SOCIAL AND WELFARE SERVICES LOTTERIES BOARD ACT 1950-62

For the purpose of providing its own premises the Board may, out of the building fund established under section 14, and with the approval of the Minister of Finance and subject to such restrictions as the Minister of Finance may impose, enter into contracts, acquire and hold movable or immovable property and dispose thereof or otherwise deal therewith:

Any person appointed to be a member of the Board under subsection (1) shall hold office for a period not exceeding three years but at the expiration of the period of appointment of any member it shall be lawful for the Minister to re-appoint him for a further period not exceeding three years and from time to time thereafter to renew his appointment for a like period.

The Minister may dismiss or suspend any member of the Board and may appoint another person in his place or in place of any member who dies, retires or who, for the time being, is unable to act.

Notwithstanding subsection (1), on the occurrence of any vacancy in the Board, it shall not be necessary for the Minister to fill the vacancy so long as the number of members of the Board is not reduced to less than seven. [Act 21/62, s. 3.]

SOCIAL AND WELFARE SERVICES LOTTERIES BOARD

Five members of the Board shall constitute a quorum at any meeting and all acts, matters or things authorized or required to be done by the Board may be decided by a majority at any meeting at which such a quorum is present.

The Chairman shall, when every meeting of the Board, and member of the Board as may be chosen by the members present shall preside.

The Chairman or member presiding at a meeting shall have the right to vote on any question and, in the event of the division of votes being equal, he shall also have a casting vote.

All acts done by the Board shall, notwithstanding any vacancy in the Board or that it is afterwards discovered that there was a defect in the appointment of a person purporting to be a member thereof, be as valid as if no such vacancy or defect had existed.

Subject to this section, the Board shall have power to regulate its own procedure at its meetings and to appoint a Secretary of the Board and to provide for the taking and custody of minutes of the meetings of the Board.

The common seal of the Board shall be kept in the custody of the Chairman and shall not be affixed to any instrument except in the presence of the Chairman and two other members of the Board, who shall sign their names to the instrument in token of their presence and such signing shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Board.

The officers and servants of the Board shall receive out of the funds raised by the Board such remuneration and allowances as may be approved by the Minister.

Every member, officer or servant of the Board shall be deemed to be a public servant within the meaning of the Penal Code.

The Board may, out of the loan fund established under section 14, grant loans to its officers and servants for the purpose of assisting them to own, build, purchase or otherwise acquire houses for their living accommodations or those of their families; and the Board may secure such loans by imposing such terms and conditions, including the placing of the properties so acquired on mortgage to the Board, as the Minister of Finance may approve; and in the event of the officers and servants being unable to repay the loans, the Board may, subject to the discretion of the Minister of Finance, realise or otherwise dispose of the mortgage.

The Minister may, from time to time, by order permit the Board to promote a public lottery.

The Minister may, subject to this Act and of any rules made thereunder, by such order impose such conditions and limitations upon the Board in respect of the promotion and administration of any lottery thereby permitted as he may think fit.

Every order made under this section shall be published in the Gazette, as soon as practicable after the making thereof.

The Minister may at any time revoke or amend any order made under this section.

The power conferred on the Minister under subsections (3) and (5) to impose conditions and limitations upon the Board in respect of the promotion and administration of any lottery under this Act shall be exercised by the Minister with the concurrence of the Treasury. [Act 21/62, s. 4.]

the prizes offered therein;

the number of tickets or chances therein to be offered for sale and the prices and denominations of such tickets or chances;

the opening and closing dates for the sale of tickets or chances therein;

the times, places and manner at or in which the winners of prizes therein will be determined;

the conditions subject to which any tickets or chances therein will be offered for sale and in accordance with which such lottery will be conducted;

such other matters as may be prescribed.

No tickets or chances in any lottery shall be sold or distributed at any time before the expiration of a period of one month after the date of the publication of such prospectus relating thereto.

by a person authorized in writing in that behalf by the Director General of Posts and at a Post Office or through a Postal Agency established under the Post Office Act, 1947; or

by a person authorized in writing in that behalf by the Chairman of the Board and at such place or places as the Chairman of the Board may, by notification in the Gazette, specify.

Any person who sells or offers for sale or distributes or attempts to distribute or who buys or offers to buy or obtains or attempts to obtain any ticket or chance in a lottery in contravention of subsection (1) or who is found without lawful excuse in possession of any ticket or other document entitling any person to a chance in such lottery which has been bought or obtained in contravention of such subsection shall be guilty of an offence against this Act.

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the amount paid out of the said lottery as prizes;

the payment of duties under section 20;

all costs, charges and expenses incurred by the Board in the promotion and administration of the said lottery;

any sum paid into the Reserve Fund established under section 13;

such amounts in respect of the general administrative or other expenses incurred by the Board in carrying out its functions under the Act, as, subject to the approval of the Minister of Finance, it may think reasonable; and

any sums paid into the building or loan funds established under section 14, be paid into and form part of the Consolidated Fund.

There shall in each year be made, out of moneys appropriated by Parliament, payments, for the purposes hereinafter specified, of aggregate amounts equalling, taking one year with another, the amounts paid into the Consolidated Fund under subsection (1).

If the Board is dissolved, the balance of the Reserve Fund, after payment of all liabilities of the Board, shall be paid into and form part of the Consolidated Fund and subsection (2) shall apply to amounts paid into the Consolidated Fund under this subsection as they apply to amounts paid into that Fund under subsection (1).

The payments made under subsection (2) may be made for the purposes of giving aid to any public, philanthropic, charitable, religious or educational organisation, institution or body or of carrying out any philanthropic, charitable, religious or educational scheme or project or any work beneficial to the public, or for the improvement of the social condition, or for the advancement of the welfare, of the public or any class thereof. [Act 21/62, s. 5.]

The accounts of the Board shall be audited at least once in every year by an auditor appointed in that behalf by the Minister of Finance and a copy of such accounts so audited shall be submitted by the Board to the Minister of Finance who shall cause the same to be published in the Gazette.

Every such account shall be audited by the auditor appointed under section 11 (2) and a copy of such account, so audited, shall be submitted forthwith by the Board to the Minister of Finance who shall cause the same to be published in the Gazette.

Where, as a result of moneys in the Reserve Fund being deposited in any bank, the total of the amount of such moneys exceeds the amount approved by the

Each fund shall be of such amount as may be approved by the Minister of Finance, and the Board may, out of the moneys raised by each lottery, pay into each fund such sums as may be determined by the Minister.

Minister of Finance, then unless that Minister otherwise directs, such excess shall be paid into the Consolidated Fund.

Any member, officer, servant or agent of the Board acting or attempting to act in contravention of the provisions of this section shall be guilty of an offence against this Act.

Any person abetting the commission of an offence under subsection (2) shall be guilty of an offence against this Act.

sells or distributes or permits to be sold or distributed any ticket or chance in any lottery promoted by the Board otherwise than in accordance with this Act or of any rules made thereunder relating to such lottery or with the provisions of any order or prospectus relating thereto;

being an agent, officer or servant of any person fails to account to his principal for any sums received on sale or by commission or otherwise in respect of the sale or distribution of any such ticket or chance; or

with intent to deceive, makes any false entry or omits to make any entry required to be made in respect of any lottery in any book required under this Act to be kept in respect of such lottery;

shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine not exceeding five thousand ringgit, or to imprisonment for a term not exceeding two years, or to both.

prescribing anything required to be or which may be prescribed under this Act;

regulating the conduct and administration of any lottery promoted under this Act including the sale and distribution of tickets or chances, the form, printing and serial numbering of such tickets or chances, the drawing of prizes, the commission (if any) to be paid on the sale or distribution of tickets or chances;

prescribing the manner in which accounts required under this Act shall be kept and audited;

prescribing any other matter which may be necessary for the purpose of carrying this Act into effect and for the purpose of ensuring the honest and satisfactory management of any lottery promoted under this Act and the due application of all funds raised by such lottery.

Act 252

SOCIAL AND WELFARE SERVICES LOTTERIES

BOARD ACT 1950-1962

(Revised—1981)

Particulars under section 7 (ii) and (iii) of the Revision of Laws Act, 1968 (Act 1)

LIST OF AMENDMENTS

Amending law Short title In force from F.M. 64/1950 ... Social and Welfare Services Lotteries Board (Clarification) Ordinance, 1950 11-12-1950

F.M. 63/1951 ... Social and Welfare Services 31-12-1951 Lotteries Board (Amendment) Ordinance, 1951

F.M.30/1955 ... Social and Welfare Services 10-11-1955 Lotteries Board (Amendment) Ordinance,1955

L.N.113/1956 ... Minister of Finance Order, 2-4-1956 1956

F.M. 57/1956 ... Finance Ordinance, 1956 ... 7-11-1956 & 1-1-1957

L.N. 332/1958 ... Federal Constitution (Modification of Laws) (Ordinances and Proclamation) Order, 1958

Act 21/1962 ... Social and Welfare Services 1-7-1962 Lotteries Board Act,1962

Act 84/1965 ... Social and Welfare Services 9-11-1965 Lotteries Board (Amendment) Act, 1965

P.U. 300/66 ... Modification of Laws (Social and Welfare Services Lotteries Board) (Borneo States) (Extension and Modification) Order, 1966 6-7-1966

[List of Amendments]

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ACT 252

Amending law Short title In force from

P.U. (B) 324/70 ... Titles of Office—Notification 1-1-1971

Act 65 ... Gaming Tax Act, 1972 1-3-1972

Act 160 ... Malaysian Currency (Ringgit) 29-8-1975 Act,1975

LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Title

F.M. Ordinance No.9 of Social and Welfare Services Lotteries Board Ordinance, 1950.

F.M. Ordinance No. 64 of 1950 Social and Welfare Services Lotteries Board (Clarification) Ordinance, 1950.

Act No. 21 of 1962 ... Social and Welfare Services Lotteries Board Act, 1962.