ANNEXURE 2
Agreement to be signed for appointment as Wholesale 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 to as Government)
And
Mr / Ms. ___________________________________________ son / daughter / wife of
Mr ________________________ residing at ________________________________ and
conducting business in the name of a firm called as
________________________________ in partnership / through a limited company,
which is registered under ________________________________ Act and having office
at __________________________________________, hereinafter referred as the
Wholesale Agent, this phrase will include, unless the contrary is implied, the Wholesale
Agent himself / the company, his partners, their heirs, survivor, executor or manager of
will, etc.
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 Wholesale Agents for increasing the sale of
lottery tickets, and make them easily available to the retail agents throughout the state, and to propagate the sale of lottery tickets applications were invited through open
advertisement for appointment as wholesale agents.
And whereas, the above named Whole Agent has made an application to be appointed as
a wholesale 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 Wholesale Agent:
Period, Registration Fees and Renewal:
1. The tenure of this agreement will be one year from its execution and this agreement
and the same shall be renewed after the end of this tenure in case there are no serious
irregularities and the Wholesale Agent is able to show sales as per Clause 38 of this
agreement during the preceding one year.
2. The Wholesale Agent shall deposit an amount of Rs. 5000/- on account of annual
registration fees /renewal and issue of an identity card. The registration
Certificate/identity card will be issued on payment of this amount.
3. The Wholesale agent shall furnish a bank guarantee from any scheduled for an amount
of Rs. 1 lakh which shall be valid for a period of not less than six months beyond the
period of this agreement.
Purchase of lottery tickets by wholesale agent:
4. Maharashtra State Lottery tickets will be available in multiples of 100. The Wholesale
Agent must purchase a minimum of 5000 tickets at a time.
5. The Wholesale 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. Wholesale Agent will be
allowed to deduct this discount from the sale price of tickets he wishes to purchase and
will deposit the balance amount with the State Government before lifting the tickets from
the office of Deputy Director (Spl. and Accounts), presently at Sewri, Mumbai.
6. On receiving the tickets the Wholesale Agent shall check the tickets thoroughly and
will bring to notice of Director 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.
7. The Wholesale Agent shall get all such defective tickets replaced immediately.
Defective tickets will not be sold under any circumstances.8. 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 Wholesale Agent.
9. In case some of the tickets purchased by the Wholesale 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
Wholesale Agent. However, no amount will be refunded.
Mandatory Conditions for Wholesale Agents:
10. The Wholesale Agent shall follow the provisions of the Maharashtra State Lottery
(Regulation) Rules 2000 in their entirety. Besides, the Wholesale Agent shall also strictly
follow any directions or instructions issued by the State Government from time to time.
11. The Wholesale Agent will sell tickets only from the office address intimated and
registered by him with State Government. The Wholesale Agent will sell tickets only
from one place. The said place of sale for Lottery Tickets shall have sufficient space to
store the tickets and also have minimum facilities for the conveinence of the Retail
Agents.
12. The Wholesale Agent may sell lottery tickets only to Retail Agents that have been
appointed by the State Government.
13. Outside his office / place of sale, the Wholesale Agent shall prominently display the
logo of the State Government Lottery, and the fact that he is the whole sale agent of the
State Government Lotteries.
14. The Wholesale Agent shall also put up the details of all 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 Retail Agents and the general
public.
15. The Wholesale Agent must display the Registration Certificate issued to him by the
State Government prominently in his office 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.
16. The Wholesale Agent shall not sell lottery tickets of any other State Government or
that promoted by any other person.
17. The Wholesale Agent shall not purchase or sell lottery tickets once the tenure of this
agreement has expired.Advertisement and Publicity:
18. The Wholesale Agent shall take all possible measures to increase the sale and give
widest possible publicity for increasing the sale of State Lottery tickets.
19. The Wholesale Agent will make all efforts for increasing sale of lottery tickets and
also display all the advertisements provided by the State Government prominently at the
place of sale of the tickets.
20. The Wholesale Agent shall make available the free posters received from the State
Government to the Retail Agents in the appropriate ratio.
Sale of Lottery Tickets to Retail Agents.
21. Before selling the lottery tickets to the Retail Agents the Wholesale Agent shall affix
his rubber stamp in the form provided by him and has been affixed on this agreement
clearly indicating his name, address and the registration number. The Lottery Tickets
shall not be sold without affixing this rubber stamp, under any circumstances.
22. The Wholesale Agent shall sell the tickets to the Retail Agents after giving them a
discount on the sale price of the tickets at the rate not less than that prescribed by the
State Government.
23. The Wholesale Agent must keep a record of the serial number of the book of Lottery
Ticket which is sold to each Retail Agent and must submit this record to the Deputy
Director (Spl. and Accounts).
24. The Wholesale 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.
Responsibilities with respect to Results / Award Winning Tickets:
25. The Wholesale Agent shall give broad publicity to the results of the Maharashtra
State Lottery and will make available result of draw to all the Retail Agents in the area of
his operations. The results would also be made available to the general public.
26. The Wholesale Agent shall check all the award winning tickets submitted to him by
the Retail Agents, and wherever the tickets are found to be genuine, shall immediately
reimburse the amount of award paid by the Retail Agent along with the Service Charge as
per the rates prescribed by the State Government from time to time as per Rule 15 in
Maharashtra State Lottery (Regulation) Rules 2000 Part 1.
27. This award amount reimbursed by the Whole Agent can be claimed from the State
Government along with the Service Charge as per the rates prescribed by the State Government from time to time. However, the Wholesale Agent must submit the award
winning tickets as follows to Deputy Director (Lottery).
a) Award winning tickets paid by Wholesale Agent/ Retail Agent should have
rubber stamp of cancellation.
b) The award winning tickets for each draw should be submitted separately.
c) Award winning tickets should be arranged series-wise and should be in the
running serial number / order.
d) The information about all the award winning tickets should be filled in the form
prescribed by the State Government for reimbursement.
e) The Retail Agent shall be allowed to claim reimbursement against the award
winning tickets from the Wholesale Agent within 65 days of the draw. The
Deputy Director (Spl. and Accounts) will accept these tickets from the Wholesale
Agent within 70 days of the draw.
28. Each Lottery ticket has a unique number printed on the ticket and is also bar-coded.
The Wholesale Agent shall have adequate barcode reading machines to check the
genuineness of the award winning ticket. If the number printed on a ticket and the barcode on the ticket matches, the award will not be generally denied for such an award
winning ticket.
29. 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.
30. The Wholesale 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 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. If the State Government suffers any loss on account of carelessness or ignorance of
the Wholesale Agent said amount shall be recovered from the Wholesale Agent.
32. The Wholesale Agent will keep a watch to ensure that only authorized tax paying
lotteries are being run in his area of operation. The Wholesale Agent shall immediately
inform the State Government about any unauthorized lottery being run in his area of
operation.
33. The Wholesale Agent shall keep a watch on the Retail Agents in his area of
operations and to insure that they are operating strictly as per the instructions issued by the State Government from time to time. Any breach of the directions / Rules by the
Retail Agents shall be brought to the notice of the State Government.
34. The Wholesale Agent may make recommendations for the appointment of new Retail
Agents in his area of operation.
35. The rights or benefits given to the Wholesale Agent as a result of this agreement are
not transferrable and cannot be conveyed or transferred to any other person.
36. The Wholesale Agent shall not claim or get any protection in any matter or offence as
a result of being appointed as an agent of the State Government.
37. The State Government shall not be responsible for any loss suffered by the Wholesale
Agent due to any reason whatsoever.
Renewal of Agreement:
38. This agreement will be renewed on the basis of the performance of the Wholesale
Agent in the existing tenure of agreement. The agency shall normally be renewed in all
cases where the Wholesale Agent achieves the minimum turnover that may be prescribed
as per the policy decided by the State Government from time to time.
Fine and Penalties:
39. In case of breach of following sections of this agreement, fine and penalties as shown
below shall become payable to the State Governemnt:
No. Relevant Sections Type of
infringement
Extant of Penalty / Action
1. In case of breach of
clauses 13, 17 and 19 of
this agreement
Mild Fine of Rs. 2000/- will be recovered
for each breach.
2. In case of breach of
clauses 7, 10, 11, 12, 14,
20, 21, 23, 32, and 33 of
this agreement.
Serious Fine of Rs. 10,000/- will be recovered
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
Clauses 16, 22, 24, 26
and 28 of this agreement.
Very Severe Fine of Rs. 25,000/- for each breach
and the agency shall be cancelled in
case of more than 1 breach and
ineligible for further renewal.
Termination of Agreement:
40. This agreement shall stand terminated if the Wholesale Agent goes into liquidation or
becomes insolvent.41. 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.
42. In case of unsatisfactory performance by the Wholesale Agent, the State Government
shall have the authority to terminate the agreement after 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.
43. If in the opinion of the State Government the behaviour or the work of the Wholesale
Agent is not satisfactory, or if the Wholesale Agent was involved in irregular activities or
has committed defaults as per clause 39 above, the State Government may terminate this
agreement without giving any advance notice.
Decision on disputes:
44. 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:
45. The Wholesale 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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