CHAPTER 163
LOTTERIES ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Unauthorised lotteries

   4.   Establishment of Board

   5.   Authorisation of lotteries

   6.   Powers of controlling authorities

   7.   Imposition of conditions

   8.   Utilisation of gross proceeds of a lottery for certain purposes

   9.   Prescribed fees

   10.   Invalid conditions by promoters

   11.   Power to require incorporation of promoters

   12.   Lotteries incidental to certain entertainments

   13.   Private lotteries

   14.   Offences by bodies corporate

   15.   Powers of President and Minister

AN ACT

to provide for the control and regulation of lotteries; to provide for the setting up of a Lotteries Control Board and for the powers and duties thereof; and to provide for matters connected therewith and incidental thereto.

[1st November, 1957]

Act 8 of 1957,

Act 62 of 1957,

Act 32 of 1959,

Act 44 of 1960,

Act 20 of 1961,

Act 22 of 1963,

Act 17 of 1975,

Act 27 of 1989,

Act 13 of 1994,

GN 304 of 1964,

GN 497 of 1964,

SI 91 of 1965.

1.   Short title

This Act may be cited as the Lotteries Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Lotteries Control Board established under the provisions of section 4;

“controlling authority” means—

      (a)   in respect of a lottery in which tickets or chances are to be issued for sale to a total value in excess of sixty ngwee, the Board;

      (b)   in respect of a lottery in which tickets or chances are to be issued for sale to a total value not exceeding sixty ngwee, the officer commanding the Police Division in which the lottery is to be conducted;

“lottery” means any scheme of arrangement whereby prizes in the form of money or other property or benefit are awarded to holders of tickets or chances acquired by prior payment and drawn by lot, or whereby the winners are determined by the incidence of chance from amongst the holders of such tickets or chances in any other manner except by means of a gaming machine as defined by the Aming Machines (Prohibition) Act.

“officer commanding the Police Division” includes such other police officer duly authorised in that behalf by such officer commanding:

Provided that such other officer shall be the police officer in charge of the particular area in which the lottery is to be conducted.

[S 2 am by Act 17 of 1975.]

3.   Unauthorised lotteries

   (1) Any lottery promoted or conducted otherwise than in accordance with the provisions of this Act shall be deemed to be an unauthorised lottery.

   (2) Any person who opens, keeps or uses any place for carrying on an unauthorised lottery shall be guilty of an offence and shall be liable to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a term not exceeding two years, or to both.

   (3) Any person who prints or publishes, or causes to be printed or published, any advertisement or other notice of or relating to an unauthorised lottery, whether promoted within Zambia or elsewhere, or of or relating to the sale of any ticket or chance in any such lottery, shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units.

Provided that the publication of any such advertisement or notice in a newspaper printed outside Zambia and normally circulating within Zambia shall not be a contravention of the provisions of this sub-section if the lottery to which such advertisement or notice refers is promoted and conducted outside Zambia.

   (4) When any person is convicted of an offence under the provisions of this section, the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any instrument, apparatus or device used in connection with the lottery concerning which the conviction has taken place.

[S 3 am by SI 91 of 1965; Act 27 of 1989, 13 of 1994.]

4.   Establishment of Board

   (1) There shall be established a board, to be known as the Lotteries Control Board, which shall consist of—

      (a)   a Chairman;

      (b)   the Director of Social Welfare or his representative; and

      (c)   three members of the public.

   (2) The Chairman and the members of the Board, other than public officers, shall be appointed to the Board by the Minister for such period, not exceeding three years, as the Minister may specify:

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