The UTTAR PRADESH UNAUTHORISED LOTTERY (PREVENTION) ACT,1995

THE UTTAR PRADESH UNAUTHORISED LOTTERY 
¼PREVENTION½     
ACT,1995 
( U. P. Act No. 24 of 1995) 
ARRANGMENT OF SECTIONS 
Sections:- 
  1- Short title, extent and commencement 
      2-        Definition 
  3- paohibition of promotion and other action in   
   connection with lotteries 
                       4- penalty 
  5- offence by companies 
  6-  Special power of  Magistrate  regarding  fine. 
  7- search  and seizures 
  8- permission to conduct lottery in certain cases. 
  9- Protection of action taken in good faith 
  10- Power to make rulers 
  11- Omission   of section 294 _A of I.P.C 
  12- Repeal and snvings    
     
  
                                                       
 
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. 
 
3.    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. 
4.   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. 
5.    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 
6.     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. 
7. 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.  
  8.     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. 
9. 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. 
10.  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. 
11.  Comission  of section 294-A of I.P.C.      
  Section   294-A of the Indian Penal Code shall be omitted. 
12.   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. 
. 

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