ANNEXURE 2
Agreement to be signed for appointment as Retail Lottery Agents as per
Maharashtra State Lottery (Regulation), Rule 2000 Part-1 (Rule 5(4))
This agreement is between Commissioner, Small Savings and State Lottery, 8
th
floor,
New Administrative Building, Mumbai-32 on behalf of Governor of Maharashtra
(hereinafter referred as to as “State Government”).
And Mr/Ms _______________________ son/daughter/wife of Mr __________________
residing at _________________________________________________________
hereinafter referred as the Retail Agent and this term would include the agent herself/
himself, their survivor, manager of will and her / his heirs.
Whereas, Government is operating the State Lottery as per the Provisions of the
_______________Act and as per the provisions of the Maharashtra State Lottery
(Regulation), Rules 2000.
And Whereas, government intends to appoint Retail Agents for increasing the sale of
lottery tickets, and make the tickets more easily available to the general public throughout
the State and in parts of the country and to propagate the sale of lottery tickets,
applications were invited through open advertisement for appointment as retail agents.
And Whereas, the above named Retail Agent has made an application to be appointed as
a retail agent for Maharashtra State Lottery and the State Government has accepted this
application
This agreement is to specify the terms and conditions under which the State Government
is appointing the said Retail Agent:Tenure of Agreement:
1. Tenure of this agreement will be for one year from its execution and this agreement
will be renewed after the end of this period in case there is no serious irregularity and the
volume of lottery tickets sold during the last one year is as per clause 35 of this
agreement.
2. The Retail Agent shall pay an amount of Rs. 200/- on account of the annual
registration /renewal fees and for the issue of an identity card. The Registration
Certificate/ Identity Card will be issued to the Retail Agent on the payment of this
amount. The State Government shall have the authority to reduce/waive the renewal fees
in case of better performance as Retail Agent in the previous year.
Purchase of Lottery Tickets:
3. Maharashtra State Lottery tickets will be available in multiples of 100.
4. The Retail Agent will be given a discount on the retail sale price of ticket as per the
policy declared by State Government from time to time. The Retail Agent will be allowed
to deduct this discount from the sale price of tickets he wishes to purchase and will
deposit the balance amount before lifting the tickets from the office of Deputy Director
(Spl. and Accounts), or from any Wholesale Agent appointed by the State Government.
5. On receiving the tickets, the Retail Agent shall check the tickets thoroughly and will
bring to notice of Director / Wholesale Agent any defects or shortcomings that may be
found in them. The likely defects in the tickets can include some of the following:
a) Incorrect printing of the ticket.
b) Printing of two tickets with same number.
c) Non-printing or illegible printing of ticket number, improper bar-coding.
d) Ticket found to be torn, crumpled or folded.
6. The Retail Agent shall get all such defective tickets replaced immediately. Defective
tickets will not be sold under any circumstances.
7. Normally, tickets once sold shall not be taken back. However, if any Lottery draw is
cancelled by the State Government on account of natural calamity or any other reasons,
the tickets for that draw can be returned to the State Government and the amount
deposited will be refunded to the Retail Agent.
8. In case some of the tickets purchased by the Retail Agent are lost, damaged or stolen,
the Director will publish a notice requesting the public not to purchase the tickets with
these numbers. The cost of publication of such a notice shall be borne by the Retail
Agent. However, no amount will be refunded. General Conditions:
9. The Retail Agent shall follow the provisions of the Maharashtra State Lottery
(Regulation) Rules 2000 in their entirety. Besides, the Retail Agent shall also strictly
follow any directions or instructions issued by the State Government from time to time.
10. The Retail Agent shall not sell any Lottery Ticket that is not authorized by the State
Government.
11. The Retail Agent shall sell lottery tickets only at the place as has been specified in the
Registration Certificate issued to him by the State Government.
12. The Retail Agent shall sell tickets only from only one place.
13. The Retail Agent shall sell the Lottery Tickets from a retail outlet or a place which is
vested with him legally, and as per the approvals obtained from the concerned local
authority.
14. The Retail Agent shall not obstruct or hinder the sale of lottery ticket by any other
retail agent who has been appointed by the State Government for selling Lottery Tickets.
15. The Retail Agent shall not sell the Lottery Tickets in any area where the sale of
Lottery Tickets has been prohibited by any other state government or by the Central
Government.
16. The Retail Agent must display the Registration Certificate issued to him by the State
Government prominently in the place of sale and also make available the same for
checking and verification, if demanded by the officers from the Directorate of State
Lotteries / other State Government departments.
17. The Retail Agent shall not sell lottery tickets once the tenure of this agreement has
expired.
Sale of Lottery Tickets:
18. The Retail Agent will make all efforts for increasing the sale of State Lottery Tickets
and shall also display all the advertisement material provided to him by the State
Government or the Wholesale Agent in a prominent manner at the place of sale of the
Lottery Tickets.
19. The Retail Agent shall display the name of Maharashtra State Lottery and its logo at
the place of sale. The Retail Agent shall also put up the details of the weekly and other
lottery schemes floated by the State Government, the place and time of draws, the
procedure to claim prizes, the telephone numbers and addresses of the officers of the
Director of Lotteries, as well as any other information relevant to the general public.20. Before selling the Lottery Tickets the Retail Agents shall affix his rubber stamp on
the back of the ticket. This rubber stamp shall be as per the sample provided by him and
which has been affixed in this agreement and shall clearly indicating his name, address
and the Registration Number. The Lottery Tickets shall not be sold without affixing this
rubber stamp, under any circumstances.
21. The Retail Agent shall not sell the Lottery Ticket at the price more than the printed
price of the ticket under any circumstances.
22. Under no circumstances shall the Retail Agent sell the Lottery Tickets after the time
of draw that has been declared by the State Government.
Responsibilities with respect to Results / Award Winning Tickets:
23. The Retail Agent will provide all possible assistance to the general public for making
available the results of draws of the State Lottery. The Retail Agent shall make available
the result of each lottery draw to the public and shall display the same prominently at the
place of sale for the information of the general public.
24. Each Lottery ticket has a unique number printed on the ticket and is also bar-coded.
The Retail Agent should have at least one barcode reading machine in working condition
to verify the authenticity of a prize winning ticket.
25. All prizes up to a certain amount (presently up to Rs 10,000) can be paid to the public
by the Retail Agent as per Rule 15 in Maharashtra State Lottery (Regulation) Rules 2000.
This amount is reimbursed by the State Government and also the Wholesale Agents along
with a service charge. If the number printed on a ticket and the bar-code on the ticket
matches, the award will not be generally denied by the Retail Agent for such an award
winning ticket.
26. If there is any doubt about the genuineness of the award winning ticket, such tickets
will be sent to the Deputy Director clearly mentioning the reason for the doubt and for
further checking/ verification. The decision of the Deputy Director as to the award
winning ticket is genuine or not shall be final and binding on all concerned.
27. The Retail agent must affix a stamp canceling the award winning tickets before
paying the prize amount and claiming reimbursement from the State Government.
28. The Retail Agent shall provide proper guidance about the procedure to claim prizes
above the amount which he can directly reimburse.
29. The Retail Agent will be reimbursed the prize winning amount paid by him to the
public along with a Service Charges which shall be as per policy decided by the State
Government from time to time. This reimbursement along with the Service Charge can
also be claimed from the Wholesale Agent from whom the tickets were purchased by the Retail Agent. However, the Retail Agent must submit the award winning tickets in the
following manner:
a) Such claims must be made within 65 days of the draw.
b) The award winning tickets should be cancelled as per Clause 27 of this
agreement.
c) The award winning tickets for each draw should be submitted separately.
d) Award winning tickets should be arranged series-wise and should be in the
running serial number / order.
e) The information about all the award winning tickets should be filled in the form
prescribed by the State Government for reimbursement.
30. The Retail Agent must ensure that the claim for reimbursement of the amounts paid
by him for the award winning tickets is fully correct and that claim is made only for the
valid award winning tickets. In case of any wrong claim (demand for reimbursement of
non-winning ticket, difference in ticket number provided to the State Government /
Wholesale Agent in the prescribed form and actual number of ticket actually submitted)
amount equal to 5 times of the wrong claim made for reimbursement will be deducted.
Other General Terms and Conditions:
31. The License issued by the State Government cannot be transferred to any person.
However, if the Retail Agent is temporarily unable to conduct the sale on his own due to
illness/ being out of station, the Lottery Tickets can be sold through any immediate
family member for a short period of time.
32. The Agency / License can be transferred to a legal heir of the Retail Agent in case of
death of where the Retail Agent is not able to carry out the business due to medical
reasons.
33. The Retail Agent will keep a watch to ensure that only authorized and tax paying
lotteries are being run in his area of operation. The Retail Agent shall immediately inform
the State Government about any unauthorized lottery being run in his area of operation.
34. If the State Government suffers any loss due the carelessness or ignorance of the
Retail Agent, the said amount shall be recovered from the Retail Agent.
Renewal of Agreement:
35. This agreement will be renewed on the basis of satisfactory performance by the Retail
Agent during the previous period and the minimum turnover of Lottery Tickets achieved
by him as may be prescribed by the State Government from time to time. Fine and Penalties:
36. In case of breach of the various clauses of this agreement, fine and penalty as below
will be recovered from the Retail Agent:
No. Relevant Sections Type of
infringement
Extant of Penalty / Action
1. In case of breach of
sections No. 8, 11, 12,
13, 16 of this agreement
Mild Fine of Rs. 100/- will be
recovered for each breach.
2. In case breach of sections
No. 9. 14. 17, 20. 23, 24,
25, 28 of agreement.
Serious Fine of Rs. 500/- for each breach.
In case of 3 repeated breaches
Agency liable to be cancelled and
ineligible for further renewal.
3. In case of breach of
sections No. 10, 15, 21,
22 of agreement.
Very Severe Fine of Rs. 5,000/- for each
breach and in case of another /
repeated breach, Agency will be
cancelled and ineligible for
renewal.
Termination of Agreement:
37. This agreement can be terminated by any party to this agreement by giving three
months’ notice to other party and this agreement will stand terminate automatically at the
end of this notice period.
38. Agreement will be terminated in case of breach of the terms and conditions of this
agreement as specified in Clause 36 above.
39. If in the opinion of the State Government, the behavior or the work of the Retail
Agent is not satisfactory, or if the Retail Agent is involved in any illegal activities, the
State Government may terminate this agreement without giving any advance notice.
40. In case of unsatisfactory performance by the Retail Agent, the State Government shall
terminate this agreement by giving two weeks’ notice to the Wholesale Agent and after
giving a personal hearing. The decision of the Commissioner Lotteries will be final and
binding in case of any dispute in this regard.
Decision on disputes:
41. In case of any dispute about any clause in this agreement the Principal Secretary
looking after lottery operations in the Finance Department will be the competent
authority to take the final decision and his decision will final and binding on all
concerned.Stamp Duty:
42. The Retail Agent shall be responsible for the payment of any stamp duty for this
agreement.
In witness hereof the Commissioner, signed here on date and year given at the
beginning above.
Commissioner, State Lottery, Mumbai
For and on behalf of Governor of Maharashtra
--------------------------------------------------------
in the presence of
_____________________________________________
Retail agent Mr./Ms. _____________________________
in the presence of
_____________________________________________
________________________________________________________________________
Above appointment is extended for following tenure
Date
Extended tenure Signature of
Retail agent
Signature of
concerned
officer with
seal
From to
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