1155

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;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1156

(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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1157

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

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1158

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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1159

(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.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1160

(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,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 45

(EXTRAORDINARY)

15TH FEBRUARY, 2023

1161

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.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 7.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—414/100—2/2023.