(1) This Act may be called the Election Laws (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

Amendment to the Representation of the People Act, 1951

In the Representation of the People Act, 1951 (43 of 1951) (hereafter in this chapter referred to as the principal Act), in Section 59 for the words , and no votes shall be received by proxy , the words and, save as expressly provided by this Act, no votes shall be received by proxy shall be substituted.

For Section 60 of the principal Act, the following section shall be substituted, namely:

60. Special procedure for voting by certain classes of persons. Without prejudice to the generality of the provisions contained in Section 59, provision may be made, by rules made under this Act, for enabling

(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of Section 20 of the Representation of the People Act, 1950 (43 of 1950) (hereafter in this section referred to as the 1950 Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;

(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:

(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of Section 20 of the 1950 Act;

(ii) the wife of any such person to whom the provisions of sub-section (3) of Section 20 of the 1950 Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;

(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules;

(d) any person subjected to preventive detention under any law for the time being in force to give his vote by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules. .

In Section 62 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:

(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector. .

Amendment to the Indian Penal Code

In Section 171-D of the Indian Penal Code (45 of 1860), the following proviso shall be inserted at the end, namely:

Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector. .

1. Received the assent of the President on 22-3-2003 and published in the Gazette of India, Extra., Part II, Section 1, dated 24-3-2003, pp. 1-2, No. 27.

2. Ed.: Act 24 of 2003 repealed by Act 17 of 2015, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2015: 4. Savings. The repeal by this Act of any enactment shall not affect any Act in which such enactment has been applied, incorporated or referred to; and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing; nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed, recognised or derived by, in or from any enactment hereby repealed; nor shall the repeal by this Act of any enactment provide or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force.