In exercise of the powers
conferred by section 12 of the Lotteries (Regulation) Act, 1998 (Central Act 17
of 1998).and all other powers enabling him in this behalf, the Governor of
Punjab is pleased to make the following rules to regulate the State Lotteries
run by the State Government namely: (1) These
rules may be called the Punjab State Lottery Rules, 1998. (2) They
shall come into force on and with effect from the date of their publication in
the official Gazette. (3) They
shall apply to all the lotteries organised, conducted and run by the State
Government. In these rules, unless the
context otherwise requires,-- (a) 'Act'
means the Lotteries (Regulation) Act. 1998][1] (b) 'advertising
agency means an agency engaged by the State Government for making the publicity
of the State Lottery schemes; (c) 'agent'
means a person appointed as such by the State Government, with whom an
agreement for the sale of printed tickets is executed and it includes sole
selling agent, distributor or selling agent; (d) For the
purpose of these rules, 'agreement' means an agreement executed between the
Director and the Agent or Printer or Advertising Agency or any other agency, as
the case may be; (e) 'Director'
means the Director of Punjab State Lotteries; (f) 'incentive,
means an amount to be paid to an agent for promoting the sale of tickets; (g) 'draw'
means a method by which the prize winning numbers are drawn as per lottery by operating
the draw machine: (h) 'Printer'
means a person with whom an agreement has been executed for printing of lottery
tickets: (i) 'purchase
advance' means an amount required to be paid in advance by an agent before
lifting the tickets: (j) 'State Government'
means the Government of the State of Punjab in the Department of Finance: (k) "State
Lottery" means the Punjab State Lottery organised, conducted or run by the
State Government; (l) 'tender
Committee' means a Committee of Officers including its Chairman constituted by
the Principal Secretary Finance for considering and making recommendation with
regard to the tenders invited for appointing the sole selling agent for various
lotteries floated by the State Govt. and also to consider the matters with regard
to the printing of tickets or the matters allied thereto; and (m) tickets? means the State Lottery tickets published and
released by the Director for sale of a particular draw under any lottery. The Headquarter of office of the
Director shall be at Chandigarh or at any other place as may be decided by the
State Government. (1) The State
lottery shall be organised and conducted as per law by the State government by
opening sale depots for tickets or by sale of tickets through agent for which
open tenders shall be invited except in the Bumper draw of a lottery in which
case the tenders may or may not be invited. (2) The sale
of tickets may be made by the State Government itself or through agent or
agents under the terms and conditions regulated by the agreement. (3) The State
lottery shall be named as the 'Punjab State Lotteries'. It may be sub-named as
may be decided by the Director in consultation with the agents. (1) The
printing of tickets shall be arranged by the State Government through the
Director. The expenditure on printing also shall be borne by the State
Government. (2) The
Director shall arrange to deliver the tickets to the agent or agents, as the
case may be at the place mutually agreed upon. (3) The form,
size and design of tickets shall be decided by the Director. (4) The
tickets printed for each draw shall bear imprint and logo of the State
Government, the tickets number, the date of draw and price of ticket. (5) On the
reverse of the ticket, there shall be printed in English, prize pattern and
such other essential details and conditions, which the Director may consider
necessary for the information of the purchasers of tickets. (6) The
tickets in the form of booklet or in any other form as may be decided by the
Director, shall be delivered by the printer to the Director. (7) The
tickets shall be issued by the Director to the agents or to the officials of
the Directorate of Lotteries for sale. The tickets shall not be sold by
the agent in a State or area where the sale of the tickets is prohibited by law
unless permission of the competent authority is obtained in this behalf by the
Director. [2] [6-A. Conducting or organising etc. of lotteries by other States.-- (1) Any other State
may, sell its lottery tickets in the State of Punjab after satisfying the State
Government that the lottery tickets sold by them are in consonance with the
provisions of the Act. (2) Before
selling the lottery tickets, the State of Punjab, the other concerned State,
shall satisfy the State Government by supplying relevant record and
information. The State Government may also call for any additional record or
information, if it is so needed to satisfy itself. 6-B. Prohibition of conducting of organising etc. of
lottery of other State.-- The State Government either
suomoto or on a complaint received from any person, may, within the State of
Punjab, prohibit the sale of tickets of a lottery, organised or conducted or
promoted by other State, if it is satisfied that the letter organised or
conducted Or promoted by other State, is being run in contravention of the
provisions of the Act.] (1) The draw
shall be conducted by the State Government. (2) The
timings of draw for all types of lotteries shall be fixed by the Director
between 9.00 A.M. to 4.30 P.M. The Director may consult the agents in this
regard. (3) The date
and timings of draw shall not be altered ordinarily. However, under exceptional
circumstances depending upon the market conditions or for any other unforeseen
circumstances, the Director may alter a date and timings of draw. (4) The place
of draw within the State of Punjab shall be fixed by the Director. However, the
Director may change it if he considers necessary to do so. (1) The first
draw shall be held within a period of thirty days from the date of execution of
agreement. In case the first draw is not held within the stipulated period due
to any failure on the part of the agent, then his earnest money shall be
forfeited: Provided that the Government may
extend the period for holding the first draw if it considers necessary to do so
in public interest. (2) The agent
shall lift a specific number of tickets as per lottery scheme by depositing the
requisite purchase advance as per approved rates, one or two or three weeks, in
advance as the case may be, as may be directed by the Director in this behalf. (3) In case the
agent does not lift the tickets already printed in full or in part, he shall
have to pay damages equal to the amount of the invoice value of the tickets. (4) The agent
or printer shall have to furnish bank guarantee equal to the amount as decided
by the Tender Committee. In case of bumper draw of a lottery, the amount of
bank guarantee or security shall be as provided in the particular bumper draw
of lottery to be approved by the Director with the prior approval of the State
Government. (5) To ensure
the payment of prizes by the agent, if the Director deems it proper during the
period of contract, he may require the agent to furnish sound security equal to
the amount of prizes of one draw, which shall be furnished by him within
fifteen days from the date of communication received for the State Government.
However, this time can be extended by the Director for a further period of
fifteen days on the request of the agent. (6) In case
any defect or deficiency is noticed in the printed tickets, it shall be brought
to the notice of the Director. Under no circumstances the defective tickets
shall be sold. The purchasers or agent/agents, as the case may be can get
correct numbered tickets in exchange for defective tickets. (7) In case
there is a loss of tickets in transit due to any valid reasons, the same shall
be published by the Director in the newspapers. However, in case the tickets
are once handed over to the agent or to his duly authorised sub-agent and there
is any loss of tickets due to any reasons, no compensation of any kind shall be
allowed to the agent. In case the agent wants to stop
the marketing of tickets at his own will, he shall have to give prior notice of
thirty days, or to pay penalty as per agreement executed for the concerned
lottery scheme. The result of the draw will be
got published by the Director in various newspapers as well as in the Punjab
Government Gazette. A certified copy of the result shall be supplied to the
agent immediately after the draw. (1) The agent
shall make the payment of prizes upto the value of five thousand rupees after
deducting the Income Tax as may be required under the law for the time being in
force, to the prize winners on behalf of the State Government within a period
of thirty days from the date of publication of result in the Punjab Government
Gazette and seek reimbursement, if any, within a period of one hundred and
twenty days from the date of draw provided this time can be extended by the
Director with the prior approval of the State Government. (2) The
payment of bigger prizes will be made by the Director after deducting the
Income Tax and departmental charges, if any. (3) The
prizes, which are not claimed by the prize winners within a period of thirty
days from the date of publication of result in the Punjab Government Gazette,
shall not be disbursed and shall stand forfeited to the Government: Provided that the Director may
after the expiry of the aforesaid period of thirty days, but not exceeding one
hundred and eighty days disburse the prize amount to the prize winners on his
application, for the cogent reasons to be recorded in writing: Provided further that the State
Government after the expiry of a period of one hundred and eighty days, but not
exceeding three years disburse the prize amount to the prize winners, on his
application for the cogent reasons to be recorded in writing. (4) If any
prize money remains unclaimed or is not disbursed within the aforesaid
prescribed period, it will become the property of the State Government. To
determine the unclaimed or undistributed prize money, the agent shall submit
the prize winning tickets to the Director within the period, determined by the
tender committee. The Director may appoint any
Chartered Accountant or any other person having equivalent qualifications for
che(sic) and counting of tickets and prize winning tickets. In the event of a minor becoming
a prize winner, the prize money shall be given to his natural guardian on
production of proof to the satisfaction of the Director regarding the
genuineness of guardianship, failing which the amount shall be paid to the
minor prize winner, on attaining the age of maturity. Income Tax on prizes, wherever
applicable, shall be deducted at source. (1) A ticket
which is forged, torn-out, mutilated or tampered with, shall not be
entertained. (2) All the
prize winning ticket holders shall be paid in Indian currency. (3) One
ticket will enable the holder thereof to claim one prize only, whichever is
higher. (4) The claim
for prizes above rupees five thousand, shall be paid by the Director. (5) In case
of any doubt, the Director may get the tickets verified from the printing press
or by a forensic science laboratory or any other authority. The agent shall deposit the sale proceeds
of the tickets within a period of one hundred and twenty days from the date of
draw, provided that this time may be extended by the Director with the prior
approval of the State Government. (1) The State
Government may frame different lottery schemes which it may like to introduce
from time to time. (2) The State
Government may lay down qualifications, experience and other terms and
conditions, keeping in view the market conditions for becoming agent or
printer. (3) The
lottery scheme can be changed or modified by the State Government keeping in
view the market conditions, in consultation with the agents. In the event of any loss or
damage, caused to the State Government due to the omission or negligence of the
agent, printer or advertising agency, as the case may be, the same shall be
made good by the said agent or printer or advertising agency. After the draw is over, the
record which is no longer required, shall be kept in the custody of the office
of the Director for a maximum period of three years, after which it shall be
destroyed by communicating the decision in this regard to the office of the
Accountant General, Punjab, one month before the date of such destruction. In case of any dispute, the
Secretary to the State Government in the Department of Finance, will be the
Sole Arbitrator and his decision shall be final and binding. In case of natural calamities or
circumstances beyond the control of agent or printer, the State Government may
consider to allow such remission to the agent or printer as the case may be as
it may deem appropriate. If any question arises as to the
interpretation of these rules, or any other matter concerning thereto, the same
shall be referred to the State Government and the decision of the State
Government thereon shall be final.THE PUNJAB STATE LOTTERY RULES,
1998
PREAMBLE