.~
GOVERNMENT OF INDJA
MINISTRY OF HOME.AFFAIRS
SECRETARIAT OF THE CURDWARA
ELECTION COMMISSION
EXTRACTS FROM THE: SIKH GURDWARAS,
ACT, 1925.
PART I
.CHAPTER I
2. In this Act, unless there is any\hiJig repugnant' Definitions. in ~he subject' or context-
(I) "Board" means the Board constituted under Board the provision'of Part III.
(vii) "Minister" means,an office-holder to whom Minister either solely or along with others the control of the management or performance of public. worship in a Gurdwara and of the rituals and ceremonies, observed therein is entrusted:
Provided tha~ an office-holder to whom either solely or alongwith others the performance of public worship in a Gurdwara and of the rituals and ceremonies observed therein is not entruted directly shall not be deemed to be a MInister for the purpose of sections 134 and 135.
(6) "Prescribed" means prescribed by rules made 1'1(8)':~~:et::,: :ct.~ny place means.anypersonhaving a fixed place of abode or owning immovable property or cultivRling land or practising a profession(
or carrying on busin~ss, or personally working for gain,
in that place.
Prescribed
Resident.
1
! Sikh. Notified Sikh Gurdwara.
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(9) "Sikh" means a person who professes ~Sikh religion or. in the case of a deceased person. \Vho professed the Sikh religion or was known to be a Sikh during his life time. If any question arises as to whether any living person is or is not a Sikh, he shall be deemed respectively to be or not, to be a' Sikh according as be makes or refuses to make in such manner as the State Government may prescribe the following declaration :_ I solemnlY,affirm that I am a Sikh, that I believe in tbe Guru Granth Sahib, that I belieye
in the Ten Gurus, and that I have no other religion. ,
(10) "Amritdhari Sikh" means and 'includes every person who has taken Khande-ka-amrit or Khanda' pabUJ prepared and administerep according to the tenets of SiRh religi'on and'rites at the hands of five pyaras Or 'beloveil oneS'. /
(lO-A) 'Sahjdhari Sikh~ mean a person-
(i) who performs ceremOliies according to Sikh rites ;
(ii) wh,o does not use tobacco or Kutha (Halal meet) in any form;
(iii)" who is not a Patit ; and
(iv) who can recite Mul ~anter.
(II) "Patil" means a person who being a Kesha:
dhari Sikh trims or shaves his beard or keshas or who after taking amri~ commits anyone or \l\ore of (be 'four Kurahitl. I
(12) "Notified Sikh Gurdwara" means any gurdwara declared by' notiyication by the State Government under the provision of this Act to be a Sikh Gurdwara.
(15) "Election" means an t;le.ction to fill a seat Qt seats in the Board or Committee cons~ituted under Sec, ti0\15 43, 86 or 87.
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,.~) ':Constituency" means a constituency for the electIon of a member or members of the Board or Com- mittee.
(17) "Comlnissioner, Gurdwara Election" means the .officer appointed by the Government of ~he State of Punjab, Haryana or Himachal Pradesh or the Adminis- trator of the Union Terrijory of Chandigarh, as the case may be, to perform the duties of the Commissioner, Gur- lIlwara Elections in relation to the election of members of Committees constituted for the Notified. Sikh Gurdwaras locared wilhin the State or the Union Territ,ory. (l7-A) "Chief Commissioner, Gurdwara EleCli('ln~' !Deans t.be officer appomted by t e Central Government under section 47-A. -
PART TIl
CHAPTER V
40. For the purposes of this Act there shall be cons- tituted a Board and for every Notified Sikh Gurdwara a committee of management and there shall also be consti- tuted from time t6 time a Judicial Commission i~ the ma- nner hereinafter provided.
CHAPTER vI'
42. (I) The Board shall be known by such name as may be decided .upon at a general meeting of the first Board constituted under the provisions of this Act, provi- ded tbat not less than three-fifths of the members present at the meeting have voted in favour of the name Selected and that sucb name has been approved by ~he S'lat~ Government.
(2) If the Board fails to select a name in accordance '~ith the provisions of sub-section 0) or the name selected is not ~pproved by the State Government the Board sh~1I be designated the Central Board.
..' (3)' The Board shall by such name be Ii body ~Or- porate and sball have' a perpetual succession· and a CQ- inmon seal and shall -by such name Sue and be suee. /
Board, cQ=it-
tees and Com-
QjissioD to be
constituted for the purposes of _ this
Act. Name of Board
2
4
43-A. (1) Whenever a new Bo.ard within. t~~el ning of section 51 is constituted, It shall consist of_ .
(i) one 'hunderd and seventy elected membes;
(ii) the Head Ministers ofl~eDarbar ~ahib Amritsar, and the foJlowwg five Takha~ namely,-
the Sri Akal Takhat Sahib, Amritsar, the Sri Takhat Keshgarh Sahib, Anandpur.
"the Sri Takhat Patoa Sahib, Patoa, the Sri Takhat Hazur Sahib, Naoded; aad the Sri Takhat Damdama Sahib, Talwandi Sabo Bhatinda, Puojab; and '
(iii) fifteen members resident in India, of whom 'not more 'than five shall be residents 0 f PUnjab, co-opted by the .members of the Board' 'as described in clauses (i) and (ii).
(2) The Central Government shall, as Soon as may, be, call a meeting of the members of the Board described in clauses (i) and (i,) of sub-section(I)for the purpose of co-opting the members described in clause (iii) of that. sub-seetion, and after the members have been co:
opted" the. Central Government shall notify the fact of the Board having been duly constituted and the date ~f the publication of the noti,fication shall be deemed to be the date of the constitution of the Board.
44. (1) The elected members of the Board shall'be retu'rned from such constituencies as may be specified by the Central Government after' consultation with the' Boar~. and except as provided in sub-sections (02) and (3) each constituency shall return a single member.
(2) The Central Government shaH from time to time, and after such consultation with the Board as it considers proper, select twenty constiluencies and the cons(ituencies
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s~.ected shall be plural constituencies; each returning two members of whom one shall be a Sikh belonging to a~y of the Scheduled Castes notified as such under Article 341 of the .constitution of India and the other shall be a Sikh' who does not belong to any of those Scheduled Castes, ,
(3) The Central Government shall fro~ tim: to time and after such consultation with the Board or as it considers proper, select thirty constituencies, otber than those provided under suh-section (2), which shall be plural constituencies; each two members of ~hom one shall be a women ;
Provided that out of tbirty seats reserved for women five seats shall be reserved for women belonging to the Scheduled Castes.
45. .(1) A person shall ,not be eligible for election as member of the Board if such person- - (i) is of unsound mind;
(ii) is an undischarged insolvent;
(iii) is a patit ;
(iv) is a minister of a Notified Sikh Gurdwara,' , other 'than the head minister of tbe Darbar Sahib, Amritsar, 0': of one of the five Sikh Takhats specified in clause (ii) of 5ub-section
(1) of section 43 ;
(v) is a paid servant of any Notified Sikh Gur- dwara. or of the Board other than a member of the executive ~ommittee of the Board;
(vi) being a keshadhari Sikh is not a amritdhari ; (vii)
tak~s alcoholic drinks; .
(viii) not being a blind person cannot read and _ . write Gurmukhi.
Explanation-For purposes of clause (vlli) a person .s.hal] be deemed t9 be- able to':- / .' (a) read Gurmukhi if - he is able to recite Shri - Guru
ef deetcd
members.
Qualifications of nominated members.
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(b) write Gurmukhi if he fills his nominatio ~ for election to, ,the Board in Gurrn:~,~ bis'own bandwntlng. If any question ~"
d'dt"allswhelber a can I a e IS or IS not able t' II and write Gurmukhi the question Sb
o
, rta.
. all l, decided m such manner as may be pres . "'=
. ctlbtd (2) 1'l0 person shall be eligible for electio ' 'f h' . II ~, DleIllber of the Bo ard I e IS not regIstered o~ ~ '. ·~I .electoral roll of any constituency.
(;.A) 1'l0 person shall be eligible for election t , ,.0 tbe
Board if he is JesS than twenty-five ye~rs of age.
(3) '1'lo'twithstanding anything contained in S1Jh- section (I) no person 'shall be prevented from Standio a candidate for election as a member of the Board on&;:
around that he is patit ; but if a person elected is ther e after found under the provisions of section 84 to be :
• palit his election shall be void. . '
46. A Renon shall not be c&-opted to be a ~embtr of tbe BOard if he-
(i) _ is I~ss than twenty five years 61d;
(ii) is not a Sikh I tiii) is of unsound mind
(iv) is an undischarged insolvent;
(v) is a patit,;
(vi) is minister of a Notified Sikh Gurdwara other then the head minister of the Daibar' Sahib. Amritsar, or of any of the fi,~ Sikh Takhats specified in clause (ii) Qf sub-section (I) of section 43;
(vii) is a paid ser~ant of any Notified Sikh Gur- dwara or of the Board, other than a member of the executi,e committee of tho Board I
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~ • (viii) being a keshadhari Sikh is not a amrit- dhari :
(ix) takes alcoholic drinks;
(x) not being a blind person cannot read and write Gurmukhi.
ExpIQlIQtion.-For purposes of clause (x) a 'person shall be deemed to be able to--
(a) read Gurmukbi if he IS able to recite Shri quru Granth Sahib in Gurmukhi; and
(b) writb Gurmukhi if he is able(0commun- icale his consent to become a memher in Gurmukhi, in his own handwriting. If any question arises whether a candidate is or is not ahle to read or write Gurmu- khi the question sball be decided in such manner as may be prescribed.
47. Elections of members of the Board under the provisions of this Act shall hc held on dates to he fiKed by the Central Government.
47A. Superintendence, direction and control of election of Members of the Board,and of the Committees to 'be vested in the Gurdwara,Election Commission.-(I) .The superintendence, direction and control of the preparation of the electoral rolls for and the conduct of election of Members of the Board and of the Committees shall be vested in a Commission to be known as the Gurdwara Election Commission.
(I A) The Gurdwara Election Commission shall consist of the Chief Commissioner. Gurdwara ElecHo. who may perform such of his functions as e may consid« .ecessary through-the COm~issioner, Gurdwa-ra EleCti~_ concerDed.
Date of Board election.
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Docision as to whether a per-
son is or is
aot a patiC. Right to vote. trims or shaves his beard or keshas except in case of Sahajdhari Sikbs;
smokes:
takes alcoholic drinks.
(b)
(c)
(2) In any plural constituency as provided by sec- tion 44, the right of voting shall be exercisable in the following manner, that is to say, a vote may be cast for e'ach of the two candidates of who'm one shall be a Sikh belonging to any of the Scheduled Castes referred to in sub-section (2) of section 44 and the other shall 'be a Sikh who does oot belong to any of those Scheduled Castes.
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50, (1) Every person registered on theoelectoral roll for !he time beiog in force for any constituency for the election of a member or membcrs of the Board shall be entitled while so registered, to vote at an election of a member or members for that constituency, provided that no person shall be entitled !o vote at an election in more than one constituency.
CHAPTER VII
THE JUDICIAL COMMISSION
84, If it is necessary to decide for the purpose of the constitution of the Board or a committee, under the provisions of this Act, whether a person has or has ~~t beccme a patit the queslion shall, on application b~lDg made thereto for this purpose, be decided by the Commission.
~) is a Sikh more than twenty-one years of age, who has I\ad his name registered as a voter in such manner as may be precribed;
Provided tbat no person shall be registered as an elector who-
(a)
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'48. An electoral roll shall be prepared in su II :~nner as may be prescribed for every constituency, :n' ch sh~1J be entereq the names of all persons entitled' ~o be reglstc;,red as voters ip that constituency,
. ,49. Ever~ person shall be entilled to have his nam~ regJster~d on the electoral roll of a' r .,tut d fJ h • cons Huency const!·
. e o~ t e election of a member or members' of' the Board, who is a 'd .. . res, ~nt II) that. constituency and-
(i) *
(2) The Government of the Stat:, of P.u~jab,Rl\~ JIimachal Pradesh or the AdmlDlstrator i. C d
· of th
Union Territory of han Igarh shall wh' t required by the Gurdwara Election C eo SQ OIlJOl.' ssion makel:tvailable to the Gurdwara EI . [- , . C' , eetlo
C mlJ1JSSlOn or to the ommlsslOner, Gurdwa II Elections concerned" such staff and ra , , ' b'd Other
faCIlities as may e consl ered necessar the performance of t~e function.s conferr~dfor the Gurdwara ElectIOn Commission b Oil . Y sub sec!ion(l). -
(3) The staff made available under sub-sect,'.
oo(~ and all other officers and staff engaged in the work of preparation of electoral rolls • the conduct of elections under this Act, sha~~~ 'deemed tu be on deputation to the Gurdw
EI
' C" aaectlon OmmlSSlon for the period co
. d ~ mOl.- enclDg on an lrom the date which!Da b 'f' bYenotl led y the Gurdwara Ejection Com "mssJOn and ending with the date of due. , coo· slJtutlon of the Board and of Comm,'t •. ' tees and accordmgly such staff shall during th
. db" at, peno e subject to the control, superinteii. dence ,and discipline of the Gurdwara Electioo Commission.
Electoral roll.
Qualifications
of electors,
Prohibition of
puhlic meetings
on che Election day.
Disturbances at
election meet-
ings. Maintenance of secrecy of vot- ing.
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CHAPTER XUI Ii..
ELECTORAL OFFENCES
149. (1) No person shall convene. hold Or at , . t" ten~
any public meeting Wltl~JD any cons Ituency on the d or dates on which a poll is taken for an election a.1t
. ~ that constituency.
(2) Any person who contravenes the provisions sub-section
(I) shall be punishable with fine which III0 extend to two hundred and fifty rupees. a~
150. (I) Any person who at a pUblic meetin
. . . g ~ which this section apphes acts. or mCltes others to aCt ... in a disorderly manner for the purpose of preventing tb"
transaction of the business for wh}ch the meeting Vi e called together. shall be punis?able with fine which 111:; extend to twq hundred and fifty rupees.
(2) This section applies to any ~ub1ic meeting of a political character held in any conSl1luency' between the date of the issue of a nolice under the SIkh Gurdwaras Board or Committee Election Rules, framed under, this Act caning upon the c~nsituency to elect a member Or members and the date on which such electi0!l is held.
(3) If any police officer reasonably suspects' any person of committing an offence under sub-section (I), he may, if requested so to do by the Chair~an of the meeting. require that person to declare to him immedia. tely his name and address and, if that person refuses 'or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false I)ame or address, the police officer may anest hi~ wit~out warrant.
151. (I) Every officer, clerk, agent or other person who performs any duty in connection with the recoroiDC or counting of votes at an election shall maintain, and
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aid~' 'lnaintliining, the secrecy of the voting and shall not (except for some purpose authorised by or under any Jaw) communicate \0 any person. any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (I) shall be puniShable witli imprisunment for a term which may extend to three months or with Ine or with both.
152. (I) No person who is a Returning Officer or a presiding or polling officer at an election. or an officer or clerk appointed by the Returning Officer or the presi- ding officer to perform any duty in connection with an election shall in the conduct or the management of the election do 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 endeavour :-
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving bis vote at 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 (I) or sub-section (2) shall be punbhable with imprisonment which may' extend to six months or with fine or with both.
153. (I) 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
Officers, etc. at electiorlJ not to act for candida- tes or 10 influ- ence voting.
Ptohibition of
CODvasslOg in O[
near polling stations.
6
Pm.lty for dis-
orderly conduct"
io or near poll- iog station.
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public or private place ~ithin a dist~nce of one h~r~c1 yards, of the polling statIon, namely .-
(a) canvassing for votes; or
(b) soli<;iting 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 elec_ lion; or
(e) exhibiting any notice or sign (other than all.
official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (I) shall be punishable with fine which may extend to two hundred and fifty rupees. (3)' An offence punishable under this section shall be cognizable.
154. (I) No person shall, on the date or dates on which a poll is taken at any polling station,-
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood tbered, any apparatus for amplifying or reproducing the humlln voice, such as a megaphone or a loud-speaker•• or
(b) shout. or otherwise act in a disord~r1y manner; within or at the entrance of the polling station or in any public or private place in the neighbourbood thereof so as to cause annoyance to any person visiting the
pollin~
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.....j-, station or 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 wbo contravenes, or wilfully aid. or abets the contravention of. the provisions of sub- section (I) sball be punishable with imp,risonment which may extend to three months or with fine or with both ..
(3) If the presiding officer 'of a polling station bal reasons to believe that any person h committing 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.
(4) Any police officer may take such steps and use such force, as may be reasonably necessary for prevent- ing any contravention of the provisions of sub-section (I); and may seize any apparatuS used for such contravention.
155. (1) Any person who during the hours fixed for the poll al any polling station misconducts himself or fails to obey the lawful directions of Ihe presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf ~y such presiding officer.
(2) Tbe powers confened by sub-section(I)sball 110t be exercised so as to prevent any elector who is otherwise entitled to vote at a polling stalion from having an opportunity of voting at that station.
(3)
If any person who "as been so removed from a polling station re-enters the polling station without the permission' qf the presiding officer, he shall be punish- able with imprisonment for a term which may extend to three months or with fine or with hoth.
Penalty for mis-
tonduct al the
pollIng stalion
158, (I) Any person wbo at any eJection fraudqlently ta,kes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets tbe doing of al)Y suchac~, 'Sball be punishable with imprisonment for a term which
(3) The persons to whom this section applies are the Deputy Commissioners, Returning Officers, Presiding Officers, Polling Officers and any other person appointed to perform any duty in conn~ction with the preparation of an electoral roll, the receipt of nominations or withdrawal flf candidatures. or tbe recording or counting of votes at 'an eleetion; and the expression "official duty" sb~ll fOl tbe purposes of tbis section be construed accordingly, -but sbaJi not include duties imposed otberwise than by or under tbe Sikh Gurdwaras Board or Committee Election Rules framed under tbis Act.
(2) 'No suit or other legal proceedings sball lie against any such person for damages in respect of ,any such act or omission as aforesaid.
Other offences
aod penahies
t~efot
JD IItend to one year or with fine which may ~xtend (~ five 'hundred rupees or.with both.
(2) If the presiding officer of.a pollin~ ~tation has reason to believe that any person, IS commlllJng,or has commitred an offence punishable under sub-secuon (.1), sucq officer may, before such person leaves the polling station, arrest or direct police officer to arrest such penon and ,may search such person or cause, hIm to be searched by a police officer;
Provided that wilen it is necessary to cause a women to be searched, the seareb shall be made by another women with strict regard to decency.
(3) Any ballot paper found upon tbe person arrest,ed on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by police officer, shall be kept by such officer in safe custody.
(4) An offence puniShable under sub-section(1) shall be. cognizable.
159 (1) A person shall be guilty, of an electoral offence if at any election he-
(b) fraudulently defaces, destroys or removes aoiY list, notice or other document affixed by or unde'r the authority of a Returning Officer; or
(c) fraudulently defaces or fraudulently destro)'s ao~ ballot-paper or the official mark, if any, on any ballot-paper or any declaration of identitY or
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
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~
sub,section (3) under
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(4) An offence punisbable sball be cognizable, ]56. If any person is guilty of any sU~h corrUpt 'practice'in respect of iJlegal hiring or procurlDg of cOQ. veyances ns is specified in tbe Slkb Gurdwaras Electio~ Enquiries Rules, framed under this Act at or in connee. lion with an election, be shall be punisbable with fine which may extend to two hundred and fifty rupees. ]57. (1) If any person to y,'hom this section apPlie is without reasonable cause guilty of any act or omis_ sion in breach of his official duty, he shall be punishable witli fine which may extend to five hundred rupees. Penalty for iIIe-
. gal hiring or prt'curing of conveyances at ejections..
Breaches of o f,cial-July in
connection witb
, elections Removal of ballot pape.s from poll. ing sialion to be, an offence.
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Amendment of Act Y of 1898.
Prosecution regarding certain offences
(i) in the entry relating to section 171-F of the Indian Penal Code (Act XLVofI~60)fwm (a). in section 196, after the word and figures ."sec- tion 127" the words, figures and letter "and section 171-F; so for as it relates to the'offence of personation" shall be inserted;
(b) in Schedule 1I-
161. For the purposes of elections under this Act, in the Code of Criminal Procedure, 1898-
(2) No court should take cognizance of any offence ,pu!,ishable under section 152 or under section 157 or under clause (a) of sub-section (2) of section 159 unless there is a complaint' made by order. or under autho- rity from. the Elections Gommissioner.
(4) An offence punishable under clause (b) of sub- section (2) shall,becognizable.
160. (l) If the Elections Commissioner bas reason to believe that any offence punishable under section 152, or under section 157, or under clause (a) of sub-section (2) of section 159 has. been committed in reference to any election, it shall be the duty of the Elections Commissioner to cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case may app- ear to him to require.
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official (nvelope used in j:onnection With ..... by sp(clal ballot-paper; or VO!iQt the~nting of votes or to be responsible after an election for the used ballot-papers and other documents in connec-
tion with such election, but the expression "official duty"
shall not include any duty imposed otherwise tban by or
under the Sikh Gurdwaras Board or Committee Election
Rules, framed under this Act.
(d) without due authority supplies any baIJot-pa to any persion ; or Pet
(e) fraudulently puts into any ballot·box other than the ballot-paper which he a.nYtbing IS aUth.
orised by law to put in ; or
(f) without due authority destroys, takes, Opens otherwise interferes with any ballot-box or b lor . a~ papers then ID use for the purposes of t • election; or .he
(g) fraudulently or without due authority, as· tb case may be, attempts to do any of the foregoinC acts or wilfully aids or abets the doing of an& such act,. y
'(2) Any person guilty of an electoral of~ence
under this section shall-
(a) if be is Returning Officer or a Presidtng Off'. . ~. at a pollIng sta~i~n or any. other officer or derla. empJ~yed on offICIal duty ID connection with the election, be punishable with ir>::prisonment for t~rm Whi~h may extend to two years or Wit:
f)De or WIth both ;
(b) if. he is any other p~rson, be punishable with im- prISonment for a term which may extend to twe years or with fine or with both.
. (3) For 'he purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election includinJ:
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. ./~~ the paragraph in column, 2, the vIords
"and personation" shall be omitted;
(ii) , after the paragraph in column 2 of the said entry as so amended, the following para- graph shall be'inserted, namely :-
"Personation at an election" ;
(iii) in column 3, opposite the paragraph inserted by sub-clause (ii), the following paragraph shall be inserted, namely :- .
"May arrest without warrant" ; , ,
(iv) in columns 4, 5, 6, 7 and 8, opposite the para- graph inserted by sub-clause (ii) the words
"Ditto" shaH be inserted;
(b) in the entry relating to section 171-G of the Indian Penal Code, in column 3, for the word "Ditto" the words "shall not arrest with<;ut warrant" shall 'be substituted, Punjab Govt; Press, Mohali/4333/1000 (Cream Wove)