The Assam Panchayat (Amendment) Act, 1999

- Jh HO XXV ' .iP; ' : / P P Reg 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 Vt6, 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 GOVERN OR LEG ISLATIVE DEP ART MENT :: LEG ISLATIVE BRA NCH ■ -Kl > j , i. •i* NOTI FI CA TI ON The 20 th Dec emb er, 1999. No. LGL. 146 /98/19 .- The fol low ing Ac t of the Assam Legis lat ive Ass embly which rece ived 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 o f the Governor on 15th December, 1999) TH E A SSAM PA NCHAYAT (AMENDMEN T) ACT, 1999. AN ACT fur the r to amend the A ssam Panchayat Ac t, 1994. Pre 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 ti tl 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) I t shall c ome into force at once. Am end me nt of 2 . jn the princi pal Act , in sec tion 2, aft er clause (41) , the fol low ing new clauses (42) , (43) and (44) shal l be inse rted , namely :- "(42) "Mo ral T urpi tude " means an ac t that gravely viole t the moral se nt im en t or ac ce pted moral stan da rd of com munity or fe llowmen ; i \ (43) "Uncert ified ban krupt" means bankrupts who are n ot gran ted C ertif icate of discharge from their existing d eb t; (44) "Un discha rged inso lven t" means inso lve nt who are not dis charged from future liab ility for deht then existing." Amendment of 3. In the pr incipa l Act, in sect ion 114, the ex ist ing Se ct io n 114. sub -sectio n (4) sha ll be re -numbered as sub-sec tion (5), and after sub-sec tion (3), the fo llow ing new sub-sect ion (4) shall be inser ted, nam ely :- "(4) Th e Retur ning Offi ce rs , Ass is ta nt Re tu rn ing Officers , Pre siding Off icer s, Poll ing O fficers and any o the r offic er appointed under thi s Ac t and any Pol ice Officers des ign ate d for the t ime b eing by the State Go vernm ent fo r the conduct o f the Pan chayat Election shall be deem ed to be THE A SSAM GAZETTE, 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 ca lling for Pan cha yat E lection and end ing with the date of declara tion o f the resul ts of the elect ion and according ly such off ice rs sha ll dur ing tha t per iod be sub jec t to the con tro l, su pe rint en de nc e and di sc ip lin e of the Sta te El ec tio n Comm issi on" . In se rt io n of ne w Sec tion 127A to 1 2 7 R . 4. In the princ ipa l Act, after sec tion 127, the foll owing new section 127 A to 127 R shall be inserted, namely Prom oting enmity between classes in connection with election. 127A. Any perso n who in connection wi th Panchaya t Elec tio n prom ote s or att em ps to pro mo te on gro unds of rel igion, race, cas te, comm uni ty or lan guage, fee lings of en m ity or ha tre d be tw ee n di ffer en t cl as se s sh al l be pun ishable with impriso nment for a term which may extend to three yea rs, or with fine to the ext ent of one tho usa nd rup ees or with both. An of fenc e pu nish ab le un de r thi s se ct ion sh al l 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, holds or atte nds any pub lic meetin g in any polling area during the p eriod o f forty eig ht hours en din g with the h our fixed for the conc lus ion o f the poll for Panchayat electio n in that p oll ing area sha ll be punis hab le with fine which may extend to two htmdred and fift y rupees. An of fenc 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 pub lic me eting of po liti cal ch ar ac te r he ld lawfu lly be tween the da te of iss ue of notifi cat ion o f Pa nch aya t el ect ion and date fixed fo r endin g electio n canvase s, acts or inci tes others to act in a di sorderly ma nner for the purpose of preven ting the transa ction o f the \ 296 TH E A SSAM GA ZET TE, EXTRAORDIN ARY, MARCH 30, 2000 bu sine ss fo r wh ich the me eti ng was ca lle d, sh al l be pun ishable with im pri son me nt for a te rm which may extend to three mo nths or with fine which may exten d to one thousand rupees o r with both. An of fenc e pu nishab le under this secti on shall be cognizable and bailable. Re str ict ion on the print ing of pamp hle ts posters etc. 127D. (1) No person shal l p rin t or pub lish , o r cause to be printed or p ubl ishe d, any electio n pum phlet o r poste r which does not bear on its face the n ames and address o f the prin ter and the publ ishe r thereof. (2) No perso n sha ll pr in t or cause to be printe d any elec tion pumph let or poster- fa) unless a dec lara tion as to the iden tity 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 del ive red by him to the printe r in duplica te, and (b) unless within reasonable time afte r the p rinting of the docume nt, one cop y of the decla rat ion is sen t by pri nter toge ther wi th one copy of the docume nt to the Distr ict Retu rning Offi cer (Distr ict Magis trate ) o f the d istric t 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 al l be pu bl isha bl e wi th impri son me nt for a term whic h may extend to six m onths or wi th fine w hich may extend to two hun dred rupees or with both. An off enc e punishab le under this sec tion is cog nizabl 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 per form any duty in connect ion with the record ing or counting of v otes in Panchayat electio n shal l mainta in the sec recy o f the voting and shal l not (except for some purpose author ised by or un der any law) co mm unicate to any perso n any information calculate d to vio late such secrecy. THE A SSA M GA ZETTE , E XTR AORDINA RY, MARCH 30, 2000 297 Any pe rson who contrav enes thi s pro vis ion shall be punishab le with im prisonment for a te rm which may ex tend to thr ee mo nth s or wi th fin e which may exten d to five hundred ru pees o r wi th both. An offence unde r this sec tion is cognizable and bailable. Officers etc. at election to act for candidates or influence voting. 127F . An y pe rso n who is a Re tur nin g Of fic er or an Assis tan t Re turn ing O fficer o r a Preside nt o r Po lling O fficer at a Panchayat Electio n or an offi cer or A ssistant appointed by the Re tur nin g Of fic er or by the Pres iding Of ficer to per form a ny duty in c onnection with a Pan chayat elec tion or a member or a Pol ice force on duty shall not endeavour - (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 person 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 wi th impriso nm en t wh ich may ex ten d to six mo nths or wi th fin e, which may exten d to two hundred rup ees o r with both. An of fenc e pu ni sh ab le un de r this se ct ion sh al l be congnizab le and bailable. Pro hib ition of canv assing in or near poll ing stat io ns . 127G. No pe rso n sha ll, on the date or dates on which po ll is tak en at any po llin g sta tio n co mmit any of the fol low ing sta tion or at any pub lic or privat e place within a di stan ce of one hu nd red me tre s of the po lling sta tio n, namely (i) canv ass ing fo r vo tes, or (ii) solic iting the vo te o f any elector, or (iii) persuading any e lector no t to vote for any part icula r cand idate, or (iv) persuading any e lector not to vote at the e lection, or 298 THE ASSAM GAZETTE, EXTRAORDINARY. MARCH 30, 2000 (v) exhibiting any notice or sign, other than an official notice relating to the Panchayat election. 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 erly 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 bail able . (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 exerci sed so as to prevent any elector who is otherwise ent itled to vote at a polling station from having an opportunity of voting at that station. Any person,,, 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 offence 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 conveyances at elect ion. 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 elect ion, 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 Breaches of off icia l duty in connec tion with elec tion . 127L. (1) If any perso n in off icia l duty in con nection with a Panchaya t ele cti on to whom thi s Ac t ap pli es is wi thou t rea son abl e cause gui lty of any act or omissi on in bre ach of his off icia l duty, he shal l be p unishable with fine which may exte nd to five h undred rupees. An of fenc e pu nish ab le un de r this secti on shall be cogn izab le and b ai lable: Pro vid ed tha t no suit or o ther lega l procee dings shal l lie again st any such person for dam ages in re spe ct of any such ac t or om ission as a foresa id. (2) The pe rso n to whom this sec tion appli es are the Re tur nin g Off ice r, Assis tan t Returnin g Off ice r, Pre sid ing Officer, Po llin g Officer and any other person app oin ted to pe rfor m any du ty in co nn ec tio n wi th the re ce ip t of nomina tions or wi thd raw al of c andid atu re or record ing or co un tin g of vo tes at the Pa nc ha ya t El ec tio n and the ex pres sion 'Of fic ial du ty’ shall for the pu rposes of this sect ion be cons trued according ly, but shall not include dut ies impos ed othe rwise than by or und er th is Act. Penalty for Government servants for acting as elec tion agent or counting agent. 1 i ■ C ijSM 127M. If a ny per son in the service of the Go ver nm ent act s as an ele ction agent, or a pol ling agent or a cou ntin g ag en t of a cand idate at Panchaya t ele cti on , he sha ll be punishab le with impriso nment for a term which may extend to three mo nth s or with fine wh ich may exten d to one tho usa nd rupees o r wi th both. 1 | •• i , ar ■* 1 jt, a <1 An offenc e pun ishable under this s ection is cog nizabl e and bai lable. Removal of ballo t papers from poll ing 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 o r a ttem pts to take, a ba llot paper out of a po lling sta tion, or wi lfu lly aids or abets the doin g of any suc h act, sha ll be pun ishable with impri son me nt for a term which may extend to one year with fine which m ay extend to five hun dred rupees or w ith both. THE A SSAM GAZETTE. EXTRAORDIN ARY, MAR CH 30. 2000 301 If the Presid ing O fficer of a polling stat ion has reason to believe that a ny pers on is com mit ting or has com mitted an off ence punis hable under thi s sec tion , suc h off ice r may , before such pe rson leav es the p olling stat ion ar res t or direct a po lice off ice r to arre st such person and may sea rch such person or cause h im to be searched by a Police Office r : Pro vided tha t whe n it is necessary to cau se a w omen to be sea rched, the sea rch shal l be made by ano the r wom en with s tric t regard to decency . Any ba llo t pa pe r fou nd upon the perso n arr es ted on search shall be mad e over for safe custody to a police officer by the P res iding Off icer, or whe n the sea rch is made by a pol ice shall be kept by such officer in safe custody. » An of fenc e pu nish ab le un de r thi s sec tio n sh al l be cognizable and bailable. Offence of booth capturing. 127 O. Whoever com mits an offe nce of booth cap turing shall be pu nis hable with impriso nm en t for a term which sha ll no t be less than six months but which may extend to two ye ars and wi th fin e, and wh ere suc h of fen ce is comm itte d by a person in the s erv ice of the Government he sha ll be punis hab le with impri son me nt for a term which sha ll not be less than one y ear but which may extend to three years and with fine , wh ich may ex ten d to one tho usa nd rup ees o r w ith both. An off enc e pun ishable und er this sec tion is cog nizabl e and non-bail able . EX PL AN AT ION For the purpose of this sec tion "boo th cap tur ing " inc lud es among other things , all or any of the follo wing ac tivitie s, namely (i) seizur e or clo sur e of a pol ling sta tion or a place fixe d for the poll by a ny p erso n or persons makin g pollin g autho riti es sur ren der the ba llo t pap ers or voting machines and doing of any o the r act which affect the orderly conduct o f election, (ii) tak ing pos ses sion 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 al lowing only his or thei r ow n supp or ter s to exe rcise the ir r igh t to vote and preven t others from vot ing, 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 f raudulently 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) f raudulantly 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) withou t 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 Assistan t 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 Act 2 of summarily in the manner provided for summary 1974. , trial under the Code of Criminal Procedure, 1973-■ 304 THE A SSAM GAZETTE. E XTRAO RDINARY. MAR CH 30. 2000 Explanation For the purposes o f the foregoin g sections o f this Act, the wo rds "cognizable" and "N ila ble" sha ll have the meaning resp ec tiv ely assig ned to tnem in the Co de of Cr imina l Pro ced ure , 1973, (Ac t 2 of 1974)." ; C.ifO o M. K. DEK A, Secretary to the G ovt, of Assam, Legis lative Department. ■< j orb .no fif* ?.i 'ni ' ?rl) io jh no m i.y j • .rttrH fi<* ; ... HTT&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?. _____ GUWAIIATI - Printed & Published by the Dy. Director (P), Directorate of Ptg. & Sty., Assam, Guwahati (Ex-Gazette) No. 129-500-400- 30-3-2000.