GOVERNMENT OF KERALA

NOTIFICATION

In exercise of the powers conferred by sub-section (1) and (2) of section 12 of the

Lotteries (Regulation) Act, 1998 (Central Act 17 of 1998), the Government of Kerala hereby

make the following rules further to amend the Kerala Paper Lotteries (Regulation) Rules,

2005 issued by notification under G.O.(P) No.65/2005/TD dated 20^th April 2005 and

published as S.R.O. No. 372/2005 in the Kerala Gazette Extraordinary No.823 dated 20^th

April 2005, namely: -

Taxes (H) Department

G.O.(P) No. 177/2024/TAXES.

Dated, Thiruvananthapuram, 24

^th December

, 2024

9 th Dhanu, 1200.

േകരള സർകാർ

Government of Kerala

2024

േകരള ഗസറ്

KERALA GAZETTE

അസാധാരണം

EXTRAORDINARY

ആധികാരികമായി ്പസിദെപടുതുനത

PUBLISHED BY AUTHORITY

Regn.No. KERBIL/2012/45073

dated 05-09-2012 with RNI

Reg No.KL/TV(N)/634/2021-2023

വാല്ം 13

Vol. XIII

തിരുവനനപുരം,

തിങള

Thiruvananthapuram,

Monday

2024 ഡിസംബർ 30

30th December 2024

1200 ധനു 15

15th Dhanu 1200

1946 െപൗഷം 9

9th Pousha 1946

നമർ

No.

4114

S. R. O. No. 1197/2024

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Authenticity may be verified through https://compose.kerala.gov.in/

RULES

1. Short title and commencement. – (1) These rules may be called the Kerala Paper Lotteries

(Regulation)Amendment Rules, 2024.

(2) Save as provided in these rules, -

(a) clauses (j) and (k) of sub-rule (1), clause(h) of sub-rule (4), and clause(f) of sub-rule

(7)of rule 2 shall come into force on such date, as the government may by notification in the

official Gazette,appoint;

(b) the remaining provisions of these rules shall come into force at once.

Provided that, different dates may be appointed for different provisions of this rule and

any reference in any such provision to the commencement of these rules shall be construed as

a reference to the coming into force of that provision.

2. Amendment of the Rules – In the Kerala Paper Lotteries (Regulation) Rules, 2005, -

(1)

in rule 2, -

(a)

for sub-rule (2), the following sub-rules shall be substituted, namely: -

“(2) ‘Agent or Agency ’means an individual, partnership firm, body corporate, or any

other legal entity under the law, so appointed by the Director or an officer subordinate to him

who is authorised by the Director for this purpose, based on the terms and conditions set

forth through an agreement, under these rules, to sell Kerala Lottery Tickets;

(2A) ‘Agreement’ means the agreement entered into between the Agent or Agency and

the Department.

(b)

after sub-rule (2), the following sub-rule shall be inserted, namely: -

“(2B) ‘Communication Device’, ‘computer’ and’ computer system ’shall have the

same meaning as assigned to it respectively in sub-section (1) (ha), (i) and(l) of section 2 of

the Information Technology Act 2000, (Central Act 21 of 2000);”

(c)

after sub-rule(3A), the following sub-rule shall be inserted, namely: -

“(3B) ‘Department’ means the Kerala State Lotteries Department;”

(d)

for sub-rule (4), the following sub-rule shall be substituted, namely: -

“(4) ‘Director’ means Director of the Kerala State Lotteries Department;”

(e) after sub-rule (4), the following sub-rule shall be inserted, namely: -

“(4A) ‘Disposal Authority’ means an officer under sub-rule (20A) (iii)(c) of rule 56 of

the Kerala Goods and Services Tax Rules, 2017;”

(f) in sub-rule (5), the word ‘Revenue’ shall be omitted;

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(g) for sub-rule (6), the following sub-rule shall be substituted, namely: -

“(6) ‘Draw’ means a method by which the prizewinning numbers are drawn for each

lottery or lottery scheme by operating the draw machine or any other mechanical method

based on random technology, which is also visibly transparent to the viewers;”

(h) (i) the existing sub-rule 6A shall be renumbered as 6C;

(ii) before sub-rule 6C so renumbered, the following sub-rules shall be inserted,

namely

“(6A) ‘Electronic form’ shall have the same meaning as assigned to it in sub-

section1(r)of section 2 of the Information Technology Act 2000, (Central Act 21 of 2000);

“(6B) ‘Electronic record’’ shall have the same meaning as assigned to it in sub-section

1(t) of section 2 of the Information Technology Act 2000, (Central Act 21 of 2000);”

(i) after sub-rule (8), the following sub-rules shall be inserted, namely: -

“(8A) ‘Joint claim’ means a claim for prize money of a winning ticket number raised

jointly by more than one person who shared the price of the ticket while purchasing it;

(8B) ‘Lottery sub office’ means a lottery office under the administrative control of the

District Lottery Office for conducting sales and allied functions having the jurisdiction of any

geographical area as may be specified by the Government;

(8C) ‘Lottery sub officer’ means the officer in charge of the Lottery sub office.”

(8D) ‘Notary’ means a person appointed as such under the Notaries Act, 1952(Central

Act 53 of 1952) and has a valid Certificate of Practice under Section 5(1)(b) of the said Act;”

(j) for existing sub-rules (9) and (10), the following sub-rules shall be substituted namely: -

“(9). ‘Paper Lottery’ means any lottery conducted in accordance with the Lotteries

(Regulation) Act, 1998, other than an on-line lottery;

(9A). ‘Sales permit 'means a permit issued by the Director, or an officer subordinate to him

duly authorised by the Director on this behalf, to any person other than an agent, which shall

be valid for a period that may be specified by the Director, to sell tickets of Kerala Lottery

within the State of Kerala on condition that he shall abide by all the conditions stipulated in

the agreement between agents and Director;

(10). ‘Seller’ means any person who holds a sales permit in FORM II;

(10A). ‘Sole Distributor’ means any Government agency/Government

Board/Government organisation appointed under the rules to function as the sole distributor

of Kerala Lottery at the first point of sale.”.

(k) after sub-rule (10A), the following sub-rule shall be added, namely: -

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“(11). ‘social media intermediary’ shall have the same meaning as assigned to it in sub-rule

1(w) of Rule 2 of the Information Technology (Intermediary Guidelines and Digital Media

Ethics Code) Rules, 2021.”.

(2)

in rule 3, -

(a) in sub-rule (1), for the word “decide” the word “specify” shall be substituted.

(b)

in sub-rule (2), after the words “other important details” the words “as may be

specified by the Director,” shall be inserted;

(c)

after sub-rule (2), the following sub-rule shall be inserted, namely: -

“(2A) Every lottery ticket shall have such security features embedded in it, as may be

specified by the Director from time to time.”

(d)

for sub-rule (4), the following sub-rule shall be substituted, namely: -

“(4) Any information to the ticket purchaser and such other essential details of the

lottery, as may be specified by the Director shall be printed in English and/or in Malayalam

on the reverse side of the ticket and the remaining space on the reverse side of the ticket shall

be utilized for advertisement purpose.”

(e)

in sub-rule (5), for the words “shall be decided by the Director” the words “shall be

decided by the Government” shall be substituted.

(f)

for sub-rule (6), the following sub-rule shall be substituted, namely: -

“(6) The rate of discount on sales and agency commission on prizes shall be fixed by

the Government from time to time.”

(g)

after sub-rule (6), the following sub-rules shall be inserted, namely: -

“(6A) The Director is empowered to postpone any draw and shall inform the

Government of such postponement, forthwith.

(6B) The Government may cancel any Lottery scheme or draw already announced, in

case of exigencies.”

(h)

in sub-rule (7), after the words “shall be printed at” the word “the” shall be inserted.

(i)

for sub-rule (8), the following sub-rule shall be substituted, namely: -

“(8) The Department shall print the tickets as per the scheme notified by the

Government at one stretch, or in batches, based on the need and convenience. The tickets

shall bear the imprint and logo of the State Government ensuring the authenticity of the

ticket.”;

(j)

after sub-rule (8), the following sub-rule and proviso shall be inserted, namely: -

“(8A) The Director shall decide the total number of tickets to be distributed to the

District Lottery Offices and Lottery Sub offices or Agents, even in case of distribution by the

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Sole Distributor, based on demand, the capacity of the printing press, administrative

convenience, and any other relevant factors, as may be deemed necessary, from time to time;

Provided, that the power to decide the total number of tickets to be issued to an agent

may be delegated by the Director, either wholly or partly, to an officer subordinate to him.”

(k)

for sub-rule (9), the following sub-rule shall be substituted, namely: -

“(9) The Director shall give instructions to ensure the security of the lottery tickets at

any stage including printing. The Director either directly or through officers authorized by

him, shall inspect any place where the lottery tickets are printed or stored.”

(l)

for sub-rule (10), the following sub-rule shall be substituted, namely: -

“(10) The records of the tickets printed, tickets issued for sale, tickets sold, tickets

which remain unsold at the time of the draw, the prize-winning tickets along with the amount

of prize or prizes in respect of each draw, and any other details as may be specified by the

Director shall be maintained by the Department as electronic records.”

(3)

in rule 4, -

(a)

in sub-rule (1), the words “in accordance with the provisions of the Act” shall be

omitted;

(b)

for sub-rule (2), the following sub-rule shall be substituted, namely: -

“(2) The Director or an officer authorized by the Director may appoint an agent, based

on the agreement in FORM III, for the sale of Kerala Paper Lottery Tickets.

“(2A) No individual, entity, or organization shall organize, conduct, sell, promote, or

facilitate any lottery, in any form, within the jurisdiction of the State, except as authorized by

the Government.

(2B) Whoever contravenes the provisions of sub-rule (2A), shall be punishable with

rigorous imprisonment for a term which may extend to two years, or with a fine or with both,

as provided under section 7(3) or section 8, as the case may be, of the Act.”

(d)

for sub-rule (3), the following sub-rule shall be substituted, namely: -

“(3) The Director may appoint a sole distributor, selected through a procedure

established by Law, which may be specified by the Government, for the sale of Kerala State

Lotteries in other States in India that are not lottery-free zones;

Provided, the Government shall decide the State or States/ Union Territories in which

Kerala State Lotteries may be marketed.”

(4)

in rule 5, -

(a)

for sub-rule (1), the following sub-rule shall be substituted, namely: -

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“(1) Any person, having proof of address evidences that he/she is residing in the State

of Kerala, and is desirous of obtaining an agency for the sale of Kerala Lottery, may apply in

FORM IV, after entering into an agreement in FORM III, to the District Lottery

Officer/Lottery Sub Officer by remitting a fee as may be specified by the Director from time

to time. The agency will be valid only for a period of two years from the date of grant of it.

Provided that the agency can be renewed for further periods, two years at a time, on

payment of the renewal fee as may be specified by the Director from time to time, and such

renewal application may be submitted three months before the expiry of the agency, in

FORM IV.

Provided also that a person whose agency has been terminated for want of renewal can

also renew his agency within a period of one year of expiry, provided he shall remit a fine in

addition to the renewal fee as may be specified by the Director and on submission of an

application in FORM IV.”

(b)

for sub-rule (2), the following sub-rule shall be substituted, namely: -

“(2) In the case of fresh registration or renewal, the agent shall be required to purchase

a minimum number of tickets as may be specified by the Director from time to time.”

(c)

sub-rule (3), shall be omitted.

(d)

for sub-rule (4), the following sub-rule shall be substituted, namely: -

“(4) Identity card shall be issued to every agent either in electronic form or in physical

form with a unique registration number. The physical Identity card shall be issued on

payment of a fee of Rs.150/-.”

(e)

for sub-rule (5), the following sub-rule shall be substituted, namely: -

“(5) The Director shall have the power to suspend an agency, pending inquiry if it is

reasonably felt that the agent or seller is acting in contravention of any of the provisions of

the Act or the Rules made thereunder or is indulging in any act of commission or omission in

any form which is detrimental to the interest of Kerala State Lotteries or the public interest or

public tranquillity. The suspension shall be revoked automatically upon expiry of 60 days

unless the agent has been served a show cause notice demanding reason as to why the agency

should not be cancelled as per rule (5a).”

(f)

after sub-rule (5), the following sub-rule shall be inserted, namely: -

“(5a) The Director shall also have the power to cancel an agency if it is found on

inquiry that the agent or seller is acting in contravention of any of the provisions of the Act or

the Rules made thereunder or is indulging in any act of commission or omission in any form

which is detrimental to the interest of Kerala State Lotteries or the public interest or public

tranquility. Provided that no such agency shall be cancelled without giving the agent

concerned an opportunity of being heard.”

(g)

in sub-rule (6), for the words, number, symbol and bracket “sub-rule (5)”, the words,

number, symbol and bracket “sub-rule (5a)” shall be substituted.

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(h)

after sub-rule (6), the following sub-rule shall be inserted, namely: -

“(7) If a seller fails to comply with any of the provisions of the Act, Rules or orders

issued either by the Government or by the Director, or if he is found to indulge in any act of

commission or omission in any form which is detrimental to the interest of Kerala State

Lotteries or the public interest or public tranquility, the Director may by an order in writing

rescind the sales permit issued under these rules”

(5)

in rule 6, -

(a) for sub-rule (1), the following sub-rule shall be substituted, namely: -

“(1) An agent may sell lottery tickets with the aid of any number of sellers. The agent

shall be responsible for proper compliance with the Act, Rules, Circulars, Notifications,

Orders and other instructions issued by the Government and the Director from time to time,

both by himself and by the sellers and other persons working under him. The agent shall also

be liable to produce all particulars of sellers who purchased tickets from him, and other

persons working under him, on demand by the Department.”

(b) for sub-rule (2), the following sub-rule shall be substituted, namely: -

“(2) No person shall sell Kerala Lottery Tickets or any of its numbers, in any

combination, in any form including images of it, through any communication device,

computer or computer system or through any social media intermediary. Only the sale of

Kerala lottery tickets in its original printed form is permitted.

(c)

after sub-rule (2), the following sub-rule shall be inserted, namely: -

“(2a) Whoever contravenes the provisions of sub-rule (2), shall be punishable under

sub-section (3) of section 7 of the Act”

(d)

for sub-rule (3), the following sub-rule shall be substituted, namely: -

“(3) No agent or seller shall sell lottery tickets to the public, below or above its face

value.”

(e)

for sub-rule (5), the following sub-rule shall be substituted, namely: -

“(5) Lottery tickets shall be delivered to the seller or the general public immediately

upon receipt of the cost of the ticket.”

(f)

for sub-rules (7) and (8), the following sub-rule shall be substituted namely;-

“(7) No person including an agent or seller shall combine their schemes on products,

goods, or services, or any movable or immovable property, with the sale of lotteries or vice

versa, for any reason whatsoever, except as may be permitted by the Director.”

(6)

in rule 6A, the following words shall be omitted, namely: -

“and also collect the Service Tax liability of agents from their commission and remit it

to the Department concerned. He shall also file returns of service tax or other taxes and

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follow the statutory requirements as deemed necessary, from time to time.”.

(7) in rule 7, -

(a) for sub-rule (1), the following sub-rule shall be substituted, namely: -

“(1) Lottery tickets shall be distributed through the sole distributor who will, in turn,

sell it to agents after making such agency discount on the face value as may be decided by

the Government from time to time. Tickets will be sold to agents either on cash payment or

against exchange of prized tickets or by e-payment in favour of the District Lottery Officer/

Lottery Sub Officer or by credit against bank guarantee. Lottery tickets of particular schemes,

which the Director may specify by order, may be sold on credit against Bank Guarantee

subject to the following conditions -

i. The Bank guarantee should be that of a Nationalized Bank/Scheduled- commercial

bank/ Kerala Bank/ Urban cooperative bank. The Director/ District Lottery Officer/ Lottery

Sub Officer shall revoke/review such Bank guarantee on or before the due date;

ii. 90% credit sales shall be allowed to an agent for the purchase of lottery tickets of a

maximum amount of rupees Fifty Lakhs and a minimum amount of rupees fifty thousand

from each District Lottery Office/ lottery sub-office after placing adequate bank guarantee as

may be specified by the Director;

iii. The agents shall settle the full amount at any time before the day of closing of

accounts of a particular draw in the District Lottery Office/Lottery Sub Office or within such

time as may be decided by the Director from time to time;

iv. If the agents fail to settle the dues within the prescribed time, the District Lottery

Officer/ Lottery Sub Officer shall recover the dues from the agents by encashing the Bank

guarantee. The agents shall have to pay an interest at the rate of 18% simple interest per

annum, for the period of delay in realizing the amount from the Bank. The amount of interest

shall be deducted from the agents’ claims or the Bank Guarantee;

v. The Government or Director shall recover dues, if any, by way of revenue recovery

or by resorting to any other legal proceedings established by law;

vi. The facility for the purchase of tickets on Bank guarantee by an agent shall be

forfeited in case of agents who fail to clear their dues on time;”

(b) sub-rule (2a) and sub-rule (3) shall be omitted.

“(5) The details of stock and the issue of the lottery tickets shall be maintained by the

department as electronic records.”

(d) for sub-rule (6), the following sub-rule shall be substituted, namely: -

“(6) Tickets shall be issued to an agent only from the respective district of registration.

However, the Director may permit the purchase of tickets from other districts subject to

conditions as may be specified by the Director.”

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(e) for sub-rule (7), the following sub-rule shall be substituted, namely: -

“(7) Director is entitled to dispose of the unsold tickets, after having them verified by

the Disposal Authority, at the appropriate time, as per the conditions prescribed by the

Government from time to time and the details of such tickets shall be retained as electronic

records.”

(f) after sub-rule (7), the following sub-rule shall be inserted namely: -

“(8) The Kerala lottery tickets shall only be sold to the public by the agents/agencies

and sellers. If any person who is neither an agent nor a seller is found selling Kerala lottery

tickets, the tickets found to be in possession with them shall be liable to confiscation by the

enforcement agency and they shall be punishable under sub-section 3 of section 7 of the Act.

Any prize and agent prize won by such confiscated tickets shall be forfeited.”

(8) in rule 8, -

(a) for sub-rule (1), the following sub-rule shall be substituted, namely: -

“(1) The draw of each Lottery shall be conducted within the State of Kerala, as per the

scheme announced and notified in the Official Gazette, for the particular lottery.”

(b) for sub-rule (2), the following sub-rule shall be substituted, namely: -

“(2) Draw shall be conducted, at a time as may be decided by the Director, and

announced in advance, under the supervision of a panel of Judges not below three members,

including a Chairman, as may be decided by the Director.”

“(3) The Chairman and panel members shall consist of reputed and prominent persons.

The quorum of the panel of judges to conduct the draw shall not be less than three. The

Director or the Officer authorized by him may co-opt the required number of suitable persons

from among the audience in order to fill the quorum of three, in case of contingencies. If the

Chairman himself is unable to be present for the draw due to unavoidable reasons, one

among the remaining judges present shall be elected to be the Chairman by the judges

themselves. The majority decision of the judges present shall be final in respect of all matters

connected with the draw.”

(d) for sub-rule (5), the following sub-rule shall be substituted, namely: -

“(5) The supervisory officer, in sub-rule (4), shall authenticate the results of every

draw. The result of the draw shall be published at least in one national and two state-level

newspapers, out of which one shall be in English, as well as in the Kerala Government

Official Gazette and on the official website of the Kerala State Lotteries Department. The

result may also be published in the official social media platforms of the Department.”

(e) In sub-rule (6), after the words “the date of the draw” the words “on valid grounds” shall

be omitted.

(9)

in rule 9, -

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(a)

for sub-rule (2), the following sub-rule shall be substituted, namely: -

“(2) The payment of prize money shall be by electronic transfer/Exchange of Tickets/

or by cash, as the case may be, after deducting such amounts required under any law

prevailing.”

(b)

for sub-rule (3), the following sub-rule and provisos shall be substituted, namely: -

“(3) (a) The prize-winning tickets, in original, shall be surrendered before the

Director/ District Lottery Officer/Lottery Sub officer, as the case may be, within 90 days

from the date of the draw, along with duly filled FORM V either directly or through

Nationalized Bank/Scheduled Commercial Banks/Kerala Bank/Urban Cooperative Bank.

Provided that for prizes below rupees ten thousand, FORM V need not be submitted.

(b) The reverse side of the prized ticket shall bear the details of the claimant, in the

space provided for it. In case of joint claims, the prize money shall be disbursed, on

submission of an affidavit in FORM VI duly attested by a Notary.

junior superintendent. Prize claims above ten thousand up to and including ten lakh rupees

shall be sanctioned by the District Lottery Officer/Lottery Sub Officer. Prize claim above

rupees ten lakhs and up to and including rupees one crore shall be sanctioned by the Deputy

Director of Lotteries. Prize claims above rupees one crore and up to and including rupees five

crores shall be sanctioned by the Joint Director of Lotteries and those above rupees five

crores, by the Director.

(d) Claims on the agent’s commission and incentive to the agents shall be submitted

within 90 days from the date of draw.

Provided also that, Authorization of the Prize winner shall also be provided if the

tickets are surrendered through a bank;

Provided further that in case of a prize winner from outside the state, in addition to the

above, an affidavit in FORM VII, sworn in before and duly attested by a Notary, shall also be

submitted.”.

(c)

for sub-rule (4), the following sub-rule shall be substituted, namely: -

“(4) The lottery Director shall publish the name, photo, and other details of any lottery

winner/agent/seller deemed necessary for publicity.”

(d)

for sub-rule (5), the following sub-rule shall be substituted, namely: -

“(5) The agents may collect prized tickets, upto a prize value that may be specified by

the Director from time to time, from prize winners after making prize payment, and present

them before the District Lottery Office/Lottery Sub Office within ninety days from the date

of draw for reimbursement of the prize money paid to each winner. Reimbursement may be

allowed as new tickets for sale or as cash or it may be credited through e-payment services.”

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(e)

for sub-rule (7), the following sub-rule shall be substituted, namely: -

“(7) Statutory deductions shall be made from prize claims as per law prevailing.”

(f)

for sub-rule (8), the following sub-rule shall be substituted, namely: -

“(8) Prize money shall be disbursed after ascertaining the genuineness of the Prize

ticket by verifying the security features embedded in the tickets.”;

(g)

after sub-rule (8), the following sub-rules shall be inserted, namely: -

“(8a) In case of a joint claim, the prize money will be disbursed to the Bank account of

each prize winner based on the affidavit as prescribed in sub-rule (3), submitted by the

winners. In such a claim, prize winners shall submit all the documents under sub-rule (3)

separately.

(8b) On the death of the prize winner after the submission of the prize claim to the

department, but before the prize amount is disbursed, and the department is informed of the

death of the winner, then the prize amount shall be disbursed to the Bank account of the legal

heirs of the deceased, upon production of such documents as may be decided by the

department from time to time.”;

(h)

for sub-rule (9), the following sub-rule shall be substituted, namely: -

“(9) The prize-winning ticket in original shall be surrendered to the

Director/JointDirector/DeputyDirector/DistrictLotteryOfficer/Lottery Sub Officer as the case

may be, in good condition. Tampered or mutilated tickets will be rejected. The officer passing

the prize claim shall ascertain the genuineness of the tickets before disbursing the amount of

each claim. In case of torn/mutilated tickets or for prizes above rupees ten thousand, if the

genuineness of the ticket is in doubt and the claim is established by the passing officer, such

claim shall be passed for payment after obtaining an affidavit in FORM VIII, from the prize

winner.

In cases of serious doubts about the genuineness of the ticket, a report from the

security lab shall be resorted to, by the officer passing the prize claim, before the payment of

prize money. The fee for the verification needed for the forensic lab report, if any, shall be

borne by the prize winner himself in advance. Upon finding it as a forged ticket, criminal

proceedings may be initiated by the Department against the person who presented such ticket

before the Department.”

(i)

for sub-rule (10), the following sub-rule shall be substituted, namely: -

“(10) Prizes and prize money which are not claimed within a period of ninety days

from the date of the draw shall not be disbursed;

Provided that in the event of a delayed claim amounting to or exceeding one lakh

rupees, which is submitted within sixty days following the expiration of the aforementioned

prescribed period, the Government, after examining the reasons for the delay in submission

in each case, may, at its discretion, sanction the prize claim”

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(10) after rule 9A, the following rule shall be inserted-

“9B. Seizure Procedure. - (1) No lottery ticket shall be sold in the State in violation of

the Lotteries (Regulation) Act, 1998, the rules made thereunder, the circulars, or the

instructions issued by the Government or the Director.

(2) The enforcement agency shall seize any tickets found to be sold or proposed to be

sold in violation of sub-rule (1) above.

(3) The enforcement agency shall thereafter report the matter to the Director for

appropriate action in case the accused is a lottery agent along with a copy of the seizure

Mahazar.

(4) The enforcement agency shall initiate appropriate proceedings under the Lotteries

(Regulation) Act, 1998, in all cases regardless of whether the accused is an agent or seller.

(5) All prize amounts and agent prize amounts that are won by the seized tickets shall

stand forfeited.”

(11)

for forms I, II, III, IV, V, VI and VII the following forms I, II, III, IV, V, VI and VII

shall be ‘substituted’ namely: -

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FORM-I

Application form for Sales Permit under Kerala Lotteries (Regulation) Rules, 2005

[See rule 2 (9A)]

Photo

(1)

Name & Permanent Address: (With Post office, District & State)

(2)

Communication Address:

(3)

Mobile Phone No:

(4)

Land Line number if any:

(5)

Name of Father/Mother:

(6)

Date of Birth & Age: (Document to prove age shall be attached)

(7)

Present Occupation:

(8)

Mode of Paper Lottery Ticket sale

Own Shop

ii.

Rented Shop

iii.

Kiosk

iv.

Through Vehicle

Pedestrian sale

(9)

Physical condition: Normal/Differently abled/Blind

(10)

PAN Number:

(11)

Aadhaar Number:

(12)

Welfare Membership Number: Yes/No

(13)

Educational Qualification: Below Matriculation/Above matriculation/others

(14)

Bank Account Number:

(15)

Name of the Bank and Branch with IFSC details

DECLARATION

I hereby agree and undertake to abide by the conditions in the agreement set forth by the

agent from whom I purchase tickets and shall abide by all orders, directions or instructions

issued by the Director of State lotteries in this regard from time to time.

Place:

Date:

Signature of Applicant:

For office use only

Permit Number Allotted:

Date of issue :

Name and Signature of Officer:

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FORM II

KERALA LOTTERY PERMIT

[See rule 2 (10)]

Photo

Name:

Address:

Mobile No:

Date of Birth:

Age:

Sex:

KSLA & SWFB membership number:

Permit No…………….

Signature/Thumb impression of the seller

Signed by: Authorised officer

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FORM III

AGREEMENT WITH AGENT

[See rule 4 (2)]

This agreement made on this day the…………………. of……………… month..............year

At Thiruvananthapuram between the Governor of Kerala represented by the Director of State

Lotteries, Vikas Bhavan, Thiruvananthapuram (hereinafter referred to as Government) which

expression shall unless excluded by or repugnant to the context or meaning thereof be

deemed to mean and include his successor in office or assigns of the first part.

AND Shri/M/s………......……… of the second part (hereinafter referred to as Agent)

WHEREAS, the Government organizes, conducts, and promotes State Lotteries in

accordance with the provisions as contained in the Lotteries (Regulation) Act 1998, (Central

Act 17 of 1998), and the Rules made there under;

AND WHEREAS the Government have decided to appoint agents for the purchase and sale

of Kerala paper Lottery Tickets in adherence to the rules framed by the State Government;

AND WHEREAS the Government and the agent have decided to enter into an agreement as

stipulated in the Lotteries (Regulation) Rules, 2010;

NOW, THEREFORE THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO

MUTUALLY AGREE AS FOLLOWS

1. Definitions:

In this agreement, unless the context otherwise requires: -

(a)

'Act’ means the Lotteries (Regulation) Act 1998(Central Act No. 17 of 1998)

(b)

'Rules' means the Lotteries (Regulation) Rules 2010 or the Kerala Paper Lotteries

(Regulation) Rules 2005, as the case may be.

(c)

Words and expressions used but not defined herein shall have the same meanings

as respectively assigned to them in the Act and the Rules.

2. Terms and conditions:

(a)

The Government and the Agent shall be jointly and severally liable to ensure

that all provisions of the Act and Rules are followed.

(b)

The Government shall appoint the agent after the registration of the agency in

his/her name for the purchase and sale of Kerala Paper Lottery Tickets as per the

provisions of the Act and the Rules.

(c)

The appointment of the agent is non-transferable and shall continue to be valid

till the expiry of the registration.

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(d)

All the directions, circulars, notifications, and instructions issued by the

Government and The Director of State Lotteries Department shall be binding on the

agents and any contravention shall result in cancellation of the Agency. Any

contravention of the provisions contained in the Act and rules made thereunder also

shall result in the cancellation of the Agency.

(e)

It shall be the responsibility of the Agent to ensure that his sellers adhere to the

provisions of the Act, Rules, directions, circulars, notifications, and instructions issued

by the Government and The Director of the State Lotteries Department.

(f)It shall be the responsibility of the Agent to ensure that his sellers adhere to all

procedures, regulations, etc. along with the conditions stipulated in this agreement.

(g)

The agent shall ensure that the Kerala Lottery tickets are not sold in States/UTs

which do not organize lotteries of their own.

(h)

The agents shall not sell any other lotteries apart from Kerala State Lottery.

(i) Agents shall ensure that no sellers who sell tickets purchased from the agent are

engaged in the sale of any other lottery other than the Kerala State Lottery.

(j) Agents or their representatives visiting lottery offices shall behave properly and not

engage in any action vitiating the tranquility of the office ambience

(k)

The Agents or their staff/authorized persons shall not behave in any manner that

is detrimental to public interest or brings disrepute to the Kerala State Lottery.

(l) In case of any amendment to any Act or Rules or a decision of a competent court

bringing a change in the lottery conduct, earnest efforts shall be made by both parties

to modify the operation of Kerala Lotteries in accordance with such change.

(m)

Notwithstanding the above clauses, the Department reserves the right to rescind

the agreement with the agent as per the procedure laid down in these rules

3. Settlement of disputes:

The validity and interpretation of this agreement shall be governed by Indian laws,

and Courts located at Thiruvananthapuram alone shall have jurisdiction to try any matter

relating to this agreement. This agreement shall come into force after it has been signed by

both parties and shall remain in force for a period of two years. If any provision of this

agreement is declared void or unenforceable, the agreement and the remaining clauses of the

agreement shall remain in full force and effect.

4. Force Majeure:

If at any time during the course of the agreement, it shall become impossible for any

of the parties to perform any of their obligations for reasons of force majeure whereupon the

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party giving notice shall be relieved from such obligation as long as force majeure conditions

persists.

IN WITNESS WHEREOF the parties to these present hereunto executed these presents on

the day, month and year first above written.

Name, Address and Signature:

Witness:

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FORM-IV

Application form for Agency Registration/Renewal under Kerala Lotteries (Regulation)

Rules 2005

[See rule 5(1)]

Photo

(1)

(Name & Permanent Address:(With Post office, District & State)

(2)

Communication Address:

(3)

Mobile Phone No:

(4)

Land Line number if any:

(5)

Name of Father/Mother:

(6)

Date of Birth & Age: (Document to prove age shall be attached)

(7)

Present Occupation:

(8)

Mode of Paper Lottery Ticket sale

Own Shop

ii.

Rented Shop

iii.

Kiosk

iv.

Through Vehicle

Pedestrian sale

(9)

Amount Remitted (In figures and words):

(10)

Office where the agency is registered:

(11)

Physical condition: Normal/Differently abled/Blind

(12)

Category of Agency: Permanent

(13)

PAN Number:

(14)

Aadhaar Number:

(15)

Welfare Membership Number: Yes/No

(16)

Educational Qualification: Below Matriculation/Above matriculation/others

(17)

Bank Account Number:

(18)

Name of The Bank and Branch with IFSC details:

DECLARATION

I hereby agree and undertake to abide by the conditions of the agency as stipulated in the

Kerala State (Lotteries) Regulation Rules 2005 and also agree to abide by all orders,

directions or instructions issued by authorities in this regard from time to time.

Place:

Date:

Signature of Applicant:

For office use only

Agency Number Allotted: Date of issue:

Amount Remitted:

Name and Signature of Officer issued agency:

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FORM V

Application form for claiming Prize money above Rs.10000/-

[See rule 9(3)]

(a) Prize-winning Lottery Ticket (Draw Name & Number) … Ticket Number………….

(b) Mode of Prize-winning Ticket presentation (in person/by post/through bank)

if through a bank

(a) Name of the Bank:

(b) Branch:

Name of the Prize Winner:

ii.

Address:

iii.

Phone Number:

iv.

PAN:

Aadhaar number:

(d) Whether the prize winner is a Kerala Lottery Agent: Yes/No

(If ‘Yes’, agency number:)

(e) Details of the Bank where the prize money is to be deposited

(a) Name of Bank and Branch :

(b) Bank account number:

(In case this form is not submitted electronically through the specified portal for the purpose,

then a passport-size photo and self-attested copy of PAN, Aadhaar and Bank Passbook may

be furnished along with the prize-winning ticket.)

(In case the claim is a joint claim then this form shall be filed separately by all of the winners

and FORM VI may be submitted along with the original ticket.)

(In case the claim is made by a person from outside the State of Kerala (as per Aadhaar

address) then FORM VII may be submitted along with the original ticket.)

DECLARATION

I hereby declare that the details submitted above are true to the best of my knowledge;

I hereby declare that I have filled in the details on the reverse of the ticket;

Authorization (If the winning ticket is presented through a bank): I hereby request and

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FORM VI

JOINT CLAIM

[see rule 9 (3)]

We the undersigned hereunder do hereby solemnly affirm and state on oath as follows:

That we together have purchased ………………..(Name of Lottery) Kerala Paper Lottery

ticket series, bearing number………;

That our Bank Account details are provided below and we are in an agreement to share the

entire prize amount received from the Lottery department among us in the ratio provided here

under;

Sl.

Name

Address

Aadhaar

No.

Bank

Account

No. and

IFSC

PAN

Form V number

(If

submitted

electronically

through

the

specified portal)

Percentage

winning

amount

That we agree to deduct the statutory deductions from each of us, in proportion to our share

of the prize amount;

That in case of any future liability arises in connection with this claim we shall be jointly and

severally liable for the same.

DECLARATION

We the undersigned solemn affirmation and oath state that all the facts stated above are

correct to the best of our knowledge and belief and nothing is false or concealed. The

contents being true we swear this affidavit.

Names and Signature of Deponents

1.....................…

2........................

3.......................

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FORM VII

AFFIDAVIT BY PRIZE WINNERS FROM OUTSIDE THE STATE OF KERALA

[See rule 9(3)]

I/we.....................................................................................................................

........................................................ (Name and Permanent Address of each person) having

Aadhaar Numbers ………………………. Son/Daughter of ................................................

(respectively) Do hereby solemnly affirm and State on oath as under:

a) That I/we am/are now residing at ............................................

(Present

Address);

b) That I/we have purchased .................................................................. (Name of

lottery) Kerala Paper Lottery ticket of…… series bearing number .........................................;

That the above ticket was purchased from an Agent/Seller of Kerala Paper Lottery

Ticket;

That the above ticket won the…….^th/st/rd prize in the draw held on and …. I/we claim

the prize money;

That in case, in future, if the Lottery Department or any other legal entities find this as

an illegal claim, I/we am/are solely responsible for it and that I/we am/are fully aware that

legal actions as per law established shall be taken up.

DECLARATION

I/we

(Name and address) on solemn affirmation and oath state that all the facts stated above

are correct to the best of my/our knowledge and belief and nothing is false or concealed. The

contents being true I/we swear this affidavit.

Name of the Deponents

Verified with the Aadhaar and Solemnly affirmed at my office on this day the……………….

Notary Name, Seal and Reg. No.

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FORM VIII

AFFIDAVIT ON SUBMISSION OF TORN /MUTILATED TICKETS ABOVE RUPEES

10,000/-

(To be submitted by the prize winner)

[See rule 9 (9)]

I, [Name], residing at [Address], solemnly affirm and declare the following facts to be

true and correct to the best of my knowledge and belief:

I am the rightful owner of a lottery ticket bearing the number [Lottery Ticket Number]. The

said lottery ticket was purchased by me from an authorized agent of the Kerala Lottery.

On [Date of Incident], I accidentally caused damage to the aforementioned lottery ticket,

resulting in tearing and other visible damages.

I affirm that the lottery ticket in question was obtained through legal means, from an

authorized agent, and is genuine.

I further declare that the damage inflicted upon the lottery ticket was purely accidental and

unintentional.

I acknowledge and understand that the damaged state of the lottery ticket may affect its

eligibility for any prize associated with the ticket.

I hereby acknowledge and declare that in the event the lottery ticket is found to be fake or

ineligible for any prize, I am ready and willing to remit back the prize money disbursed to

me, if any, promptly and in full.

I affirm that I am presenting the damaged lottery ticket for examination and verification, and

I request the necessary authorities to consider its genuineness despite the damages incurred.

I acknowledge that providing false or misleading information in this affidavit may lead to

legal consequences, and I affirm that the information provided herein is true and accurate to

the best of my knowledge.

Sworn before me this [Day] day of [Month], [Year].

[ Name]

[Signature]

(Name and signature of all claimants may be provided)”

By order of the Governor,

DR.A.JAYATHILAK

Additional Chief Secretary to Government.

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Explanatory Note

(This does not form part of the notification, but is intended to indicate its

general purport)

It has come to the notice of the Government that several activities to carry out the

functions of the Department have changed after the deployment of Information Technology

enabled services in different areas of the paper lottery business. Many of the business

processes have been modernized and effective steps have been taken for the regulation of

lottery conduct in the State. Accordingly, it is incumbent on the Government to modify the

existing rules to accommodate the changes effected in the business transaction of the

Department subsequent to the easing of business transactions by employing mechanization as

well as by implementing further regulatory measures. Also, changes have been made to

streamline procedures related to steps to be taken when violations of the Act are noticed. In

order to achieve that end, the Government has decided to amend the Kerala Paper Lotteries

(Regulation) Rules, 2005 issued by notification under G.O.(P) No: 65/2005/TD dated 20 ^th

April, 2005 and published as S.R.O.No.372/2005 in the Kerala Gazette Extraordinary No.

823 dated 20^thApril, 2005 suitably.

The notification is intended to achieve the above object.

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Authenticity may be verified through https://compose.kerala.gov.in/

____________________________________________________________________________________________________________________________

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES

AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2024