The Manipur Lotteries Control Act, 1988

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no 5 No. 264(A) Imphal, Thursday, Aveus 6, 1992 (Sravama 13, 1914)

46 GOVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT \ NOTIFICATION Imphal, the 6th August, 1992 A | % No: 2/13/8T-Leg/L—The following Act of the Legislature, Manipur which Hs foceived assent of the Protident of India on 237-92 is hereby published | 5 the Manipur Gazette, ; : Sd IL BUOY SINGH, ; c Legal Remembrancer-cum-Secretary, Law & Legislative Affairs Department, Government of Manipur. THE MANIPUR LOTTERIES CONTROL ACT, 198 : 0 (Manipur Act No. 2 of 1992) £ An |

• • ACT ’ ks 3 fo control and 10 tax lotteries in the State ‘of Manipur. | ) Be ltcnacted by the Legislature of Manipur in the Thirtyninth Year of | Ea the Republic of Indie. es follows i— - 1 | 1 Sort title, extent and commencement = (1) This Act may be called | [ the Manipur Lotteries Control Act, 1088, 2 hat | @) It extends to the whole of the State of Manipur. € Ex (3) It shall come into force on the date of its publication in the official pe Fe E : Git) £9 : : «2. Definitions:—(1) In this Act, upless the:context otherwise requires :— je |e (@ “authority” means an authority to be appointed as such by the State - Ca H I~ fa) Government whether geoesslly or for a particular purpose or-for a ~ : ~~... particular provision of this Act; 2 i E: '(b) “licence” means a licence granted under this Act; 5 Lak Car FE i h ls a ES. : Es — 2 % x # EB : we, LS Be So ee uss = r ER — i 2s rT - a ~ . ] ®) “money'inciudes a cheque or any other negotiable instrument, a postal order or money order; x

1. (d) “prescribed” means prescribed by rules made under this Act;

1. (9) “quarter” means a period of three moaths fron the Ist January to 3ist March, from Ist April to 30ih June, from Ist July to 30th September and from lst October to 31st December in each year; (© “State Goverameat” means the State Government of Manipur; q
   • (g) “ticket” includes, in relation to any lottery or proposed lottery, any document evidenciog the claim of a person to participate in the chances of the lottery.
2. (2) For the purposes ofthis Act— @ refereace to priating shall bs construed as facluding references to wiiting aad other modes. of representiag of reproducing words in a visible: form; and
   • (b) documents or other matters shall bs desmed to be distributed if they are distributed 10 persons or in places within or outside ths Stats and the expression ‘distribution’ shall be construed accordingly.

Subject to the provisions of this Act, all lotteries are unlawful.

(1) Subject to the provisions of this section, every person who in connection with any lottery promoted or proposed to be promoted, either in the State or elsewhere— (a) Publishes any proposal to pay any sum or to deliver any goods, one or more or infer from data, anything for the benefit that person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number, colour, or figure in the lottery; or (b) prints any tickets for use in the lottery; or (c) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, any ticket or chance in the lottery; or (d) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution— (i) any advertisement of the lottery; or (ii) any list (whether complete or not) of prize-winners or winning tickets in the lottery; or (iii) any such matter descriptive of the drawings intended for the lottery, or otherwise relating to the lottery as is calculated to act as an inducement to persons to participate in the lottery; or (e) sends or attempts to send out of the State, (i) any money or valuable thing received in respect of the sale or distribution of any ticket or chance in the lottery; or (ii) any document recording the sale or distribution or any ticket or chance in the lottery; or (iii) any document recording the identity of the holder of any ticket or chance in the lottery; or (f) uses any premises, or permits any premises to be used, for purposes connected with the promotion or conduct of the lottery: or (g) causes or attempts to cause any person to do any of the above mentioned acts, shall, on conviction, be punishable— (i) for the first offence with fine which may extend to two thousand rupees: (ii) for the second offence with fine which may extend to three thousand rupees; and (iii) for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both. (2) In any proceedings instituted under sub-section (1), an accused person shall not be deemed to be guilty if he proves that the lottery to which the proceedings relate was such a lottery as is not deemed to be an unlawful lottery under section 5, section 6 or section as the case may be, and that at the date of the alleged offence the accused believed and had reasonable grounds for believing that there was no contravention of any of the conditions required by section 5 or section 6 or section to be observed in connection with the promotion and conduct of the lottery.

be deemed to be an wolawful lottery, if the promoter thereof has obtained a licence in respect of such loitery.

1. (2) The following conditions. shall be observed by the promoter in connection with the promotion and conduct of such lottery, namely :— te) the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of winning tickets or chances, or, in the case of a lottery promoted for the members of a society, shall be devoted either to the provision of prizes as aforesaid or to the purposes of the society or, as to a part of the proceeds, to the provision of prizes as aforesaid and, as to the remainder, to such purposes as aforesaid;
2. (0) there shall not be exhibited, published or distributed any written notice or advertisement of the lottery other than :— (@) a notice thereof exhibited on the premises of the society for whose members it is promoted or, as_the case may be, on the premises on pe which the persons for whom itis promoted work or reside; and
   • (if) such announcement or advertisement thereof as is contained in the tickets, if any; a3 batovsh of lade - o | _ | . | (©) the prize of every ticket or chance shall be the same and shall be stated on the tickets;
   • (d) every ticket shall bear upon the face of it the name and address of the promoters and a statement of the ersons to whom the sale of tickets or chances by the promoters is restricted, and a_statement that no prize won inthe lottery shall be paid or delivered by the promoters to any person. other than the person to whom the winning ticket or chance’ was sold by them, and 10 prizes shal be aid or delivered except in accordance ith that statement; (©) mo ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof, and no money oF yaluable thing so_ received by a promoter shal in any circumstance be returned ; as (no tickets in the lottery shall be sent through the post. If any of the conditions specified in sub-section (2) is contravened, each of the premoters of the lottery, and where the person by whom the conditicn is contravened, is not one of the promoters, that person also, shall, on conviction, be punishable— @ for the first offence, with fire which may extend to two thousand rupees ;
3. (6) for the second offence with fine which may extend to three thousand rupees ; and (€) for uny subsequent offence with impriscament for a term which may extend to three months or with fine which may extend to five thousand rupees or with both : Provided that in any preceeding uncer this section, it shall be a defence for a perscn charged only by reson cf his being a promoter of the lottery f 10 prove that the cfience was committed without his knowledge. b i EXPLANATION: — For the purpose of this section— (@ the expression “private lottery” means a lottery in the State Which is promoted for, and in which the sales of tickets or chances by the promoters is confined to, either— lL @) members of one society established and conducted for purposes ! not conected with gaming, wagering or lotteries ; or i (i) each and every person to whom under the foregoing provisions tickets or chances may be sold by the promoters and, in the ase of a lotery promoted for the members of a society, is a 5 person in writing by the governing body of the | society to promote the lottery ; and ' | ¢ BU— ER... onan MINA tS I me we ee a— Sm f ¢ 1b) the expression “society” includes a club, institution, organisa other association of persons by whatever hame called, and in le affliated branch or section of a society snall be regarded as soparate and distinet society.

(1) Notwithstanding anything to the contrary contained in this Act, the State Government may, in respect of a tottery promoted for the benefit of a charitable. religion: or educational instilutioh or organisation. grant alieence. suh'ject to such cOhdttiode and on the payment of such fees or taxes as may he afiecified ‘in the 31121 licence. and such lottery shalt not be deemed to he an untawt‘ul lottery : Provided that 'the rate ot'lt‘ax _shail_ nbt he. iii. any case, higher than the tatea set out in subsection (1) and sub-seetton (2) of section 10. (2) It‘ any of the conditions spesifle-J in any licence granted undersub-section (I) is contraxcnei. each of the nromoters of the tattery and where the person by: whom the conditizgn is contravened. is not of one the prominent, that person also, shalt, DJ canvieu’on. be punishable— (a) for the first nfience with fine which mhy extend to "two thousand idea"; (b) for the second offence with fine which may extend to three thousand rupees; and (e) for any sudzequent ofience with imprisonment for a term which ma extend to thy“: mmths or with fine which may extend to fivethousan rupees or wnh both: Provided that in any proceeding undet- this seetion, it shall be a defo'rtee for a petam chargei only :easm 0 his baths a promtitor of the lottery toprove that the .: ?..-.;.- nus ca.n-eit:ed without his kno Hedge.

Every licence granted under this Act shall be granted by the State Goremment on paymeniot such fees and subject to such conditions unit shall lie in such form as may be prescribed.

The State Government may lnspend or cancel a licence granted under this Actm (i) if theteia any brua-Si'. .Funy otth; cmditicns sehject to which the licence is granted; or (ii) if the holtler of such licence contravenes any of the condition tpeeified in section 5 or section 6 or in a licence referred to in section 7 ; or (iii) ifany tax payable under section 10 is hottihiy psid' hy the promoter ; or (iv) iii3 the holder of such licence contravenes any of the provhione of section :‘or (v) :ier. hay O_lhei teasep {ei- .a‘hi'oh-the stapenslhli or' caneellatien of the ttéeaee is, unite opinion of the State Gom,'nmy in the public interest.

(1) There Mhbe-bfledjn-mwm 10mg for which alieenoe hasheenp ' undeeseetioe s,mn§or

(1) The amount of tax to be levied in respect of a lottery under section 10.shall d: calculated by the authnrity on the total 5.11:1 receivej or due in respert of thelottery es disclosed in the amounts maintained by the promoter and statements submitted to the authority under Suilluh ii. (1; In estate where no such acceunts are maintained or where no each statements are submitted or where such accounts or statements are in the opinien of the autharity, false or incorrect, the authority shall make the calmlationte the best of his judgement. (3) If any tax payable under section 10 is in arrear. the authority may. in lieu thereof, recover any sum not exceeding d-ieblc the amount of the tax an unpaid or any smaller snrn abate the amount of the tax which the authority me}! think it reasonable to recover.

All sums payable as fees or taxes under this Act may he recovered in the manner prescribed in the Code of Criminal Procedure 1913 (No. 2 of 1914) (hereinafter refuted to a: the Code).

Every person promoting aiottery bf any kind shall keep and meihteiuedpruper and correct faceounts relating to such latter} and shall submit the statements to the authoriry in such form and at such period as may be prescribed.

Ir any promoter ore lottery liable under hectien I3. to keep accounts erto submit statements. fails to keep the accounts or to submit the statementsiu the manner and in the period preseribed. be than, on convicti-ztn. be punishable with fine which may extend to one thousand rupees.

The en‘thorily or any person authorised in this behalf may, for the purpoue‘ of this hot, 'at 111 reasonable timet— (i) regime suggprpegfoter 'pt‘h'létiery to etogluce beteh \h'ih acuoiii‘i'ite 'er‘oiher deenments'et to furnish en}r other informetlh'n;‘hr (ii) inspect the emulate of any such promoter.

Notwithstanding anything contained in the Code, any police officer not below the rank of Sub-Inspector or any officer authorized by the State Government in this behalf may— (a) enter, with the assistance of such persons as he found necessary, by night or by day, and by force, if necessary, any house, room, or place which he has reason to suspect is used for purposes connected with the promotion or conduct of any lottery; (b) search all parts of the house, room or place which he shall have so entered, the persons whom he shall find therein and also such persons as may be specified by name in the warrant; (c) take into custody and bring before a Magistrate all such persons; (d) seize all things which are reasonably suspected to have been used or intended to be used in connection with a lottery and which are found therein.

All searches, made under section 16, shall be made in accordance with the provisions of the Code.

Notwithstanding anything contained in the Code, any Police Officer not below the rank of Assistant Sub-Inspector may apprehend without warrant any person found or reasonably suspected of committing an offence under this Act, in any public street or thoroughfare or in any place to which the public have or are permitted to have access.

Notwithstending anything contained in the Code, every Police Oflioet not below the rank of Suh-Inspector shall have power to inVestigate a1! oit'enccs punishable under this Act.

Notwithstanding anything contained in the Code, every offence under this Act shall be non-bailable.

Notwithstending anything contained in the Code, every ofi'enee under this Act shall he tried by a Magistrate of the First Class.

The State Government may, by general or special order, authorise any officer to perform the functions of the authority under any of the provisions of this Act.

Where a person committing an offence under this Act is a company or other body corporate or an association of persons (whether incorporated or not), every person who at the time of the commission of the offence was a director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge, be deemed to be guilty of such offence.

The Authority and all officers duly authorised under section 22 shall exercise such powers and perform such duties conferred and imposed on them by or under this Act, in accordance with such orders as the State Government may, from time to time, issue.

All officers acting under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).

No suit, prosecution or other legal proceeding shall be instituted against any officer of the State Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

(1) Any person aggrieved by any order passed under this Act, by the authority or any officer authorised under section 22, may appeal against such order to the State Government. (2) The State Government may, at any time call for and examine the record of any order or the proceedings of any officer or person for the purpose of satisfying itself as to the legality or propriety of such order passed by, or as to the regularity of such proceedings of, such officer or any person may pass such order in reference thereto as it thinks fit. (3) Every order passed in appeal under this section shall, subject to the powers of revision conferred by Sub-section (2) above, be final and shall not be liable to be called in question in any court of law whether in a suit or other proceeding or by way of appeal or revision.

The State Government may exempt from all or any of the provisions of this Act any lottery the net proceeds of which are to be devoted to a charitable purpose.

(1) The provisions of section 294-A of the Indian Penal Code, 1860 (XIV of 1860) in its application to the State of Manipur, are hereby repealed. (2) Nothing in this Act shall apply to lotteries organised by the Government of India or the Government of a State within the meaning of entry 40 of List I in the Seventh Schedule to the Constitution of India. (3) Notwithstanding such repeal, anything done or any action taken under the provisions of the section so repealed, in so far as such thing or action is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act, as if the said provisions were in force when such thing was done or such action was taken and shall continue in force accordingly until superseded by anything done or any action taken under this Act.