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FOOTBALL POOLS AUTHORITY ACT, 1961
(ACT 78)
As amended
ARRANGEMENT OF SECTIONS
Section
1. Incorporation of Authority.
2. Functions of Authority.
2A. Basic Condition of Sending in
and Acceptance of Coupon.
2B. Supervision of Observation of
Regulations
3. Composition of Authority.
3A. Functions of the Managing
Director.
4. Power to hold land.
5. Remuneration.
6. Funds of Authority.
7. Directions of Minister.
8. Meetings of Authority.
9. Investment by Authority.
10. Accounts and audit.
11. Regulations.
12. Interpretation.
13. Commencement.
THE SEVENTY-EIGHTH
ACT OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA ENTITLED
THE FOOTBALL POOLS AUTHORITY ACT,
1961
AN ACT to regulate the operation
and working of football pools and
football pool agencies and other
purposes connected therewith.
DATE OF ASSENT: 22nd August, 1961
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
Section 1—Incorporation of
Authority.
(1) There shall be established a
Football Pools Authority which
shall be a body corporate.
(2) The Authority shall have
perpetual succession and a common
seal and may sue and be sued in
its corporate name.
Section 2—Unauthorised Pools
Unlawful
(1) Subject to the provisions of
this section, all football pools,
fixed odds competition or any
other competition or game based on
the results of football matches
are unlawful unless authorised by
the Authority;
(2) A football pool is a system of
multilateral betting where a
dividend in proportion to the
amount of money contributed by the
participants to a pool is paid to
the winner or winners, and a fixed
odds competition is a system of
direct bet between a staker and a
promoter or bookmaker where the
amount won by the winner does not
vary in proportion to the number
of winning coupons or the size of
the pool, but is fixed beforehand
by the promoter or bookmaker;
(3) The Authority shall have the
control and management of the
distribution, collection and
despatch of all coupons relating
to football pools, fixed odds
competition or any similar game;
(4) No person other than a person
authorised by the Authority as
dealing in football pools, fixed
odds competition or any similar
game shall deal in whatever manner
in the operation of football
pools, fixed odds competition or
similar games;
(5) No unauthorised person shall—
(a) print, import, sell, offer for
sale, advertise or have in his
possession for the purpose of
sale, distribution or
advertisement any coupons or other
printed matter relating to
football pools fixed odds
competition or any similar game;
or
(b) print, publish, or distribute
or have in his possession for the
purpose of publication or
distribution any documents
calculated to induce other persons
to participate in football pools,
fixed odds competitions or similar
game; or
(c) send or attempt to send out of
Ghana, any money or valuable thing
received as a result of the sale
or distribution of any coupons on
football pools, fixed odds
competition or similar game, or
any document recording the sale or
distribution or the identity of
the holder of, any such coupons;
or
(d) use any premises or cause or
knowingly permit any premises to
be used, for purposes connected
with the promotion or conduct of
football pools, fixed odds
competitions or similar games.
(6) The Authority may enter into
agreement with any person for the
operation of football pools, fixed
odds competition or similar game
and the agreement shall provide
for the retention of a share of
the profits accruing to that
person from the operation of the
football pools, so, however, that
such agreement shall not be valid
unless executed with the written
approval of the Commissioner
responsible for Finance.
(7) The Authority may establish,
organise and run football pools,
fixed odds competition and any
similar games based on the results
of football matches or conducted
on similar principle.
(8) Any person who contravenes the
provisions of this section shall
be guilty of an offence and shall
be liable on conviction to
imprisonment for a term of five
years or to a fine of one thousand
New Cedis or to both such fine and
imprisonment.
(9) Where the offence referred to
in subsection (8) of this section
was committed by a firm, every
partner of that firm shall be
deemed to be guilty of that
offence and where the offence was
committed by a body corporate,
every director and officer of that
body shall be deemed to be guilty
of that offence:
So, however, that no such person
shall be deemed to be so guilty,
if he proves that the offence was
committed without his knowledge or
that he exercised due diligence to
prevent the commission of the
offence. [As substituted by
Football Pools Authority Act, 1967
(Amendment) Decree 1967 (NLCD
214)].
Section 2A— Basic Condition of
Sending in and Acceptance of
Coupon.
It is a basic condition of the
sending in and the acceptance of
every coupon that it is intended
and agreed—
(a) that the conduct of the
Football Pools and everything done
in connection therewith and all
arrangements relating thereto
(whether mentioned in the Football
Pools Regulations, 1964 (LI 358)),
(hereinafter referred to as the
"Regulations") or to be implied,
and
(b) that any coupon and any
agreement or transaction entered
into or payment made by or under
it,
shall not be attached, by or give
rise to any legal relationship,
rights, duties or consequences
whatsoever or be legally
enforceable or the subject of
litigation: but that all such
arrangements, agreements or
transactions are binding in honour
only on the parties.
Section 2B— Supervision of
Observance of Regulations.
(1) In the interests of all, the
general conduct of the Pools
(including the ascertainment of
the actual amount of the stake
moneys, the dividends payable and
the observance of the Regulations)
shall be checked under the
supervision and control of
independent Accountants appointed
by the Authority who will also
control the due computation and
amounts of the Pools and
dividends.
(2) To prevent disputes from
arising and delays in payments to
winners, it is a further basic
condition that, in all matters
connected with the conduct of the
Pools, and in particular the
ascertainment of and payment to
winners, disqualifications and the
interpretation and application of
the Regulations, the decisions of
the Accountants shall be accepted
as final and in honour binding on
all parties including the
Authority. [As inserted by
Football Pool Authority
(Amendment) Decree, 1975 (NRCD
358)].
Section 3—Composition of
Authority.
(1) The Authority shall consist of
a Chairman, a Managing Director
and not more than six other
members, all of whom shall be
appointed by the National
Liberation Council.
(2) The Managing Director shall
hold office for such period and on
such conditions as the National
Liberation Council may from time
to time determine.
(3) Subject to subsection (2) the
members of the Authority,
including the Chairman, shall hold
office for a period of two years
and shall be eligible for
re-appointment so, however, that
any such member may at any time by
writing addressed to the National
Liberation Council resign his
office or may be removed from
office at any time by a direction
in writing given by or on behalf
of the National Liberation
Council. [As substituted by
Football Pools Authority
(Amendment) Decree, 1966 (NLCD
115) s. 1].
Section 3A—Functions of the
Managing Director.
The Authority may delegate to the
Managing Director such of its
functions as the Authority may
from time to time determine. [As
inserted by Football Pools
Authority (Amendment) Decree, 1966
(NLCD 115) s. 2].
Section 4—Power to Hold Land.
(1) The Authority shall have power
to acquire and hold any movable or
immovable property but shall not
sell, lease, mortgage or otherwise
alienate or dispose of any such
property without the consent in
writing of the Minister.
(2) Where there is any hindrance
to the acquisition of any property
under the preceding subsection the
property may be treated as
property required for the Public
Service and accordingly the State
Property and Contracts Act, 1960
(CA 6) shall apply, so however
that the provisions of that Act
shall apply with such
modifications as are necessary to
provide for the vesting of the
property acquired thereunder in
the Authority and for the cost of
acquisition to be defrayed by the
Authority.
Section 5—Remuneration.
(1) The Managing Director shall be
paid such salary and allowances as
the President may from time to
time determine. [As amended by
Football Pools Authority
(Amendment) Decree, 1966 (NLCD
115) s. 3].
(2) There shall be paid out of the
funds of the Authority to the
members of the Authority other
than the Managing Director
remuneration by the way of
travelling allowances and expenses
at such rate as are approved by
the Minister. As amended by
Football Pools Authority
(Amendment) Decree, 1966 (NLCD
115) s. 3].
Section 6—Funds of Authority.
(1) The funds of the Authority
shall include -
(a) all moneys accruing to the
Authority from the Government by
way of grant-in-aid or endowment,
or otherwise;
(b) any loan granted to the
Authority by the Government or any
person; and
(c) any moneys accruing to the
Authority in the course of the
discharge of its functions.
(2) The Authority shall take over
without any further authority than
this subsection all the assets and
liabilities of the Interim
Football Pools Authority, and
accordingly it shall be lawful for
the Authority to sue or be sued
in respect of the said assets and
liabilities.
Section 7—Directions of Minister.
The Minister may at any time give
directions of a general or
specific nature to the Authority
and the Authority shall comply
with any such directions.
Section 8—Meetings of Authority.
(1) The Authority shall meet for
the dispatch of business at such
times in places as a Chairman may
from time to time appoint but not
less than 4 times a year [As
amended by Football Pool Authority
(Amendment) Decree, 1966 (NLCD
115) s. 4(a)].
(2) The Chairman shall preside the
meeting of the Authority and in
his absence the member present
shall appoint one of their number
to preside. [As amended by
Football Pool Authority
(Amendment) Decree, 1966 (NLCD
115) s. 4(a)].
(3) Every question before the
Authority at any meeting shall be
decided by the majority of the
vote of the members present.
(4) Any member having an interest
whether pecuniary or otherwise,
direct or indirect, in any matter
which is before any meeting of the
Authority shall at the meeting
disclose the fact and shall not
take part in the consideration or
discussion of, or vote on any
question with respect to that
matter and if a Chairman so
directs he shall withdraw from the
meeting during such consideration
or discussion [As amended by
Football Pool Authority
(Amendment) Decree, 1966 (NLCD
115) s. 4(a)].
(5) The Chairman at any meeting of
the Authority shall have a vote,
but in the case of equality vote,
may exercise a second or casting
vote. [As amended by Football
Pool Authority (Amendment) Decree,
1966 (NLCD 115) s. 4(a)].
(6) Four members shall form a
quorum at any meeting of the
Authority [As amended by Football
Pools Authority (Amendment)
Decree, 1966 (NLCD 115) s. 4(b)].
(7) Minutes of the proceedings of
every meeting of the Authority
shall be regularly entered in a
book to be kept for that purpose
and shall, after approval, be
signed at the next ensuing meeting
by the Chairman, or as the case
may be, by the member presiding at
that meeting.[As amended by
Football Pool Authority
(Amendment) Decree, 1966 (NLCD
115) s. 4(a)].
(8) The Chairman may at any time,
and shall on the request in
writing of five other members of
the Authority call a special
meeting of the Authority.[As
amended by Football Pool Authority
(Amendment) Decree, 1966 (NLCD
115) s. 4(a)].
Section 9—Investment by Authority.
The Authority may invest all or
any portion of the moneys of the
Authority in such manner as may be
approved by the Minister.
Section 10—Accounts and Audit.
(1) The Authority shall keep
proper accounts and other records
relating thereto in a form and
manner approved by the
Auditor-General.
(2) Immediately after the end of
each financial year, the Authority
shall cause its accounts for that
year to be brought to a balance
and a balance-sheet prepared with
respect thereto together with a
statement or abstract of such
accounts.
(3) The accounts kept by the
Authority under the provisions of
the preceding subsection together
with all books, vouchers and
papers and the annual statement or
abstract thereof shall be laid
before and audited by the
Auditor-General.
(4) The Auditor-General shall make
and sign a report on the accounts
and statement or abstract and a
duplicate copy of the report
together with the statement or
abstract shall be sent to the
Minister who shall lay the report
before the National Assembly.
(5) The Authority shall permit the
Auditor-General and any person
authorised by the Auditor-General
to check any cash, investments or
other assets in its possession and
to have access at all times to all
its accounts and all books,
vouchers and papers relating
thereto.
(6) For the purposes of this
section the period beginning from
the commencement of this Act to
the thirtieth day of September,
1961 shall be deemed to be a
financial year and accordingly the
financial year for the purposes of
this Act shall be the period of
twelve months ending on the
thirtieth day of September.
Section 11—Regulations.
The Minister may by legislative
instrument make regulations for—
(a) the establishment,
organisation and running of
football pools by the Authority;
(b) the appointment, duties and
remuneration of agents and
sub-agents;
(c) the distribution of football
coupons;
(d) the form of any coupons or
other documents to be used in the
conduct of football pools;
(e) the method of claiming
winnings; and
(f) the determination of any
disputes as to the person entitled
to any prize or money providing
that in the event of a dispute as
to a prize remaining unsettled for
a specific period the prize or
money may be forfeited and paid
into the Consolidated Fund.
Section 12—Interpretation.
In this Act unless the context
otherwise requires—
"Authority" means the Football
Pools Authority established under
section 1 of this Act;
"Minister" means the Minister
responsible for finance.
Section 13—Commencement.
This Act shall be deemed to have
come into operation on the first
day of February, 1961.
amended by
FOOTBALL POOLS AUTHORITY
(AMENDMENT) DECREE, 1966 (NLCD
115)1.
FOOTBALL POOLS AUTHORITY ACT, 1961
(AMENDMENT) DECREE, 1967 (NLCD
214)2.
FOOTBALL POOLS AUTHORITY
(AMENDMENT) DECREE, 1975 (NRCD
358)3.
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