.

47. Subject to the provisions of this Act, all lotteries are unlawful.

48.(1) Subject to the provisions of this section, every person who in connection with any lottery promoted or proposed to be promoted either in Jamaica or elsewhere-

(a) prints any tickets for use in the lottery; or

(b) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution, any tickets or chances in the lottery; or

(c) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution-

(i) any advertisement of the lottery; or

(ii) any list, whether complete or not, of prize winners or winning tickets in the lottery; or

(iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery, as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries; or

(d) brings, or invites any person to send, into Jamaica for the purpose of sale or distribution any ticket in, or advertisement of, the lottery; or

(e) sends or attempts to send out of Jamaica any money or valuable thing received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder, of any ticket or chance in the lottery; or

(f) uses any premises, or causes or knowingly permits any premises to be used, for purposes connected with the promotion or conduct of the lottery; or

(g) causes, procures or attempts to procure any person to do any of the above mentioned acts, shall be guilty of an offence and shall be liable to a fine not exceeding four hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months.

(2) In any proceedings instituted under subsection (1) it shall be a defense to prove either-

(a) that the lottery to which the proceedings relate was a lottery permitted or declared not to be unlawful by section 49, 50, 51, 52 or 54 as the case may be, and that at the date of the alleged offence the person charged believed, and had reasonable ground for believing, that none of the conditions required by that section to be observed in connection with the promotion and conduct of the lottery had been broken; or

(b) that the lottery to which the proceedings relate was also a game of chance and that at the time of the alleged offence the person charged believed, and had reasonable ground for believing that it was being conducted in such circumstances that no offence under Part VI was committed.

(3) Proceedings under sub-paragraph (iii) of paragraph (c) of subsection (1) in respect of any matter published in a newspaper shall not be instituted except by, or by direction of, the Director of Public Prosecutions.

49. The Commission in accordance with Part II may grant a licence to any person to promote a lottery and any such lottery which is promoted in accordance with terms and conditions of the licence shall not be unlawful. .

In this section the expression "promote" includes organize and conduct.

50.(1) Where a lottery is promoted as an incident of an entertainment to which this section applies, that lottery shall not be unlawful but the conditions set out in subsection (2) shall be observed in connection with its promotion and conduct and, if any of those conditions is contravened, every person concerned in the promotion or conduct of the lottery shall be guilty of an offence unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

(2) The conditions referred to in subsection (1) are that-

(a) the whole proceeds of the entertainment (including the proceeds of the lottery) after deducting-

(i) the expenses of the entertainment, excluding expenses incurred in connection with the lottery;

(ii) the expenses incurred in printing tickets in the lottery; and

(iii) such sum, if any, not exceeding twenty dollars as the promoters of the lottery think fit to appropriate on account of expenses incurred by them in purchasing prizes in the lottery, shall be devoted to purposes other than private gain;

(b) tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment; and

(c) the facilities afforded for participating in lotteries, or those facilities together with facilities offered by virtue of section 42 for taking part in gaming, shall not be the only, or the only substantial, inducement to persons to attend the entertainment.

(3) The entertainments to which this section applies are-

(a) bazaars, sales of work, fetes, dinners, dances, fairs and other entertainments of a similar character, whether limited to one day or extended over two or more days; and

(b) entertainments approved in writing by a Justice of the Peace after notification to an officer of police not below the rank of Assistant Superintendent.

51. -(1) Any three or more persons ordinarily resident in Jamaica may organize a lottery for the purpose of raising funds to be used for any religious, charitable or educational purpose, or promotion of athletic sports or games or cultural activities or otherwise for the promotion of the welfare of the community or any part thereof, subject to the following conditions-

(a) the organizers of the lottery shall-

i.  obtain the prior approval of the Minister for organizing the lottery;

ii.  undertake to declare the purposes for which the proceeds of the lottery will be applied;

iii.  enter into a bond with the Accountant General for payment to him of fifteen per cent of the gross receipts therefrom, which amount is in this section referred to as the duty payable on the lottery;

iv.  pay to the Accountant-General within fourteen days after the lottery has been conducted the duty payable on the lottery evidenced by a statement of account duly verified by a Chartered or Certified or Approved Accountant;

v.  (b) the Minister responsible for finance may waive or refund in whole or in part, the duty payable on the lottery, and, subject to the provisions of paragraph (c), the conditions imposed by sub-paragraphs (iii) and (iv) of paragraph (a) shall be construed accordingly;

(c) where the duty payable on a lottery has been waived or refunded in whole or in part, the Accountant-General may, nevertheless, in his discretion, collect from the organizers of the lottery the full amount of such duty and pay over to the organization in whose favour the lottery has been organized the amount waived or refunded.

(2) Should any organizer of such a lottery fail to observe and comply with the terms of this section or section 53 or render a false statement of account such organizer shall be guilty of an offence and shall be liable to a fine not exceeding four hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months.

(3) For the purposes of subsection (1) "Approved Accountant" means-

(a) in relation to a lottery the gross receipts of which do not exceed five hundred dollars, a person (not being connected with the conduct of the lottery) approved by the Minister responsible for finance for the purpose of verifying the statement of account;

(b) in relation to a lottery the gross receipts of which exceed five hundred dollars, an approved auditor under section 12 of the Industrial and Provident Societies Act.

52.(1) The companies mentioned in the Fourth Schedule shall each be entitled to conduct not more than two sweepstakes or such greater number as may be prescribed, in each calendar year on any race-meeting promoted by such company subject to the following conditions that is to say-

(a) that such company is licensed pursuant to the Jamaica Racing Commission Act, to operate the racecourse;

(b) that within fourteen days after the advertised date for the draw for any sweepstake fifteen per cent of the gross receipts from such sweepstake  evidenced by a statement of account duly verified by the auditors of the company shall be paid by the company conducting the same to the Accountant-General to be applied by the Government in such manner as it thinks fit for the improvement or benefit of the public hospitals in Jamaica;

(c) that such company shall undertake to the satisfaction of the Jamaica Racing Commission to organize and run not less than the prescribed number of races in each year to be confined to native bred two and three year old horses with a purse of not less than two thousand dollars or such greater sum as may be prescribed for each such race the nomination or entrance money for which shall not exceed two per cent of the purse;

(d) that the payment of any purse to be raced for as provided by paragraph (c) shall be guaranteed by the company in such manner as the Jamaica Racing Commission may stipulate in writing from time to time and such payment shall only be made upon proof to the satisfaction of the Jamaica Racing Commission that the race has been run in accordance with the provisions of this section and the advertised conditions of the race, and in the absence of such proof within fourteen days of the advertised date for the race the purse shall be forfeited to the Government of Jamaica and be paid to the Accountant General to be applied by the Government in such manner as it thinks fit for the improvement or benefit of the public hospitals in Jamaica;

(e) that if the company fails to observe and comply with the terms of this section or section 53 or render a false statement of account the name of the company shall be removed from the Fourth  Schedule in manner provided by subsection (2) and the company shall forfeit to the Government of Jamaica any purse, the payment of which was guaranteed pursuant to paragraph (d) and the same shall be applied by the Government in such manner as it thinks fit for the improvement or benefit of the public hospitals in Jamaica.

(2) The Minister may from time to time by order published in the Gazette amend the Fourth Schedule by adding thereto the name of any company registered in Jamaica and promoted for the encouragement of horseracing or horse-breeding in Jamaica or by removing the name of any company therefrom.

(3) In this section -

"public hospitals" includes-

(a) all the public institutions and services operated in the interest of the public health and subject to the directions of the Minister responsible for health; and

(b)alms-houses regulated under the Poor Relief Act;

"gross receipts" means the nominal value of tickets sold in a sweepstake less-

(a) any commission to a vendor; and

(b) the value of bonus tickets;

"prescribed" means prescribed by regulations made by the Jamaica Racing Commission subject to the approval of the Minister responsible for finance.

53. The accounts relative to any entertainment at which accounts gaming is carried on pursuant to section 42 or to any sweep stake or lottery permitted under this Act or to any totalisator on a racecourse or track shall at all times be open to the inspection of the Government of Jamaica and the Minister responsible for finance may, if and whenever he so desires, appoint an auditor to examine the said accounts at the cost of the organizer of such entertainment, sweepstake or lottery or the operator of such totalisator.

54.-(1) In this section, the expression "private lottery" Exemption means a lottery in Jamaica which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either-

(a) members of one society established and conducted for purposes not connected with gaming, betting or lotteries; or

(b) persons all of whom work on the same premises; or

(c) persons all of whom reside on the same premises, and which is promoted by persons each of whom is a person to whom under the foregoing provisions of this subsection tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorized in writing by the governing body of the society to promote the lottery; and for the purposes of this section, the expression "society" includes a club, institution, organization or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society

(2) A private lottery shall not be unlawful, but the following conditions shall be observed in connection with its promotion and conduct, that is to say-

(a) whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances, or, in the case of a lottery promoted for the members of a society, shall be devoted either-

ii.  to purposes which are purposes of the society; or

iii. as to part to the provision of prizes as aforesaid and as to the remainder to such purposes as aforesaid;

(b) there shall not be exhibited, published or distributed any written notice or advertisement of the lottery other than-

ii.  such announcement or advertisement thereof as is contained in the tickets or list of chances;

(c) the prices of all tickets or chances shall be the same, and the price of any ticket shall be stated on the ticket or, if there are no tickets, on the list of chances;

(d) every ticket shall bear upon the face of it the name and address of each of the promoters, a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning ticket or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement;

(e) no tickets in the lottery shall be sent through the post.

(3) If any of the conditions set out in subsection(2) is contravened, each of the promoters of the lottery, and where the person by whom the condition is broken is not one of the promoters, that person also, shall be guilty of an offence:Provided that it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it.

55. Nothing in this Part shall affect the operation of the Art Unions Legalization Act and any lottery promoted or conducted in accordance with that Act shall not be unlawful.

56.-(1) Without prejudice to the generality of the pro- visions of section 48, every person who-

(a) has in his possession without lawful excuse (the proof whereof shall lie upon him) any peaka peow ticket or any drop pan ticket; or

(b) being the occupier of any premises, without lawful excuse (the proof whereof shall lie upon him) uses or permits those premises to be used for the storage of any peaka peow tickets; or

(c) uses any printing press or other printing machine for the purpose of printing peaka peow tickets; or

(d) gives or sells or offers for sale any peaka peow ticket or any drop pan ticket; or

(e)attends or assembles in any public or private place for the purpose of ascertaining or waiting for the result of any event or contingency of or relating to any game, pretended game or lottery known as peaka peow or drap pan or to any game of a similar nature, shall be guilty of an offence.

(2) For the purposes of this section-

(a) "peaka peow ticket" means-

ii.  any paper, ticket or document printed with characters or symbols of a type commonly used in connection with any such game, pretended game or lottery as aforesaid whether or not such paper, ticket or document is, for the time being, being used in relation to such game, pretended game or lottery as aforesaid;

(b)"drop pan ticket" means any paper, ticket or document authorizing or for the purpose of enabling or entitling any person to receive any money or valuable thing on any event or contingency of or relating to any game, pretended game or lottery known as drop pan or any game of a similar nature.

(3) Where any person is convicted of any offence under this section the Court may order the destruction of any books, records, papers and other articles relating to the offence which may be found in his possession and in the case of an offence against paragraph (c) of subsection (1), may order the destruction of any printing press or other printing machine used in connection with the offence.

(4) Any constable may arrest without warrant any person committing an offence under this section and may detain any article, printing press or other printing machine liable to be destroyed thereunder.

57. The Postmaster-General with the approval of the Minister responsible for communications may from time to time make such regulations as he thinks fit for preventing the sending or delivery by post of letters, circulars, being sent by advertisements or tickets of or concerning any lottery whether such letters, circulars or tickets be posted in Jamaica or elsewhere.

58.(1) Subject to the provisions of this section, it shall Restriction be unlawful to conduct in or through any newspaper, in connection with any trade or business or the sale of any petitions.

 article to the public- 

(a) any competition in which prizes are offered for the forecast of the result either-

(i) of a future event; or

(ii) of a past event, the result of which is not yet ascertained or not yet generally known;

(b) any other competition success in which does not depend to a substantial degree upon the exercise of skill, and in relation to which any entrance fee, stake, contribution or subscription is payable for or in respect of the right to enter or to participate.

(2) Nothing in subsection (1) with respect to the conducting of competitions in connection with a trade or business shall apply in relation to sanctioned pool betting or in relation to pool betting operations carried on by a person authorized by the Commission pursuant to section 18 or to any competition which is authorized by the Minister under this section.

(3) The Minister may, by order, authorize any person to conduct a competition under this section on such terms as he thinks fit, and, without prejudice to the generality of the foregoing and notwithstanding anything in the Stamp Duty Act, any such order may include a provision exempting from stamp duty under that Act in whole or in part letters or other instruments submitted by any person for the purpose of obtaining a right to enter for, or participate in, any such competition.

(4) Any person who contravenes the provisions of this section or, being a person authorized to conduct a competition under this section, fails to comply with any terms imposed by the Minister in relation to such competition pursuant to subsection (3) shall, without prejudice to any liability to be proceeded against under section 48, be guilty of an offence.

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