REGISTERED No. D(DN)127/88 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 1J NEW DELHI, FRIDAY, JANUARY 6, 1989/PAUSA 16, 1910 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 6th January, 1989/Pausa 16, 1910 (Saka) The following Act of Parliament received the assent of the President on the 5th January, 1989, and is hereby published for general information:— THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 1988 No. 1 OF 1989 [5th January, 1989] An Act further to amend the Representation of the People Act, 1950 and the Representation or the People Act, 1951. BE it enacted by Parliament in the Thirty-ninth Year of the Republic or India as follows: —
CHAPTER I PRELIMINARY
1. (1) This Act may be called the Representation of the People (Amendment) Act, 1988.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ( 1 Short title and commencement. -> THE GAZETTE OF TNDIA EXTRAORDINARY LPARI II— Amendment of Act 43 of 1950. Chief Electoral Officers, District Election Officers, eta., deemed to be on deputation to Election Commission. Amendment of section 2. Amend, ment of section 8.
CHAPTER II AMENDMENT OP THE ̂ REPRESENTATION OF THE PEOPLE ACT, 1950
2. In Part IIA of the Representation of the People Act, 1950, after seciion llfi^thc^followuxg section sh ill be inserted, namely: — "13€£X %he officers referred to in this Part and any other officer or staff'employe.! In connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections ohall be Jc mej to be on deputation to the Election Commission for the period during whicn they are so employ id and such officers and stJff -L II I-jr'ng that period, be subject io the control, superintendence arH UsvipliT3 of the E!°cti' n Commission ''
CHAPTER III AMENDMENTS OF THE RrpRESENTATioN CF THE PEOPLE ACT, 1951 3- In section 2 of the Representation of the People Act, 1951 (hereafter in th s Chapter referred to as the principal Act), after clause (e), the following clause shall be inserted, namely: — ' CD "political party" means an association or a body of individual citizens oi India registered with the Election Commission as a political'party under section 29A;'.
4. In section 8 of the principal Act,—
(a) for sub-sections (/) and (?), the following sub-sections shall be substituted, namely: — ' (2) A person convicted of an offence punishable under—
(a) section 153A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or section 171E (offence of bribery) or section 171F (offence of undue Influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code; or
(b) the Protect:on of Civil Rights Act, 1955 which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or 43 of 1951. 45 of 1860 22 of 1955 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 52 of 1962. 37 of 1967. 46 of 1973. 61 Of 1985. 28 of 1987. 41 of 1088 28 of 1961. 3 of 1988.
(c) section 11 (offence of importing or exporting .prohibited goods) of the C "" ~ct, 1962; or
(d) sections 10 ><• ^fence of being a member of an association declared u- iul, offence relating to dealing with funds of an unlawful association, offence relating to contraven+ion of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967; or
(e) the Foreign Exchange (Regulation) Act, 1973; or
(f) the Narcotic Drugs and Psyehotropic Substances Act, 1985; or
(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987; or
(h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institution (Prevention of Misuse) Act, 1988; or
(i) section 125 (offence of promoting enmity between classes in connection with the election) or section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of booth capturing) or clause (a) of sub- section
(2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act, shall be disqualified for a period of six years from the date of such conviction.
(2) A person convicted for the contravention of—
(a) any law providing for the prevention of hoarding or profiteering; or
(b) any law relating to the adulteration of fo.od or drugs; or
(c) any provisions of the Dowry Prohibition Act, 1961; or
(d) any provis'ons of the Commission of Sati (Prevention) Act, 1987, and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
(3) A person convicted of anv offence and sentenced to imprisonment for not less tban two years [other than any offence referred to in isub-section (1) or sub-section (2)] shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.';
(b) sub-section (3) shall be renumbered as sub-section (4) thereof, and in sub-section (4) as so renumbered, for the words, brackets and figures "in sub-section (1) and sub-section (2)", the words, brackets and figures "in sub-section (i), sub-section (2) or subsection (3)" shall be substituted. I THE GAZETTE OF INDIA EXTRAORDINARY [PABT II— JriM.!ll0n of new section
28A. KcUnniny officer, presiding officer, « S deemed to be on deputation to l-Mcciion Commission. In sci iion of new Part IVA. kcjjistlM- lion with the Election ( ommfssion of associations nnd bodies a> political parties.
5. After section 28 of the principal Act, the following section shall be Inserted, namely:— "28A. The returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed under this Part, and any police officer designated for the time being by the State Government, for the conduct of any election shall be deemed to be on deputation to the Election Commission for the period commencing on and from the date of the notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officers shall, during that period, be subject to the control, superintendence and discipline of the Election Commission.".
6. After Part IV of the principal Act, the following Part shall be inserted, namely: — "PART IVA REGISTRATION OF POLITICAL PARTIES 29A- (1) Any association or body of individual citizens of India calling itself a political party and intending to avail itself of the provisions of this Part shall make an application to the Election Commission for its registration as a political party for the purposes of this Act.
(2) Every such application shall be made,—
(a) if the association or body is in existence at the commencement of the Representation of the People (Amendment) Act, 1088, within sixty days next following such commencement;
(k) if the association or body is formed after such commencement, within thirty days next following Ihe date of its formation.
(3) Every application 'under sub-sectnm (1) shall be signed by the chief executive officer of the association or body (whether such chief executive officer is known as Secretary or by any other designation) and presented to the Secretary to the Commission" or sent to jsuch Secretary by registered post.
(4) Every such application shall contain the following particulars, namely: —
(a) the name of the association or body;
(h) the St:ite in which its head office is situate;
(c) the address to which letters and other communications meant for it should be sent;
(d) (he names of its president, secretary, treasurer and other lilVl<V ltlJi.ll r'l'i. SIC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
(e) the numerical strength of its members, and if there are categories oil its members, the numerical strength in each category;
(f) v/hHhui; it h :h any local units; i£ so, at what levels;
(g) whether it is represented by any member or members in either House of Parliament or of any State Legislature; if so, the number of such member or members.
(5) The application undor . ulj-tiiictjou (I) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of India.
(6) The Commission may call for such other particulars as it may deem fit from the association or body.
(7) After considering all Hit; part,calm's as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the: association or body reasonable opportunity of being he;ml, the Commission shall decide either to register the association or body as a political party for the purposes ot this Pnrt, or not so to register it; and the Commission shall communicate its decision to the association or body:
Provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5). (S) The decision of the Commission shall be final.
(9) After an association or body has been registered as a political party as aforesa'd, any change in its name, head office, officebearers, address or in any other material matters shall be eommunicoiH to the Commission without delay.''.
7. In section 33 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely: — 'Provided further 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 constituency or ten such electors, whichever is less, as proposers".'.
8. In section 39 of the principal Act in sub-section (2), in the proviso, clause (an) shall be reletten d as clnusp (n?>) thereof, and before clause
(ah) as so rolettered, the Following clause shall he inserted, namely: — ' (aa) the reference in the opening paragraph of sub-section (1) of SfL'lion H3 to "an elector oT Hie constituency as proposer" shall he Amendment ot section 33. Amendment of i&otion '9. 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment Of section
58. imeition of new section
58A. Adjournment of poll or countermanding of election on the ground of booth capturing. construed as a reference to "ten per cent, of the elected members or of the members of the Legislative Assembly of a State or of the members of the electoral college of a Union territory, as the case may be, or ten members concerned, whichever is less, as proposers":
Provided that where as a result of the calculation of the percentage referred to in tnis clause, the number of members arrived at is a fraction and if the fraction so arrived at is more than one-half it shall be counted as one, and if the fraction so arrived at is less than one-half it shall be ignored;'.
9. In section 58 of the principal Act,—
(a) in sub-section (2), after clause (a), the following clause shall be inserted, namely: — "(aa) any voting machine develops a mechanical failure during the course of the recording of votes; or";
(b) in sub-section (2), in clause (b), after the words "result of the election or that", the words "the mechanical failure of the voting machine or" shall be inserted.
10. After section 58 of the principal Act, the following section shall be Inserted, namely: — '58A. (1) If at any election,—
(a) booth capturing has taken place at a polling station or at a place fixed for the -ooll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or
(b) booth capturing takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the returning officer shall forthwith report the matter to the Elect on Commission.
(2) The Election Commission shall, on the receipt of a report from the re+urning officer under sub-section (1) nnd after taking all mater*11 circumstanc s into account, either—
(a) declare that the poll at that polling station or place be void, appoint a day, and fix the hours, for Hking fresh poll at that polling stat:on or place and notify the date so appointed and hours so fixed in such manner as it may deem fit: or
(b) if satisfied that m view of the large number of polling stations or place involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such a manner as to affect the SEC. 1] THE GAZETTE f 'K ' " ) P , \ EXTRAORDINARY 7 result of the election, countermand the election in that constituency .
Explanation.—Tn this section, "booth capturing" shall have the same meaning as in section 135A,',
11. After section 61 of the principal Act, the following section shall be inserted, namely — '61A. Notwithstanding anything contained in this Act or the lules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted In such constituency or constituencies as the Election Commission may, having regard to the circumstances of each case, specify.
Explanation.—For the purpose of this section, "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving oi reord.ng of votes and any reference lo a ballot box or ballot paper in Hits Ac+ o^ TTIP rules mude thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.'.
12. In section 77 of the principal Act, in sub-section (1), Explanation 2 shall be omitted.
13. In section 123 of the principal Act,—
(a) after clause (7), and before the Explanation the following clause shall be inserted, namely: — "(8) Booth capiurim; by a candidate or his aeent or other person.";
(b) in the Explanation, after clause (3), the following clause shall he inserted, n a m e l v - '(4) For Ihe purposes •>{ clause (8), "booth capturino" shall have the same meaning as in section 135A.'.
14. In section 127 of the principal Act, in sub-section (1), for the woids "shall be punishable with fin1 which may exten.1 to two hundred an l̂ fifty rupees", the words "shall be punishable with imprisonment for a term which may exten 1 +n three months o^ with fine which may extend to one thousand rupees, or with both" shall be substituted.
15. After section 135 of the principal Ant, the following section shall be inserted, namely: — '135A. Whoever commits an offence of booth capturing shall hp [mnithablp wilh imprisonment for T term which shall not be Inseiuun nl new sction MA. V oting machines Jeeiions Amendment Of section 77. Amendment of êciiOf)
123. Amendment of itxtion
127. Inscilion Of new •section
135A. Offence of booth Lapturing. & TH£ GAZETTE OF INDIA EXTRAORD1NAHY LF,\RT U - - Amendment ol section 169 less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government, he shall ha punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine.
Explanation.—For the purposes of this section, "booth capturing" includes, among other things, all or any of the following activities, namely: —
(a) seizure of a polling station or a place fixed for the poll by any person or persons, making polling authorities surrender the ballot papets or vTtmj1 machine and do!ns> of any other act which affects the oi.li-rls conduct of elections;
(b) taking possession of d polling station or a place fixed for the poll by any person or pt rsons and allowing only his or their own supporters to exercise thi'ii right to vote and prevent others from voting;
(c) threatening any elector and preventing him from going to the polling station or a place Axed for the poll to cast his vote;
(d) seizure of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;
(e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.'.
16. In section 169 of the principal Act, in sub-section (2),—
(i) after clause (e), the following clause shall be inserted, namely — " (ee) the m.inner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;";
(ii) after clause (g), the following clause shall be inserted, namely — "(99) the procedure as to counting of votes recorded by m-eans of voting machines;";
(iii) in clause (h), for the words "ballot boxes", the words "ballot boxes, voting machines" shall be substituted. C. RAMAN MENON, Additional Secy, to the Govt. of India. SM. 1] THE GAZETTE OF IJDIA EXTRAORDINARY 9 CORRIGENDA In the Companies (Amendment) Act, 1988 (31 of 1988) as published m the Gazette of India, Extraordinary, Part II, Section lf dated the t4th May, 1983 (Issue No. 36),—
(a) at page 8 —
(i) in the marginal heading of section 111, in line 7, for "lefual" read "refusal",
(ii) in line 31 for "transferer" read transferor";
(b) at page 32, for lines 22 and 23, read as follows: "(ii) Special rates A 1 Cinematograph films-Machi—"
(c) at page 38, in line 19, for 'TABLES" read "TABLE";
(d) at page 39, In line 4, in column 3, for ' "si' read ' "six". CORRIGENDA In the Employees' Provident Funds and Miscellaneous Provisions (Amendment) Act, 1988 (No. 33 of 1988) as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 7th June, 1988 (Issue No. 40),—
(1) at page 1, in line 21, fo "•hcre'nafter rforred", read "hereinaftpr referred";
(2) at page 7, in liri~ 4, fo- "a\ail.ibli> nn record.";'. read "stituted. namely:—";
(3) at page 13, in line 32, fcr "arrars", read "arrears";
(4) at page 20. in line 6, for "cmlop—" read "employ—";
(5) at page 20, in line 13, for "proceedinge" read "proceeding",
(6) at page 21, in line 4, for "otheer", read "other". TEINTED BY THE MANAdEP, GOVERNMENT OF INEIA PBE'S MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUW TC VTIO^S, DELHI, 1989