Section 6(3) in Bombay Lotteries (Control and Tax) and Prize Competitions (Tax) Act, 1958
(3)If any of the conditions specified in sub-section (2) is broken, each of the promoters of the lottery, and where the person by whom the condition is broken is not one of the promoters, that person also, shall, on conviction, be punishable-(a)for the first offence with fine which may extend to one thousand rupees,(b)for the second offence with fine which may extend to one thousand rupees, and(c)for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with bothProvided that in any proceeding under this section, it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the offence was committed without his knowledge.Explanation.- For the purposes of this section-(a)the expression "private lottery" means a lottery in the State which is promoted for, and in which the sale of tickets or chances by the promoters is confined to, either(i)members of one society established and conducted for purposes not connected with gaming, wagering or lotteries, or(ii)persons all of whom work on the same premises, or(iii)persons all of whom reside on the same premises,and which is promoted by persons each of whom is a person to whom under the foregoing provisions tickets or chances may be sold by the promoters and, in the case of lottery promoted for the members of a society, is a person authorised in writing by the governing body of the society to promote the lottery; and(b)the expression "society" includes a club, institution, organisation or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society.
