ACTS OF GHANA

NATIONAL WEEKLY LOTTO ACT, 1961 (ACT 94).

As amended

ARRANGEMENT OF SECTIONS

Section

1. Power to conduct Lotto.

1A. District Weekly Lotto.

2. Prohibition.

3. Clandestine lotto.

4. Foreign lotto.

5. Punishment for subsequent offences.

6. Seizure and forfeiture of registers, etc., relating to offences.

6A. Action to be Brought within three Months.

7. Financial provisions.

8. Deficits to be met from the Consolidated Fund.

8A. Payment of Security Deposit by Weekly Lotto Operators.

8B. Tax Liabilities.

8C. Records and Account of District Weekly Lotto.

8D. Returns.

9. Accounts and audit.

10. Possession of forged lotto tickets, coupons or other documents.

11. Regulations.

12. Interpretation.

THE NINETY-FOURTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE NATIONAL WEEKLY LOTTO ACT, 1961

AN ACT to authorise the Minister of Finance to conduct a National Weekly Lotto.

DATE OF ASSENT:  22nd November, 1961

BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows:—

Section 1—Power to Conduct Lotto.

With a view to the raising of revenue it shall be lawful—

(a) for the Secretary to conduct a National Weekly Lotto; and

(b) for any District Assembly to authorise any individual or any unincorporated association of individuals by a licence issued under this Act to operate a District Weekly Lotto.[As substituted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(a)].

Section 1A—District Weekly Lotto.

(1) The operation of any form of lotto other than a lotto operated by the Department of National Lotteries shall be known as a District Weekly Lotto.

(2) Every District Assembly shall have the power to issue a licence to any individual or any unincorporated association of individuals hereafter in this Law referred to as "an operator" to operate a District Weekly Lotto.

(3) An application for a licence to operate a District Weekly Lotto shall be made to the District Assembly of the area where the applicant intends to operate and in accordance with the provisions of this Act.

(4) No licence for the operation of a District Weekly Lotto shall be issued to any person unless such person is of the age of eighteen years and is a citizen of Ghana.

(5) There shall be paid in respect of every licence issued under this Act such annual fee as may be determined by bye-laws made by the District Assemblies.

(6) Every District Assembly shall be responsible for the control and supervision of any District Weekly Lotto operated in its area of administration.

(7) A licence issued under this Act to an operator shall be revoked where the operator—

(a) is convicted of an offence under this Act;

(b) is unable to maintain the security deposit payable under section 8A of this Act or contravenes any of the provisions of this Act.[As inserted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(b)].

Section 2—Prohibition.

(1) Any lotto, otherwise than a Lotto promoted and conducted under the provisions of this Act, shall be unlawful.

(2) Any person who contravenes the provisions of the preceding subsection commits an offence and shall be liable on summary conviction to a fine not exceeding one hundred thousand cedis or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.[As amended by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(c)(i), (ii) ].

Section 3—Clandestine Lotto.

(1) A clandestine lotto, by whatever name called and in whatever manner and under whatever denomination it may be conducted, is prohibited.

(2) Any person undertaking a clandestine lotto or collecting stakes therein and any person aiding or abetting the same in any way commits an offence and shall be liable on summary conviction to a fine of not less than twenty thousand cedis and not exceeding one hundred thousand cedis or to imprisonment for a term of not less than six months and not exceeding two years.[As amended by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(d)(i), (ii)].

(3) Any person laying stakes in a clandestine lotto not being an accessory commits an offence and shall be liable on summary conviction, to a fine of not less than five pounds and not exceeding twenty pounds.

Section 4—Foreign Lotto.

(1) Any person who imports, sells, distributes, or acquires for the purpose of sale any foreign lotto ticket commits an offence and shall be liable on summary conviction to a fine not exceeding fifty thousand cedis or to imprisonment for a term not exceeding six months.

(2) Any person who acquires, for the purpose of gambling, any foreign lotto tickets commits an offence and shall be liable on summary conviction to a fine of not less than two thousand cedis and not exceeding ten thousand cedis.

(3) Any person who publishes in any manner whatsoever or by whatever means causes any other person to publish in any manner whatsoever any foreign lotto prospectus, advertisement or drawing, or brings to the knowledge of any person the places where subscriptions thereto may be made commits an offence and shall be liable on summary conviction to a fine of not less than five thousand cedis and not exceeding ten thousand cedis.[As amended by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(e)(i), (ii)].

Section 5—Punishment for Subsequent Offences.

Where a person is convicted of a second or any subsequent offence against the provisions of this Act or of regulations made thereunder, he shall be liable to a fine not exceeding five hundred thousand cedis or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.[As amended by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(f)].

Section 6—Seizure and Forfeiture of Registers, Etc., Relating to Offence.

All registers, instruments of gaming, tickets, bills, cards, money, whether it represents the pool or the stakes or the prize won, the movable or immovable things provided as prizes, and every other thing relating to an offence committed under the provisions of this Act, or which has served or was intended to serve for the commission of the offence, shall be seized and confiscated and shall be disposed of in such manner as a District Magistrate, on application being made to him, may order.

Section 6A—Action to be Brought within three Months.

Notwithstanding the provisions of the Limitation Decree, 1972 (NRCD 54), which provides, inter alia, that an action founded on simple contract shall be barred after six years, where a person wishes to bring an action to dispute the decision of the Director not to pay a lotto winning, such action shall be commenced within three months after the date of the notice of the annulment of the lotto winning. [As inserted by National Weekly Lotto (Amendment) Decree, 1976 NRCD 351) s. 1].

Section 7—Financial Provisions.

(1) There shall be an account to be known as the Lotto Account.

(2) There shall be paid into the Lotto Account the proceeds of the sale of tickets, coupons or other documents to be used in the conduct of any Lotto by the Commissioner, any fines imposed by the Director on Lotto Receivers and any forfeiture as may be expedient in accordance with the provisions of this Act.

(3) There shall be paid out of the Lotto Account the money for the prizes in each Lotto and payments duly made to those who are engaged in the sale of tickets, coupons or other documents used in the conduct of the Lotto.

(4) At the end of each quarter any balance in the Lotto Account shall be paid into the Consolidated Fund. [As substituted by National Weekly Lotto (Amendment) Decree, 1977 (SMCD 83) s. 1 (a) ].

Section 8—Deficits to be Met from the Consolidated Fund.

If the amount standing to the credit of the Lotto Account at any time is less than the amount required to meet the money for prizes or other payments to be made out of the Account under the last foregoing section, the amount of money so required shall be charged on the Consolidated Fund.

Section 8A—Payment of Security Deposit by Weekly Lotto Operators.

(1) No District Assembly shall license any applicant to operate a District Weekly Lotto under this Act unless such applicant pays to the District Assembly and maintains at all times while he carries on such operation a security deposit of such an amount as the District Assembly shall determine.

(2) The security deposit shall be the asset of the operator but shall be available to the operator only—

(a) where he cannot in the opinion of the District Assembly, reasonably meet his liabilities for the payment of prize monies arising from any weekly lotto from his available resources and the winnings remain unpaid for more than fifteen days from the date of presentation for payment; or

(b) where he ceases to operate the District Weekly Lotto.

(3) Any withdrawal made out of the security deposit under subsection (1) (a) shall be replaced by the operator within thirty days from the date of the withdrawal.

Section 8B—Tax Liabilities.

(1) An operator of a District Weekly Lotto shall pay such quarterly sum as may be determined by the Commissioner of Internal Revenue, to the Internal Revenue office within the area of his operation in the District.

(2) The Commissioner of Internal Revenue shall issue a receipt to the operator upon the payment of any sum determined under subsection (1) of this section and shall, in computing the tax liability of the operator for any quarter or year of assessment, credit such operator with any payment made under subsection (1) of this section.

(3) The Commissioner of Internal Revenue shall at the end of every six months pay 75% of the taxes collected from operators to the Secretary for Local Government who shall be responsible for allocating such monies to the District Assemblies on a formula approved by the Council.

Section 8C—Records and Account of District Weekly Lotto.

(1) A licensed operator shall keep and records of—

(a) coupons approved for his use in the operation of the lotto;

(b) a register of sales of coupons; and

(c) a register of his officials or agents.

(2) Any record kept under subsection (1) of this section shall be available for inspection by any authorised officer of the District Assembly.

Section 8D—Returns.  

(1) Every operator shall submit to the District Assembly quarterly returns on coupons collected and sold within his area of operation.

(2) For the purposes of compiling statistics on lotto in Ghana every District Assembly shall at the end of every year commencing from 31st December, 1989 submit returns on the operation of the lotto within its administrative area to the Director of National Lotteries.[As inserted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(g)].

Section 9—Accounts and Audit.

(1) The Minister shall for every Lotto keep an account of all receipts and outgoings in a form approved by the Auditor-General.

(2) Within six months from the end of any year in which the Lotto draws have been held the Auditor-General shall present to the National Assembly a copy of the account kept under this section as respects such Lotto draws and audited by the Auditor-General, and a report concerning the Lotto draws, and shall state in the report whether he is satisfied that all practicable steps have been taken for the prevention of fraud in connection with the Lotto.

(3) The Minister shall keep a separate record of any payments made out of the Consolidated Fund under the last foregoing section to meet a deficit and of any subsequent payments made under section 7 of this Act out of the Lotto Account into the Consolidated Fund.

(4) The accounts certified by the Auditor-General shall include payments made to meet deficits whether or not the total of such deficits is greater than the amounts subsequently paid into the Consolidated Fund.

Section 10—Possession of Forged Lotto Tickets, Coupons or other Documents.

Any person who without lawful excuse, the proof of which shall be on him, has in his possession any forged ticket, coupon or other document for any Lotto draw under this Act shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding two years. [As Substituted by National Weekly Lotto (Amendment) Decree, 1977 (SMCD 83) s. 1 (b) ].

Section 11—Regulations.

The Secretary in consultation with the Secretary for Local Government may by legislative instrument, make Regulations for:

(a) the administration of the Lotto;

(b) the number of Lotto offices authorised to receive stakes; [As amended by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(h) (i)].

(c) the day, the hour and the method of conducting the Lotto and its periodical drawings as well as the persons who shall be present at a draw of the Lotto;

(d) the stakes that may be laid on the result of the draw;

(e) the amount of the prizes to be distributed and the conditions under which prizes may be paid;

(f) the manner and the conditions in or under which stakes may be accepted;

(g) the day and the hour when stakes shall no longer be accepted and when counterfoils and carbon copies of tickets, coupons or other documents used in the conduct of the Lotto shall be deposited;[As Substituted by National Weekly Lotto (Amendment) Decree, 1977 (SMCD 83) s. 1 (c) ].

(h) the number, the duties and obligations of the receivers of the stakes, and the percentage, or other remuneration which they may be allowed;

(i) the appointment of a Commission to conduct the draws;

(j) the appointment of a Board to verify the winning tickets, coupons or other documents used in the conduct of the Lotto with the respective counterfoils and carbon copies of such tickets, coupons or other documents, to be present at all the draws and to carry out such other duties as may be prescribed by the Regulations;[As Substituted by National Weekly Lotto (Amendment) Decree, 1977 (SMCD 83) s. 1 (c)].

(k) the method of collection and disposal of subscriptions;

(l) the form of any tickets or other documents to be used in the conduct of the Lotto;

(m) the value of the prizes to be distributed;

(n) the time within which, and the method by which, prizes may be claimed;

(o) the determination of any dispute 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 prescribed period the prize may be forfeited;

(p) the issue and sale of tickets, coupons or other documents to be used in the conduct of the Lotto; [As Substituted by National Weekly Lotto (Amendment) Decree, 1977 (SMCD 83) s. 1 (c)].

(q) the forfeiture of unclaimed prizes after a prescribed period;

(r) the licensing of operators of District Weekly Lotto.[As substituted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(h)(ii)].

(s) the fees payable by operators;

(t) the effective implementation of the provision of this Act. [As inserted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(h)(iii)].

Section 12—Interpretation.

In this Act unless the context otherwise requires—

"clandestine lotto" means a lotto conducted, otherwise than under the provision of this Act;

"lotto" means the National Weekly Lotto promoted under this Act or the District Weekly Lotto operated by a licensed operator;

"operator" means any individual or unincorporated association of individuals licensed by a District Assembly under this Act to operate a District Weekly Lotto;

"Secretary" means the Secretary responsible for National Revenue.[As inserted by the National Weekly Lotto (Amendment) Law, 1989 (PNDCL 223), s.(i)]

amended by 

NATIONAL WEEKLY LOTTO (AMENDMENT) DECREE 1975 (NRCD 351)1.

NATIONAL WEEKLY LOTTO (AMENDMENT) DECREE 1977 (SMCD 83)2.

NATIONAL WEEKLY LOTTO (AMENDMENT) LAW, 1989 (PNDCL 223).3