Whereas the Government of Sikkim has deemed it expedient
to make rules for On-Line Network Lottery Scheme", Now therefore in
exercise of the powers conferred by section 12 of the Lotteries (Regulation) Act,
1998(17 of 1998), the Government of Sikkim hereby makes the following rules,
namely: (1) These
rules may be called the Sikkim On-line Network Lottery Rules, 2001. (2) They shall
come into force on the date of their publication in the Official Gazette. In these rules, unless the context otherwise requires:- (a) 'Act'
means, the Lotteries (Regulation) Act, 1998(17 of 1998): (b) Central
Computer System' means, a system of multiple computers installed, (i) for diverse
function of computing data communication, ticket transitions: (ii) prize
amount calculation, verification of prize amount cancellation of tickets etc. (c) 'Committee'
means the committee constituted under rule 4: (d) Director'
means the Director-State Lottery, Government of Sikkim: (e) 'Draw
means, an activity by which lots or numbers are drawn with the help of machine
or mechanical electronic method to determine the winning numbers. (f) 'draw
break' means the date and time at which lottery tickets cease to be sold prior
to the draw for such scheme being held: (g) 'Marketing
Agent' means, a Marketing Agent appointed under rule 18: (h) 'Network'
means a communication and data exchange system created by physically or
otherwise connection two or more computers with network interface, cards and
cables, and running on Network Operation System. (i) 'On-line
network Lottery', means the Sikkim on-line Network Lottery: (j) 'Play
slip' a preprinted slip having a set of defined field from where a player can
select a set of number as specified for each draw by the Government of Sikkim. (k) 'Prize
amount' means the prize amount payable to a prize winning ticket in a lottery
draw: (l) Retail
computer terminal or 'Kiosk outlet' means a place from where on-line Lottery
tickets are sold to the players: (m) 'Retailer'
means a person appointed as retailer to run Kiork/computer terminal which sells
or offers for sale any ticket under the computerized network lottery run by the
State. (n) 'ticket'
means the Sikkim State On-line Network Lottery ticket issued to a player under
the on line lottery scheme. (o) 'Winner'
means a person who possesses the winning ticket of Sikkim on-line lottery: (p) 'Working
day' means, any day which is not a public holiday declared by the State
Government. The on-line network lottery scheme shall be administered
by the Principal Secretary to Government, Finance Department/head' of Finance
Department: Government of Sikkim. The Director shall implement the on-line
network lottery scheme as determined by the Government from time to time. (1) The
on-line network Lottery shall be conducted by the State Government in the
presence of the Committee constituted by it which shall consist of the
following members, namely:- (1) Principal
Secretary-Finance Department Chairperson (2) Director
of Sikkim State Lottery, member Secretary Government of Sikkim (3) A person
nominated by the State Government to Member represent the Marketing Agent
appointed under rule 18. (4) One
independent person appointed Member by the State Government Member (2) In the
absence of the Chairperson, the Member Secretary of the Committee shall act in
his place and conduct the draw. The Chairperson and Member Secretary may
nominate on of their subordinates to represent them in their absence. In case,
both the Chairperson and the Member Secretary are not present, member present
shall conduct the draw. The State Government may release such number of schemes
and draws in conformity with the Act. Denomination of the tickets for the computerized network
Lottery shall be issued as specified by the State Government thought an order
in respect of a draw or groups of draws. The following matter in respect of each draw or groups of
draws shall be decided by the Government, in consultation with the Marketing
Agent: namely: (a) the date
and time of draw: (b) the number
of schemes" (c) the price
of each ticket, and (d) the prize
structure. (1) The place
of any draw shall be decided by the Government. The marketing Agent shall give
wide publicity about the same. (2) The place
of draw shall be located within the state (1) the
printing of Lottery tickets shall bear the imprint and logo of the state. (2) The
printing of the lottery ticket shall be by the terminal. The Director should
regularly inspect the Security system and ensure the security. (3) Such
tickets shall be sold at the retail terminal after printing the players
selected numbers. (4) The ticket
issued to the purchaser shall bear the facsimile signature of Lottery Director,
or any other authority designated by Government of Sikkim, with imprint and
logo of the State Government, the ticket number, the date and time of draw and
price of ticket, It may have security marks or bar codes to protect players as
well as State's interest. (1) The State
Computerized network lottery shall be organized, conducted and promoted by the
State Government. (2) The
tickets will normally be sold to the intending players/purchasers on payment
through the authorized Marketing Agent, sub-agents at the retail computer
terminals/Kiosks to be set up specifically for the purpose. (3) The sale
of tickets shall be regulated as per the terms and conditions of agreement
entered into between the State Government and the Marketing Agent. (4) The
proceeds of the sale of tickets received and or collected shall be credited
into designated banks to the appropriate Head of Account specified for the
purpose. (5) The State
Government may announce some schemes for public utility, humanitarian and
benevolent causes or any such social development activity including
infrastructural facilities in the State out of the net profits made under this
Lottery scheme. (6) The State
Government will in consultation with Marketing Agent, specify the time and date
of draw-break at which sale of tickets to the players and purchasers will be
stopped. (7) If any
ticket is issued to any purchaser beyond such specified time at any place and
in the event of such tickets winning any prize the ticket shall not be honored
by the State Government,. It will be the responsibility of the Marketing Agent
to compensate for the ticket to its purchaser. (1) The date
and time of draw shall be indicated on the ticket. Under exceptional
circumstances or for any other unforeseen reason, the Director may postpone the
date and time of draw in news papers having wide circulation the draw shall be
conducted within such period and time as may be specified by the State
Government. (2) The time
and place where the draw will be held shall be given wide publicity. The draw
shall be held in public at a place located in the Sate of sikkim in the presence
of Committee. (3) The draw
will be conducted by the State Government as per the pre-announced schedule by
operation the draw machine or any other mechanical or electronic method which
can produce randomly selected winning numbers for each lottery scheme in a
visibly transparent manner. (4) The
Committee shall make a note of the Prize winning numbers. The prize winning
numbers shall be cross-checked with the prize winning numbers entered in the
register maintained for this purpose. (5) the result
of the draw shall be announced under the signature of the Director and released
to the Press by the Marketing Agent./ (6) After the
prize winning tickets number shall be entered in a register and the entries in
the register shall be signed by the members of their nominees, who are present
at the time of such draws. (7) after the
draw is over, all records including the register shall be kept in the custody
of the Director for a minimum period of three years after which they shall be
destroyed. The tickets shall be preserved for a period of five years from the
date of draw. Provided that such records and tickets shall be kept
beyond the aforesaid period only when they are required for statutory audit or
for the production in the court of law. (8) Wide
publicity shall be given to the result of each draw including conducting of
live telecast of the draw process of Television, print and other Audios visual
media etc. such list shall also be published in the Official Gazette or in such
other manner which shall constitute the Official announcement of the results. The ticket shall be issued to the player on demands. A
player will choose his number as per the scheme from given play slip and the
number in the play slip will be entered in o the ticket vending machine at the
terminal. The ticket will be produced on the preprinted ticket material were
each ticket will be distinguished by a distinct design and alphabetical
notation. The tickets shall be serially numbered. The ticket shall bear the
signature in facsimile of the Head of Finance Department/Lottery Director,
Government of Sikkim. Each ticket shall be assigned a secret mark or code. Such
mark or code may be changed from ticket to ticket and series to series in any
draw The Player should ensure himself the correctness and
genuineness of the computerized Lottery ticket issued by the authorized
retailer. Unless the constituent player brings to the notice of the sales
person or retailer at the retail counter any discrepancy, errors or omissions
etc., immediately before leaving the retail terminals the matter and numbers
printed on the tickets shall be deemed to have accepted by the player as
correct and shall bind the constituent player for all purposes and intents. (1) prizes
will be awarded to player who possess tickets with winning numbers as
determined after the official draw is conducted by the State Government from
Scheme to Scheme. The prize structure will depend on each game type, which
entertains and offers a reasonable chance to win a meaningful prize. There will
be prize pool for each set of winning numbers including a jackpot prize pool.
Players having similar winning number tickets will have to share a prize from
that pool category. Each player is entitled to his share of prize that may be
determined after calculation all such winning number tickets in each category. (2) No lottery
ticket shall be eligible for more than one prize in any draw. (1) All
persons possessing a genuine prize winning ticket shall claim their prize
amount within ninety days from the date of draw. If there is a failure to claim
the prize amount in respect of any draw within the specified period of ninety
days from the date of such drawn, the prize amount shall lapse and stands
forfeited to the State Government. If ninetieth day is holiday the claim can be
accepted during office hours of the next working day.; (2) Notwithstanding
anything contained in sub-rule (1), the Director may entertain claims for the
prize amount made beyond the period specified in sub rule (1),but it shall be
made within the next thirty days where he is satisfied that such delay is for
reasons beyond the control of the claimant. (3) the prize
amount unclaimed within the stipulated time limit or not other wise distributed
shall become the property of the State Government. (1) The
Director shall receive the claim for prize winning ticket after verifying with
the results announced. The tickets produced shall be admitted for payment only
after receipt of genuinely report from the Government Forensic Laboratory and
such other verification checks. (2) If the
geniuses of the ticket referred to the Laboratory is of established and the
report indicates any tempering, super imposing, altering of numbers or erasing
etc., the claim shall be rejected and the claimant shall be liable for
prosecution. (3) The claims
for prizes based on mutilated, torn or disfigured ticket shall be rejected: if
its is not possible to verify the gaminess of the ticket. The prize amount of
such tickets shall be disbursed, only if the tickets is found genuine on
verification. (4) Where any investigation by the Income Tax Department is
pending the claim on the ticket may be considered subject to the result of such
investigation and the amount shall be payable after deducting Income-Tax dues,
if any. (4) In all
cases under this rule the decision of the Director shall be final. (1) The
Director is authorized to make payment against the prize wining tickets, It is
also authorized to make arrangement for payment of lower denomination prizes of
rupees Five thousand and below with the Marketing Agent. (2) A person
who possesses any genuine prize winning ticket to claim prize amount shall
apply along with genuine prize winning ticket in Form-1 along with two passport
size photographs duly attested by a 1t class magistrate, and any other
details/documents required by the Director for payment of prize amount. Provided that where the prize amount does not exceed
rupees five thousand it may be disbursed without obtaining a claim in the said
form but on presentation of the winning ticket with date and signature on the
revenue stamp of appropriate value and the name and address of the prize winner
in Form-II shall be obtained. (3) No person
shall be eligible for the prize amount, unless the prize winning ticket is
surrendered in support of the claim with signature, name and address of the
claimant of the ticket on its reverse in a clear manner. (4) No joint
claim on any prize winning ticket shall be recognized from any group of
individuals formed for the purpose of sharing prizes among themselves (5) The prize
amount Payable on a prize winning ticket, the value of which is rupees five
thousand and above, shall be claimed in person only after the expiry of three
days from the date of draw. Provided that if the Director is satisfied that a prize
winning ticket, the value of which is rupees in person for any bonafide
reasons, he may entertain the claim of prize winner sent through a person duly
authorized along with the original ticket duly singed by the original winner. (6) Where the
prize amount is rupees Five thousand and above prize amount shall be paid by
cheque subject to deduction of Income-Tax payable on the prize amount. (7) Prize
amount for any prize winning ticket against which a case is filed in any court
of law shall not be paid unless such case is settled. (1) the State
Government may after inviting opened tenders and on the recommendation of the
Tender and on the recommendation of the Tender Security Committee or any
Organization authorized by the State Government in its behalf appoint Marketing
Agent for selling the computerized network lottery tickets. The State
Government may permit such agent to set up the required infrastructure and use
of technology for the purpose. (2) The State
Government may specify the qualifications, experience and terms and condition
for appointment of marketing Agents ans sub-agents. (3) The
Marketing Agent may appoint sub-agents for sale of tickets and such sub-agents
shall possess the qualification and experience as may be specified by the State
Government from time to time. The Marketing Agent appointed shall be
responsible for sub-agents adherence to procedure, compliance with codes of
practice, prevention of frauds in issue of tickets payment of prizes etc. (1) The
Marketing Agent appointed shall prepare ands submit detailed accounts of sale
of tickets every week in such form as may be specified by the State Government,
Further he shall prepare and submit a statement showing aggregate value of all
tickets sold per draw, before the draw is conducted. (2) The
Marketing Agent shall ensure that the terminals including all component parts
accessories used in the network are procured from reputed lottery terminal
supplier. (3) The
Marketing Agent shall ensure that any data and information relating to
computerized network lottery cannot be accessed, read, added to, removed or
altered by unauthorized person. A log books should be maintained to prevent
unauthorized infringement of the place where such system is installed (4) Its shall
be a responsibility of Marketing Agent to protect the secrecy of the process of
production and distribution of the lottery ticket and other items in a
computerized network. He shall ensure the safety of such materials and
equipment which could be used to produce forged tickets. (5) The
Marketing Agent should ensure the security sand safety of the Central computer
system, equipment, data, ticket materials and other consumables used in
production of tickets the communication network and retail terminal so as to
prevent theft, fraud, misuse or total destruction from fire, accidents or such
other natural disasters. He shall abide by any security measure, that may be
ordered by the State Government in this behalf. (6) The
Marketing Agent shall ensure that the lottery tickets are not sold in
"Lottery free zone' States or Union territories. (7) The
Marketing Agent shall enter into an agreement, arrangement or understanding
with the Government for successful running and management of the computerized
network lottery on specified terms and conditions. (1) The
Marketing Agent shall make payment of all the sale proceeds of the Lottery
tickets to the State treasury and its branches or designated Banks under the
specified Head of Account. (2) Wherever
Treasury of Banking facilities are not available, payment can be made by
telegraphic transfers or other modes (as determined by the State Government) to
a Bank or Treasury as specified. The State Government may appoint any chartered Accountant
or any other persons having requisite qualifications to conduct an independent
audit of all accounts, pertaining to the conduct of State Lottery. The State
Government may also appoint computer Engineers or experts to conduct audit and
inspection of the computer system network installed by the agent. Such person
will also be responsible for checking and counting of tickets being sold., to
detect any computer related errors mistakes, frauds, misuse of the system, to
prevent data manipulation, and such other work assigned to him by the Director. In case of natural calamities or circumstance beyond the
control of agent or any other person involved in the process the State
Government may allow such remission as it may deem appropriate. (1) In case of
dispute, in the matters of payment of prize, sale of tickets or any other
matter the decision of the Committee appointed by the State shall be final. If any question arises as to the interpretation of these
rules or any other matter not expressly provide for in these rules, the matter
shall be referred to the State Government, Finance Department and the decision
of the State Government on such question shall be final.SIKKIM ON-LINE NETWORK LOTTERY RULES, 2001
PREAMBLE