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No. 264m lmphal. Thursday. August a. 1992 (Sravana 15. am) ' GOVERNMENT OF MAMPUR - SECRETARIAT: LAW & LEGISLATIVE AFFAIRS DEPARTMENT NOTIFICATIONImphal,the6111August.1992-'No.'2373(87-LegIL.—'Ihe followingActoftheLegisi'ature. Maniput which-_.received assentofthePrelidentofIndi__aon23-7-92ishereby published in the Manipur Gazette. Sd/- I. BIJOY SINGH,
_ Legal Remembranoer-cum—Seeretary, Law & Legislative Affairs Department,Government of Manipur.
THE MANIPUR LOTTERIES CONTROL ACT, 1988 i 'x (Manipur' Act No. 2 of I992)1'
An
A_CT . . .
- to control and m'rax lotteries in the State'of Mdm'pur.t i. Be it enacted by the Legislature of Mantphr in the Thirtyninth Year of.the Republic cf India as follows :-- '
. 1. Short title, extent and commenchmem :— (I) This Act may be called E _- the Manipur Lotteries Control Act, 1988. '- ' - '-
(2) It «tends to'the whole of the State of Mgnipurfl ,, ' (3) It shall comeinto force on the date of its publication in the oficial " Gaze t - . ..' i = 5-2;. Définjtidnshétl) In this Act, unkss melon: 3: otherwise requires :-—k "(3') '" authority" means an authority to be appointed as such by the State' , _ Govmment whether nerall or for a particular. purpose or- for a ' ' .. ; MW?! mm? 0 this ct; - -?tfi)' 'ztl'icen'cmeMDS a licence minted under this Act; r a
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tut) "money'inciudess Cheque or any other neflgotiablequtrttmgntts postal ol'liet'pr mpht'ty order;
(d) 'rpmeseribed" menus plemihed by miss matte under this Act;
(e) "quarter" means a period ortthtee maths tron the [st Imusry to Blst March. from Ist April to 30th Suns, from 1st Ju'ly to 39th September and [mm In October to 3lst'Dmemng in each year;
(r) "State Government" means the State Government of Msnipur:
(3) "ticket" includes. in relation to any lottery or Dropssed lottery. any document evidenting the claim ofs petson to participlte {n the chtaoes of the lottery. -
(2} For the purposes oF--this Act—
(1} reference to printing shall b: canstrtted as including references to writing and other modes of representing or reproducing words in a visible form: and
(b) documents or other matters than be deemed 'to be distributed ift'hey are distributed to persqns or in places wlthm or outside the State and the expression 'dittnbutiou' sh!" be Camtwed aocardihgly.
3. MI lotterles untsn-t'ul :—Subject to the provisiqtts of this Act. all totteries are un!awful.
4. Ofl'enees its connection with lotteries—(n Subject to the provisions of this mt'on.every person who in cmnection with snylottery promoted or proposed (.0 be promoted. either in the State or elsewhere—
La) Publishes any proposal to pay say 51.: m. or todellver any_goods. one do or I'orhes! from data; anything [or theibenefit strut person. on any event or contingency telstwe or sophcahle to the drawing nf'sny ticket, lot. number. colour. or figure in the lottery : or
(b) prints any tickets for use in the lottery : ot-
[c] sells or distributes, or offhrs or advertises for sale or distribution. or has in his pqstetstqn for the mumse of sale _.or.sl'tstdhttllsn...sny tichetor chance in the lottery ; or
(d) prints, publishes or distributes. or has in thigpmiou Earthsmm of publication or distribution -
(i) say sdvertisement of the lottery ; .or
(ii) any list (whether camalstsor matter .priu-wianers -or- wishing tickets in the lotterym
(iii) my Inch tnatter descriptive _ofthe drawings! intended dunk: ofthe lottery. or otherwise-felsttng tenths l . seleml to ,mmsmudmtdmpsmdt-to psr' puts [3'1ng 0 y or in
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(0 sends or attempts to send out of the State,
(i) "33' money oi' valuable thing received in respect of the sale or distribution of any ticket or chanceinthe lottery ; ot- '
(ii) any document recmding the sale or distribution or any ticket or chance in the lottery : or
(iii) any document recording the identity of the holder of any tieloet or chance in the lottery; or
(3) uses any premises, or permits any premises to he used,l'otpurpotes connected with the promntion or conduct of the lottery : Ol.'
(h) causes or attempts to cause any person I.) do any of the above mentioned acts,
shall, on conviction, be punishable—
(i) for the first oflences 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 ofl'enee with imprisonment for a term which may extend to three months 01' with fine which may extend to five thousand rupees or with both.
(2) In any proceedings instituted under subsection (1). an accused person shall not be deemed to be guilty if he proves that the lottery to which the p'toeee- dihgs relate was sucha Iotter asis not deemed to he an unlawful iattery under section 5. section 6 or section _. as the case may he. and that at the date of the alleged offence the accused believed and had reasonable grounds for believing that there was no contravention or any of lhe conditions required by section 5 or section 5 or section 3" to bo observed in connection with the promotion 811d conduct of the lottery. '
5. T' ' 4.,nt'"" ml ' " (l) Alattety rammed as an incident of an entertainment shall not be deemed to be an uniawftt lottery, tt' the .ptoyo_thr theteof has obtained a licence in respect of such iothply.
(2) The-t'oilowing conditions shall he ohterved by the mom in connec- tion with. thé-mmotian a_nd conduct of such lottery. nettlely :—
(a) 1:: Whale proceeds of _the entertainment (including the proceeds of t iottery)arter dednuing— -
19 435%" Of the entertainment, excluding expenses inqutted In 'conuwu'on witthe .lottery : . '
(ii) h'h'gfg'PhP'E'J-Efiimd in Primes ticket! oftealqmmd
(iii) "9.31"!!! {if in: not exceeding five hundysd mm as maybe - uepetfletttn'the; aeessetpenses which miy hs'tnettmd hythe WEWMM mite litm-
shall InW to purposes othet than--pflm..m:=
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(h) nose of the prime [in the lottery shall be money primes];
(e) ticketserehancesiathe lett shall not he sold or issued, nor shall the result of the lottery be eclared, except on the premises on which the entertainment takes ace and dutia the fees of the enter- tainment; end Pl 8 pro:
((1) the facilities efl'orded for participating in lotteries shall he the only, or the only substantial, inducement to any person to attend the entertainment.
(3) If In]! of the eanditione specified in aub-seetion (2) is contravened. every person concerned in the promotion or conduct of the lottery shell. on conviction, he punishable—
(e) for the first ofl'ence with fine which may extend to two thousand rupees; and
(h) for the second offence with fine which may extend to three thousand rupees: and
(c) 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:
Provided that in any proceeding under this section. it shalt be a defenee for a person charged to prove that the offence was committed without his knowledge.
EXPLANA'i'ION:—The entertainments to which this section applies ere. hazers, exhibitions, exhibition of feats and other entertainments of a simllsr phereeter, whether limited to one day or extending over two or lore days.
6. Licensed ittr'i't-ttte lotteries net unlawful :—-(i) Aprivate lottery shall not be deemed to he .e,n:;tt_nlswful lottery, if the promoter thereof has obtained a licence in respect oi" such Iottery.
_ (2] The fgllowing ponditihnsshaiibe observed by the promoterin connection With the promotion 'and conduct of such lottery. namely :—
ts} 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, of, in the case of slottety premoted for the members of a society. shall he devoted eithertc the provision of prizes as aforesaid or to the purposes of the society or, as toapart oi' the proceeds. to the provision of prizes as aforesaid and, as to the reminder, to such purposes as aforesaid:
(b) there shall not be exhibited. published or distributed any written notice or advertisement of the lottery other than :—
(i) a notice thereof exhibited on the premises of the society for whose members it is promoted or, as the case may he, on the premites on which the persons for whom it is promoted work or reside; and
(ii) such announcement or advertisement thereof as is ehnteined in the tickets, if 'sny; . _ .. . -.. (. _ ._¢,
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" (e) the" Eu ot'every ticket or chance that] he the same and shall he stand on t tickets;
(d) every ticket shall bear upon the face of it the name and addreat of the promoters and a statement at the revenue to whom the sale of tickets or chances by the promoters is restricted. and a statement that no orize won in the lottery shall he paid or delivered by the promoters to any person other than the person to whom the winning risket or chance was sold them, and no prizes shall he paid or delivered except in aoootdanoe- Wlth that statement:
(e) no ticket or chance shall he issued or allotted hy the promoters except by way of sate and upon receipt of the full price thereof, and no money or valuable thing so received by a promoter shall in any circumstance he returned ; and
(1') no tickets in the lottery shalthe sent through the post. (3} If any of the conditions specified in suh-section (2) is contravened. each of the promottrs ot' the lottery. and where the person by whom the condition is contravened, is not one of the promoters, that person also, thail. on conviction. be punishable—
(a) for the first offence with fine which may extend to two thouiand NIP"! ;
'(h) for the second ofi'encc with fine which may extend to three thousand rupees ; and
(c) for any subsequent cfi'ence with imprisrnment i'm- a term which me extend to three months nr with fine which may extend to five thousan rupees or with both :
Provided thatin any rrtcetding unc'er this settion. it shall be a defence for 3 person charged only by reason cf his being a promoter ot'thelottery to prey: that the ofience Was committed without his knowledge. EXPLANATIONt— For the purpose of this section—
(3) the expression "private lottery" means a lottery in the State which if Promoted for, and in which the sales of tickets or chances hy the promoters is confined to, either—
(i) members of one society established and conducted for purpose! not connected with gaming. wagering or lotteries : or
(ii) each and every person to whom under the foregoing provisions tlcketa or chances may he sold by the promoters and, in the ' easeofalottetwonaotegl fat- the members of a society, is e pergon authot' in writing by the governing body of the
society to promote the lottery ; and -- i;- _
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. -. ._._ . .m.-—w—.m~r—-_.— —.—-—— . ——. '1:
tb themlmseim "society"iacladesaeiuh,.iuatittltien organisms": gm ) association of persona by whatever name cailei. and each iii"! of afiiliated branch or section of a chiety shat! be regarded as separate and distinct society.
!. ucensed chatttahleterteries nut flalawfllfiqutqithsnfiqtng ail'ylhing to the contrary contained in this Act, the State Government may, in respect of a tottery promoted for the benefit ofa 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 :
_ Proyided 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 to. (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 by :easm 0 his baths a promtitor of the lottery toprove that the .: ?..-.;.- nus ca.n-eit:ed without his kno Hedge.
8. LIceacea—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.
9. Sasaenslen or cancellation of licence:--The State Government may lnspend or cancel a licence granted under this Actm
(t) it' 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) if any tax payable under section 10 is hottihiy psid' hy the promoter ; or (it) 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. .
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lo...Lmr of tax on lotteries :— 1) There Mhbe-bfledjn-mwm10mg for which alieenoe hasheenp ' undeeseetioe s,mn§or,eeetlo: 7. e_ tax It such rate notuoeecdteg tmtveendehaltpuconloflhe totalsumreceived or due in respect of such lottery es nay be specified the State Govern- ment, by netifieetioninthe nflicial Gazette and the tin shit be eefleceed fromthe promoter oi" such lottery, Is the case may be.
(2) Notwithstanding anything contained in sub-eection {1), the State Govern- man: they, by notification in the oflicial Gazette. direct that the tax to belevied in respect efatottery shall be at such rate not exceeding fifty per centof the total sum received or clue in respect or such lottery at meybe specifiedin the notification.
(3) The authority may, after leaking such inquiry es'he deeme'fit. determine theipeman who shell be deemed t0 be the promoter for the purpOses of thissectee. ll. Calculation and recovery of tax levied under section 10 :--[1) The amount oftax to be levied in respect of a lottery under section [0.shall d: calculatedby the authnrity on the total 5.11:1 receivej or due in respert of thelottery esdisclosed in the amounts maintained by the promoter and statements submittedto 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 opinienof the autharity, false or incorrect, the authority shall make the calmlationtethe best of his judgement. -
(3) If any tax payable under section 10 is in arrear. the authority may. inlieu thereof, recover any sum not exceeding d-ieblc the amount of the tax anunpaid or any smaller snrn abate the amount of the tax which the authority me}!think it reasonable to recover.
12. Recovery of licence tee and ether dues:~—All sums payable as fees or taxesunder this Act may he recovered in the manner prescribed in the Code of CriminalProcedure 1913 (No. 2 of 1914) (hereinafter refuted to a: the Code).
13. Pi't'alnnters ol' Jetteries to keep and maintain amuntsh—Every person promoting aiottery bf any kind shall keep and meihteiuedpruper and correctfaceounts relating to such latter} and shall submit the statements to the authoriry insuch form and at such period as may be prescribed.
14. Penalty for failure to keep accounts:—Ir any promoter ore lottery liableunder hectien I3. to keep accounts erto submit statements. fails to keep theaccounts 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 thousandrupees.
15. Patter of authority to require preductien of accounts or to inspect_eceaunts:—The en'thorily or any person authorised in this behalf may, for thepurpoue' 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.
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'lci-Pewer' 'et entry and semi:-—Netwithstaeding anything contained in the Code; any police oficer not below the rank of Suh-l'nspeotor or any oflioet anthem hy 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 plane which he has reason to suspect is used for purposes ceneeotett with the promotion or oonduct of any lottery; .
(h) search ali parts or the house, room or plaoe which he shall have so entered, the persons whom he shah Jiod therein and also such persons as may be specified by name in the warrant; [9) take into custody and bring before a Magistrate eli' such persons:
(:1) seize all things which are reasonably suspected to have been used or intended to he used in connection with a lottery and which are found therein.
17. Searches hear made :--Ali searches, made under section 16, shallbe made in accordance with the provisions of the Code.
18. Patter to arrestwithout warrant :—Notwithstanding anything contained in the Code, any Police Ofieer not below the rank of Assistant Suh-Inspector may apprehend without warrant any person found or reasonably suspected of committing an ofi'ence under this Act, in any public street or thoroughfare or in any place to which the public have or are permitted to have access.
19. Power of lmesttgetien:—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.
20. Olfenees te henon—batiehle :—Notwithstanding anything contained in the Code. every ofience under this Act shalihe non-haiiable.
21. Jurisdiction to try ofienoes :mNotwithstending anything contained in the Code, every ofi'enee under this Act shall he tried by a Magistrate of the First Class.
22. Authorisation nfcertain oficen to [terrorist the functions of the authority:—'The State Government'may. by general or special order, authorise any eflioerto perform the functions ofthe authority under any of the provisions of this Act.
23. Ofl'ences by eorporation, etc. _;—-Where a person committing an ofl'enceunder this Act is a company or cthet body corporate or an association of persons(whether incorporated or not). every person who at the time of the commissionof the ofl'enoe was a director. manager, secretary. agent or other nfl'icer or personconcerned with the management thereof shall. unless he proves that the ofience wascommitted without his knowledge. be deemed to be guilty of such ofi'enoe.
24. The Authority to eel subject to orders of State GovmmenN—The Authority endalloflioera duly authorised under section 22 shall exercise such powers andperfotm such duties conferred and imposed on them by or under thisAct-. in aooerdanee with such orders as the State Government may, from time to time,
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shall be deemed to be public rcrvants within the meaning of section 21 of the
Indian Panai Code. 1860 (Act No. 45 of 1360).
26. Protection of person! acting In good tailli:--No suit, prose cution or
other legal proceeding shall be instituted against any otheer o f the State
Government tor anything which is in good faith done or inten ded to be done
1 under tLis Actor the rules made thereunde
r.
- 2'1. Appeal and revision :—(l} Any verson aggrieved by any order passed
I. _ unset this .n (1, by lb! authoiity rr an}.r cfii-et authorised under section 22, may appealagatnstsuch eteerltn the State Govunment.
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E - :5 Officers to be deemed public servantst—oAll oficets
acting under this Act
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| i i i i | (2] The State Government may. at any time call for and examine the
. record of any order or the proceedings of any nfieer or person for the purpose
' - t-f satisfyit 3 itst as to the legality er propriety of such order passed by. or
J as to the tegulatity of such proteedings of. such ofi'icet' or any person may
pass sucl: nrdt't' in reference thereto as it thinks fitt } (3) Fvcty cider piamd in apptai under this s ection shall, subject to the
panels of revision confencd by Sub-section (2} above, be final and shall not be
liableto btcalled in question in any wurt of law whether in a suit or other
proceeding or by way of appeal or reyision. _l 23. Exemption:—'I'he State Governm
ent may exempt from all or any of the
_ . provisiOns of this Act any lottery the n et proceeds of which are to he devoted
to a charitable purpose.
29. Power to make rules:—(I} The State Government ma y. by notification
in the efficial Gazette, nake rules for carrying out all or any of the purposes
of this Act.
(2) Without prejudice to the generality of the foregoing powe rs, such rules
may provide for the following matters :—
(i) the procedure for the grant of licences, the form of licence and 1 the fees on payment of which an d the cendilions subject tewhieh
' a licence shall be granted under
section 8;
(ii) the manner in nhich the accounts shall be kept and maintain ed
and the form in which and the period at which. the stat ements of
aucountt ate to be submitted under section 13. i (3) Every rule made under th
is Act shall be laid, as soon as may he,
! before the House of the State Legislat
ure while it is in session, for a total
' period of twenty days which may be c
omprised in one session or in two or
more sneeessiye sessmns, and if. before expiry or the session immediateh
foilowing or successive sessions aforesaid. the Ho use agree in making modi-
fication in the rule or that the rule should not hem ade, the rule shall then:-
si'tet- have effect only in such modified form or be o fuo efi'ect, as the case
may be. so. however, that _any such modification or amendment shall be
without prejudice to the validity of anything previously done under that rule.
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30. Repeal and saving :— fl} The provisions of section 29-1-4! of the Indian Penal Code, 1360 (XIV pr 1360; In its application to the State of Manipur. are hereby repealed.
(2} Nothing in this Act shnil apply to_iotteries organised by the Government of Indiatr Ihe Government of a State wslhin the meaning of entry 40'0!' List! in the' Seventh Schedule to the CULSiimliun of lnuia.
(3) Notwithstanding such repeal. anything: done or any action taken under the preyisions of the section so repeal. in so far as such thing or action is not inconsistent with the provisions ofthis 'Act. be deemed to have been done or taken under the prbvisions of this Act. as if. the said provisions were in force when such thing was dune'or such action was taken and shall con- tinue in force nceordingiy until superseded by anything done or any action taken under this Act.
hinted at the Directoteete nE 'P'rihted n 'Stsnausiy, Maistpa'r'reteaqmm l.
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