T&$ %o i " q ~ ~ - 3 3 0 0 4 / 2002 REGISTERED NO. DL-33004 I 2002 mw EXTRAORDINARY Orm 11-WJS-1
PART I1 - Section 1 Jn fm*mi rk PUBLISHED BY AUTHORITY No. 521 NISW 1)151,111, SATIJRDAY, AUGUST 23, 2002 1 BHADRA 2, 1924 ~ o r m i f f w , ~ * i t ~ ~ ~ % ~ m ~ d i ~ 9 ~ ~ ~ ~ 1 Srparate paging is given to this Part in order thnt i t niny Iw filrtl nr; n srpn~vltc cokr~pill~lion.
MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 24th August, 2002/Bhadra 2, 1924 (Saka) THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ORDMrnCE, 2002 No. 4 OF 2002 Promulgated by the President in the Fifty-third Year of the Republic of India.
An Ordinance Mer to amend the Representation of the People Act, 195 1.
WHEREAS Parliament is not in session and the President is &tisfid that circumstances exist which render it necessary for him - to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause (I) of Micle 123 of the Constitution, the President is pleased to promubte tht following Ordinance:- I 1. (I) This Ordinance may be called the Representation of the title People (Amendment) Ordmance, 2002. armmen0ement.
- -
(2) 'Save as o&erwise provided in this Ordhance, the provisions of this Ordinance shall come into force at once.
- 2 THE GAZETIT OF INDIA EXTRAORDINARY [PART 11- Insation of new 2. After section 33 of the Representation of the People Act, 195 1 43 of 1951.
sation 33A (hereinafter referred to as the principal Act), the following sectlt~n shall be inserted, namely- --.
Right to infontration "33A. (1) A candidale shall, apart &om any information which he is required to furnish, under this Act or the rules made thereunder, in his nomination paper delivered under subsection (I) of section 33, also fiunish the information as to whether-
(i) he is accused of any ofience punishable with imprisonment for two years or more in a pending case in which a charge has been fiamed by the wurt of competent jurisdiction;
(ii) he has been convicted of an offence [other than any o h c e referred to in subsection (1) or subsection (2), . or covered in sub-section (3), of section 81 and sentenced to imprisonment for one year or more. .
(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the retuning officer the nomination paper under subsection (1) of section 33, also deliver to him an affidavit sworn by the d i d a t e in a prescribed form verifying the information specified in subsection (I).
(3) The returning officer shal1,a soon as may be after the firrnishing of information to him under sub-section (I), display the afwesaid infmation by affixing a copy of the affidavit, delivered under subsection (2), at a conspicuous place at his office for the infwmation of the electors relating to a constituency for which the nomination paper is delivered.".
tosationofnew ' 3. Afta section 33A of the principal Act as so inserted, the sebion33B. following s d m shall be inserted and shall be deemed to have been inserted with effect fiom the 2& day of May, 2002, namely:- Candidate to &mi& "33B. Notwithstanding anything contained in any tnfwmation only under the Ad and judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no . I the mles.
candidate shall be liable to disclose or furnish any such infmation, in respect of his election, which is not required to Y be dix!& .- h.i&pA_ under this cx the rdes 11i24e thereunder.".
Insertion of new 4. In Part V of the principal-Act, after Chapter VII, the following Cimpta MIA Chapter shall be kserted, namely:- 'CHAPTER ML% DECLARATION OF ASSETS AND LIABILITIES Declmtioo of assets aod liabilities
75A. (1) Every elected candidate for a House of Parliament or the Legislature of a State shall, within ninety day8 fiom the date on which he makes and subscribes an oath or af&tnation,r$ccording SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY , 3 to the form set out for the purpose in the Third Schedl~le to the Constitution, for iaking his seat in either House of Parliament or in the Legislative Assembly of a State or the Legislative Council of a State, as the case may be, h i s h the information, relating to- ( I ) the movable and immovable property of which he is the owner or a beneficiary;
(ii) his liabilities to any public financial institution; and
(iii) his liabilities to the Central ~ovefnment or the State Government, to the Chairman of the Council of States or the Speaker of the House of the People or the Chairman of the Legislative Council of a State or the Speaker of the Legislative Assembly of a State, as the case may be.
(2) The information under subsection (1) shall be h i s h e d in such form and in such manner as may be prescribed in the rules made under sub-section (3).
(3 ) The Chairman of the Council of States or the Speaker of the Hmse of the Pwple or the Chairman of the Legislative Council of a State or the Speaker of the Legislative Assembly of a State, as the case may be, may make rules for the purposes of s u b section (2).
(4) The rules made by the Chairman of the Council of States or the Speaker of the House of the People or, as the case may be, by the Chairman of the Legislative Council of a State or the Speaker of the Legislative Assembly of a State under subsection
(3) shall be laid, as soon as may be after they are made, tiefore the Council of States or the House of the People or the Legislative Council or the Legislative Assembly, as the case may be, for a total period of thirty days which may be comprised in onesession or in two or more successive sessions and shill take effgct upon the expiry of the said period of thirty days unless they are sooner approved with or without modifications or disapproved by the Council of States w fhe House of the People or the Legislative Co'wici! oi the Lcgislativ* ilssm.b!y and where t h q are so approved, they shall take effect on such approval in the form in which they were laid or in such modified form, as the case may be, and where they are so disapproved, they shall be of no effect.
(5) The Chairman of the Council of States or the Speaker of the House of the People or: as the case may be, the Chairman of the Legislative Coii~cil of a Statc or the Speaker of the Legislative Assembly of a State may direct that any wilful contravention of the rules made under subsection (3) by an elected candidate referred to in subsection (1) may be dealt with in the same manner as a breach of privilege of the Council of States or the House of the People or the Legislative Council or the Legislative Assembly, as the case may be.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11- -
Explanation- For the purposes of this &ion,- (13 "immovable property" means the land and includes any building or other structure attached to the land or permanently .
W e n d toXanything which is attached to the land;
(io "movable property" means any other property which is not the immovable property and includes corporeal and incorporeal property of every description;
(iii) "public financial institution" means a public financial institution within the meaning of section 4A of the Companies Ad, 1956 and includes bank; and I of 1956.
(iv) "bankn r e h e d to in clause (iii) means - I
(a) "State Bank of India" constituted under sedian 3 of the State Baqk of India Act, 1955; 23 of 1955. I
(b) "subsidiary bank" having the meaning assigned to it in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959; 38 of 1959.
(c) "Regional Rural .Bankn established under section of the Regional Rural Banks Act, 1976; 21 of 1976.
. .
(d) "corresponding new 'bank" having the meaning assigned to it in clause (da) of section 5 of the Banking Regulation Act, 1949; and I O O ~ 1949.
(e) "oo-operative bank" having the meaning assigned to it in clause (cci) of section 5 of the Baking Regulation Ad, 1949 as modifid by sub- 10 of 1949.
clause (1) ofclause: (c) of section 56 of that Act.'.
~nwtionofoew 5. A h section 125 or'the principal Act, the following section seaion 125A .shall be inserted, namely:- kndty for tiling "125A. A candidate.who himself or through his proposer, f i l s affidsvit, a. with intent to be elected in an election,- (J? gils to h i s h information relating to sub-section ( I ) of section 33A; or (iij give hlse information which he knows or has reason to believe to be false; or ( i i i) conceals any information, in his nomination paper delivered under sub-kction ( I ) of section 33 or in his a f idp i t which is required to be delivered under sub-section (2) of section 33A, as the case may be, shall, notwithstanding anything contained in any other law fix the SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 5 time being in fbrce, be punishable with imprisonment for a term which may extend to six months, or with fine, or with , - both.".
6. In section 169 of the principal Act, in sub-section (2), clause Amedmat of
(d) shall be renumbered as clause (aa) thereof, and befme clause (aa) as so renumbered, the following clause shall be inserted, namely:- "(a) the form of cifidinvit :*dm subsection (2) of section 33A;".
A.P.J. ABDUL KALAM, Prcsicienf.
SUBHASH C. JAM Secy. to the Govl. of India.
PRINTED BY THE MANAGER, GOVERNMENT OF INDIA PRESS (PLU), MINTG ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2002.