Justice permanent secretary Charan Phakdithanakul is hoping to take legal action against those behind the launch of the government's two- and three-digit lotteries.

"All who were involved in the launch must be held responsible. They should face criminal proceedings," said Charan.

Last week, the Council of State ruled that the government's two- and three-digit lotteries ran counter to the Government Lottery Office Act of 1974.

The government's two- and three-digit lottery operations are currently suspended for one month, pending legal amendments to the act.

Charan yesterday said those behind incorrect tax payments for the government's two- and three-digit lotteries should also face criminal and civil proceedings.

He said the Government Lottery Office (GLO) had paid tax on its ticket sales for the government's two- and three-digit lotteries at the rate of 0.5 per cent, which is applicable to its normal lottery tickets. But in fact, the GLO must pay tax at the rate of 10 per cent of the sales of the government's two- and three-digit lotteries.

Charan called on the government to take a clear stance on the lotteries. "If the government doesn't want money from activities that mislead people, then it should hold the lottery draw only once a month," he said.

He suggested the draw take place on the 20th day of each month instead of the first day, when people usually have more money to buy lottery tickets, since salaries are mostly paid at the end of the month.

On how to counter the underground lottery, Charan said the government should increase the prize money, to ensure that its prizes were higher than those offered by the underground lottery. He said the government must also take serious action against anyone involved in illegal gambling.

In a related development, Somkiat Rittichok - who represents agents selling the government's two- and three-digit lottery tickets in Samut Prakan's Bang Phli district - called on acting GLO director Wanchai Surakul to express concern about the suspension of the government's lottery draws.

The suspension will affect the December 1 and December 16 draws.

"I'm going to lose about Bt20,000 from this one-month suspension," said Somkiat.

He said more than 400,000 agents were also becoming increasingly worried that the government might not be able to resume the lottery on January 1, because the process to amend the law seemed complicated.

Somkiat urged the government to consider allowing the government's two- and three-digit lottery to operate as usual during the amendment process.

Wanchai said he would forward the agents' complaint to Deputy Prime Minister and Finance Minister MR Pridiyathorn Devakula.

A Government House source said Pridiyathorn would today ask the Cabinet to approve the draft amendment to the Government Lottery Office Act of 1974.

The source said the Cabinet would also be asked to annul the Cabinet resolution that started the government's two- and three-digit lotteries.

The Thaksin Shinawatra administration passed the controversial resolution three years ago.

Prime Minister Surayud Chulanont yesterday said he would consult with his Cabinet today regarding changes to the lottery. He said any decision would be based on principles of law, morality and virtue.