Government of Punjab
Department of Finance
(Directorate of Lotteries)
The 9th November, 1998
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:-
- Short title, commence & application:-
- Those ruler may be called the Punjab State Lottery, Rules,1998.
- They shall come into force on and with effect from the date of their publication in the Official Gazette.
- They shall apply to all the lotteries, organized, conducted and run by the State Government.
- Definition:- In these Rules, unless the Context otherwise requires
- 'advertising agency' means an agency engaged by the State Government for making the publicity of the State Lottery Schemes;
- '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;
- 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;
- 'Director' the Director of Punjab State Lotteries;
- In 'draw' method by which the prize winning numbers drawn as per Lottery by operating the draw machine.
- 'printer' means a person with whom an agreement has been executed for printing of lottery tickets;
- 'purchase advance' means an amount required to be paid in advance by an agent before lifting the tickets;
- 'State Government' means the Government of the State of Punjab in the Department of Finance;
- 'State Lottery' means the Punjab State Lottery organized, conducted or run by the State Government;
- '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
- tickets' means the State Lottery tickets published and released by the Director for sale of a particular draw tender any lottery
- 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.
- Conducting of the State Lottery
- 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.
- 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.
- 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.
- Printing of Tickets
- 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.
- The Director, shall arrange to deliver the tickets to the agent or agents, as the case may be at the place mutually agreed upon.
- The form, size and design of tickets shall be decided by the Director.
- 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.
- 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.
- 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.
- The tickets shall be issued by the Director to the agents or to the officials of the Directorate of Lotteries for sale.
- 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.
- Timings and Place of draw
- The draw shall be conducted by the State Government.
- 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.
- 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.
- 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.
- Lifting of tickets by the agents
- 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;
- Providing that the Government may extend the period for holding the first draw if it considers necessary to do so in public interest.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Payment of Prizes
- 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.
- The payment of bigger prizes will be made by the Director after deducting the Income Tax and departmental charges, if any.
- 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 eight 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 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
- 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.
- 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
- 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.
- Deduction of Income Tax:- Income Tax on prizes wherever applicable, shall be deducted at source.
- Forged or torn out tickets:-
- A ticket which is forged, torn out, mutilated or tempered with, shall not be entertained.
- All the prize winning tickets holders shall be paid in Indian currency.
- One ticket will enable the holder thereof to claim one prize only, whichever is higher
- The claim for prizes above rupees five thousand, shall be paid by the Director.
- 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.
- 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.
- Framing of lottery schemes and prescribing conditions:-
- The State Government may frame different lottery schemes which it may like to introduce from time to time
- 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.
- The lottery scheme can be changed or modified by the State Government keeping in view the market conditions, in consultation with the agents.
- 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.
- 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
- 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
- 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.
- 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.
Principal Secretary to the
Government of Punjab