PRIZE COMPETITIONS ACT

Arrangement of Sections

1. Short title.

2. Tax on prize competitions.

3. Licence required for prize competition other than a school magazine competition.

4. School magazine competition to be subject to certain conditions.

5. Minister to issue licences.

6. Power of Secretary applicants to furnish information documents.

7. Fees for licences.

8. Description of licences.

9. Applications for licences.

10. Conditions to which all licences are subject.

11. Special conditions to which society and commercial prize competition licences are subject.

12. Special conditions to which newspaper prize competition licences are subject.

13. Disposal of unclaimed prizes in licensed prize competitions.

14. Persons who are deemed to promote or conduct prize competitions.

15. Authorised representative behalf of licensee.

16. Prohibition of participation in foreign prize competition.

17. Offences.

18. Punishment for offences under this Act.

19. Forfeiture of money and disposal of productions before court.

20. Search warrants.

21. Proof of licence by production of certified copy.

22. Affixing of facsimile of signature to licence.

23. Offences to be cognizable offences.

24. Interpretation.

37 of 1957,

51 of 1968.

AN ACT to control the promotion or conduct of Prize Competitions in Sri Lanka and to prohibit persons in Sri Lanka from participating in Prize Competitions promoted or conducted outside Sri Lanka.

[Date of Commencement: 4th October, 1957]

1. Short title.

This Act may be cited as the Prize Competitions Act.

2. Tax on prize competitions.

(1) Parliament may, by resolution, impose a tax on the proceeds of every prize competition other than a school magazine competition. Such tax may be at different rates in respect of prize competitions of different descriptions.

(2) A tax at the rate of twenty per centum of the total value of the prizes offered in kind, cash or services shall be paid in respect of every commercial prize competition promoted or conducted by a trading company.

[S 2(2) ins by s 2 of Act 51 of 1968.]

(3) Any sum payable under this Act as tax in respect of any prize competition shall be paid by the promoter of such competition to a kachcheri within a period of thirty days reckoned from the date of the closure of entries in such competition.

[S 2(2) renumbered as s 2(3) by s 2 of Act 51 of 1968.]

(4) If the promoter of any prize competition makes default in the payment of any sum which he is liable to pay as tax under this Act in respect of such competition, such sum may be recovered in like manner as though it were a debt due from him to the State,

[S 2(3) renumbered as s 2(4) by s 2 of Act 51 of 1968.]

3. Licence required for prize competition other than a school magazine competition.

Except under the authority of a licence, no person shall promote or conduct any prize competition in Sri Lanka other than a school magazine competition.

4. School magazine competition to be subject to certain conditions.

(1) Every school magazine competition shall be subject to the following Conditions—

(a) entries in the competition shall be made only by means of entry forms printed or published in the school magazine in or through which the competition is promoted or conducted;

(b) the following amounts may be deducted from the proceeds of the competition—

(i) as expenses of the competition an amount equal to the actual cost of printing and publishing such magazine;

(ii) an amount equal to the total value of such money prizes in the competition as are provided out of the proceeds of the competition; and

(iii) an amount equal to the total actual cost or value of such other prizes in the competition as have not been donated by any person for the purposes of the competition.

(2) The total value of the prizes awarded in each or all of the school magazine competitions promoted or conducted in any school in each of the three school terms of any year shall not exceed two hundred and fifty rupees.

(3) The proceeds of every school magazine competition, less the deductions permitted by paragraph (b) of subsection (1), shall be applied for the benefit of the school.

5. Minister to issue licences.

(1) Licences to promote or conduct prize competitions in Sri Lanka may, in accordance with the provisions of this Act, be issued by the Minister in his discretion after consultation with the Inspector-General of Police.

(2) The decision of the Minister to issue or to refuse to issue a licence to any applicant shall be final and conclusive and shall not be called in question in any court.

6. Power of Secretary applicants to furnish information documents.

The Secretary may direct the applicant for a licence to furnish all such information and documents as the Secretary may deem necessary for the purpose of enabling the Minister to dispose of the application, and if the applicant fails to comply with such direction, the Minister may refuse to issue a licence to the applicant.

7. Fees for licences.

(1) No licence shall be issued to any person except upon payment of such one of the prescribed fees as may be appropriate to the case. The fee for a licence shall be paid to a kachcheri and the receipt issued in respect of the payment shall be transmitted to the Secretary by the applicant for the licence.

(2) In subsection (1) the expression "prescribed” means prescribed by the Minister by Notification published in the Gazette.

8. Description of licences.

(1) A licence shall be of one of the following descriptions—

(a) a society prize competition licence;

(b) a newspaper prize competition licence; or

(c) a commercial prize competition licence.

(2) A society prize competition licence—

(a) may be issued only to a society, and

(b) shall authorise the society to which the licence is issued to promote or conduct in the manner specified in the licence the prize competition or each of the prize competitions so specified.

(3) A newspaper prize competition licence—

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