Delta State Lotteries Board Law

DELTA STATE LOTTERIES BOARD LAW

1. Short title This Law may be cited as the Delta State Lotteries Board Law.

2. Interpretation In this Law unless the context otherwise requires- “Appropriate Authority” means the Commissioner for the time being responsible for finance in the State; “Board” means the Delta State of Nigeria Lotteries Board established under section 3 of this Law; “Chairman” means the Chairman of the Board and includes any person acting for him; “Government” means the Government of Delta State of Nigeria; “Government Lottery” means a scheme promoted and conducted under the provisions of this Law for distribution of prizes by lot; “Chief Lotteries Officer” means the person holding the office of Chief Government Lotteries Officer and includes any person appointed to act in that office; “Governor” means the Governor of Delta State of Nigeria; “State” means Delta State of Nigeria.

3. Establishment of the Board (1) There shall be established for the State a Board to be known as the Delta State Lotteries Board. (2) The Board shall be a body corporate with perpetual succession and a common seal and with power to sue and be sued in its corporate name, and to acquire hold and dispose of property.

4. Constitution (1) The Board shall consist of a Chairman and four members. (2) The Chairman and members shall be appointed by the Governor on the advice of the appropriate authority and shall hold office for a period of three years but shall be eligible for re-appointment. (3) The appointment of the Chairman and members shall be notified in the State Gazette.

5. Appointment of acting chairman Where the Chairman is temporarily absent from Nigeria or is otherwise temporarily incapacitated to, perform the functions of his office, the Governor may appoint any other person to exercise all the powers and duties of the Chairman during the period of absence or, incapacity.

6. Remuneration and allowances to chairman and members There shall be paid to the Chairman and members such remuneration and allowances as the Governor may, from time to time, determine.

7. Quorum Three members of the Board including the Chairman or, in the absence of the Chairman, including any member elected by the members present to act, as chairman shall form a quorum

8. Meeting of the Board (1) The Board shall meet at least once in every three calendar months. (2) Notwithstanding the provisions of subsection (1) of this section the Chairman may call a meeting of the Board at any time. (3) Any three members of the Board may, by notice in writing signed by them, request the Chairman to call a meeting of the Board for such purpose as are set out in such notice and upon receipt of such a notice the Chairman shall summon a meeting. (4) The Chairman shall have one original vote and, when the votes are equally divided, a casting vote in addition to his original vote.

9. Standing orders The Board may with the prior approval of the appropriate authority, from time to time make standing orders providing for the proper conduct of its business and for meetings of the Board and in particular proving for- (a) the custody and use of its common seal; (b) the method of entering into contracts by the Board and of the execution thereof; and (c) the signing of cheques and other similar instruments.

10. Vacation of office The office of the Chairman or a member shall become vacant on the occurrence of any of the following events- (a) his death; (b) his inability, resulting from any cause, to discharge the functions of his office; (c) his conviction for a criminal offence involving fraud, dishonesty or moral turpitude; (d) his resignation; (e) dissolution of the Board; (f) his removal from office by the Governor for misbehaviour or any other sufficient cause.

11. Appointment of Chief Lotteries Officer (1) There shall be a Chief Government Lotteries Officer (hereinafter called “Chief Lotteries Officer”) who shall be the Chief Executive of the Board and who shall be responsible for the day of day running and administration of the Board. (2) The appointment and removal of the Chief Lotteries Officer shall be made by the Board subject to the approval of the appropriate authority. (3) The Chief Lotteries Officer shall be an officer but not a member of the Board.

12. Power to promote and conduct government lotteries (1) Subject to the provisions of this Law, it shall be lawful for the Board from time to time to promote and conduct in such manner as the Board may prescribe a Government Lottery, and in relation thereto and for that purpose, to do all such acts and things and give all such direction as may be prescribed. (2) The Board shall not promote or conduct a Government lottery unless authority has been so given by the appropriate authority.

13. Functions of the Board (1) The functions of the Board shall be to lay down broad policy for the effective promotion and conduct of the Government Lotteries and exercise general powers of supervision and control over the staff of the Board including the power to appoint, promote, dismiss and to exercise disciplinary control over such staff. (2) The Board shall determine the wages, salaries and other conditions of service of all persons employed by the Board subject to the approval of the appropriate authority. (3) The Board shall have power to establish in respect of its officers, and staff such pensions, gratuities and superannuation schemes as it may consider appropriate in accordance with the pensions laws for the time being in force in the State.

14. Power to make regulations (1) The Governor may make regulations for the purpose of giving effect to the provisions of this Law. (2) In particular and without prejudice to the generality of the fore-going power, the regulations made under subsection (1) of this section may provide for all or any of the following matters that is to say- (a) the number and value of the prizes to be distributed in any Government lottery; (b) the appointment, duties and remuneration of agents for the sale of tickets and for requiring such agents to give security for the due performance of their function; (c) the form of any tickets, or other documents to be used in the conduct of Government lottery; (d) the number of tickets to be issued by the Chief Lotteries Officer in any Government lottery and the subscription for each ticket; (e) the method of subscribing to a Government lottery and the method of collection and disposal of subscriptions; (f) the issue of tickets in respect of subscriptions; (g) the appointment of the time, when and the place for the allotment of prizes and the manner in which the draw shall he conducted; (h) the persons to be present at a draw, and their powers and duties in relation thereto and to any dispute or difficulty which may arise in connection with the draw; (i) the method of making claims in respect of prizes; (j) the determination of any dispute as to the person entitled to any prize or money; (k) the disposal of unclaimed prizes or money or of prizes or money as to which any dispute has arisen; (l) the management of the funds of the Government lottery; (m) the conferring of functions upon local government bodies in relation to the sale of tickets and the collections of subscriptions, and the remuneration of such authorities; (n) the forfeiture to the Board of subscriptions and prizes in such events as may be specified therein; (o) the transfer of subscriptions from one Government lottery to a subsequent Government lottery in such events as may be specified therein; (p) the deduction by agents or local government bodies of the remuneration prescribed from any moneys received in the performance of the functions conferred by the regulations on such agents or local government bodies; and (q) the time within which any requirement of the regulations is to be carried out.

15. Power to acquire real and personal property and to contract (15) The Lotteries Board shall have power to hold, manage and dispose of property whether real or personal for the purposes of its functions and may enter any contract

16. Funds and resources of the Board The funds and other resources of the Board shall consist of - (a) such sums as may from time to time be derived from the sale of lotteries tickets; (b) such sums as may be appropriated from time to time by the Board by the State Government; (c) moneys raised by way of loans or overdrafts; (d) moneys earned or arising, from any property and investments acquired or vested in the Board; (e) all other sums or property which may in any manner become payable to or vested in the Board.

17. Governor’s direction as to use of Board’s fund The Government may from time to time give directions of a general or specific character as to the manner of use and management of the funds of the Board and the Board shall give effect to any such directions.

18. Estimates and annual report (1) The Board shall so soon after it comes into being, prepare and submit for the approval of the appropriate authority an estimate of its revenue and expenditure during the first financial year after its inception, and thereafter the Board shall prepare and submit for the approval of the appropriate authority not later than the 31st day of October in each year an estimate of its proposed revenue and expenditure during the financial year next following; (2) Not later than the 31st day of March in each year the Board shall prepare and submit to the appropriate authority a report of the operations of the Board including a financial statement of the receipts and expenditure of the Board during the twelve months ending on the 31 st day of December of the previous year.

19. Accounts and audit (1) The Board shall cause proper accounts and other records relating thereto to be kept. (2) The accounts of the Board shall be audited soon after the end of the financial year by the State Audit Department or by any competent firm of auditors appointed by the appropriate authority for the purpose. (3) The remuneration of the auditors shall be determined by the Board subject to the approval of the appropriate authority and shall be paid out of the funds of the Board.

20. Bad debts The Board may with the prior approval of the appropriate authority write-off bad debts.

21. Freedom from penalties No subscriber or contributor to a Government lottery and any person acting under the authority or on behalf of a subscriber or contributor, and any person acting under the authority or on behalf of the Chief Lotteries Officer, or carrying out any prescribed duties or functions in relation to or in connection with the promotion or conduct of a Government lottery shall be liable to any penalties, suits, prosecutions, and liabilities to which by law he would be liable but for this Law as being concerned in an illegal lottery or as offending against the Criminal Code.