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REGULATION OF LOTTERIES ANDPRIZE CHITS IN TAMILNADU For Lottery Result Visit: - • www.lotteryindia.in
In Indian law any contract entered into by speaking or in writing by way of wagering or gaming are held to be null and void. • Gambling is highly frowned upon in many parts of India and that means that the lottery laws are very strict. • Lottery is outlawed by some governments, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments. INTRODUCTION
Lotteries and PrizeChits • Running of Lotteries and promoting Prize Chit Schemes were adjudicated by the Courts under two enactments: • Section 30 of the Indian Contracts Act which says Agreements by way of wager arevoid. • Section 294 A of the Indian Penal Code which says running a lottery house is anoffence.
Acts andRules • The Lotteries and Prize chits are governed and regulated by the followingacts: • The Lotteries (Regulations) Act,1998 • The Prize Chits and Money Circulation Schemes (Banning) Act1978 • The Prize Chits and Money Circulation Schemes (Banning) Tamil Nadu Rules, 1980 • The Prize Competition Act, 1955 • The Tamil Nadu Prize Schemes (Prohibition) Act, 1979 • The Tamil Nadu Lottery (Regulations) Rules,2002
LOTTERIES • The Lotteries (Regulation) Act, 1998defines- • LOTTERY • A scheme, in whatever form and by whatever name called, for distribution of prizes by lot or chance to those persons participating in the chances of a prize by purchasingtickets. • BUMPERLOTTERY • A special draw of lottery conducted on or during any festival or other special occasion wherein the prize money offered is greater than the prize money offered in the case of other ordinary draw oflotteries.
CONDITIONS • Section 4 in The Lotteries (Regulation) Act,1998 • Conditions subject to which lotteries may be organized,etc.- • A State Government may organize, conduct or promote a lottery, subject to the following conditions,namely:- • a).prizes shall not be offered on any pre- announced number or on the basis of a singledigit; • b).the State Government shall print the lottery tickets bearing the imprint and log of the State in such manner that the authenticity of the lottery ticket isensured;
Contd.. c) the State Government shall sell the tickets either itself or through distributors or selling agents. d) the proceeds of the sale of lottery tickets shall be credited into the public account of the State; e) the State Government itself shall conduct the draws of all thelotteries. f) the prize money unclaimed within such time asmaybe prescribed by the State Government or not otherwise distributed, shall become the property of thatGovernment. g) the place of draw shall be located within the State concerned.
Contd.. • h) no lottery shall have more than one draw in aweek; • i) the draws of all kinds of lotteries shall be conducted between such period of the day as may be prescribed by the StateGovernment; • j) the number of bumper draws of a lottery shall not be more than six in a calendaryear; • k) such other conditions as may be prescribed by the CentralGovernment.
OFFENCES • The Act bans Prohibition of Sale of ticketsand Prohibition of OrganisationofLotteries. • The Offences under this section shall be cognizable and nonbailable.
The Tamil Nadu Lottery (Regulation) Rules,2002 • Under Section 12 of the Act,the State of Tamil Nadu framed the Tamil Nadu State Lotteries (Regulation) Rules, 2002 and the Tamil Nadu State On-Line Lottery (Regulation) Rules,2002. • The Tamil Nadu Government banned the sale of lottery tickets in TamilNadu.
PRIZECHIT • Prize Chit • A form oflottery • any transaction in which a person collects money in a lump sum or installments by way of subscription or in any othermanner. • In return, it gives, periodically, a specified number of prizes or refund ofsubscription. • Several prize chit schemes run by jewellery shops come under thiscategory.
The Prize Chits and Money Circulation Schemes (Banning) (Tamil Nadu) Rules 1980 • The penalty for promoting or conducting such schemes or prize chits or participating is imprisonment for a term up to three years. • Anyone who prints, sells, distributes or advertises tickets or coupons for such schemes is punishable with imprisonment up to twoyears. • except the chits registered with Registrar of Chits and schemes runbyNon-Banking Finance Companies registered with Reserve Bank of India, all are illegal. • Section 4 provides that who ever contravenes the provision of Section 3 shall be punished for rigorous imprisonment which may extend upto3years. • Provided such rigorous imprisonment shall not be less than 3months. • Section 7 deals with offences by Companies.
REGULATIONS • Particulars of the Schemes and winding up plans to be furnished by thepromoter • Procedure for disposal of the plan orapplication • Promoter to be informed of the terms andconsitions • Extension of time to close the business of thescheme monies • Refund ofmonies or subscriptionscollectedbythe promoter
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