Electoral Rolls Act, 2063 (2006)


Published: 2006

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Electoral Rolls Act, 2063 (2006) 1
Electoral Rolls Act, 2063 (2006)
Date of Authentications and publication :

Pausa 14, 2063 (Dec 29, 2006)
1. The Act Amending Some Election Nepal Acts, 2064 (2008) 2064.9.20

Act No. 32 of the Year 2063 (2007)
An Act Made to Amend and Consolidate Laws Relating to Electoral
Rolls
Preamble: Whereas, it is expedient to amend and consolidate the laws relating
to Electoral Rolls for the election to be held pursuant to the laws in force;
Now, therefore, be it enacted by the House of Representatives in the First Year
of the Proclamation of the House of Representatives, 2063 (2006).
Chapter -1
Preliminary
1. Short title and commencement: (1) This Act may be called as
"Electoral Rolls Act , 2063 (2006)".
(2) This Act shall come into force forthwith.
2. Definitions: Unless the subject or the context otherwise requires, in
this Act,-
(a) "Commission" means the Election Commission.
(b) "Election" means the election to the members of the Constituent
Assembly or such other election as to be held pursuant to laws,
and this expression also includes bye-election.
(c) " constituency" means any constituency prescribed by the laws in
2
force for election.
(d) "District Election Officer" means the Chief of the District Election
Office.
(e) " Enrollment Officer" means the Chief Enrollment Officer appointed
or designated pursuant to Section 4 and this expression also
includes the Enrollment Officer and Assistant Enrollment Officer.
(f) "Voter" means a voter whose name has been registered in the
Electoral Rolls pursuant to Section 5,
(g) "Electoral Rolls" means the Electoral Rolls prepared pursuant to
this Act.
(h) "Temporary Electoral Rolls" means the temporary Electoral Rolls
prepared pursuant to Section 26,
(i) "Prescribed" or "as prescribed" means prescribed or as prescribed
in this Act or the rules framed under this Act.

Chapter - 2
Voters and Electoral Rolls
3. To collect and update Electoral Rolls: (1) The Commission shall,
under its direct inspection, control, supervision and direction, carry out
the act of collection and updating of the Electoral Rolls of the voters in
the Wards of the Village Development Committees and Municipalities of
every constituency as prescribed.
(2) While collecting or updating the Electoral Rolls pursuant to
Sub-section (1), the then Electoral Rolls shall be published in the
concerned Ward of the concerned Village Development Committee or the
Municipality.
(3) While collecting or updating the Electoral Rolls pursuant to
3
Sub-section (1), the Commission shall publish a notice to that effect
pertaining to program of the same in the Nepal Gazette for the
information of the public in general.
(4) While collecting or updating the Electoral Rolls pursuant to
Sub-section (1), the Commission may fix the time in a manner that such
collection or updating shall be made at the same time or at several times
or at one time or at different times.
Provided that, while collecting or updating the Electoral Rolls of one
Village Development Committee or one particular Ward of a Municipality,
it shall be done at the same time.
4. Enrollment Officer: (1) The Commission may appoint or designate
one Chief Enrollment Officer and Enrollment Officer and Assistant
Enrollment Officer as required in each district to collect names and other
necessary details of voters, to prepare and update Electoral Rolls and
carry out all other acts as required in that respect.
(2) The Commission may depute or engage a required number of
employees of the Government of Nepal or of the bodies owned or
controlled by, or operated with the grants of, the Government of Nepal or
of the Local Bodies and teachers of community schools in the work so as
to assist the Enrollment Officer to perform of the functions as referred to
in Sub-section (1).
(3) The Commission may assign District Election Officer to
perform the functions required to be performed by the Chief Enrollment
Officer pursuant to this Act.
(4) The Office of the Enrollment Officer shall be located at the
concerned Ward of the concerned Municipality or at the Office of the
concerned Village Development Committee, as the case may be.
5. Voters: (1) The following person shall be eligible to be voters in an
4
election:
(a) Nepalese citizen;
(b) Who has completed the age of 18 years on or before the last day of
the month of Chaitra (generally13 April) of the year immediately
preceding the year in which Electoral Rolls are collected;
Provided that in the case of the Election to the Members of the
Constituent Assembly, one who has completed 18 years of age on or
before the last day of Mangsir of the year 2063 (Dec 15, 2006),
(c) Who has permanent residence in the concerned Ward of any
Village Development Committee or Municipality in any constituency.
(2) The name of a voter as referred to in Sub-section (1) shall be
included in the Electoral Rolls of the election constituency where the
voter is permanently residing, and the name of the person so included
shall be considered to be registered in the Electoral Rolls.
6. To cast vote: A person whose name has been registered in
the Electoral Rolls pursuant to Section 5 may cast a vote in election.
Provided that, any of the following voters shall not be entitled to cast vote:
(a) a person of unsound mind,
(b) a person who, having been sentenced to imprisonment pursuant to
the laws in force relating to election offences and punishment, is
serving such sentence or where a person has been sentenced to
imprisonment for a term of one year or more than one year, a
period of one year has not lapsed from the date of completion of the
service of such punishment.
7. Deemed to be residing permanently: (1) For the purposes of
clause (c) of Sub-section (1) of Section 5, a person who is habitually
residing in the concerned Ward of a Village Development Committee or a
5
Municipality shall be deemed to have permanently resided there.
(2) Notwithstanding anything contained in Sub-section (1), a
residence in any of the following situations shall also be deemed to have
resided permanently:
(a) Situation where a person, whose name is registered in the Electoral
Rolls of a Ward of a Village Development Committee or Municipality
in an constituency and who has been elected as a people's
representative, remains absent from the constituency
during his or her tenure;
(b) Situation where a person remains absent from a Ward of a Village
Development Committee or Municipality in an constituency where
his or her name has been registered, owing to trade, business,
study, teaching, governmental or nongovernmental service, medical
treatment or any other special work or reason or owing to being
detained or imprisoned according to the law.
8. Persons not be deemed as residing permanently: For the
purposes of clause (c) of Sub-section (1) of Section 5, the persons in the
following situations shall not be deemed to have resided permanently in
the concerned Ward of a Village Development Committee or Municipality
in the concerned constituency:
(a) Where a house belonging to any one is rented for the purpose of
operating any industry, trade or business or keeping an office, the
tenant of the house and his or her family on that mere ground;
(b) Employees serving in offices of governmental, semi-governmental
and non-governmental organizations, and quarters made for the
employees of such organizations, army or police barracks,
cantonments and quarters, industrial enterprises, residential
quarters for employees and workers working in such enterprises
and persons taking shelter in hospitals, clinics, nursing homes,
6
schools, colleges and hostels, orphanages, homes for elderly people,
prisons and similar other places.
9. Registration of voters of another constituency: (1) Where a
voter whose name has been registered in the Electoral Rolls of any Ward
of a Village Development Committee or Municipality of an constituency
has migrated, because of marital or other reason, to any Ward of a Village
Development Committee or Municipality in another constituency and
resided there, the name of such person may be registered in the
concerned Ward of the Village Development Committee or Municipality of
the election constituency where he or she has been so residing.
(2) While getting registered his or her name pursuant to
Sub-section (1), such person shall submit evidence proving the marriage
or migration to the Enrollment Officer.
(3) In the event of failure to submit the evidence referred to in
Sub-section (2), the name of such person shall not be registered.
10. Prohibition on registration of name in two places: Except in
the situation mentioned in Chapter 3, no person shall register or get
registered his or her name in the Electoral Rolls of the concerned Ward of
a Village Development Committee or Municipality in more than one
constituency.
11. Seeking evidence for registration of name: (1) Where it is so
required, while registering the name of a person in the Electoral Rolls
pursuant to this Act, the Enrollment Officer may ask the concerned
person or his or her family to submit the citizenship certificate, land
ownership certificate or any identity card issued by a government office,
local body, government owned organization or educational institute,
setting out his or her date of birth or age or place of his or her residence.
(2) In the event of failure to submit the evidence sought
7
pursuant to Sub-section (1), the Enrollment Officer may ask such
person to submit a recommendation of the concerned Ward of the
concerned Village Development Committee or Municipality.
(3) The name of a person who fails to submit the
recommendation referred to in Sub-section (2) shall not be registered in
the Electoral Rolls.
Provided that, nothing shall be deemed to bar the registering of
the name of a citizen of Nepal in the Electoral Rolls merely by the reason
of his or her failure to submit the Nepalese citizenship certificate.
12. Duty to register name and provide details: (1) It shall be the
duty of each Nepalese citizen who has possessed the qualification for
being a voter pursuant to this Act to get his or her name registered in the
Electoral Rolls of the concerned Ward of the Village Development
Committee or Municipality in the election constituency where he/she has
been residing permanently.
(2) It shall be the duty of the head or other members of the
concerned family to provide the details of each voter residing in each
house to the name Enumerator for the purposes of collecting the names
pursuant to this Act.
13. Publication of Electoral Rolls: The Enrollment Officer shall publish the
collected and updated Electoral Rolls pursuant to Sub-section (1) of
Section 3 in the Office of the concerned Ward of the concerned Village
Development Committee or Municipality within the time as fixed by the
Commission.
14. Application for inclusion of name: Where the name of a person is
omitted from the Electoral Rolls published pursuant to Sub-section (2) of
Section 3 or Section 13, and where such person desires to get his or her
name included therein, he or she may make an application, along with
the evidence, to the Enrollment Officer in the time as fixed by the
8
Commission.
15. Application for correction of name or details: Where there is
any error in the name or details of any voter included in the Electoral
Rolls published pursuant to Sub-section (2) of Section 3 or Section 13,
the concerned voter or any of his or her family members may make an
application to the concerned Enrollment Officer for the correction of the
same within the time as fixed by the Commission.
16. Publication of amended Electoral Rolls: Where any application
is made pursuant to Section 14 or Section 15, the Enrollment Officer
shall inquire into such application as prescribed and where he or she
finds that the name of the applicant has been omitted from the Electoral
Rolls or there is any error in the details, he or she shall prepare the
amended Electoral Rolls as prescribed by including the name of such
voter or correcting the details as prescribed and publish the same within
the time as fixed by the Commission.
17. Objection to Electoral Rolls: (1) Where any voter of the same
constituency of the concerned Ward of the Village Development
Committee or Municipality considers that the name of any person cannot
be included under this Act in the Electoral Rolls published pursuant to
Sub-section (2) of Section 3, Section 13 or Section 16, such voter may
make an application objecting thereto, accompanied by the reason for
Such objection, to the Enrollment Officer within the time as fixed by the
Commission.
(2) Where an application is received pursuant to Sub-section (1),
the Enrollment Officer may, where the matter is found reasonable upon
making inquiry into the matter as prescribed, remove the name of such
person from the Electoral Rolls.

9


18. To give information for removal of repeated name: (1) In
cases where the name of a voter has been registered in the Electoral Rolls
of the concerned Ward of the Village Development Committee or
Municipality within one or more than one election constituency, it shall
be the duty of the concerned voter to give information to the Assistant
Enrollment Officer, where it is within the concerned Ward of the Village
Development or Municipality, to the Chief Enrollment Officer of the
concerned district, where it is within the district, and to the Commission
by himself or herself or through the Enrollment Officer, where it involves
more than one district, to maintain his or her name only in the Electoral
Rolls of the Ward of the Village Development Committee or Municipality
in one constituency of his or her choice and remove his or her name from
the Electoral Rolls of the Ward of the Village Development Committee or
Municipality in another constituency.
(2) Notwithstanding anything contained in Sub-section (1),
where the name of any voter has been registered in the Electoral Rolls of
the concerned Ward of the Village Development Committee or the
Municipality within one or more than one election constituency, any voter
of the concerned Ward of the same Village Development Committee or
Municipality shall make an application as prescribed, accompanied by
the reason for the same, to the Enrollment Officer to remove the
repetition of name and maintain his or her name only in one electoral
roll.
19. Removal of repeated name: (1) Where information is given for the
removal of a name from the Electoral Rolls pursuant to Section 18, such
repeated name shall be removed by the Assistant Enrollment Officer, in
the case of repetition of name in any Village Development Committee or
10
Municipality, by the concerned Chief Enrollment Officer, in the case of
repetition of name within the district of any Village Development
Committees or Municipalities, and by the Chief Enrollment Officer
designated by the Commission,
in the case of repetition of name in the Electoral Rolls of more than one
district.
(2) Even though no application is made pursuant to Section 18,
where the Commission receives information that the name of any voter
has been repeated, the Commission may order the concerned Enrollment
Officer to maintain the name of such voter in the Electoral Rolls of the
concerned Ward of the Village Development Committee or Municipality
where he or she is permanently residing, by removing his or her name
from the Electoral Rolls of the Ward of other Village Development
Committee or Municipality; and where the Enrollment Officer himself or
herself, the name of such voter shall be removed from the Electoral Rolls
of the Ward of the Village Development Committee or Municipality, other
than the Ward of the Village Development Committee or Municipality
where he or she resides permanently, by the Assistant Enrollment
Officer, in the case of repetition of name within Wards of any Village
Development Committee or Municipality and by the concerned Chief
Enrollment Officer, in the case of repetition of name within any Village
Development Committees or Municipalities within the district.
(3) Where an application is made pursuant to Sub-section (2) of
Section 18, the Enrollment Officer shall, upon making necessary
inquiry into the matter, maintain only one by removing the repeated
name as prescribed.
(4) Where the repeated name is removed pursuant to this
Section, the Enrollment Officer shall post a notice thereof at the
concerned Ward Office of the concerned Village Development Committee
11
or Municipality.
20. Removal of name from the Electoral Rolls: (1) Where a voter
whose name is included in the Electoral Rolls dies or migrated
permanently from the concerned constituency or renounces the
citizenship of Nepalese or ceases to possess the qualification for
maintaining his or her name in the Electoral Rolls, any voter may give a
notice indicating that matter to the Enrollment Officer within the time as
fixed by the Commission.
(2) Where, while inquiring into the matter as prescribed, upon
receipt of the notice referred to in Sub-section (1), such matter appears to
be reasonable, the name of that voter shall be removed from the Electoral
Rolls, as prescribed.
(3) Even though any notice is not received pursuant to
Sub-section (1), where it appears from the records of the Local Registrar's
Office that any voter has migrated to elsewhere because of marriage or
any other reason or has died, the Enrollment Officer may remove the
name of such voter from the Electoral Rolls.
(4) Where a name is removed from the Electoral Rolls pursuant
to this Section, the Enrollment Officer shall post a notice thereof at the
concerned Ward Office of the concerned Village Development Committee
or Municipality.
21. Publication of final Electoral Rolls: (1) After completing the
process of making claim, objection, holding inquiry and making
amendment pursuant to this Chapter, the Enrollment Officer shall
prepare the final Electoral Rolls of the concerned constituency and
publish the same as prescribed within the time as fixed by the
Commission.
(2) While publishing the Electoral Rolls pursuant to Sub-section
(1), the names of one family shall, to the extent possible, be published
12
together at the same place.
(3) The Enrollment Officer shall send the final Electoral Rolls
published pursuant to Sub-section (1) to the Commission within the time
as fixed by the Commission.
22. Review of Electoral Rolls: (1) The Commission may review the final
Electoral Rolls that it has received pursuant to Sub-section (3) of Section
21 within thirty-five days after the receipt of such rolls.
(2) Where, in reviewing the final Electoral Rolls pursuant to Sub-
section (1), it appears that there is any substantial error in such Electoral
Rolls, the Commission may give necessary direction to the concerned
Enrollment Officer to correct such error; and where such direction has been
given, the concerned Enrollment Officer shall make necessary rectification
in the Electoral Rolls as per the direction.
Explanation: For the purposes of this Sub-section, "substantial error"
means such a situation as may give rise to a question about the validity
of the Electoral Rolls owing to the fact that the names of the persons
whose names have to be included in the Electoral Rolls pursuant to this
Act have not been included therein or the name of the persons whose
names have not to be included in the Electoral Rolls have been included
therein.
(3) The Electoral Rolls rectified pursuant to Sub-section
(2) shall be published, after completing the procedures as referred to
in this Act.
23. Special provision on inclusion of name: (1) Notwithstanding
anything contained elsewhere in this Act, where the name of a person
who possesses the qualification to become a voter pursuant to this Act,
and has obtained citizenship after the publication of the Electoral Rolls
pursuant to Sub-section (1) of Section 21 or Sub-section (3) of Section 22
13
is not registered in the Electoral Rolls, such person may make an
application to the Chief Enrollment Officer within the period fixed by the
Commission, for the inclusion of his or her name in the Electoral Rolls.
(2) Where an application referred to in Sub-section (1) is received,
the Chief Enrollment Officer shall make necessary inquiry into the matter
include the name of such person in the Electoral Rolls, by fulfilling the
procedures as prescribed.
24. Prohibition on making alteration or change in final
Electoral Rolls: No alteration, change or correction of any kind shall
be made in the final Electoral Rolls published pursuant to Sub-section (1)
of Section 21 other than the condition as set forth in Section 22 and 23.
25. Not to raise question in court: No question may be raised in any
court about the following matters:
(a) As to whether or not the name of any person has been registered
in, or may or may not be registered in, the Electoral Rolls of any
election constituency;
(b) As to the preparation of the Electoral Rolls by the enrollment
Officer or the authorized person deputed by him or her or the
alteration made by the concerned Official in the Electoral Rolls
pursuant to this Chapter.

Chapter-3
Special Provisions Relating to Temporary Electoral Rolls
26. Preparation of temporary Electoral Rolls: (1) Notwithstanding
anything contained elsewhere in this Act, the Commission shall cause to
be prepared separate temporary Electoral Rolls under its direct
inspection, control, supervision and direction.
14
(2) The names of the following persons shall be included in the
temporary Electoral Rolls referred to in Sub-section (1):
(a) Employees serving in government offices, local bodies
or organizations owned or controlled by the
Government of Nepal;
(b) Persons staying in army or police barracks or
combatants of Maoist army in cantonments;
(c) Prisoners or detainees in prisons;
(d) Employees and security personnel deputed in election
or polling centers.
27. Name not to be included in temporary Electoral Rolls: The
name of a person who has not possessed the qualification referred to in
Clauses (a) and (b) of Sub-section (1) of Section 5 shall not be included in
the temporary Electoral Rolls.
28. Preparation of temporary Electoral Rolls of employees serving in
government offices, local bodies or organizations owned or
controlled by Government of Nepal: (1) The Enrollment Officer shall
prepare or update, or perform all other necessary functions pertaining to,
the temporary Electoral Rolls of the employees serving in government
offices, local bodies or organizations owned or controlled by the
Government of Nepal.
(2) The names of the employees serving in government offices,
local bodies or organizations owned or controlled by the
Government of Nepal shall be included in the separate temporary
Electoral Rolls of the Ward of the Village Development Committee or
Municipality where the offices in which they are serving are situated. The
names of the persons whose names are included in the Electoral Rolls so
prepared shall be considered to be registered as temporary voters.
15
(3) The names of the employees serving in government offices,
local bodies or organizations owned or controlled by the Government of
Nepal shall be registered based on the name-lists certified by the offices
concerned.
(4) Notwithstanding anything contained elsewhere in this
Section, where the name of an employee serving in any office has been
registered, by the reason of his or her residence, in the Electoral Rolls of
the Village Development Committee or Municipality where his or her
office is situated, the name of such employee shall not be registered in
the temporary Electoral Rolls pursuant to this Section.
29. Preparation of temporary Electoral Rolls of persons staying in army
or police barracks or combatants of Maoist army in cantonments: (1)
The Enrollment Officer shall prepare or update, and perform all other
necessary functions pertaining to, the temporary Electoral Rolls of the
persons staying in army or police barracks or combatants of Maoist army
in cantonments.
(2) The names of the persons staying in army or police barracks
or combatants of Maoist army in cantonments shall be included in the
separate temporary Electoral Rolls of the Ward of the Village Development
Committee or Municipality where the army or police barracks or
cantonments are situated. The names of the persons whose names are
included in the Electoral Rolls so prepared shall be considered to be
registered as temporary voters.
(3) The names of the persons staying in army or police barracks
or combatants of Maoist army in cantonments shall be registered based
on the name-lists certified by the officials responsible for the
management of the concerned army or police barracks or cantonments.
30. Preparation of temporary Electoral Rolls of prisoners or
detainees in prisons: (1) The Enrollment Officer shall prepare or
16
update, and perform all other necessary functions pertaining to, the
temporary Electoral Rolls of the prisoners or detainees in prisons.
(2) The names of the prisoners or detainees in prisons shall be
included in the separate temporary Electoral Rolls of the Ward of the
Village Development Committee or Municipality where such are situated.
The names of the persons whose names are included in the Electoral
Rolls so prepared shall be considered to be registered as temporary
voters.
(3) The names of the prisoners or detainees in prisons shall be
registered based on the name-lists certified by the jailer of the concerned
prison.
31. Preparation of temporary Electoral Rolls of employees and
security personnel deputed in election or polling centers:
The Commission shall prepare the temporary Electoral Rolls of the
employees and security personnel deputed in election or polling centers
at the time of their deputation in polling centers and provide such rolls to
the concerned polling officers.
32. Publication of and objection to temporary Electoral Rolls:
(1) The Electoral Rolls collected pursuant to this Chapter shall be
published in such place and time as fixed by the Commission.
(2) Where the name of any person is omitted from the Electoral
Rolls published pursuant to Sub-section (1), and where such person
desires to get his or her name included therein, he or she may make an
application, along with evidence to the environment officer in such time
as fixed by the commission.
(3) Where there is any error in the name or details of any voter
included in the Electoral Rolls published pursuant to Sub-section (1), the
concerned voter or any of his or her family members may make an
17
application for the correction the same within such time as fixed by the
Commission.
(4) Where any application is made pursuant to Sub-section (2) or
(3), the Enrollment Officer shall inquire into such application as
prescribed and where he or she finds that the name of the applicant has
been omitted from the Electoral Rolls or there is any error in the details,
he or she shall prepare the amended Electoral Rolls as prescribed by
including the name of such voter or correcting the details as prescribed
and publish the same within such time as fixed by the Commission.
(5) Where any voter considers that the name of any person cannot
be included under this Chapter in the Electoral Rolls published pursuant
to Sub-section (1), such voter may make an application objecting thereto,
accompanied by the reason for such objection, to the Enrollment Officer
within such time as fixed by the Commission.
(6) Where an application is received pursuant to Sub-section
(5), the Enrollment Officer may, where the matter is found reasonable
upon making inquiry into the matter as prescribed, remove the name of
such person from the Electoral Rolls.
(7) After completing the process of making claim, objection,
holding inquires and making amendment pursuant to this Chapter, the
Enrollment Officer shall prepare the final Electoral Rolls of the concerned
constituency and publish the same as prescribed within such time as
fixed by the Commission.
(8) The Enrollment Officer shall forward the final Electoral Rolls
published pursuant to Sub-section (7) to the Commission within such
time as fixed by the Commission.
(9) The Commission may review the final Electoral Rolls that it
has received pursuant to Sub-section (8).
18
(10) The Electoral Rolls reviewed pursuant to Sub-section (9)
shall be published finally, after completing the procedures as referred to
in this Act.
(11) No alteration, change or correction of any kind shall be made
in the final Electoral Rolls published pursuant to Sub-section (10).
33. Use of temporary Electoral Rolls: (1) The temporary Electoral
Rolls prepared pursuant to this Chapter shall be used only for the
purpose of voting ♣in the election for Constituent Assembly to be held on
the basis of proportional election system.
(2) A voter who is registered in the temporary Electoral Rolls
referred to in this Chapter may, for the purpose of sub-section (1), cast
vote in such polling center as designated by the Commission.
Chapter-4
Offences and Punishment
34. Offences and punishment: (1) Where one commits any of the
following acts, one shall be deemed to have committed an offense referred
to in this Act:
(a) Getting his or her name registered in the Electoral Rolls by a
person who is not a citizen of Nepal by impersonating that he
or she is a citizen of Nepal;
(b) While collecting the necessary details in the course of the
preparation of Electoral Rolls pursuant to this Act, getting
one's name registered or making application by one for the
registration of one's name by lying one's name, surname,
address, age or other details or making objection by one by
♣ Amended by the Act Amending Some Election Nepal Acts, 2064

19
making such a lie;
(c) Intentionally inserting any matter to, over writing, correcting
any matter in the Electoral Rolls published pursuant to this
Act or otherwise defacing, tearing or spoiling such Electoral
Rolls;
(d) Intimidating, threatening or luring in any manner any
employee deputed for the preparation of Electoral Rolls or
forcefully deviating such employee from carrying out his or
her duty;
(e) Divulging secrecy of those documents or details of which
secrecy is required to be maintained.
(2) A person who commits the offense referred to in Clause (a) of
Sub-section (1) shall be punished with a fine not exceeding fifty thousand
rupees or imprisonment for a term not exceeding six months or with
both; and a person who commits any offense referred to in Clauses (b),
(c), (d) and (e) of Sub-section (1) shall be punished with a fine not
exceeding ten thousand rupees or imprisonment for a term not exceeding
one month or with both.
(3) A person who attempts to commit or aids or abets the
commission of any offense referred to in this Act shall be punished with
half the punishment to be imposed on the principal offender.
(4) Notwithstanding anything contained in the laws in force, the
Commission may, in accordance with the laws in force, take
departmental action against any Enrollment Officer, Name Enumerator
or other employee involved in election who, with ulterior motive, does not
include the name of any person required to be included pursuant to this
Act in the Electoral Rolls or includes the name of any person whose name
has not to be included or makes any alteration or correction in the final
Electoral Rolls.
20
35. Government to be a plantiff: A case to be instituted under this Act
shall be a Government case.
36. Inquiry and investigation: The concerned District Election Officer
of the concerned District shall carry out investigation and inquiry on a
related to any offense referred to in this Act.
Chapter-5
Miscellaneous
37. Not to affect matters relating to citizenship: By the reason
only that the name of any person has been included or has not been
included in the Electoral Rolls or temporary Electoral Rolls pursuant to
this Act shall have no effect on any matter pertaining to his or her
citizenship in accordance with the laws in force.
38. Not to be admissible as evidence for other purposes: The
Electoral Rolls or temporary Electoral Rolls prepared pursuant to this Act
shall not be admissible as evidence for other purposes except for the
purpose of polling and except where the laws in force contain special
provisions.
39. To certify as voter: Where a voter whose name is registered in the
Electoral Rolls of any election constituency makes an application, as
prescribed, for the certification of that matter, the Commission or the
Official authorized by the Commission shall certify the same as
prescribed.
40. To render assistance: It shall be the duty of all the concerned to
render necessary assistance as required by the Enrollment Officer while
preparing the Electoral Rolls or temporary Electoral Rolls pursuant to
this Act.

21
41. Co-operation committee: The Commission may form Co-operation
Committee consisting of representatives of political parties at the local
level to render assistance in collecting names and updating the Electoral
Rolls or temporary Electoral Rolls pursuant to this Act.
42. Power to enforce provision relating to Voter Identity Card:
(1) The commission may, by a notification in the Nepal Gazette,
make provision that the voters of a particular constituency as may be
specified in the same notification or all election constituencies have to
obtain a voter identity card to cast vote.
(2) Where provision is made pursuant to Sub-section (1), the
voters in such constituency shall produce the voter identity card to
cast vote.
(3) Other provisions relating to the voter identity card shall be as
prescribed.
43. Validity of Electoral Rolls: (1) The Electoral Rolls prepared
pursuant to the laws prevailing prior to the commencement of this Act
may be taken as the basis pending the preparation of Electoral Rolls in
accordance with this Act.
(2) Notwithstanding anything contained elsewhere in this Act,
the Electoral Rolls collected or updated after the commencement of this
Act shall be valid for the purposes of any election to be held pursuant to
the laws in force.
44. Power to frame rules: The Commission may frame necessary Rules
in order to carry out the objective of this Act.
45. Power to prepare Manuals: The Commission may prepare and
enforce Manuals, as required, subject to this Act and Rules framed under
this Act.
22
46. Power to issue Orders: (1) The Commission may issue Orders, as
required, for the implementation of this Act and the Rules and Manuals
made under this Act.
(2) It shall be the duty of all the concerned to abide by the
Orders issued pursuant to Sub-section (1).
47. Repeal and saving: (1) The Act relating to Electoral Rolls, 2052 (1995)
is, hereby, repealed.
(2) All acts and actions done and taken under the Act relating to
Electoral Rolls, 2052 (1995) shall be deemed to have been done and taken
under this Act.