LexThe Assam Panchayat (Amendment) Act, 1999
Assam · state statute
Open in Lexace · Ask the AI about this act- Jh HO XXV ' .iP; ' : / P P R eg iste re d No.76 8/ 97 THE ASSAM GAZETTE w i m EXTRAORDINARY * w < 0 ^ 4 i2Rni*f's PUBLISHED BY AUTHORITY 65 T 30 Vt 6, 2000, 10 5 X 1922 ( ^ ) No. 65 Dispur, Thursday, 30th March, 2000, 10th Chaitra, 1922 (S.E.) GOV ERN MENT OF ASSAM ORDERS BY T HE G OVERN OR LEG ISLATI VE DEP ART MENT :: LEG ISLATIVE BRA NCH ■ - Kl > j , i. •i* NOTI FI CA TI ON The 20th Dec emb er, 1999. No. LG L. 146 /98/19 .- The follow ing Ac t of th e Assam Le gis lative Ass embly whi ch received the assent o f the Governor is hereby published for general info rmat ion. 294 TH E A SSAM GA ZET TE, EXTRAORDIN ARY, MA RCH 30, 2000 ASSAM ACT NO. X XV OF 1999 (Re ceived the a ssen t of the Governor on 15th Decem ber, 1999) TH E A SSAM PA NCHA YAT (AM ENDMEN T) ACT , 1999. AN ACT furthe r to amend the A ssam Panchayat Ac t, 1994. P re am ble . Wh ereas it is expe dient fu rther to a men d the Assam Act As sam Pa nc ha ya t Ac t, 1994, he re -in- af te r No. x v m ref err ed to as the principa l Act, in the ma nner o f 1 9 9 4 - here -in-a fter appearing; It is he reby enacted in the Fiftieth Year of the Republic of Ind ia as fo llow s :- Sh or t titl e, exten t and com m en ce m en t. 1. (1) Th is Ac t ma y be ca lle d the As sam Pa nc ha ya t (Am endm ent) Act, 1999. (2) It shall have the like extent as the principal Act. (3) It shall c ome into force at once. Am end me nt of 2 . j n the princi pal Act, in sec tion 2, aft er clause (41), the follow ing new clauses (42), (43) and (44) shall be inse rted , namely :- "(42) "Mo ral T urpitude " means an act that gravely vi olet the moral se nt im en t or ac ce pted moral stan da rd of com munity or fe llowmen ; i \ (43) "Uncertified ban krupt" means bank rupts who are n ot gran ted C ertificate of discharge from their existing d eb t; (44) "Un discha rge d inso lven t" means inso lve nt who are not dis charged from future liability for de ht then existing." Amendment of 3. In the pr incipa l Act, in section 114, the ex ist ing Se ct io n 114. sub -sectio n (4) shall be re -numbered as sub-sec tion (5), and after sub-sec tion (3), the fo llow ing new sub- section (4) shall be inserted, nam ely :- "(4) Th e Retur ni ng O ffi ce rs, A ss is ta nt Re tu rn ing Officers, Pre sidi ng Officers, Poll ing O fficers and any o ther offic er appointed un der this Ac t and any Police Officers des ign ate d for the time b eing by the State Go vernm ent fo r the conduct of the Pan chayat Election s hall be deem ed to be THE A SSAM G AZETTE, E XTRAORDIN ARY, MARCH 30, 2000 295 on depu tat ion to the Sta te Election Co mm iss ion for the pe rio d comm encin g on and from the date of notifi cat ion calling for Pan cha yat E lection and end ing with the date of declaration o f the results of the election and a ccordingly such off ice rs sha ll dur ing tha t per iod be sub jec t to the con trol, su pe rint en de nc e and disc iplin e of the Sta te El ec tio n Comm issi on" . In se rt io n of ne w Sec ti on 127A to 1 2 7 R . 4. In the pri ncipa l Act, after sec tion 127, the foll owing new section 127 A to 127 R shall be inserted, n amely Prom oting enmity between classes in connection with election. 127A. An y perso n who in connectio n with Panchayat Electio n prom ote s or attem ps to pro mo te on gro unds of rel igion, rac e, cas te, comm uni ty or lan guage, fee lin gs of en m ity or ha tre d be tw ee n di ffer en t clas se s sh all be pun ishabl e with impriso nment for a term whi ch may ext end to three yea rs, or wit h fine to the ext ent of one tho usa nd rup ees or with both. An offenc e pu nish ab le un de r this se ction sh all be cogniza ble and bailable. Prohibition of public meeting on the day preceeding the election day and on the election day. 127B. An y person who con ven es, hol ds or atte nds any pub lic meetin g in any polling area during the p erio d o f forty eig ht hours en din g with the h our fixed for the c onc lusion o f the poll for Panchayat electio n in that p olling area shall be punis hab le with fine which may extend to two htmd red and fift y rupees. An offenc e pu nish ab le un de r this secti on shall be cogniza ble and bailable. Disturbances at election meeting. 127C. An y person who at a public me eting of po litical ch ar ac te r he ld lawfully betw een the da te of iss ue of notifi cat ion o f Pa nch aya t el ection and date fixed fo r endin g electio n canvase s, acts or incites others to act in a disorderly ma nner for the purpose of preven ting the transa ction o f the \ 296 TH E A SS AM GA ZET TE, EXTRAORDIN ARY, MA RCH 30, 2000 bu sine ss for wh ich the me eti ng was calle d, sh all be pun ishable with im prison me nt for a term whic h may exte nd to three mo nths or wit h fine wh ich may exten d to one thousand rupees or with both. An offenc e pu nish ab le under this secti on shall be cogniza ble and bailable. Re str ict ion on the print ing of pamp hle ts posters etc. 127D. (1) No person shall p rint or pub lish, or ca use to be printed or p ublishe d, any electio n pum phlet o r p oste r which does not b ear on its face the n ames and a ddress o f the printer and the publishe r thereof. (2) No perso n sha ll print or cause to be printe d any elec tion pu mph let or poster- fa) unless a dec lara tion as to the identity of the pub lish er thereof,' sign ed by him a nd attested by two pers on to whom he is per son ally know , is delivered by him to the printe r in duplicate, and (b) unless within reason able time afte r the printing of the docume nt, one cop y of the decla ration is sen t by pri nter toge ther wi th one copy of the docume nt to the District Retu rning Officer (District Magistrate) o f the district where it is print ed. Any perso n who contr avenes any of the pro vis ion of su b- se ct io n (1) and (2) sh all be pu bl is ha bl e wi th imprison me nt for a term whic h may extend to six m onths or with fine w hich may extend to two hun dred rupees or with both. An off enc e punis hab le under this sec tion is cog niz abl e and bailab le. Maintenance of secrecy of voting. 127E. Every off ice r, As sis tan t Ag ent or oth er perso n who perform any dut y in connect ion with the recording or counting of v otes in Panchayat electio n shal l mainta in the secrecy of the voting and shall n ot (exc ept for some p urpose authorised by or un der any law) co mm unicate to any perso n any information calculate d to violate such secrecy. TH E A SSA M GA ZETTE , E XTR AORDINA RY, MARCH 30, 2000 297 Any pe rson wh o contrav enes thi s pro vis ion shall be punis hab le with im prison ment for a term which may extend to thr ee mo nth s or with fin e wh ich may exten d to five hundred ru pees o r with both. An offence unde r this sec tion is cognizable and bailable. Officers etc. at election to act for candid ates or infl uen ce voting. 127F . An y pe rso n who is a Re tur nin g Of fic er or an Assistan t Re turn ing O fficer or a Preside nt or Po lling O fficer at a P anchayat Electio n or an offi cer or A ssistant appointed by the Re tur nin g Of fic er or by the Presiding Of fic er to perform a ny duty in c onnection with a Pan chayat elec tion or a m ember or a Police force on duty shall not en deavou r - (i) to pe rsua de any pe rso n to giv e his vote at a Panchayat Election, (ii) to dis sua de any per son from giv ing his vote at a Panchayat Election, (iii) to influence the voting of any pers on at a Panchaya t Elec tion in a ny manner. * , 1 • J ' » Any per son who con traven ces these pro vis ion s sha ll be * pu nish ab le with im priso nm en t wh ich may ex ten d to six mo nths or with fin e, which may exten d to two hundred rup ees or with both. An offenc e pu nish ab le un de r this se ction sh all be congnizable and bailable. Pro hib itio n of canv assing in or near poll ing stat io ns . 127G. No pe rso n shall, on the date or dates on which po ll is tak en at any pollin g sta tio n co mmit any of the follow ing sta tion or at any pub lic or privat e pla ce wit hin a distan ce of one hu nd red me tre s of the polling sta tio n, namely (i) canv assing fo r vo tes, or (ii) soliciting the vo te o f any elector, or (iii) persuading any e lector no t to vote for any particula r cand idate, or (iv) persuadin g any elector not to vote at the election, or 298 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 30, 2000 (v) exhibiting any notice or sign, other than an official notice relating to the Panchayat elec tion. Any person who contravenes these provisions shall be punishable with fine which may extend to two hundred and fifty rupees. Any offence punishable under this section shall be congnizable and bailable. Penal ty for dis ord erl y con duct in or near pollin g stations. 127H. No person shall, on the day or dates on which a poll is taken at any polling station - (1 ) use or operate, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or (ii) shout, or other act in a disorderly manner, within or at the entrance of the polling station or in public or private place in the neighourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station. Any person who contravenes or wilfully aids or abets the contravention of, these provisions shall be punishable with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both . An offence punishable under this section is congnizable and bailable . (2) If the Presiding officer of a polling station has reason to believe that any person is commiting or has committed an offence punishable under this section he may direct any police officer to arrest such person and thereupon the police officer shall arrest him. (3) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 30, 2000 299 YU . this section and may seize any apparatus used for such contraventions. Penalty for misconduct at the polling station. 127 I. Any person, who, during the hours fixed for the poll at any polling station, shows misconduct or fails to obey the lawful directions o f the Presiding officer, may be i removed from the polling station by the Presiding Officer or by any Police officer on duty or by any person authorised in this behalf by such Presiding Officer. The power conferred by the above provision shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that s tation . Any pers on,,, who has been so removed from a polling station, if re-enters the polling station without the permission of the Presiding Officer, he shall be punishable with imprisonment for a term which may extend to three months p or with fine which may extend to five hundred rupees or e with both. An offenc e punishable under this section shall be congnizable and bailable. Penalty for failu re to observe procedure for vo ting . 127J. If any elector to whom a ballot paper has been issued refuse to observe the procedure prescribed for voting, the ballot paper handed over to him shall be liable for cancellation. Penal ty for liable hir ing or procuring of con veyances at election. 127K. If any person is guilty of any such corrupt practice of illegal hiring or procuring of vehicle for voter at or in conn ection with the Panchayat election, he shall be punishable with fine which may extend to one thousand rupees. The offence punishable under this section is cognizable and bailable. 300 TH E A SSAM GAZE TTE , EXTR AORDINA RY, MA RCH 30, 2000 Bre aches of officia l duty in con nec tion with elec tion . 127L. (1) If any perso n in off icia l duty in con nection with a Pa nc haya t ele cti on to whom thi s Ac t ap pli es is wi thou t rea son abl e cause guilty of any act or omissi on in bre ach of his officia l duty, he shall be p unishabl e with fine which may exte nd to five h undred rupees. An offenc e pu nish ab le un de r this secti on sh all be cogn izable a nd b ailable: Pro vid ed tha t no s uit or other legal procee dings shall lie again st any su ch person for dam ages in re spe ct of any such act or om ission as a foresaid. (2) The pe rso n to whom this sec tion appli es are the Re tur nin g Off icer, Assistan t Returnin g Off icer, Pre siding Officer, Pollin g Officer and any other person app ointed to pe rfor m any duty in co nn ec tio n wi th the re ce ip t of nomi natio ns or withd raw al of c andid atu re or rec ord ing or co un tin g of vo tes at the Pa nc ha ya t El ec tio n and the ex pr es sion 'Of fic ial du ty’ shall for the pu rposes of this sect ion be cons trued accordingly, but shall not include duties impos ed otherwise than by or und er th is Act. Penalty for Government servants for acting as election agent or counting agent. 1 i ■ C ijS M 127M . If a ny per son in the service of the Go ver nm ent act s as an ele ction agent, or a polling agent or a cou ntin g ag en t of a cand idate at Panchayat ele cti on , he sha ll be punis hab le with imp riso nm ent for a term which may extend to three mo nth s or wit h fine wh ich may exten d to one tho usa nd rupees or with both. 1 | • • i , a r ■ * 1 jt, a < 1An offenc e pun ishabl e under this s ectio n is cog nizabl e and bailable. Removal of ballo t papers from polling station to be an offence. 127N. An y pe rson who at the Pa nc ha ya t El ec tio n fraudula ntly take or attem pts to take, a ba llot p aper out of a polling station, or wilfu lly aids or abets the doin g of any suc h act, sha ll be pun ishable with imprison me nt for a term which may extend to one year with fine whic h m ay extend to fiv e hun dred rupees or w ith both. THE A SSAM G AZETTE. EXTRAORDIN ARY, MAR CH 30. 2000 301 If the Presiding O fficer of a polling station has reas on to believe that a ny pers on is com mitting or has com mitted an off ence punis hable under this section , suc h off ice r may , before such pe rson leav es the p olling station ar rest or direct a police off ice r to arre st such person and may search such person or cause him to be searched by a Police Office r : Pro vided that whe n it is necessary to cau se a w omen to be sea rch ed, the search shall be made by ano the r wom en with strict regard to decency. An y ba llo t pa pe r fou nd upon the perso n arr ested on search shall be mad e over for safe cust ody to a police offic er by the P res iding Off icer, or whe n the search is made by a police shall be kept by such officer in safe custody.» An offenc e pu nish ab le un de r thi s sec tio n sh all be cogniza ble and bailable. Offence of booth capturing. 127 O. Whoever com mits an offe nce of booth capturi ng shall be pu nis hable wit h im priso nm en t for a term whi ch sha ll no t be less than six months but whi ch may ext end to tw o ye ars and with fin e, and wh ere suc h offen ce is comm itte d by a person in the s ervice of the Gover nm ent he sha ll be punis hab le wit h im pri son me nt for a term which shall not be less than one y ear b ut w hich may extend to three ye ars and wit h fine , wh ich may exten d to one tho usa nd rup ees or w ith both. An off enc e pun ishabl e und er this sec tion is cog nizabl e and non-bailable. EX PL AN AT ION Fo r the purpose of this section "boo th cap tur ing " inc lud es am ong other things , all or any of the follo wing activitie s, namely (i) seizur e or clo sur e of a pol ling sta tio n or a pla ce fixe d for the poll by a ny p erso n or persons makin g pollin g autho riti es sur ren der the ballot pap ers or voting machines and doing of any o ther act which affect the orderly conduct of election, (ii) taking pos ses sio n of a pollin g sta tion or a pla ce fix ed for the pol l by any per son or per son s and allowing only his or th eir ow n su pp orter s to exe rcise their right to vote and pre ven t others from voting, 302 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 30. 2000 (iii) threatening any elector or obstructing or preventing him from going to the polling station or a place fixed for the poll to caste his vote . (iv) seizure or closure or taking possession of a place for counting of votes by any person or persons, making the counting authorities surrender the ballot papers or votting machines and the doing of any thing which affects the orderly counting of votes, (v) doing by any person in the service of the Government of all or any of the aforesaid activities or aiding or conniving at, any such activities in furtherance of the prospects of the election of a candidate or against the prospects of a candidate. Other offence and penalty therefor. 127P. A person shall be guilty of all election offence, if at the Panchayat election be - (i) fraudulantly defaces or fraudulently destroys any nomination papers, or (ii) fraudulantly defaces, destroys or removes any list notice or other documents affixed by or under the authority of a Returning Officer, or (iii) fraudulantly defaces or fraudulantly destroys any ballo t paper or the official mark on any ballot papers or any declaration of identity or official envelope used in connection with voting ballot, or (iv) without the authority supplies any ballot .paper. to... .. .. . any person or receives any ballot paper from any person or is in possession of any ballot papers, or (v) fraudulantly put into any ballot box any thing other than the ballot paper which he is authorised by law to put in, or (vi) without due authority destroys, takes opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election, or THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 30, 2000 303 (vii) fraudulantly or without authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. . i ;jt ■ , " ■ . . Any person guilty of an electoral offence under this section shall, (a) if he is Returning Officer or Assistant Returning Officer or a Presiding Officer at a polling station or any other officer or Assistant employed on official duty in connection with the Panchayat election, be punishable with imprisonment for a term which may z extend to two years or with fine which may extend to one thousand rupees or with both, (b) if he is any other person be punishable with imprisonment for a term which may extend to six months or with fine which may extend to six months of which may extend to two hundred rupees or with both. (c) for the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of Panchayat Election or part of the election including the counting on votes or to be reasonable after the election for the used ballot paper and the other documents connected with the election, but the expression "Official duty" shall not include duty imposed otherwise by or under this Act. Trial by competent Court. 127Q. No Court other than that of a Judicial Magistrate of the First Class of the competent Jurisdiction shall try any offence under this Act. Offence to be tried summarily. 127R. Offence under this Act may be tried A ct 2 of summarily in the manner provided for summary 1974. , trial under the Code of Criminal Procedure, 19 73 -■ 304 TH E A SSAM GAZETTE. E XTRAO RDI NARY. MAR CH 30. 2000 Expla natio n For the purposes o f the foregoin g s ections o f this Act, the wo rds "cognizable" and "N ila ble" shall have the meaning resp ec tiv ely assig ned to tnem in the Co de of Crimina l Pro ced ure , 1973, (Ac t 2 of 1974)." ; C .i fO o M. K. DEK A, Secr etary to the G ovt, of Assam, Legislative Department. ■ < j orb .no fif * ?.i 'ni ' ?rl) io jh no m i.y j • .rttrH f i< * ; ... H T T & M ; 'i u i( l m ’on ■ c f. , < ■ . • ' > oiu A /i h •IF 1 b . - l M vr.m /.;b- »obmj ii j’ -41 0 .;• ?£ ! re s y-;. - •' - : m t . ni dhfifltflw?. _____ GUWAIIAT I - Printed & Published by the Dy. Director (P), Directorate of Ptg. & Sty., Assam, Guwahati (Ex-Gazette) No. 129-500-400- 30-3-2000.