanding the above clauses, the
Department reserves the right to rescind the agreement with the agent as per
the procedure laid down in these rules
(3)
Settlement of disputes:
The validity and
interpretation of this agreement shall be governed by Indian laws, and Courts
located at Thiruvananthapuram alone shall have jurisdiction to try any matter
relating to this agreement. This agreement shall come into force after it has
been signed by both parties and shall remain in force for a period of two
years. If any provision of this agreement is declared void or unenforceable,
the agreement and the remaining clauses of the agreement shall remain in full
force and effect.
(4)
Force Majeure:
If at any time during the
course of the agreement, it shall become impossible for any of the parties to
perform any of their obligations for reasons of force majeure whereupon the
party giving notice shall be relieved from such obligation as long as force
majeure conditions persists.
IN WITNESS WHEREOF the
parties to these present hereunto executed these presents on the day, month and
year first above written.
(1)
Name, Address and Signature:
(2)
Name, Address and Signature:
Witness:
1.
2.
FORM-IV
Application
form for Agency Registration/Renewal under Kerala Lotteries (Regulation) Rules
2005
[See
rule 5(1)]
Photo
(1)
(Name & Permanent Address:(With Post
office, District & State)
(2)
Communication Address:
(3)
Mobile Phone No:
(4)
Land Line number if any:
(5)
Name of Father/Mother:
(6)
Date of Birth & Age: (Document to prove
age shall be attached)
(7)
Present Occupation:
(8)
Mode of Paper Lottery Ticket sale :
(i)
Own Shop
(ii)
Rented Shop
(iii)
Kiosk
(iv)
Through Vehicle
(v)
Pedestrian sale
(9)
Amount Remitted (In figures and words):
(10)
Office where the agency is registered:
(11)
Physical condition: Normal/Differently
abled/Blind
(12)
Category of Agency: Permanent
(13)
PAN Number:
(14)
Aadhaar Number:
(15)
Welfare Membership Number: Yes/No
(16)
Educational Qualification: Below
Matriculation/Above matriculation/others
(17)
Bank Account Number:
(18)
Name of The Bank and Branch with IFSC
details:
DECLARATION
I hereby agree and undertake
to abide by the conditions of the agency as stipulated in the Kerala State
(Lotteries) Regulation Rules 2005 and also agree to abide by all orders,
directions or instructions issued by authorities in this regard from time to
time.
Place:
Date:
Signature of Applicant:
For office use only
Agency Number Allotted: Date
of issue:
Amount Remitted:
Name and Signature of
Officer issued agency:
FORM
V
Application
form for claiming Prize money above Rs.10000/-
[See
rule 9(3)]
(a)
Prize-winning Lottery Ticket (Draw Name &
Number) ................Ticket Number................
(b)
Mode of Prize-winning Ticket presentation (in
person/by post/through bank) if through a bank
(a)
Name of the Bank:
(b)
Branch:
(c)
Details of the winner
(i)
Name of the Prize Winner:
(ii)
Address:
(iii)
Phone Number:
(iv)
PAN:
(v)
Aadhaar number:
(d)
Whether the prize winner is a Kerala Lottery
Agent: Yes/No (If Yes, agency number:)
(e)
Details of the Bank where the prize money is
to be deposited
(a)
Name of Bank and Branch :
(b)
Bank account number:
(c)
IFSC Code:
(In case this form is not
submitted electronically through the specified portal for the purpose, then a
passport-size photo and self-attested copy of PAN, Aadhaar and Bank Passbook
may be furnished along with the prize-winning ticket.)
(In case the claim is a
joint claim then this form shall be filed separately by all of the winners and
FORM VI may be submitted along with the original ticket.)
(In case the claim is made
by a person from outside the State of Kerala (as per Aadhaar address) then FORM
VII may be submitted along with the original ticket.)
DECLARATION
I hereby declare that the
details submitted above are true to the best of my knowledge;
I hereby declare that I have
filled in the details on the reverse of the ticket;
Authorization (If the
winning ticket is presented through a bank): I hereby request and authorise the
Director of State Lotteries to pay the Prize amount to the above-mentioned
branch of the bank on demand. For this purpose, any discharge by the said bank
on my behalf shall constitute a valid one and irrecoverable from your side.
Further, I also affirm that this authorization shall not be a revocable one.
Winners signature
FORM
VI
JOINT
CLAIM
[see
rule 9 (3)]
We the undersigned hereunder
do hereby solemnly affirm and state on oath as follows:
That we together have
purchased ................ (Name of Lottery) Kerala Paper Lottery ticket series,
bearing number................;
That our Bank Account
details are provided below and we are in an agreement to share the entire prize
amount received from the Lottery department among us in the ratio provided here
under;
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Sl.No |
Name |
Address |
Aadhaar No. |
Bank Account No. and IFSC |
PAN |
Form V number (If submitted electronically through the
specified portal) |
Percentage Share of winning amount |
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That we agree to deduct the
statutory deductions from each of us, in proportion to our share of the prize
amount;
That in case of any future
liability arises in connection with this claim we shall be jointly and
severally liable for the same.
DECLARATION
We the undersigned solemn
affirmation and oath state that all the facts stated above are correct to the
best of our knowledge and belief and nothing is false or concealed. The
contents being true we swear this affidavit.
Names and Signature of
Deponents
(1)
................
(2)
................
(3)
................
Solemnly affirmed and signed
at my office on this day the................
Notary Name:
Seal and Reg. No. :
FORM
VII
AFFIDAVIT
BY PRIZE WINNERS FROM OUTSIDE THE STATE OF KERALA
[See
rule 9(3)]
I/we................................................................
(Name and Permanent Address of each person) having Aadhaar Numbers
................Son/Daughter of ................................ (respectively)
Do hereby solemnly affirm and State on oath as under:
(a)
That I/we am/are now residing at
................................ (Present Address);
(b)
That I/we have purchased
................................................ (Name of lottery) Kerala Paper
Lottery ticket of ................ series bearing number ................;
(c)
That the above ticket was purchased from an
Agent/Seller of Kerala Paper Lottery Ticket;
(d)
That the above ticket won the................
th/st/rd prize in the draw held on and ................ I/we claim the prize
money;
(e)
That in case, in future, if the Lottery
Department or any other legal entities find this as an illegal claim, I/we
am/are solely responsible for it and that I/we am/are fully aware that legal
actions as per law established shall be taken up.
DECLARATION
I/we (Name and address) on
solemn affirmation and oath state that all the facts stated above are correct
to the best of my/our knowledge and belief and nothing is false or concealed.
The contents being true I/we swear this affidavit.
Name of the Deponents
Verified with the Aadhaar
and Solemnly affirmed at my office on this day the................
Notary Name, Seal and Reg.
No.
FORM
VIII
AFFIDAVIT
ON SUBMISSION OF TORN /MUTILATED TICKETS ABOVE RUPEES 10,000/-
(To
be submitted by the prize winner)
[See
rule 9 (9)]
I, [Name], residing at
[Address], solemnly affirm and declare the following facts to be true and
correct to the best of my knowledge and belief:
I am the rightful owner of a
lottery ticket bearing the number [Lottery Ticket Number]. The said lottery
ticket was purchased by me from an authorized agent of the Kerala Lottery.
On [Date of Incident], I
accidentally caused damage to the aforementioned lottery ticket, resulting in
tearing and other visible damages.
I affirm that the lottery
ticket in question was obtained through legal means, from an authorized agent,
and is genuine.
I further declare that the
damage inflicted upon the lottery ticket was purely accidental and
unintentional.
I acknowledge and understand
that the damaged state of the lottery ticket may affect its eligibility for any
prize associated with the ticket.
I hereby acknowledge and
declare that in the event the lottery ticket is found to be fake or ineligible
for any prize, I am ready and willing to remit back the prize money disbursed
to me, if any, promptly and in full.
I affirm that I am
presenting the damaged lottery ticket for examination and verification, and
I request the necessary
authorities to consider its genuineness despite the damages incurred.
I acknowledge that providing
false or misleading information in this affidavit may lead to legal
consequences, and I affirm that the information provided herein is true and
accurate to the best of my knowledge.
Sworn before me this [Day]
day of [Month], [Year].
[ Name]
[Signature]
(Name and signature of all
claimants may be provided)"