The Andhra Pradesh Lotteries Act, 1968

THE ANDHRA PRADESH LOTTERIES ACT, 1968
ACT No. 16 of 1968
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Lotteries to be unlawful.
4. Offences in connection with lotteries.
5. Licenced Entertainment Lotteries.
6. Omitted.
7. Omitted.
8. Omitted.
9. Omitted.
10. Omitted.
11. Omitted.
12. Forfeiture of newspapers and publications containing
unlawful lotteries.
13. Omitted.
14. Power of entry and search.
15. Power to arrest without warrant in certain cases.
16. Power of investigation.
17. Omitted.
18. Jurisdiction to try offences.
19. Offences by companies.
20. Omitted.
21. Officers to be public servants.
22. Protection of persons acting in good faith.
23. Omitted.
24. Omitted.
25. Power to make rules.
26. Saving.
27. Repeal of Section 294-A of Act XLV of 1860.
THE ANDHRA PRADESH LOTTERIES ACT, 1968
ACT No. 16 of 1968
[20thAugust, 1968]
An Act to provide for the control and regulation of Lotteries in the
State of Andhra Pradesh.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Nineteenth Year of the Republic of India, as follows :-
1. Short title, extent and commencement: - (1) This Act may be called the
Andhra Pradesh Lotteries Act, 1968.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions: - (1) In this Act, unless the context otherwise requires,-
(a)1[xxx]
(b) "Government" means the State Government;
(c)1[xxx]
(d) "money" includes a cheque or any other negotiable instrument, a
postal order or a money order;
(e) "newspaper" includes any journal, magazine or other periodical
publication;
(f) “notification”' means a notification published in the Andhra Pradesh
Gazette and the word 'notified' shall be construed accordingly;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “promote”' includes a proprietor, manager, organiser or any person
having the control or directing the conduct of a lottery and in the case of a
lottery conducted through a newspaper, includes the publisher of such
newspaper:
Provided that in the case of a lottery contained in a newspaper or
publication printed and published outside the State, the manager or agent of
the publisher of such newspaper or publication incharge of its circulation or
distribution in the State shall be deemed to be a promoter of the lottery for the
purposes of this Act; and the words "promote" and 'promoting' shall be
construed accordingly.
(i) “ticket” includes, in relation to any lottery or proposed lottery, any
document evidencing the claim of a person to participate in the lottery.
(2) For the purposes of this Act-
(a) references to printing shall be construed as including references to
writing and other modes of representing or reproducing letters, words or
figures in a visible form;
1 . omitted by the Act No. 31 of 1995, Section 2.
(b) documents or other matters shall be deemed to be distributed if
they are distributed to persons or places whether within or outside the State
and the word “distribution” shall be construed accordingly ; and
(c)1[the Government] may, after making such inquiry as it deems fit,
determine the person who is or is to be deemed to be a promoter in relation to
a lottery and its decision shall be final.
3. Lotteries to be unlawful: - Subject to the provisions of this Act, all lotteries
are unlawful.
4. Offences in connection with lotteries: - (1) Whoever with a view to the
promotion or conduct of any lottery in contravention of provisions of this Act or
in connection with any such lottery promoted or conducted or proposed to be
promoted or conducted, either in this State or elsewhere-
(a) publishes any proposal to pay any sum or to deliver any goods, or to
do or forbear from doing anything for the benefit of any person, on any event or
contingency relative or applicable to the drawing of any ticket, lot, number of
figure in the lottery; or
(b) prints any ticket or other document 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
other documents or chances 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, or prize winners or winning
tickets in the lottery; or
(iii) any such matter descriptive of the drawing or intended drawing of
the lottery, or otherwise relating to the lottery as is calculated to act as an
inducement to persons to participate in that lottery or in the lotteries; or
(e) brings or invites any person to send into the State for the purpose of
sale or distribution, any ticket or other document for use in, or any
advertisement of the lottery; or
(f) sends or attempt to send out of the State, any money or valuable
thing received in respect of the sale or distribution, or any document recording
the sale or distribution, or the identity of the holder, of any ticket or chance in
the lottery; or
(g) uses any premises, or permits any premises to be used, for purposes
connected with the promotion or conduct of the lottery; or
(h) causes or procures or attempts to procure any reason to do any of
the above mentioned acts, 2 [shall on conviction, be punished with
imprisonment for a term which may extend upto five years and with fine which
may extend upto twenty five thousand rupees].
1 . The words “the Government” substituted by the Act No. 31 of 1995, Section 2.2 . The words substituted by the Act No. 31 of 1995, Section 3.
(2)1[XXX].
5. Licenced Entertainment Lotteries: - (1) A lottery promoted or conducted
as an incident of an entertainment shall be deemed to be an unlawful lottery,
unless the promoter thereof had obtained a licence in respect of such lottery.
(2) Every licence shall contain the following conditions to be complied
with by the promoter in connection with the promotion and conduct of such
lottery, namely:-
(a) the whole proceeds of the entertainment (including the proceeds of
the lottery) after deducting:-
(i) the expenses of the entertainment, excluding expenses incurred
in connection with the lottery ;
(ii) the expenses incurred in printing tickets in the lottery ; and
(iii) such sum, if any, not exceeding one thousand rupees, which
the promoters of the lottery think fit to appropriate on account of any expense
incurred by them in purchasing prizes in the lottery, shall be applied towards
purposes other than private gain;
(b) none of the prizes in the lottery shall be money prizes ;
(c) tickets or chances in the lottery shall not be sold or issued, nor
shall the result of lottery be declared, except on the premises on which the
entertainment takes place and during the progress of the entertainment; and
(d) the facilities afforded for participating in lotteries shall not be only,
or the only substantial inducement to persons to attend the entertainment;
(3) If any of the conditions specified in sub-section (2) is contravened,
any person concerned in the promotion or conduct of the lottery shall, on
conviction, be punished for the first offence, with fine which may extend to one
thousand rupees and for any subsequent offence, with imprisonment for a term
which may extend to six months or with fine which may extend to five
thousand rupees or with both:
Provided that in any proceeding under this section, it shall be a defence
to prove that the breach was committed without his knowledge.
Explanation:—The entertainments to which this section applies are bazaars,
sales of work, fetes and other entertainments of a similar character, whether
limited to one day or extending over two or more days.
6.2[x x x]
7.2[x x x]
8.2 [x x x]
9.2 [x x x]
10.2 [x x x]
11.2 [x x x]
1 . sub-section (2) omitted by the Act No. 31 of 1995, Section 3.
2 . Sections 6 to 11 omitted by the Act No. 31 of 1995, Section 4.
12. Forfeiture of newspapers and publications containing unlawful
lotteries: - Where any newspaper or other publication publishes any unlawful
lottery or any advertisement in relation thereto, the Government may, by
notification, declare every copy of the newspaper or every copy of such
publication containing the lottery, to be forfeited to the Government.
13.1[x x x]
14. Power of entry and search: - (1) Any Police Officer-
(i) in the cities of Hyderabad and Secunderabad, not below the rank of an
Inspector authorised by the Commissioner of Police, by general or special order
in writing, and
(ii) elsewhere, not below the rank of an Inspector authorised by a special
warrant issued in each case by a Magistrate of the first class or a
Superintendent of Police or by an Assistant or Deputy Superintendent of Police
specially empowered by the Government in this behalf-
(a) may enter, with the assistance of such persons as may be found
necessary whether 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 in contravention of the provisions
of this Act;
(b) may search all parts of the house, room or place which he shall
have so entered, the persons whom he may find therein and also such persons
as may be specified by name in the order or warrant;
(c) may take into custody and produce before a magistrate all such
persons as are concerned or against whom a reasonable compliant has been
made or credible information has been received or a reasonable suspicion
exists of their having been concerned with the user of such house, room or
place for purposes connected with, or with the promotion or conduct of, any
lottery in contravention of the provisions of this Act; and
(d) may seize all things found therein which reasonably suspected to
have been used or intended to be used, in connection with such lottery:
Provided that no Police Officer shall be so authorised unless the
Commissioner of Police, the Magistrate, the Superintendent of Police or the
Assistant or Deputy Superintendent of Police concerned is satisfied, upon
making such enquiry as he may think necessary, that there are reasonable
grounds to suspect that the said house, room or place is being used for
purposes connected with the promotion or conduct of a lottery in contravention
of the provisions of this Act.
(2) All searches under this section shall be made in accordance with the
provisions of the2[Code of Criminal Procedure, 1973]2[Central Act 2 of 1974].
15. Power to arrest without warrant in certain cases: - Any Police Officer
not below the rank of an Inspector of Police may arrest without warrant any
person found, or reasonably suspected of committing an offence under clause
(a) clause (c) or clause (d) of sub-section (1) of Section 4 in any public street, or
1 . Section 13 omitted by the Act No. 31 of 1995, Section 5.
2 . Substituted by the Act No. 31 of 1995, Section 6.
thoroughfare or in any place to which the public have, or are permitted to have
access.
16. Power of investigation: - (1) Every Police Officer not below the rank of a
Sub-Inspector shall have power to investigate all offences punishable under
this Act.
(2) Every such officer shall in the conduct of such investigation, exercise
the powers, except the power to arrest without warrant otherwise than under
Section 15 conferred by the1[Code of Criminal Procedure, 1973,]1[Central Act
2 of 1974] upon an officer in-charge of a police station for the investigation of a
cognizable offence.
17.2[x x x]
18. Jurisdiction to try offences: - No Court inferior to that of a3[Magistrate
of the First Class] shall try an offence punishable under this Act.
19. Offences by companies: - (1) If the person committing an offence under
this Act is company, the company as well as every person in-charge of, and
responsible to, the company for the conduct of its business at 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 in this sub-section shall render any such person
liable to any punishment if the 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 in sub-section (1), where an offence 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, shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation:—For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other
association of individuals ; and
(b) "director", in relation to a firm, means a partner, in the firm.
20.4[x x x]
21. Officers to be public servants: - All officers acting under this Act shall be
deemed to be public servants within the meaning of section 21 of the Indian
Penal Code.
22. Protection of persons acting in good faith: - No suit, prosecution or
other legal proceeding shall lie against any officer of the Government for
1 . Substituted by the Act No. 31 of 1995, Section 7.
2 . Section 17 Omitted by the Act No. 31 of 1995, Section 8.3 . The words substituted by the Act  No. 31 of 1995, Section 9.4 . Section 20 Omitted by the Act No. 31 of 1995, Section 10.
anything which is in good faith done or intended to be done under this Act or
the rules made thereunder.
23.1[x x x]
24.1[x x x]
25. Power to make rules: - (1) The Government may, by notification and after
previous publication, make rules for carrying out all or any of the purposes of
this Act.
(2) In particular and without prejudice to the generality for the foregoing
power, such rules may provide for all or any of the following matters, namely:-
(i) the form and mariner of application for a licence and the fees on
payment of which, the period of which the conditions subject to which and the
form in which a licence shall be granted2[under section 5].
(ii)3[x x x]
(iii)3[x x x]
(iv) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that any person
contravening any such rule shall, on conviction, be punished with fine which
may extend to fifty rupees.
4[(4) Every rule made under the Act shall immediately after it is made be laid
before the Legislative Assembly of the State if it is in session and if it is not in
session, in the session immediately following for a total period of fourteen days,
which may be comprised in one session or in two successive sessions and if
before the expiration of the session in which it is so laid or session immediately
following the Legislative Assembly agrees in making any modification in the
rules or in the annulment of the rules, the rule shall from the date on which
the modification or annulment is notified have effect only in such modified form
or shall stand annulled as the case may be so, however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.]
26. Saving: - Nothing in this Act shall apply to-
(i) a lottery organised by the Government ; and
(ii) the owner, lessee or occupier of any race course to whom a licence
has been issued for horse racing on a race course under the Andhra Pradesh
(Telangana Area) Horse Racing and Betting Tax Regulation 1358 F. or to any
person who carries on the business or vocation of or acts as a book-maker or
turf commission agent under a licence or permit issued by such owner, lessee
or occupier to enable him to carry on his business or vocation under the said
Regulation as specified in the licence or permit or to any entries in respect of
any stake or bet received by such person.
1. Sections 23 and 24 omitted by the Act No. 31 of 1995, Section 11.
2 . The expression “under section 5” substituted by the Act No. 31 of 1995, Section 12.
3 .  Items (ii) and (iii) omitted by the Act No. 31 of 1995, Section 12.4 . sub-section (4) substituted by the Act No. 31 of 1995, Section 12.
27. Repeal of Section 294-A of Act XLV of 1860: - The provisions of Section
294-A of the Indian Penal Code in its application to the State of Andhra
Pradesh, are hereby repealed.

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