THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1996
ACT NO. 21 OF 1996
[1st August, 1996.]
BE it enacted by Parliament in the Forty-seventh Year of
the
Republic of India as follows:-
An Act further to amend the Representation of the People Act, 1950
and
the Representation of the People Act, 1951.
CHAP
PRILIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and commencement.
1. Short title and commencement. (1) This Act may be called the
Representation of the People (Amendment) Act, 1996.
(2) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette, appoint.
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CHAP
AMENDMENT OF THE REPRESENTATION OF THE PEOPLE
CHAPTER II
AMENDMENT OF THE REPRESENTATION OF THE PEOPLE
2.
Amendment of section 32.
2. Amendment of section 32. In the Representation of the People
Act, 1950, in section 32, in sub-section (1), for the words "with fine
which may extend to five hundred rupees', the words "with imprisonment
for a term which shall not be less than three months but which may
extend to two years and with fine" shall be substituted.
CHAP
AMENDMENT OF THE REPRESENTATION OF THE PEOPLE ACT, 1951
CHAPTER III
AMENDMENT OF THE REPRESENTATION OF THE PEOPLE ACT, 1951
3.
Amendment of section 8.
3. Amendment of section 8. In the Representation of the People
Act, 1951 ( 43 of 1951) (hereafter in this Chapter referred to as the
1951-Act), in section 8, in sub-section (1),-
(a) in clause (j), the word "or" shall be added at the
end;
(b) after clause (j), the following clause shall be
inserted, namely:-
"(k) section 2 (offence of insulting the Indian National
Flag or the Constitution of India) or section 3 (offence
of preventing singing of National Anthem) of the
Prevention of Insults to National Honour Act, 1971; ".
(69 of 1971).
4.
Insertion of new section 20B.
4. Insertion of new section 20B. After section 20A of the 1951-
Act, the following section shall be inserted, namely:-
20B.
Observers.
20B. Observers. (1) The Election Commission may nominate an
Observer who shall be an officer of Government to watch the conduct of
election or elections in a constituency or a group of constituencies
and to perform such other functions as may be entrusted to him by the
Election Commission.
(2) The Observer nominated under subsection (1) shall have the
power to direct the returning officer for the constituency or for any
of the constituencies for which he has been nominated, to stop the
counting of votes at any time before the declaration of the result or
not to declare the result if in the opinion of the Observer booth
capturing has taken place at a large number of polling stations or at
places fixed for the poll or counting of votes or any ballot papers
used at a polling station or at a place fixed for the poll are
unlawfully taken out of the custody of the returning officer or are
accidentally or intentionally destroyed or lost or are damaged or
tampered with to such an extent that the result of the poll at that
polling station or place cannot be ascertained.
(3) Where an Observer has directed the returning officer under
this section to stop counting of votes or not to declare the result,
the Observer shall forthwith report the matter to the Election
Commission and thereupon the Election Commission shall, after taking
all material circumstances into account, issue appropriate directions
under section 58 A or section 64A or section 66.
Explanation. - For the purposes of sub-section (2) and subsection
(3), "Observer" shall include a Regional Commissioner or any such
officer of the Election Commission as has been assigned under this
section the duty of watching the conduct of election or elections in a
constituency or group of constituencies by the Commission.".
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5.
Amendment of section 30.
5. Amendment of section 30. In section 30 of the 1951-Act, in
clause (d), for the words "twentieth day," the words "fourteenth day"
shall be substituted.
6.
Amendment of section 33.
6. Amendment of section 33. In section 33 of the 1951 Act, -
(a) in sub-section (1), for the provisos, the following provisos
shall be substituted, namely:-
"Provided that a candidate not set up by a recognised political
party, shall not be deemed to be duly nominated for election from a
constituency unless the nomination paper is subscribed by ten
proposers being electors of the constituency:
Provided further that no nomination paper shall be delivered to
the returning officer on a day which is a public holiday:
Provided also that in the case of a local authorities'
constituency, graduates' constituency or teachers' constituency, the
reference to "an elector of the constituency as proposer" shall be
construed as a reference to ten per cent. of the electors of the con-
stituency or ten such electors, whichever is less, as proposers";
(b) after sub-section (6), the following sub-section shall be
inserted, namely:-
(7) Notwithstanding anything contained in sub-section (6) or in
any other provisions of this Act, a person shall not be nominated as a
candidate for election,-
(a) in the case of a general election to the House of the People
(whether or not held simultaneously from all Parliamentary
constituencies), from more than two Parliamentary constituencies;
(b) in the case of a general election to the Legislative
Assembly of a State (whether or not held simultaneously from all
Assembly constituencies), from more than two Assembly constituencies
in that State;
(c) in the case of a biennial election to the Legislative
Council of a State having such Council, from' more than two Council
constituencies in the State;
(d) in the case of a biennial election to the Council of States
for filling two or more seats allotted to a State, for filling more
than two such seats;
(e) in the case of bye-elections to the House of the People from
two or more Parliamentary constituencies which are held
simultaneously, from more than two such Parliamentary constituencies;
(f) in the case of bye-elections to the Legislative Assembly of
a State from two or more Assembly constituencies which are held
simultaneously, from more than two such Assembly constituencies;
(g) in the case of bye-elections to the Council of States for
filling two or more seats allotted to a State, which are held
simultaneously, for filling more than two such seats;
(h) in the case of bye-elections to the Legislative Council of a
State having such Council from two or more Council constituencies
which are held simultaneously, from more than two such Council
constituencies.
Explanation.-For the purposes of this sub-section, two or more
bye-elections shall be deemed to be held simultaneously where the
notification calling such bye-elections are issued,by the Election
Commission under section 147, 149, 150 or, as the case may be, 151 on
the same date.
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7.
Amendment of section 34.
7. Amendment of section 34. In section 34 of the 1951 Act, for
sub-section (1), the following subsection shall be substituted
namely:-
(1) A candidate shall not be deemed to be duly nominated for
election from a constituency unless he deposits or causes to be
deposited,-
(a) in the case of an election from a Parliamentary
constituency, a sum of ten thousand rupees or where the candidate is a
member of a Scheduled Caste or Scheduled Tribe, a sum of five thousand
rupees; and
(b) in the case of an election from an Assembly or Council
constituency, a sum. of five thousand rupees or where the candidate is
a member of a Scheduled Caste or Scheduled Tribe, a sum of two
thousand five hundred rupees:
Provided that where a candidate has been nominated by more than
one nomination paper for election in the same constituency, not more
than one deposit shall be required of him under this sub- section.
8.
Amendment of section 38.
8. Amendment of section 38. In section 38 of the 1951-Act, for
sub-section (2) , the following sub-sections shall be substituted,
namely:-
(2) for the purpose of listing the names under sub-section (1),
the candidates shall be classified as follows, namely:-
(i) candidates of recognised political parties;
(ii) candidates of registered political parties other
than those mentioned in clause (i);
(iii) other candidates.
(3) The categories mentioned in sub-section (2) shall be
arranged in the order specified therein and the names of candidates in
each category shall be arranged in alphabetical order and the
addresses of the contesting candidates as given in the nomination
papers together with such other particulars as may be prescribed.
9.
Substitution of new section for section 52.
9. Substitution of new section for section 52. Death of
candidate of recognised political party before poll. For section 52
of the 1951-Act, the following section shall be substituted namely:-
52.
Death of candidate of recognised political party before poll.
"52.Death of candidate of recognised political party before poll.
(1) If a candidate set up by a recognised political party,-
(a) dies at any time after 11.00 A.M. on the last date for
making nominations and his nomination is found valid on scrutiny under
section 36; or
(b) whose nomination has been found valid on scrutiny under
section 36 and who has not withdrawn his candidature under section 37
dies,
and in either case, a report of his death is received at any time
before the publication of the list of contesting candidates under
section 38; or
(c) dies as a contesting candidate and a report of his death is
received before the commencement of the poll,
the returning officer shall, upon being satisfied about the fact
of the death of the candidate, by order, announce an adjournment of
the poll to a date to be notified later and report the fact to the
Election Commission and also to the appropriate authority:
Provided that no order for adjourning a poll should be made in a
case referred to in clause (a) except after the scrutiny of all the
nominations including the nomination of the deceased candidate.
(2) The 'Election Commission shall, on receipt of a report from
the returning officer -under sub-section (1), call upon the recognised
political party, whose candidate has died, to nominate another
candidate for the said poll within seven days of issue such notice to
such recognised political party and the provisions of sections 30 to
37 shall, so far as may be, apply in relation to such nomination as
they would apply to other nominations:
Provided that no person who has given a notice of withdrawal of
his candidature under sub-section (1) of section 37 before the
adjournment of the poll shall be ineligible for being nominated as a
candidate for the election after such adjournment.
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(3) Where a list of contesting, candidates had been published
under section 38 before the adjournment of the poll under sub-section
(1), the returning officer shall again prepare and publish a fresh
list of contesting candidates under that section so as to include the
name of the candidate who has been validly nominated under sub-section
(2).
Explanation. -For the purposes of this section, sections 33 and
38, "recognised political party" means a political party recognised by
the Election Commission under the Election Symbols (Reservation and
Allotment) Order, 1968.
10.
Substitution of new section for section 126.
10. Substitution of new section for section 126. For section 126
of the 1951-Act, the following section shall be substituted, namely:-
126
Prohibition of public meetings during period of forty-eight hours ending
with four fixed for conclusion of poll.
'126 Prohibition of public meetings during period of forty-eight
hours ending with four fixed for conclusion of poll. (1) No person
shall-
(a) convene, hold, attend, join or address any public meeting or
procession in connection with an election; or
(b) display to the public any election matter by means of
cinematograph, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or
by arranging the holding of, any musical concert or any theatrical
performance or any other entertainment or amusement with a view to
attracting the members of the public thereto,
in any polling area during the period of forty-eight hours ending with
the hour fixed for the conclusion of the poll for any election in that
polling area.
(2) Any person who contravenes the provisions of sub-section (1)
shall be punishable with imprisonment for a term which may extend to
two years, or with fine, or with both.
(3) In this section, the expression "election matter" means any
matter intended or calculated to influence or affect the result of an
election.'.
11.
Amendment of section 127.
11. Amendment of section 127. In section 127 of the 1951-Act,-
(a) in sub-section (1), for the words "three months or with fine
which may extend to one thousand rupees", the words "six months or
with fine which may extend to two thousand rupees" shall be
substituted;
(b) after sub-section (1), the following sub-section shall be
inserted, namely: -
" (1A) An offence punishable under sub-section (1) shall be
cognizable.".
12.
Substitution of new section for section 133.
12. Substitution of new section for section 133. For section 133
of the 1951-Act, the following section shall be substituted,namely:-
133.
Penalty for illegal hiring or procuring of conveyance at election.
"133. Penalty for illegal hiring or procuring of conveyance at
election. If any person is guilty of any such corrupt practice as is
specified in clause (5) of section 123 at or in connection with an
election, he shall be punishable with imprisonment which may extend to
three months and with fine."
13.
Insertion of new section 134B.
13. Insertion of new section 134B. After section 134A of the
1951-Act, the following section shall be inserted, namely:-
134B
Prohibition of going armed to or near a polling station.
" 134B. Prohibition of going armed to or near a polling station.
(1) No person, other than the returning officer, the presiding
officer, any police officer and any other person appointed to maintain
peace and order, at a polling station who is on duty at the polling
station, shall, on a polling day, go armed with arms, as defined in
the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood
of a polling station.
(2) If any person contravenes the provisions of sub-section (1),
he shall be punishable with imprisonment for a term which may extend
to two years, or with fine, or with both.
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(3) Notwithstanding anything contained in the Arms Act, 1959 (54
of 1959), where a person is convicted of an offence under this
section, the arms as defined in the said Act found in his possession
shall be liable to confirmation and the licence granted in relation to
such arms shall be deemed to have been revoked under section 17 of
that Act.
(4) An offence punishable under sub-section (2) shall be
cognizable.
14.
Amendment of section 135.
14. Amendment of section 135. In section 135 of the 1951 -Act,
in sub-section (1), for the word "fraudulently", the word
"unauthorisedly" shall be substituted.
15.
Amendment of section 135A.
15. Amendment of section 135 A. Section 135A of the 1951-Act
shall be renumbered as sub-section (1) thereof and,-
(i) in sub-section (1) as so renumbered,-
(a) for the portion beginning with the words "shall
not be less than six months" and ending with the words
"extend to three years and with fine' the following shall be
substituted, namely:-
"shall not be less than one year but which may extend
to three years and with fine, and where such offence is
committed by a person in the service of the Government, he
shall be punishable with imprisonment for a term which shall
not be less than three years but which may extend to five
years and with fine;
(b) in the Explanation, -
(A) for the words "this section", occurring in the
opening portion, the words, figures and letter "this sub-
section and section 20B" shall be substituted;
(B) in clause (b), for the words "prevent others from
voting", the words prevent others from free exercise of their
right to vote' shall be substituted;
(C) in clause (c), for the word "threatening', the
words "coercing or intimidating or threatening directly or
indirectly", shall be substituted,
(ii) after sub-section (1) as so renumbered and the
Explanation thereto, the following sub-section shall be
inserted, namely:-
"(2) An offence punishable under sub-section (1), shall be
cognizable.".
16.
Insertion of new sections 135 B and 135 C.
16. Insertion of new sections 135 B and 135 C. After section
135A of the 1951-Act, the following sections shall be inserted,
namely:-
135B
Grant of paid holiday to employees on the day of poll.
"135B. Grant of paid holiday to employees on the
day of poll. (1) Every person employed in any business,
trade, industrial undertaking or any other establishment and
entitled to vote at an election to the House of the People or
the Legislative Assembly of a State shall, on the day of
poll, be granted a holiday.
(2) No deduction or abatement of the wages of any such person
shall be made on account of a holiday having been granted in
accordance with sub-section (1) and if such person is employed on the
basis that he would not ordinarily receive wages for such a day, he
shall nonetheless be paid for such day the wages he would have drawn
had not a holiday been granted to him on that day.
(3) If an employer contravenes the provisions of sub-section (1)
or sub-section (2), then such employer shall be punishable with fine
which may extend to five hundred rupees.
(4) This section shall no apply to any elector whose absence may
cause danger or substantial loss in respect of the employment in which
he is engaged.
135C
Liquor not to be sold given or distributed on polling day.
135C. Liquor not to be sold given or distributed on polling day.
(1) No spirituous, fermented or intoxicating liquors or other
substances of a like nature shall be sold, given or distributed at a
hotel, eating house, tavern, shop or any other place, public or
private, within a polling area during the period of forty-eight hours
ending with the hour fixed for the conclusion of the poll for any
election in that polling area.
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(2) Any person who contravenes the provisions of sub-section
(1), shall be punishable with imprisonment for a term which may extend
to six months, or with fine, which may extend to two thousand rupees,
or with both.
(3) Where a person is convicted of an offence under this
section, the spirituous, fermented or intoxicating liquors or other
substances of a like nature found in this possession shall be liable
to confiscation and the same shall be disposed of in such manner as
may be prescribed.".
17.
Insertion of new section 151A.
17. Insertion of new section 151A. After section 151 of the
1951-Act, the following section shall be inserted, namely:-
151A
Time limit for filling vacancies referred to in sections 147, 149, 150 and 151.
151A. Time limit for filling vacancies referred to in
sections 147, 149, 150 and 151. Notwithstanding anything
contained in section 147, section 149, section 150 and
section 151, a bye-election for filling any vacancy referred
to in any of the said sections shall be held within a period
of six months from the date of the occurrence of the vacancy:
Provided that nothing contained in this section shall apply
if-
(a) the remainder of the term of a member in relation
to a vacancy is less than one year; or
(b) The Election Commission in consultation with the
Central Government certifies that it is difficult to hold the
bye-election within the said period.".
K. L. MOHANPURIA,
Secy. to the Govt. of India.
