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Government of Punjab
Department of Finance
(Directorate of Lotteries)
Notification
The 9th November, 1998
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No. G S R 77/C.A 17/98/S.12/98. – In
exercise of the powers conferred by action 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:- |
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1. |
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Short title, commence & application:- |
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(i) |
Those ruler may be called the Punjab State Lottery,
Rules,1998. |
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(ii) |
They shall come into force on and with effect from the
date of their publication in the Official Gazette. |
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(ii) |
They shall apply to all the lotteries, organized,
conducted and run by the State Government. |
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2. |
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Definition:- In these Rules, unless the Context otherwise requires |
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(a) |
‘advertising agency’ means an agency engaged by the
State Government for making the publicity of the State Lottery Schemes; |
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(b) |
‘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; |
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(c) |
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; |
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(d) |
‘Director’ the Director of
Punjab
State
Lotteries; |
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(e) |
In
‘draw’ method by which the prize winning
numbers drawn as per Lottery by
operating the draw machine. |
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(f) |
‘printer’ means a person with whom an agreement has
been executed for printing of lottery tickets;
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(g) |
‘purchase advance’ means an amount required to be paid
in advance by an agent before lifting the tickets; |
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(h) |
‘State Government’ means the Government of the State of
Punjab
in the
Department of Finance; |
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(i) |
‘State Lottery’ means the Punjab State Lottery
organized, conducted or run by the State Government; |
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(j) |
‘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
Government and also to consider the matters with regard to the printing of
tickets or the matters allied thereto; and |
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(k) |
‘tickets’ means the State Lottery tickets published and
released by the Director for sale of a particular draw tender any lottery |
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3. |
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Headquarter of
the office of the Director:- The Headquarter at
office of the Director shall be at
Chandigarh or at any other place as may be decided by the State Government. |
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4. |
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Conducting of the State Lottery |
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(i) |
The State Lottery shall be organized 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. |
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(ii) |
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. |
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(iii) |
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. |
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5. |
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Printing of
Tickets |
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(i) |
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. |
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(i) |
The Director, shall arrange to deliver the tickets to
the agent or agents, as the case may be at the place mutually agreed upon. |
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(iii) |
The form, size and design of tickets shall be decided
by the Director. |
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(iv) |
The tickets printed for each draw shall bear imprint
and logo of the State Government on tickets number, the date of draw and price
of ticket.
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(v) |
On the revenue 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. |
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(vi) |
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. |
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(vii) |
The tickets shall be issued by the Director to the
agents or to the officials of the Directorate of Lotteries for sale. |
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6. |
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Prohibition of
sale of tickets:- The tickets shall not be sold by
the agent in a State or upon where the sale of the tickets is prohibited by law
unless permission of the competent authority is obtained in this behalf by the
Director. |
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7. |
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Timings and Place
of draw |
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(i) |
The draw shall be conducted by the State Government. |
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(ii) |
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. |
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(iii) |
The date and timing 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
date and timing of draw. |
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(iv) |
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. |
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8. |
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Lifting of tickets by the agents |
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(i) |
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; |
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(ii) |
Providing that the Government may extend the period for holding the
first draw if it considers
necessary to do so in public interest. |
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(iii) |
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. |
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(iv) |
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. |
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(v) |
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. |
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(vi) |
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 from 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. |
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(vii) |
In case of 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. |
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(viii) |
In case there is no 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 authorized sub-agent and there is any loss of tickets due to any reasons,
no compensation of any kind shall be allowed to the agent. |
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9. |
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Withdrawal of
marketing of tickets by 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. |
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10 |
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Publication of
result:- 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. |
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11 |
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Payment of
Prizes |
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(i) |
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. |
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(ii) |
The payment of bigger prizes will be made by the
Director after deducting the Income Tax and departmental charges, if any. |
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(iii) |
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: |
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(iv) |
Provided that the Director may
after the expiry of the aforesaid period of thirty days, but not exceeding one
hundred and eight days, disburse the prize amount to the prize winners on his application, for the cogent reasons
to be recorded in writing |
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(v) |
Provided further that
the Stat 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 |
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(vi) |
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. |
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12 |
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Appointment of
Chartered Accountant:- The
Director may appoint any Chartered Accountant or any other
person having equivalent qualifications for checking and
counting of tickets and prize winning tickets |
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13 |
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Payment to
Minors:- 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. |
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14 |
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Deduction of
Income Tax:- Income Tax on prizes wherever
applicable, shall be deducted at source. |
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15 |
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Forged or
torn out tickets:-
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(i) |
A ticket which is forged, torn out, mutilated or
tempered with, shall not be entertained. |
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(ii) |
All the prize winning tickets holders shall be paid in
Indian currency. |
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(iii) |
One ticket will enable the
holder thereof to claim one prize only, whichever is higher |
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(iv) |
The claim for prizes above rupees five thousand, shall
be paid by the Director. |
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(v) |
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. |
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16 |
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Depositing of
sale proceeds of tickets:- 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. |
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17 |
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Framing of
lottery schemes and prescribing conditions:-
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(i) |
The
State Government may frame different lottery schemes which
it may like to introduce from time to time |
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(ii) |
The State Government may lay down qualifications,
experience and other terms and conditions keeping in view the prevailing market
conditions for becoming agent or printer. |
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(iii) |
The lottery scheme can be changed or modified by the
State Government keeping in view the market conditions, in consultation with
the agents. |
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18 |
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Making good of
loss:- 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. |
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19 |
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Weeding out of
Old Record:- 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 |
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20 |
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Arbitrator:- 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 |
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21 |
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Remission:- In case of natural calamities or circumstances beyond
the control of agent of 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. |
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22 |
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Interpretation:- 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 thereon shall
be final. |
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RAJAN KASHYAP,
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Principal Secretary (Finance)
Government of Punjab
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