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SIKKIM ON-LINE NETWORK LOTTERY RULES, 2001

SIKKIM ON-LINE NETWORK LOTTERY RULES, 2001

SIKKIM ON-LINE NETWORK LOTTERY RULES, 2001

 

PREAMBLE

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:

Rule - 1.Short Title And Commencement.

(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.

Rule - 2. Definitions.

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.

Rule - 3. Administering and Implementing On-line Lottery.

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.

Rule - 4. Conduct of on-line network Lottery.

(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.

Rule - 5. Release of Schemes.

The State Government may release such number of schemes and draws in conformity with the Act.

Rule - 6. Denomination of Tickets.

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.

Rule - 7. Decision regarding date of draw etc.

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.

Rule - 8. Place of draw.

(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

Rule - 9. Printing tickets.

(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.

Rule - 10. Conducting of on-line Network Lottery.

(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.

Rule - 11. Holding of the draw.

(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.

Rule - 12. Mode of Issue of Tickets.

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

Rule - 13. Responsibility of the player.

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.

Rule - 14. Award or Prize Amount.

(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.

Rule - 15. Claiming of the Prize Amount.

(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.

Rule - 16. Verification of the ticket.

(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.

Rule - 17. Payment of Prize Amount.

(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.

Rule - 18. Appointment of Agent.

(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.

Rule - 19. Duties and responsibilities of the Marketing Agent.

(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.

Rule - 20. Procedure for payment of Sale Proceeds.

(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.

Rule - 21. Appointment of Auditors/Technical experts.

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.

Rule - 22. Remission.

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.

Rule - 23. Resolution of Dispute.

(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.

Rule - 24. Interpretation of Rules.

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.