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Section 28: Corrupt practices

The Chhattisgarh Municipalities Act 1961State Act of Chhattisgarh · Act 37 of 1961

The following shall be deemed to be corrupt practices for the purpose of this Act:-

(i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);

(ii) Undue influence as defined in clause (2) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);

(iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols, or the use of or appeal to, national symbol, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.

(iv) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believers to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.

(v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of the candidate or his election agent for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

Provided that hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:

Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this Clause.

Explanation -- In this clause the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicle or otherwise.

(vi) The holding of any meeting in which intoxicating liquors are served.

(vii) The issuing of any circular, placard or poster having a reference to the election or selection which does not bear the name and address of the printer and publisher thereof.

(vii-a) the incurring of authorising of expenditure in contravention of Section 32-A.

The Madhya Pradesh* Municipalities Act, 1961 14 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

(viii) Any other practice which the State Government may prescribe by rules to be a corrupt practice.

29. Determination of number and extent of wards and conduct of elections

(1) The State Government shall from time to time, by notification in the official gazette, determine the number and extent of wards to be constituted for each Municipality:

Provided that the total number of wards shall not be more than forty and not less than fifteen.

(2) Only one Councillor shall be elected from each ward.

(3) The formation of the wards shall be made in such a way that the population of each of the wards shall, so far as practicable be the same throughout the Municipal Area and the area included in the ward is compact.

(4) As soon as the formation of wards of a municipality is completed the same shall be reported by the State Government to the State Election Commission.

(5) Omitted

(6) Omitted.

29-A. Reservation of Wards

(1) Out of the total number of wards determined under sub-section (1) of Section 29, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipality as bears as may be, the same proportion to the total number of seats to be filled by direct election in the Municipality as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, is most concentrated.

(2) As nearly as possible twenty five percent of the total number of wards shall be reserved for other backward classes in such Municipalities where fifty percent or less seats are reserved for Scheduled Castes and Scheduled Tribes, and such seats shall be allotted by rotation to different wards in such manner as may be prescribed:

Provided that if from any ward so reserved, no nomination paper is field for election, as a Councillor by any member of the other backward Classes then the Collector shall be competent to declare it as unreserved.

(3) Not less than one-third of the total number of seats reserved under sub-section (1) and (2) shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or other backward classes, as the case may be,

(4) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and other backward classes) of the total number of seats to be filled by direct election in every municipality shall be reserved for women and such seats shall be allotted by rotation to different wards in a Municipality in such manner as may be prescribed.

(5) The reservation of seats under sub-section (1), (2) and (3) shall cease to have effect on the expiration of the period specified in the Article 334 of the Constitution of India.

Explanation: In this section ‘other backward classes’ means category of persons belonging to backward classes as notified by the State Government.29-B Reservation of the office of President of the Council.-

(1) Out of the total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, in the State, such number of offices of Presidents shall be The Madhya Pradesh* Municipalities Act, 1961 15 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। reserved for Scheduled Castes and Scheduled Tribes as shall bear the same proportion, as nearly as possible, as the population of each of these categories within the limits of all the Municipal Councils and Nagar Panchayats, as the case may be, in the State bears to the total population.

(2) As nearly as possible twenty five percent of the total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, shall be reserved for Other Backward Classes.

(3) As nearly as possible twenty five percent of the total number of offices of Presidents reserved under sub-sections (1) and (2) shall be reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes, as the case may be.

(4) As nearly as possible one-third(including the number of offices reserved for women belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the total number of offices shall be reserved for women.

(5) The aforesaid reservation shall be made in such manner as may be prescribed.

(6) The reservation of offices of President under sub-section (1),(2) and (3) shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution of India.

Explanation: In this section and in Section 29-A the expression ‘Scheduled Castes, Scheduled Tribes and Other Backward Classes shall have the same meaning as assigned to them in the Madhya Pradesh* Lok Seva (Ansuchit Jatiyon, Ansuchit Janjatiyon Aur Anya Vargon Ke Liye Arakshan) Adhiniyam, 1994 (No.21 of 1994).

Where this provision sits

ActThe Chhattisgarh Municipalities Act 1961
Section28
Marginal noteCorrupt practices
JurisdictionState of Chhattisgarh
StatusIn force as published by the source

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