Himachal pradesh act 023 of 2000 : Himachal Pradesh Municipal (Amendment) Act, 2000

Section 1. Short title

1. Short title.- This Act may be called the Himachal Pradesh Municipal (Amendment) Act, 2000.

Section 2. Amendment of section 10

2. Amendment of section 10.- In section 10 of the Himachal Pradesh Municipal Act, 1994 (12 of 1994) (hereinafter referred to as the principal Act), in sub-section(3),

(a) after the words "be the members" but before the words "and the State Government", the words "with voting right" shall be inserted: and

(b) in proviso, for the word "persons", the words "nominated members" shall be substituted.

Section 3. Amendment of section 16

3. Amendment of section 16.- In section 16 of the principal Act, in sub-section (1)

(a) in clause (d), for the words "election offence", the words "electoral offence under Chapter XVII-A of this Act or" shall be substituted;

(b) after clause (d), the following clause shall be added, namely:-

"(dd) if he has incurred more expenditure than proscribed under section 17-A or has failed to lodge account under section 17-B within thirty days of the declaration of the result of the election, or and

(c) after clause (m), the following new clauses shall be added, namely:-

"(n) if he has made any false declaration as required under this Act or the rules made thereunder; and

(o) if he has more than two living children:

Provided that the disqualification under clause (o) shall not apply to a person who has more than two living children on the date of commencement of the Himachal Pradesh Municipal (Amendment) Act, 2000, or, as the case may be, within a period of one year of such commencement, unless he begets an additional child after the said period of one year.".

Section 4. Amendment of section 17-A

4. Amendment of section 17-A.- In section 17-A of the principal Act.

(a) in the heading between the words "maximum" and "thereof", the word "limit" shall be inserted; and

(b) lifter the word "agent", wherever it occurs, the weirds and sign "or by any other person with his authority, consent or knowledge" may be inserted.

Section 5. Amendment of section 17-B

5. Amendment of section 17-B.- In section 17-B of the principal Act between the word "agent" and "under", the words and sign "or by any other person with his authority consent or know ledge", may be inserted.

Section 6. Amendment of section 19

6. Amendment of section 19.- In section 19 of the principal Act after sub-section (1). the following proviso shall be inserted, namely:-

"Provided that where the remainder of the term is less than six months, it shall not be necessary to hold any bye-election to fill-up such casual vacancy.".

Section 7. Amendment of section 281

7. Amendment of section 281.- In section 281 of the principal Act, after clause (2), the following clauses shall be added namely:-

"(3) The Governor shall, when so requested by the State Election Commissioner, make available to him such staff as maybe necessary for the discharge of the functions conferred on him under this Act.

(4) The officers or staff so employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of election shall be deemed to be on deputation with the State Election Commission for the period during which they are so employed."

Section 8. Insertion of section 281-A

8. Insertion of section 281-A.- After section 281 of the principal Act the following new section shall be inserted, namely:-

"281-A. Requisitioning of premises, vehicles etc., for election purpose.- (1) If it appears to the State Government that in relation to the municipalities.

(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or

(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the State Government, may by order in writing, requisition such premises, or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to it to be necessary or expedient in connection will; the requisitioning:

Provided that no vehicle vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election,

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the State Government to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such properly is required for am of the purposes mentioned in that sub-section.

(4) In this section-

(a) "premises" means any land, building or part of building and includes a hut, shed or other structure or any part thereof; and

(b) "Vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise,".

Section 9. Insertion of section 284-A

9. Insertion of section 284-A.- After scction 284 of principal Act, following new section shall be inserted, namely:-

"284-A, Parties to the petition.- A petitioner shall join as respondent to his petition,

(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

(b) any other candidate against whom allegations of any corrupt practice are made in the petition,

Section 10. Amendment of section 303

10. Amendment of section 303.- In section 303 of the principal Act, in clause (a), after the words "constituencies", the words "or the allotment of seats in such constituencies" shall be inserted.

Section 11. Insertion of Chapter XVII-A

11. Insertion of Chapter XVII-A.- After Chapter XVII of the principal Act, the following Chapter shall be inserted, namely:-

"CHAPTER XVII-A

ELECTORAL OFFENCES

304-A. Promoting enmity between classes in connection with the election.- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or halted, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.

304-B. Prohibition of public meetings during period of forty-eight hours ending with hour fixed for conclusion of poll.- (1) No person shall-

(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or

(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or

(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto; in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of poll for any election in that polling area.

(2) Any person who contravenes the provision of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years, or with fine or with both.

Explanation.- In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.

304-C. Disturbances at election meetings.- (1) Any person who at a public meeting to which this section applies acts or incites others to act in disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(2) An offence punishable under sub-section (1) shall be cognizable.

(3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon constituency to cleat a member or members and the date on which election is held.

(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the Chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

304-D. Restrictions on the printing of pamphlets, posters etc.- (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on in face the names and addresses of the printer and the publisher thereof.

(2) No person shall print or cause to be printed any election pamphlet or poster-

(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known is delivered by him to the printer in duplicate; and

(b) unless within reasonable lune after the printing of the document, one copy of the declaration is sent by the printer together with one copy of the document-

(i) where it is printed in the Capital of the State, to the Chief Electoral Officer; and

(ii) in any other case, to the District Magistrate of the district, in which it is printed.

(3) For the purposes of this section,-

(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be pended and the expression "printer" shall be construed accordingly; and

(b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or am placard or poster having reference to an election, but does not include any hand-bill placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a tens which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

304-E. Maintenance of secrecy of voting.- (1) Every Officer, Clerk, Agent or other person who performs, any duty in not mention with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for sonic purpose authorised by or under any taw) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or will] fine or with both.

304-F. Officers etc. at elections not to act for candidates or to influence voting.- (1) No person, who is district election officer or a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election, shall in the conduct or the management of the election to any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate.

(2) No such person as aforesaid, and no member of a police force, shall endeavor,-

(a) to persuade any person to give his vole at an election; or

(b) to dissuade any person from giving his vote in an election; or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment which may extend to six months, or with line, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

304-G. Prohibition of canvassing in or near polling stations.- (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred metros of the polling station, namely:-

(a) canvassing for votes: or

(b) soliciting the vote of any elector; or

(c) persuading any elector not to vote for any particular candidate, or

(d) persuading any elector not to vote at the election; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

(2) Any person who contravenes the provision of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.

(3) An offence punishable under this section shall be cognizable.

304-H. Penalty for disorderly conduct in or near polling stations.- (1) No person shall on the date or dates on which a poll is taken at any polling station,-

(a) use or operate within or all the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud speaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the poling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or willfully aid or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment which may extend to three months, or with fine, or with both.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and there upon live police shall arrest him.

(4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

304-I. Penalty for misconduct at the polling station.- (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or Tails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duly or by any person authorised in this behalf by such presiding officer.

(2) The powers conferred be sub-section (1) 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 station.

(3) If any person who has been so removed from a polling station 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, or with fine, or with both.

(4) An offence punishable under sub-section (3) shall be cognizable.

304-J. Penalty for failure to observe procedure for voting.- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting, the ballot paper issued to him shall he liable for cancellation.

304-K. Penalty for illegal hiring or procuring of conveyance at elections.- If any person is guilty of any such corrupt practices as specified in sub-section (6) of section 301 of this Act at or in connection with an election, he shall be punishable with imprisonment which may extend to three months, or with fine.

304-L. Breaches of official duty in connection with election.- (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breath of his official duly be shall be punishable with fine which may extend to five hundred rupees.

(2) An offence punishable under sub-section (1) shall be cognizable.

(3) No suit or other legal proceedings shall he against any such person for damages in respect of any such act of omission as aforesaid.

(4) The persons to whom this section applies are the district election officers, returning officers, assistant returning officers presiding officers, polling officers, and any other person appointed to perform any duty in connection with the receipt or nominations or withdrawal of candidature or the recording or counting of votes at an election; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

304-M. Penalty for Government servants for acting as election agent, polling agent or counting agent.- If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate all an election, he shall be punishable with imprisonment, for a term which may extend to three months, or with fine, or with both.

304-N. Prohibition of going armed to or near a polling station.- (1) No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duly at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of polling station.

(2) If any person contravenes the provision of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

(3) Notwithstanding anything contained in the Amis Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such anus shall be deemed to have been revoked under section 17 of that Act.

(4) An offence punishable under sub-section (2) shall be cognizable.

304-O. Removal of ballot papers from polling station to be an offence.- (1) Any person who at any election unauthorizedly takes, or attempts to take, ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committed or has committed an offence punishable under sub-section (1), such officer may before such person leaves the polling station arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by the police officer:

Provided that when if is necessary to cause a woman to be searched the search shall be made by another women with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be handed over for safe custody to a police officer by the presiding officer, or when his search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall he cognizable.

304-P. Offence of booth capturing.- Whoever or commits an offence or booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years, and with fine, mid where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five 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 a person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of election;

(b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and percent others from free exercise of their right to vote;

(c) coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling slat ion or a place fixed 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: and

(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.

304-Q. Grant of paid holiday to employees on the day of poll.- (1) Every person employed in any business, trade, industrial undertaking or my other establishment and entitled in vole at election to the Municipalities shall, on the day of poll, be granted a holiday.

(2) No deduction or abatement of the wages of any such person shall be made on account of a holiday having been granted in accordance with sub-section (1) and if such person is employed on the basis that he would not ordinarily receive wages for such a day he shall nonetheless be paid for such day the wages he would have drawn had not a holiday base granted to him on that day.

(3) If an employer contravenes the provisions of sub-section (1) or sub-section (2), then such employer shall be punishable with fine which may extend to five hundred rupees.

(4) This section shall not apply to any elector whose absence may cause danger or substantial loss in respect of the employment in which he is engaged.

304-R. Liquor not to be sold, given or distributed on Polling day.- (1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, catering house, tavern, shop or any other place public or private, within a polling area during the period of forty-right hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed off in such manner as may be prescribed.

304-S. Other offences and penalties therefor,- (1) A person shall be guilty of an electoral offence if at any election he-

(a) fraudulently defaces or fraudulently destroys and nomination paper; or

(b) fraudulently defaces or fraudulently destroys or removes any list, notice or other document affixed by or under the authority of returning officer; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper of any declaration of identity or official envelop used his connection with voting by postal ballot; or

(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or

(e) fraudulently puts into any ballot box anything oilier than the ballot paper which he is authorised by law to put in or

(f) without clue authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for purposes of the election; or

(g) fraudulently on without due authority, as the case may be attempts to do any of the foregoing acts or willfully vide or abets the doing of any such acts.

(2) Any person guilty of an electoral offence under this section shall-

(a) if he is a resuming officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; and

(b) if there is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both; and

(3) For the purposes of this section, a person shall be deemed to be on official duly if his duly is to take part in the conduct of an election or part of an election including the counting of voles or to be responsible alter an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.

(4) An offence punishable under sub-section (2) shall be cognizable."