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SIKK!M
GOVERN'MENT
EXTRAORDINARY
PUBLISHED BY AUTIiORIrv ,> •
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No. 10/LD/1993.
. .~-- Gangtok, Monday, 18th October 1993' F_
No. 145
GOVERNMENT OF SIKKIM
LAW DEPARTMENT '
GANGTOK
Dated, Gangtok .the. ISth, October, 1993.
NOTIFICATION
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The following Act of the- Sikkim Legislative Assembly having received the assent of the Governor on 11th day of October, 1993 is hereby published for general information:-
THE STKKIM LOTTERIES (PROHIBlTION ON RUNNING QF AND SALE OF ,SINGLE DIGIT
AND PRIVATE LOTTERY TICKETS) A,CT, 1993.
(ACT NO. 10 of 1993 )
AN
ACT
to prohibit l'unnil"g of or sal e of single (ljgit lottery and private lottery tickets in the St ate of Sikkim , Whereas it has come to the notice of the State Government that the business of single digit lottery tickets in the State has been having serious social and economic impact detrimental to the society in general; And whereas there has been a serious adverse effect on public order 011 account of the said lottery business ;
And whereas in view of the above it is deemed expedient to stop the business of single digit lottery as well as private lotteries in the State..
Be it enacted by the Legislative Assembly of Sikkim in the Forty -fourth Year of the Republic of of' India as follows :-
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Short title and
commencement.
Difinitions.
I. (J) This Act may .be called the Sikkim Lotteries (Prohibition on .Running of and Sale of Single Digit and Private Lottery Tickets) 1\o.t, 199,3,
(2) It shall be deemed to have come into force on the 1St dilY of August, 1993.
i. In .this Act, unless the context otherwise, requires,«
(a) "agent" means the main stockist and includes an individual, a partnership firm. an association or group of individuals or a company r~gistered.under the Jaw relating to registration of companies entrus- .ted with the responsibility of "ale of lottery tickets on agency basis;
(b) "lottery" means a scheme for distribution of prizes by lot or chance to those persons participating in the chances of a prize -by purchasing ticket; .. .
(c) "private lottery" me811S a lottery run by private individuals or Associations or firms to whom any authority may have given permission to run such lottery;
(d) "single digit lottery" means a scheme for distribution of prizes on the last single digit of a 'lottery ticket number for which prizes offered are more than the actual cost of the ticket;
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Prohibition on nmninB iif or sale if .sillgle digit and private
lottery • Penalty Other ojJences in connection with sinale diait and private lottery. power if entry search, seizure, ere,
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(e) "ticket" in relation to any lottery or proposed lottery, includes any document evidencing the claim of a person to participate in the chances of a lottery.
3. Notwithstanding any agreement or contract entered into by the Government of Sikkirn with any person, party or agent, no person, party or agent shall, with effect from the date of coming into force of this Act, run any private lottery, sale, deal, distribute or purchase any Single digit lottery ticket within the territory of Sikkim, whether such private lettery or single digit lottery is organised within or outside the State of Sikkim :
Provided that nothing in this section shall affect the right of the Government to allow registered SOCieties Or other reccgrused Institution to hold raffles or lucky draws for the purpOse of raising funds for educational, charitable or tther social causes. . :4. If any person, party or agent:contravenes the provisions of section 3, he shall be punishable with'·jrt~lpfjsonmel1t either description for a term with may extend to two years or with fine which may extend to
. ten thousand rupees, or with .both.;
5. If any person with a "iew~o:;~,bmoting or conduct of any si!lgle digit or private lottery ;
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(a) prints or publishes any single digit or private lottery ticket, coupon or other document for use in the single digit lottery or private lottery; or ,,...-
(b) offers or advertises for sale or has in his possession fer the purpose of sale or distribution any Single digit or private lottery ticket coupon, '01' other document for the use in Single digit or private [ottcrv ; or
(c) prints, publishes or distributes or has in his possession for the purpose of publication and distrihution,-
(i) any advertisement of Single digit or private lottery; or
(ii) any such matter descriptive of or otherwise relating to the Single digit or private lott er y as is calculated to act as an induce- ment to persons to participate in such lottery; or
(d) brings, or invites any person to send into the tervirories of Sikkim for the purpose of sale or disrriburion , any single digit or private lottery ticket, coupon or other documents for use in any advertisement cf single digit cr private lottery; or
(e) uses any premises, or causes or knowingly permits any premises to be used for the purpose connected with the promotion Or conduct of any Single digit Or private lottery ; or
(I) causes or procures cr attempts to procure any person to do any of the acts specified in clauses (a) to (e) ; he shall be punishable with imprisonment of either description for OJ term which may extend to one yrar or with fine which may extend to ten thousand rupees, or with both.
6. (I) It shall be lawful for any police officer not below the rank of a Sub-Inspector authorised by the Government in this behalf by general or special order invvrlting
(a) to enter, if necessary by force, whether by day or night, with such assistance as he Irlay consider necessary, any premisf·s which he has reason to suspect are heing used for the purposes connected with the promotion or conduct of any single digit and private lottery in contravention of the provisions of this Act ;
(b) to search the premises and the person whom he may find therein
(c) to take into custody and produce before a Ma~istra[e all such pt'rsons whom he has reason to believe' to he guilty ol an offence punishable under this Act or against whom a reasonable complaint has
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Vf -1- :; Offences to be cognizable and non-bailable. Repeal and Savina·
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been made or credible information has been received or a reasonable suspicion exists of their having been concerned with the use of such premises for purposes connected with Of with the promotion or con- duct or any lottery in contravention of the provi sions of thi s Act ; and
(d) to seize all things found therein which are intended to be used Or reasonably suspected in having been used in connection with such lottery.
(2) All searches under thi s section sball be made in accordance with the provisions of the law relating to Criminal Procedure for the tirne being in force in the Slate.
7. All offences under tl.is Act shall be coglliz,ble and non-bailable.
8. (1) The Sikkim lotteries ( Prohibition on Running of and Sale of Single Digit and Private Lottery Tickets) Or dir.ancc , J 991, is hereby repealed .
(2) Norwtthstanding such repeal, wything done or any action taken under the Ordinance so rcpea lcd , ;hll be deemed to have been done or taken under the cor rcspondinp provisions of this Act. Ordinance No. 1
if 1993·
By order of the Governor,
B. R. Pradhan
Secretary to the Government of Sikkim
Law Department.
F. No. 16(270)LDj93.
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PRINTED AT THE SIKKIM GOVT. 'PRESS, GANGTOK.
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