Keyword(s):
Lottery, Money, Prize Competition Lottery, Ticket
No. 1675 (2) XVII-V-1-1 (KA)29/1995
Dated Lucknow, August 25, 1995
IN Pursuance of the provisions of clause (3) of Article 348 of the
constitution of India, the Governor is pleased to order the publication of the
following English translation of the Uttar Pradesh Apradhikrit Lottery (Niwaran)
Adhiniyam, 1995 ( Uttar Pradesh Adhiniyam Sankhya 24, of 1995) as passed by
the Uttar Pradesh Legislature and assented to by the President on August 24, 1995.
THE UTTAR PRADESH UNAUTHORISED LOTTERY ( PREVENTION )
ACT,1995
( U. P. Act No. 24 of 1995)
( As Passed by the Uttar Pradesh Legislature)
AN
ACT
to prohibit the promotion and conduct of all lotteries except
lotteries organised by the Government of India or the Government
of a state or of a Union Territory in Uttar Pradesh and to provide
for matters connected therewith or ancillary thereto.
It is HEREBY enacted in the Forty-sixth year of the Republic of
India as follows:-
1- Short title, extent and commencement-
(1) This Act may be Called the Uttar Pradesh Unauthorised
Lottery (prevention) Act, 1995.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such date as the State Government
may, by notification, appoint in this behalf.
2-. Definition –
In this Act-
(a) ‘Director’ means the Director of Uttar Pradesh State Lotteries
appointed as such by the State Government;
(b) ‘Lottery’ means a scheme for distribution of prizes by lot or chance
to persons participating in the chance of a prize by purchasing
ticket but does not include a State Lottery or a prize competition;
(c) ‘money’ includes a cheque or any other negotiable,instrument, a
postal order, or a money order;
(d) ‘prize competition’ means a prize competition within the meaning
of the prize competitions Act, 1955,
.
(e) ‘state Lottery’ means a lottery Organised and conducted by the
Government of India or the government of any state or of a Union Territory
specified in the first schedule to the Constitution of India ,.
(f) ‘ticket’ includes, any document evidencing the claim of a person
to participate in the chances of a lottery but does not include any cash memo issued
to a purchaser of commodities for payment in cash of the prize of such
commodities.
- Paohibition of promotion and other aection in connection with lotteries
N0 person shall –
(a)- promote or conduct any lottery, or
(b)- after to pay any sum, or to deliver any goods, or to do or for -bear
form doing anything for the benefit of any person on any event or
contingency relative or applicable to the drawing of any ticket, lot,
number, color, or figure in any lottery; or
(c)- print any ticket for use in any lottery; or
(d)- sell or distribute, or offer or advertise for sale or distribution, or
have in his possession for the purpose of sale or distribution, any
ticket or chance in any lottery; or
(e)- print, publish or distribute, or have in his possession for the
purpose of publication or distribution-
(i)- any advertisement of a lottery; or
(ii)- any list (whether complete or not) of prize winners or
winning tickets in any lottery; or
(iii)- any such matter descriptive of the drawing or intended
drawing of any lottery, or otherwise relating to any lottery, as is
calculated to act as an inducement to persons to participate in
any lottery; or
(f)- bring, or invite any person to send, into the State, for the purpose
of sale or distribution any ticket, or advertisement of any lottery; or
(g) send or attempt 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 any Lottery; or
(ii)any document recording the sale or distribution of any ticket or
chance in any lottery; or
(iii) any document recording the identity of holder of any ticket or
chance in any lottery ; or
(h)- use any premises or permit any premises to be used, for purposes
connected with the promotion or conduct of any lottery. - penalty-
Whoever contravenes any of the provisions of section 3 shall be punished
with fine which may extend to twenty thousand rupees or with imprisonment for a
term which may extend to three years or with both. - offence by companies-
(1) If the person committing an offence punishable under this Act, is a
company, the company as well as every person in charge of and responsible to the
company for the conduct of its business at the time of the commission of the
offence, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
provided that nothing contained in this sub-section shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where any
offence punishable under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or connivance of, or
that the commission of the offence is attributable to any neglect on the part of any
Director, Manager, Secretary or other officer of the company such Director,
Manager, Secretary or other officer of the company such Director, Manager,
Secretary or other officer shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation-For the purpose of this section-
(a)”company” means anybody corporate and includes a firm or other
association of individuals; and
(b) ” Director” in relation to a firm means a partner in the firm - Special power of Magistrate regarding fine
Notwithstanding anything contained in section 29 of the Code of Criminal
Procedure, 1973, it shall be lawful for any Metropolitan Magistrate or Judicial
Magistrate of the first class to pass a sentence of fine exceeding five thousand
rupees on any person punishable under section 4. - Search and seizure
(1) The Director or any other officer authorised by the State Government in
this behalf may, with such assistance as may be necessary, enter and search any
place used or suspected to be used in connection with the commission of any
offence punishable under this Act.
(2) Whereas a result of any search made under sub-section (1)anything is
found and the officer making the search has reason to believe that such thing is
connected with any offence punishable under this Act, he may seize such thing.
(3) The provisions of the code of criminal procedure, 1973 relating to
searches and seizures shall, so far as may be, apply to every search or seizure made
under this section.
(4) The Director or other officer referred to in sub-section (1) shall be
deemed to be a public servant within the meaning of section21 of the Indian Penal
Code. - Permission toconduct lottery in certain cases
The State Government may, in public interest , by notification, and subject
to such conditions and restrictions as it may impose, permit any body or
organization established for charitable purpose or for the purposes of promoting
public welfare, to conduct a lottery. - Protection of action taken in good faith
No suit, prosecution or other legal proceedings shall lie against the State
Government or any person in respect of anything which is, in good faith done, or
intended to be done, in pursuance of this Act or rules made there under. - Power to make rules
(1) The State Government may, by notification, make rules for carrying out
the purposes of this Act.
(2) The rules framed under sub-section (1) may provide that any breach of
such rules shall be punishable with fine of an amount not exceeding five thousand
rupees as may be fixed in such rules. - Comission of section 294-A of I.P.C.
Section 294-A of the Indian Penal Code shall be omitted. - Repeal and savings
(1) The Uttar Pradesh unauthorized; Lottery ( prevention) Ordinance, 1995
is hereby repealed.
(2)Not with standing such repeal, anythings done or any action under
theOrdinance to in sub-section (1),shall be deemed to have been done or taken
under this Act as if the provisions of this Act were in force at all material times.
