LexThe Telangana Lotteries Act, 1968.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA 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. Licensed 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.
2 [Act No. 16 of 1968]
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 TELANGANA LOTTERIES ACT, 1968.1
ACT No. 16 OF 1968.
1. (1) This Act may be called the 2Telangana Lotteries Act,
1968.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the
Government may, by notification, appoint.
2. (1) In this Act, unless the context otherwise requires,-
(a) 3[xxx]
(b) “Government” means the State Government;
(c) 3[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
2Telangana Gazette and the word “notified” shall be
construed accordingly;
1. The Andhra Pradesh Lotteries Act, 1968 received t he assent of the
Governor on 13.08.1968. The said Act in force in the combined State, as
on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central
Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 20 16,
issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. Omitted by Act No.31 of 1995.
Short title, extent
and
Commencement.
Definitions.
2 [Act No. 16 of 1968]
(g) “prescribed” means prescribed by rul es made
under this Act;
(h) “promoter” includes a proprietor, manager,
organiser or any person having the contro l or directing the
conduct of a lottery and in th e case of a lottery conducted
through a newspaper, includ es the publisher of such
newspaper:
Provided that in th e case of a lottery contained in a
newspaper or publication printed and publ ished outside the
State, the manag er or agent of the pu blisher of such
newspaper or pub lication incharge of its circulation or
distribution in the State shall be deemed to be a promot er of
the lottery for the purpose s 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 referenc es to writing and other modes of
representing or reproducing letters, wor ds or figures in a
visible form;
(b) documents or other matters shall be d eemed to
be distributed if they are distributed to persons or plac es
whether within or outside the State and the word
“distribution” shall be construed accordingly; and
(c) 4[the Government] may, after making such inquiry
as it d eems fit, determine the person who is or is to b e
4. Substituted by Act No. 31 of 1995.
[Act No. 16 of 1968] 3
deemed to be a promoter in relation to a lottery and its
decision shall be final.
3. Subject to the provisions of this Act, all lott eries ar e
unlawful.
4. (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 Stat e
or elsewhere-
(a) publishes any proposal to pay any sum or to
deliver any goods, or to do or forbear doing anything for th e
benefit of any p erson, on any event or contingency relative
or applicable to the drawing of any ticket, lo t number or
figure in the lottery; or
(b) prints any ticket or other docum ent for use in the
lottery; or
(c) sells or distributes, or offers o r advertises for sale
or distribution, or has in his possession, for the purpose of
sale or distribution, any ticket or other docu ments or
chances in the lottery; or
(d) prints, publish es 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, of 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
Lotteries to be
unlawful.
Offences in
connection with
lotteries.
4 [Act No. 16 of 1968]
lottery as is calculated to act as an inducemen t to persons
to participate in that lottery or in other lotteries; or
(e) brings or invites any person to , send in to the
State for the purpose of sa le or distribution, any ticket o r
other document for use in, or any advertisement of the
lottery; or
(f) sends or attemp ts to sen d 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 holde r 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 attemp ts to procu re any
person to do any of the above mentioned acts, 5[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.]
(2) 6[XXX]
5. (1) A lottery promoted or conducted as an incident of
an entertainment shall be deemed to be an unlawful lottery,
unless the promoter thereof has obtained a Iic ence in
respect of such lottery.
(2) Every licence shall contain the following conditions
to be complied with by the promoter in connecti on with the
promotion and conduct of such lottery, namely:-
5. Substituted by Act No.31 of 1995.
6. Omitted by Act No. 31 of 1995.
Licensed
entertainment
lotteries
[Act No. 16 of 1968] 5
(a) the whol e proceeds of the entertainment,
(including the proceeds of the lottery) after deducting-
(i) the expenses of the entertainmen t, 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 the 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 the only, or the only substantia l, 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 fin e which may extend to one
thousand rupees and for any subsequent offence, with
imprisonment for a term which may extend to six m onths or
with fine which may extend to fi ve thousand rupees or with
both:
6 [Act No. 16 of 1968]
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 whic h 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.
7[6 to 11. [XXX]]
12. Where any newspaper or other publication publishes
any unlawful lottery or any advertisement in r elation 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. 8[XXX]
14. (1) Any police officer-
(i) in the cities of Hyderabad and Se cunderabad, 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 Inspe ctor
authorised by a special warrant issued in each case by a
Magistrate of the first class or a Superintendent of Poli ce or
by an Assistant or Deputy Superintendent of Police specially
empowered by the Government in this behalf,-
(a) may enter, with the assistance of s uch persons
as may be found necessary whether by night or by day, and
7. Sections 6 to 11 omitted by Act No. 31 of 1995.
8. Section 13 omitted by Act No. 31 of 1995.
Forfeiture of
newspapers and
publications
containing
unlawful lotteries.
Power of entry
and search.
[Act No. 16 of 1968] 7
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 complaint has been made or credible
information has been received or a reasonable suspicion
exists of their having been concerned wi th the user of such
house, room or place for purposes connected with, or with
the promotion or conduct of, any lottery in contraventio n of
the provisions of this Act; and
(d) may seize all things found therein which are
reasonably suspected to have been used or intended to be
used, in connection with such lottery:
Provided that no police officer shall be so auth orised
unless the Commissioner o f Police, the Magistrate, the
Superintendent of Police or the A ssistant or Deputy
Superintendent of Police concerned is satisfied, upon
making such inquiry as he may th ink necessary, that there
are reasonable grounds to suspe ct 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.
8 [Act No. 16 of 1968]
(2) A ll searches under this section shall be made in
accordance with the provisions of the 9[Code of Criminal
Procedure, 1973].
15. 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 und er
clause (a), clause (c) or clause (d) of sub-section (1 ) of
section 4 in any public street or thoroughfare or in any place
to which the public have or are permitted to have access.
16. (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, exercis e the powe rs, except the pow er to
arrest without warrant othe rwise than under section 15,
conferred by th e 9[Code of Criminal Procedure, 1 973, upon
on officer in-charge of a police station for the investigation of
a cognizable offence.
17. 10[XXX]
18. No court inferior to that of a 11[Magistrate of the First
Class] shall try an offence punishable under this Act.
19. (1) If the person committing an offence under t his Act
is a company, the company as well as every person in -
charge of, and responsible to the company for t he 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:
9. Substituted by Act No. 31 of 1995.
10. Section 17 omitted by Act No. 31 of 1995.
11. Substituted by Act No. 31 of 1995.
Central Act 2 of 1974.
Power to arrest
without warrant in
certain cases
Power of
investigation.
Central Act 2 of 1974.
Jurisdiction to try
offences.
Offences by
Companies.
[Act No. 16 of 1968] 9
Provided that nothing in this sub -section shall render
any such per son liable to any punishment if he proves that
the offence was committed without his knowledge or that he
exercised all due deligence to prevent the comm ission 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 th e consent or connivance of, or that the
commission of the offence is attributa ble to any negle ct 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. 12[XXX]
21. 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. No suit, prosecution or other legal proceeding shall lie
against any officer of the Government for anything which is
in good faith done or intended to be done under this Act or
the rules made thereunder.
12. Section 20 omitted by Act No. 31 of 1995.
Officers to be
public servants.
Protection of
persons acting in
good faith.
10 [Act No. 16 of 1968]
23 & 24. 13[XXX]
25. (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
of the foregoing power, such rules may provide for all or any
of following matters, namely:-
(i) the form and manner 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 granted 14[under section 5];
(ii) & (iii) 15[XXX]
(iv) any other mat ter 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.
14[(4) Every rule made under the Act shall, immediately
after it is made, be laid before the Legislature 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 Legislature agree in making any modification
in the rule or in the annulment of the rule, the rule shall, from
13. Sections 23 and 24 omitted by Act No. 31 of 1995.
14. Substituted by Act No. 31 of 1995.
15. Clauses (ii) & (iii) of sub -section (2) of section 25 omitted by Act No.
31 of 1995.
Power to make
rules.
[Act No. 16 of 1968] 11
the date on w hich the modificat ion 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. Nothing in this Act shall apply to-
(i) a lottery organised by the Government, and
(ii) the owner, lessee o r occupier of any race course to
whom a licence has been issued for horse racing on a race
course under 16the Telangana 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.
27. The provisions of section 294 -A of the Indian Penal
Code in its application to the State of Telangana, are hereby
repealed.
* * *
16. Repealed vide section 174 of the Telangana Goods and Services
Tax Act, 2017 (Act No. 23 of 2017)
Saving.
Repeal of section
294-A of Act XLV
of 1860.
Regulation XLIX of
1358F.