TMI Blog1994 (4) TMI 394X X X X Extracts X X X X X X X X Extracts X X X X ..... Nadu. Private Lotteries of any kind are not authorised to be sold within the State of Tamil Nadu. 2. The order clearly implies if it did not, it would have required the order to be read down to mean that prohibition does not extend to the sale of lottery tickets of lotteries 'organised' by other States. This is the implication arising out of a proper construction of Entry 40 of List I and Entry 34 of List 11 of the Seventh Schedule. The said Entry 34 of List II provides Betting and Gambling . Entry 40 of List I provides Lotteries organised by the Government of India or the Government of a State . 3. In the present case we have examined, prima facie, whether the lottery claimed to have been 'organised' by the State of Sikkim can be said to be a lottery 'organised' by the State of Sikkim and not merely authorised by it authorising the so-called 'Agents' themselves to organise the lottery. We have examined this in the context of the question whether the earlier interim order granted by this Court should continue or not till the final disposal of the main cases. Prima facie, it appears to us that the concept of a lottery 'organised' by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y any third party or for any loss sustained by him through any operation undertaken in the interest of fire conservancy. This clause clearly shows that the agent becomes personally liable to bear the loss which, under the normal rules of agency, the principal would have to bear. We have not thought it necessary to refer to all the clauses in detail because we are satisfied that even if the agreement is broadly considered, it leaves no room for doubt that the person appointed under the agreement to work the monopoly of the State is not an agent in the strict and narrow sense of the terms contemplated by Article 19(6)(ii). The agent appointed under this agreement seems to carry on the trade substantially on his own account, subject, of course, to the payment of the amount specified in the contract. If he makes any profit after complying with the said terms, the profit is his; if he incurs any loss owing to circumstances specified in clause 6, the loss is his. In terms, he is not made accountable to the State Government; and in terms, the State Government is not responsible for his actions. In such a case, it is impossible to hold that the agreement 'in question is consistent with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Mizoram, Nagaland, Arunachal Pradesh, Goa and Kerala are more or less similar. All interim and interlocutory orders of stay granted in favour of the States of Sikkim, Mizoram, Nagaland, Arunachal Pradesh, Goa and Kerala shall stand vacated. However, in order that the rights of the purchasers of tickets already sold in respect of the next draw are not affected, the earlier order of stay shall continue to operate till 5-5-1994. MADHYA PRADESH MATTERS O.S. No. 1 of 1993 and Writ Petition (C) No. 356 of 1993 9. The stay prayed for is refused. 10. We are prima facie of the view that the extant lottery scheme of Mizoram does not satisfy the requirements indicated in the order made today in Tamil Nadu matters. If, however, a revised scheme which conforms to the minimal requirements which render the scheme eligible to be recognised as one organised by the State, the State may move for appropriate protection of the right to sell the tickets in the State of Madhya Pradesh. With these observations and liberty so reserved, the stay application is dismissed. Writ Petition (C) No. 356 of 1993 11. Petitioner claims to be an agent who is dealing with lottery tickets of lotteries or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the representation is submitted. 13. Shri S.K. Agnihotri, learned standing counsel for the State of Madhya Pradesh states that the Director of Lotteries in the State will be the authority who will examine and dispose of the representation. This submission is placed on record. BIHAR MATTERS Civil Appeal Nos. 2144-47 of 1994 14. We have heard Shri M.L. Verma, learned Senior Counsel for the State of Bihar and Shri Gopal Subramaniam, learned Senior Counsel for the respondents. 15. Before the High Court the respondents assailed the constitutional validity of the Bihar Ban on Lottery Ordinance, 1993, which sought to prohibit the sale of lottery tickets in the State of Bihar. The preamble of the Act reads as under: Whereas detrimental impact of the lottery business has been noted on social and economic condition of people particularly on the poorer section of the society; And whereas there has been a serious adverse effect on public order on account of the said lottery business; And whereas in view of the above it is intended to stop all the lotteries in the State; And whereas the State Legislature is not in session and the Governor of Bihar is satisfied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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