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Panaji, 15th February, 2023 (Magha 26, 1944)
SERIES I No. 45
Reg. No. RNP/GOA/32/2021-2023
RNI No. GOAENG/2002/6410
PUBLISHED BY AUTHORITY
Suggestions are welcomed on e-mail: dir–[email protected]
GOVERNMENT OF GOA
Department of Finance
Revenue & Control Division
__
Notification
2-1-2023/DSSL/On.Lott.Rules-2003/3137
Whereas the Government of Goa with an
objective to generate and raise its revenue
has been conducting, organizing and
promoting State lotteries both in paper and
online forms for funding various public
utilities, social welfare schemes and creation
of public assets such as roads, bridges,
schools, hospitals etc.
And whereas with an intention to
streamline the process of conducting Online
Lotteries in the State of Goa, to avoid any
malpractices, the Government of Goa has
decided to enact the following rules.
Therefore, in exercise of the powers
conferred by section 12 of the Lotteries
(Regulation) Act, 1998 (Central Act 17 of
1998), and all other powers enabling it in this
behalf, the Government of Goa hereby makes
the following rules namely:—
1. Short title and commencement.— (i)
These rules may be called as the Goa Online
Lottery Rules, 2023.
(ii) They shall come into force from the date
of their publication in the Official Gazette.
EXTRAORDINARY
2. Definitions.— In these rules, unless the
context otherwise requires.—
(a) “Act” means the Lotteries (Regulation)
Act, 1998 (Central Act 17 of 1998);
(b) “Central Computer Server” means, a
system of multiple computers at a central
location under direct control of the
Government, installed for diverse functions
of computing data communication such as
ticket transactions, prize amount calculation,
verification of prize amount, cancellation of
tickets etc;
(c) “Director” means the Director, Directorate
of Small Savings and Lotteries, Government
of Goa;
(d) “Draw Committee” means the committee
constituted by the Government to conduct
the draw of the Online Lotteries;
(e) “Goa Online Lottery” means an online
network system organised, conducted and
run by the Government of Goa to permit
players to purchase lottery tickets generated
by the Central Computer Server and
purchased by player via a personal device
such as Personal Computer or Phone
connected to internet or an online lottery
point of sale terminal, where the information
about the sale of a ticket and the player’s
choice of numbers is simultaneously
registered with the central computer server;
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(f) “Government” means the Government
of Goa;
(g) “Marketing Agent” shall mean the
Marketing Agent appointed under rule 6;
(h) “State” means the State of Goa;
(i) “Ticket” means player’s choice of any
combination of numbers which is registered
with the central computer server. The ticket
can be either in an electronic form (eTicket)
or in printed form via Lottery Point of Sale
Terminal. Each Ticket can have multiple
selections of such number combinations.
3.
Organising,
Conducting
and
headquarters.— (1) The State may organise
paper and online lottery or both in the State,
in consonance with the Act and/or the Rules
made thereunder.
(2) The State shall decide and identify by
way of a notification, the slots and sets to be
earmarked for the Goa Online Lotteries
amongst the permissible lottery slots or sets
and release such number of schemes and
draws in conformity with the Act and Rules.
(3) The Goa Online lottery shall be
organised, conducted and/or promoted by the
Government.
(4) The Online Lottery conducted to be of
minimum 4 digits. No price in an Online
Lottery shall be on the basis of single, double
or triple digit in any form or combination.
(5) The headquarters of the Goa Online
Lottery shall be the Directorate of Small
Savings and Lotteries, Government of Goa or
at any other place as may be decided by the
Government.
4. Administration and Implementing Online
Lotteries.— The Online Lotteries shall be
administered by the Secretary, Finance,
Government of Goa and implemented by the
Director, Directorate of Small Savings and
Lotteries, Government of Goa, or any other
Officer as may be decided by the
Government, in the manner determined by
the Government from time to time.
5. Conduct of the Online Lotteries.— (1)
The draws of the online lottery shall be
conducted in the presence of the draw
committee, constituted by the Government
which shall consist of not less than three
members. One of the members so appointed
shall be Chairperson of the draw committee
and two members shall constitute the
quorum.
(2) In absence of the Chairperson, any
member of the draw committee present for
the draw shall act in his place as Chairperson
and conduct the draw.
(3) The Chairperson and members of the
draw committee shall be paid such
honorarium as decided by the Government.
(4) The State shall announce in advance,
by way of a notification in the Official Gazette,
the following information in respect of the
Online Lottery:
(i) the name of the Lottery;
(ii) prices of the Lottery and the amounts
offered;
(iii) total number of tickets, gross value
of the tickets;
(iv) name or names of the Marketing
Agency/Distributors/Selling Agents with
their address and contact information;
(v) date of draw;
(vi) place where the draw will be
conducted.
6. Appointment of the Marketing Agent/
Agency.— (i) The Government may in a
transparent manner through an open tender
and on the recommendation of the “Tender
Scrutiny Committee” appoint a Marketing
Agent/Agency for marketing and sale of
Online Lotteries.
(ii) The “Tender Scrutiny Committee” shall
consist of such members as may be notified
by the Government.
(iii) The State Government may specify the
qualifications, experience and terms and
conditions for appointment of the Marketing
Agent/Agency and its Sub Agents.
(iv) The Marketing Agent may appoint Sub-
Agents for marketing and sale of Online
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Lotteries and such Sub-Agents shall possess
the qualification and experience as may be
specified by the Government from time to
time. However the Marketing Agent
appointed shall be responsible to ensure that
the Sub-agents adhere to and act in
conformity with the provisions of the Act and
these rules.
(v) The State Government in order to
ensure the integrity of the hardware and
software used for operation of the Online
Lottery, get the software used duly certified
by the Standardization, Testing and Quality
Certification Directorate (STQC) under the
Ministry of Electronics & IT, Government of
India or any other authority specified by the
Government of India from time to time.
(vi) It shall be open to the Government to
terminate the agency of Marketing Agent for
good and sufficient reasons after giving him
a reasonable opportunity of being heard.
It shall be open to the Government to forfeit
the security deposit if any irregularities or
illegalities are noticed in the discharge of
functions of the Marketing Agent or any
violation of the conditions of the agreement
executed. The decision of the Government in
this respect shall be final and binding on the
Marketing Agent.
7. Duties and responsibilities of the
marketing agent.— (1) The Marketing Agent
appointed under rule 6(i) shall prepare and
submit to the Government detailed accounts
of sale of tickets every day in such form as
may be specified by the Government. Further,
he shall prepare and submit a statement
showing aggregate value of all tickets sold
per draw, before the draw is conducted.
(2) The Marketing Agent shall ensure
that the hardware the online software, App
and other programs used in the network
from the server to the Central System
licensed to the Government is procured
and maintained at the cost of the
Marketing Agent. The Marketing Agent
shall also ensure and make available
all the required updates available to the
Software.
(3) The Marketing Agent shall ensure that
regular updates to the software are made
available.
(4) The Marketing Agent shall ensure the
security and safety of the Server/Central
Computer System equipment’s, data, etickets
and other consumables used in the generation
and/or production of tickets, the Online
Lottery Server Network, and Computer
Terminal so as to prevent theft, fraud, misuse
or total destruction from fire, accidents or
such other natural disasters. In case any
security measures are necessary then the
Marketing Agent at its cost provide the same
as and when ordered by the Government
from time to time.
(5) The Marketing Agent shall ensure that
the Online Lottery tickets are not sold in the
States and Union Territories which do not
permit such sale of lottery and/or declared
as “Lottery Free Zone”.
(6) The Marketing Agent shall enter into
an agreement, arrangement or understanding
with the Government for successful running
and management of the Online Lottery on
specified terms and conditions as may be
decided by the Government. The agreement
so entered shall confirm with the provisions
of the Act and or the Rules made there under.
8. Termination of Services of Marketing
Agent.— (1) The Government may terminate
the services of the Marketing Agent by giving
a notice for such period as may be specified
in the Agreement, if, in its opinion it is found
that the Marketing Agent is not adhering to
or fulfilling the conditions stipulated in the
Agreement.
(2) In case the agent wants to stop
marketing of the etickets at his own will, he
shall give six months notice to that effect to
the Government and the Government shall
be entitled to forfeit the security deposit in
its entirety or part thereof for adjustment of
dues, without prejudice to any other right,
measure or remedy available to the
Government.
(3) In case of the Marketing Agent or its Sub
Agents indulge and/or commit a crime in
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connection with or related to the Online
Lottery, punishable under the Indian Penal
Code, 1860, or any other statutes in the
country, the Government shall forthwith
cancel and terminate the agreement with the
Marketing Agent.
9. Payment Gateway.— (1) A separate Joint
Escrow Bank account shall be maintained, in
any Scheduled Commercial Bank recognized
by the Reserve Bank of India, for all the
transactions and receipts of the sale proceeds
from the Online Lotteries.
(2) The said account shall be integrated
and synchronized with the software payment
Gateway of the online lottery to ensure that
the entire proceeds of the sale of the lottery
tickets are credited into the account after any
applicable deductions such as Payment
Gateway Charges.
(3) The Marketing Agent shall submit its
invoice to the Director on a monthly basis for
payment of its commission from the Joint
Escrow account as per the terms and
conditions specified in the agreement.
(4) Any interest income earned on the
deposit in the escrow account shall remain
with the Director and any service charges or
associated taxes for maintenance of the
Escrow Account shall be borne by the
Marketing Agent.
(5) The Marketing Agency shall submit, to
the State Government, the details of the tickets
sold just before the draw and the price
winning amount more than Rs. 10000/- in
respect of each draw, as the case may be,
within 10 days for the respective draw date.
(6) The payment of prize winning amount
upto a certain limit, as may be decided by
the Government, may be paid by the
marketing agent and claim the same from
the Directorate subsequently on production
of proper proof and details thereof. The
Directorate may get such details verified if
need be and pay the amount to the marketing
agent from the joint Escrow Account.
(7) The marketing agent shall be
responsible for payment of GST and other
applicable taxes.
10. Mode of issue of tickets.— (i) The Online
System of the lottery shall generate
automatically a eticket for every lottery
purchased. In case of Lottery ticket purchased
at a Lottery Point of Sales Terminal, then a
physical ticket printed from the Terminal will
be generated.
(ii) The eticket shall bear the facsimile
esignature of the Secretary (Finance), price
of the ticket, date and time of the draw and
such other marks or security codes for
identification and to protect the interest of
the player as well as the State.
(iii) The player should ensure for himself
the correctness and genuineness of the eticket
generated.
11. Conduct of draw.— (1) The draw shall
be conducted in presence of the committee
constituted under rule 5(1) above at a place
within the State on such date and time as
may be decided by the Director of Small
Savings and Lotteries. The draw to be
conducted by draw machines or any other
mechanical method based on random
technology which is visibly transparent to the
viewers.
(2) Timings of the draw for Online Lotteries
shall be fixed by the Director of Small Savings
and Lotteries between 9.30 am to 9.30 pm.
(3) The draw shall be conducted by the
Committee as per the pre-announced
schedule by operating the draw machine or
any other mechanical or electronic method
which can produce randomly selected wining
numbers for each online lottery in a visibly
transparent manner.
(4) The draw conducted shall be open for
public at large and shall be recorded for all
purposes to maintain transparency in the
entire process.
The Government inorder to bring in more
transparency may decide to telecast the draw
through radio or the TV channels or by any
other mode as the Government may deem fit
and proper.
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(5) No instrument of any kind used in
transmission of alpha-numeric message or
any instrument of audio visual display/
/recording shall be allowed to the person(s)
present at the draw place.
(6) Date and timings of the draw shall not
be altered ordinarily. However, under
exceptional circumstances depending upon
the market conditions or any other unforeseen
circumstances, the Directorate of Small
Savings and Lotteries may alter the date and
timings of the draw. The Director shall publish
such alterations in the newspaper.
(7) No draw of an online lottery shall be
conducted on any National Holiday.
(8) The number of lottery draws in the State
of Goa including the Online Lotteries, except
the bumper draw from all lottery schemes
put together, shall not be more than twenty
four per day.
12. Publication of the results.— (1) The
Committee shall make a note of the prize
winning numbers. The prize winning
numbers shall be cross checked with the
prize winning eticket numbers entered in the
register maintained for this purpose.
(2) The result of the draw shall be
announced under the signature of the
Director or any other Officer of the Directorate,
duly authorised and released to the press by
the Marketing Agent. Results of the draws
shall be published in at least one National
and two State level newspapers out of which
one shall be in English.
(3) After the prize winning numbers are
drawn and displayed, the prize winning ticket
numbers shall be entered in the register and
the entries in the register shall be signed by
the members of the committee or their
nominees who have represented them at the
time of such draws.
(4) Authorised representative of the
Government shall upload the prize winning
numbers in the Online Lottery Software for
information of the public at large.
(5) After the draw is over, all records
including the register shall be kept in the
custody of the Director for minimum period
of the three years after which they may be
destroyed. The eticket shall be preserved for
a period of five years from the date of the
draw:
Provided that such records and tickets
when required for statutory audit or for
production in the court of law, they shall be
kept and preserved beyond the aforesaid
period.
(6) Wide publicity shall be given to the
result of each draw including conducting of
live telecast of the draw process, print and
other audio visuals media etc. List of draw
shall also be published in the Official Gazette
or in such other manner which shall
constitute the official announcement of the
result.
13. Authentication of prize winning
numbers.— After the draw, the Committee
constituted under rule 5(1) shall verify the
eticket on the basis of the Security code on
the said ticket and authenticate the prize
winning numbers.
14. Award of the Prize Amount.— (1) Prizes
will be awarded to the players who possess
the eticket generated by the Online Network
System, with winning numbers of the
particular online lottery game as determined
after the official draw is conducted by the
Government. The prize structure will depend
on each game type which entertains and
offers a reasonable chance to win a
meaningful prize. There will be a prize pool
for each set of winning number including a
jackpot prize pool. For certain prizes, players
having similar winning number tickets will
have to share a prize from that pool category.
Each player is entitled to his share of prize
that may be determined after calculating all
such winning number tickets in such
category.
(2) No single selection within a lottery ticket
shall be eligible for more than one prize in
any draw.
15. Claim and payment of prizes by
winners.— (1) The person possessing a
genuine prize winning ticket shall claim their
prize amount within thirty days from the date
of draw. This time limit shall be specified on
the ticket.
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(2) In case of failure to claim the prize
amount in respect of any draw within the
specified period of thirty days from the date
of such draw, the prize amount shall lapse
and stand forfeited to the Government. If the
thirtieth day is a holiday the claim can be
accepted during office hours of the next
working day.
Provided that, the Director may after the
said period of thirty days, but before expiry
of ninety days, from the date of draw
entertain a claim if he is satisfied that the
delay in claiming the prize amount is for
reasons beyond the control of the claimant
(3) An application claiming all taxable
prizes shall be made online to the Director in
prescribed Form by the claimant along with
the genuine prizewinning ticket, photo,
election card/domicile certificate/aadhar card
or any other details as may be required by
the Director.
(4) No joint claim on any prize winning
ticket shall be entertained from any group of
individuals formed for the purpose of sharing
the prize among them.
(5) One selection within a ticket will entitle
the holder thereof to claim one prize only,
whichever is higher.
(6) The Director may get, the ticket claimed
as prize winning, verified from its Directorate
authority or any other authority duly
empowered by the Government for the
genuineness and authenticity.
(7) The prize amount unclaimed within the
stipulated time frame or not otherwise
distributed shall become the property of the
Government.
(8) The payment of prizes to the winners
shall be made by the Director after deducting
income tax and other such charges, as
specified in the Agreement and as notified in
the tickets at source. The Government may
also authorise the agent to make necessary
arrangements for payment of such lower
denomination prizes within such time as
specified in the Agreement (after deducting
income tax as may be required under the
law for the time being in force) to the winner
on behalf of the Government. The agent shall
settle such claims within the time schedule
and submit the details of the same to the
Director within 10 days after the scheduled
claim date for claiming the prize amount by
the eligible claimant. The payment procedure
shall be subject to verification by an
authorised officer of the Government and
audit. The prize paid tickets shall be
submitted by the agent to the Director or may
be held by him in safe custody on behalf of
the Director.
(9) All prize winners shall be paid in Indian
Currency.
(10) Prize amount for any prize winning
ticket against which a case is filed in any
court of law or where any investigation by
the Income Tax Department is pending or the
subject matter under investigation by police
or any other authority, the claim on the ticket
shall be subject to the result of such
investigation and the amount shall be payable
only after the case is settled after deducting
the Income-Tax dues, if any.
(11) The Marketing agent shall within a
period of 60 days from the date of each
draw render accounts with necessary
documentary evidence to the Director and
the same shall be subject to verification by
an authorised officer of the Government and
audit. Record of the Prize Paid Tickets (PPT’s)
shall be submitted by the Marketing Agent
to the Director or may be held in safe custody
on his behalf.
(12) In all cases under this rule the decision
of the Director shall be final and binding.
16. Payment to minors.— In the event of a
minor becoming a prize winner, the prize
money shall be given to his natural guardian
on production of proof to the satisfaction of
the Director regarding his/her guardianship.
Failing to prove guardianship the amount
shall be paid to the prize winning minor on
his/her attaining age of majority.
17. Bank Guarantee.— The Marketing
Agent shall furnish security in the form of
Bank Guarantee for an amount as decided by
the Government for due performance of his
obligations including payment of prizes as
specified in the Agreement.
18. Damages or Loss Caused to the
Government.— (1) In the event of any damage
or loss arise or is caused to the Government,
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due to omission or negligence of the
Marketing Agent or Sub-Agent, as the case
may be, the same shall be made good by the
Marketing Agent.
19. Appointment of Auditors/Technical
Experts.— (1) The Government may appoint
any Chartered Accountant or any other
person having requisite qualification to
conduct an independent audit of all accounts,
pertaining to the conduct of Online lottery.
The Government may also appoint Computer
or networking experts to conduct audit and
inspection of the Online Lottery Network
system installed by the Marketing Agent.
Such person appointed shall be responsible
for checking and counting of etickets being
sold, to detect any computer or online
network errors, mistakes, frauds, misuse of
system, to prevent data manipulation and
such other work assigned to them by the
Government or the Director.
(2) The person so appointed under
sub-rule (1) of rule 19 shall conduct an annual
financial and systems audit of the Online
Lottery organised by the State of Goa to
ensure that the provisions of the Act and/or
the rules made there under are not violated
in any manner whatsoever.
20. Remission.— In case of natural
calamities or circumstances beyond the
control of the Marketing Agent, the
Government may consider to allow such
remission to the Marketing Agent as the case
may be, as it may deem appropriate.
21. Resolution of dispute.— In case of any
dispute in the matters of payment of prize,
generation or sale of etickets, or any other
matter, the decision of the Government in the
Department of Finance shall be final.
22. Jurisdiction.— All litigation arising
relating to the Online Lotteries shall be
decided by the Court having jurisdiction
within limits of the City of Panaji-Goa only.
23. Litigation Charges.— The expenses, if
any, incurred by the Government on litigation
in relation to the Online Lottery including the
payment of sale proceeds shall be borne by
the Marketing Agent and any expenditure
incurred by the Government shall be adjusted
against the Bank Guarantee of the Marketing
Agent if not paid within a period of 90 days
from the date of the demand by the
Government thereof.
24. Interpretation.— If any question arises
as to the interpretation of these rules or any
other matter not expressly provided for in
these rules, the same shall be referred to the
Government, and the decision of the
Government thereon shall be final and
binding.
25. Alteration or Modification of the rules.—
The Government may alter or modify these
rules as and when it may be necessary.
26. Repeal and saving.— (1) Save as
otherwise provided in these Rules, on and
from the date of commencement of these
Rules, the Goa Computerised Network Lottery
Rules, 2003 stand repealed.
(2) The repeal of the said Rules shall not—
(a) affect any right, privilege, obligation,
or liability acquired, accrued or incurred
under the repealed Rules or orders under
such repealed Rules;
(b) affect any proceedings including that
relating to an appeal, revision, review or
reference or proceedings/representation
before the government, instituted before,
on or after the appointed day under the
said repealed Rules and such proceedings
shall be continued under the said repealed
Rules as if these Rules had not come into
force and the said Rules had not been
repealed.
By order and in the name of the Governor
of Goa.
Pranab G. Bhat, Under Secretary, Finance
(R&C).
Porvorim, 15th February, 2023.
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