The Assam Panchayat (Amendment) Act, 1999
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**Reg istered No.76 8/97**

# THE ASSAM GAZETTE

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## EXTRAORDINARY

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### PUBLISHED BY AUTHORITY

65 T 30 Vt6, 2000, 10 5 X 1922 ( ^ )

No. 65 Dispur, Thursday, 30th March, 2000, 10th Chaitra, 1922 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

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**NOTIFICA TION**

The 20th December, 1999.

No. LGL. 146 /98/19 .- The follow ing Act of the Assam Legislative

Assembly which received the assent of the Governor is hereby published
for general information.


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294 THE A SSAM GAZETTE, EXTRAORDINARY, MARCH 30, 2000

ASSAM ACT NO. XXV OF 1999

(Received the assent of the Governor on 15th December, 1999)

TH E ASSAM PANCHAYAT (AMENDMENT) ACT, 1999.

AN

ACT

further to amend the Assam Panchayat Act, 1994.

**Pre am ble.** Whereas it is expedient further to amend the **Assam Act**

Assam Pa nc ha ya t Act, 1994, he re-in-after **No. x v m**
referred to as the principal Act, in the manner o f 1 9 9 4             -

here-in-after appearing;

It is hereby enacted in the Fiftieth Year of the Republic of

India as follows :-

**Short** **title,** 1. (1) This Ac t may be called the Assam Panchayat

**exten t and** (Amendment) Act, 1999.
**com m ence­**

(2) It shall have the like extent as the principal Act.

**m en t.**

(3) It shall come into force at once.

**Amend ment of 2.** j n the principal Act, in section 2, after clause (41), the

follow ing new clauses (42), (43) and (44) shall be inserted,
namely :-

"(42) "Moral Turpitude" means an act that gravely violet

the moral sentim en t or accepted moral standard of
community or fellowmen ; i

\

(43) "Uncertified bankrupt" means bankrupts who are not

granted Certificate of discharge from their existing d ebt;

(44) "Undischarged insolvent" means insolvent who are

not discharged from future liability for deht then existing."

Amendment of 3. In the principal Act, in section 114, the existing
**Se ction** 114. sub-section (4) shall be re-numbered as sub-section (5), and
after sub-section (3), the following new sub-section (4) shall
be inserted, namely :-

"(4) The Returning Officers, Assistant Re turning

Officers, Presiding Officers, Polling O fficers and any other
officer appointed under this Act and any Police Officers
designated for the time being by the State Governm ent fo r
the conduct of the Panchayat Election shall be deemed to be


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THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 30, 2000 295

on deputation to the State Election Comm ission for the
period comm encing on and from the date of notification
calling for Panchayat Election and ending with the date of
declaration of the results of the election and accordingly such
officers shall during that period be subject to the control,
su pe rinten de nc e and disciplin e of the State Election
Commission".

**In se rt io n** **of** 4. In the principal Act, after section 127, the following

**new** **Sec tion**

**127A to** new section 127 A to 127 R shall be inserted, namely
**1 2 7 R .**

#### Promoting enmity between classes in connection with election.

127A. Any person who in connection with Panchayat

Election prom otes or attemps to promote on grounds of
religion, race, caste, comm unity or language, feelings of
en mity or hatre d between differen t classes shall be
punishable with imprisonment for a term which may extend
to three years, or with fine to the extent of one thousand
rupees or with both.

An offence pu nishable under this section shall be

cognizable and bailable.

#### Prohibition of public meeting on the day
 preceeding the election day and on the election day.

127B. Any person who convenes, holds or attends any

public meeting in any polling area during the period o f forty
eig ht hours ending with the hour fixed for the conclusion of
the poll for Panchayat election in that polling area shall be
punishab le with fine which may extend to two htmdred and
fifty rupees.

An offence punishable under this section shall be

cognizable and bailable.

\

#### Disturbances at election meeting.

127C. Any person who at a public meeting of political

ch arac ter held lawfully between the date of issue of
notification o f Panchayat election and date fixed for ending
election canvases, acts or incites others to act in a disorderly
ma nner for the purpose of preventing the transaction o f the


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296 THE A SSAM GAZETTE, EXTRAORDINARY, MARCH 30, 2000

bu siness for wh ich the meeting was called, shall be
punishable with im prisonment for a term which may extend
to three mo nths or with fine which may extend to one
thousand rupees or with both.

An offence punishable under this section shall be

cognizable and bailable.

##### Restriction on the printing of pamphlets
 posters etc.

127D. (1) No person shall print or publish, or cause to be

printed or published, any election pum phlet or poster which
does not bear on its face the names and address of the printer
and the publisher thereof.

(2) No person shall print or cause to be printed any

election pumphlet or poster-

fa) unless a declaration as to the identity of the publisher

thereof,' signed by him and attested by two person to whom
he is personally know , is delivered by him to the printer in
duplicate, and

(b) unless within reasonable time after the printing of the

document, one copy of the declaration is sent by printer
together with one copy of the document to the District
Returning Officer (District Magistrate) of the district where it
is printed.

Any person who contravenes any of the provision of

su b- se ction (1) and (2) shall be pu blisha ble with
imprisonment for a term which may extend to six m onths or
with fine w hich may extend to two hundred rupees or with
both.

An offence punishable under this section is cognizable

and bailable.

##### Maintenance of secrecy of voting.

127E. Every officer, Assistan t Agent or oth er person

who perform any duty in connection with the recording or
counting of votes in Panchayat election shall maintain the
secrecy of the voting and shall not (except for some purpose
authorised by or under any law) communicate to any person
any information calculated to violate such secrecy.


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THE ASSAM GAZETTE , EXTRAORDINARY, MARCH 30, 2000 297

Any person who contrav enes this provision shall be

punishable with im prisonment for a term which may extend
to three mo nth s or with fine which may extend to five
hundred rupees or with both.

An offence under this section is cognizable and bailable.

##### Officers etc. at election to act for candidates or
 influence voting.

127F. Any person who is a Returning Officer or an

Assistant Returning Officer or a President or Polling Officer
at a Panchayat Election or an officer or A ssistant appointed
by the Returnin g Officer or by the Presiding Officer to
perform any duty in connection with a Panchayat election or
a member or a Police force on duty shall not endeavour -

(i) to persuade any person to giv e his vote at a

Panchayat Election,

(ii) to dissuade any person from giving his vote at a

Panchayat Election,

(iii) to influence the voting of any person at a Panchayat

Election in any manner.

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» Any person who contravences these provisions shall be

  - punishable with imprisonm ent which may extend to six
mo nths or with fine, which may extend to two hundred
rupees or with both.

An offence pu nishable under this section shall be

congnizable and bailable.

##### Prohibition of canvassing in or near polling
 stations .

127G. No person shall, on the date or dates on which

po ll is tak en at any pollin g station commit any of the
follow ing station or at any public or private place within a
distance of one hundred me tres of the polling station,
namely

(i) canvassing for votes, or

(ii) soliciting the vote of any elector, or

(iii) persuading any elector not to vote for any particular

candidate, or

(iv) persuading any elector not to vote at the election, or


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##### 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.

 Penalty for disord erly conduct 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


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##### 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 of 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 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 failure 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.

 Penalty for liable hiring or procuring of conveyances 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 connection 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.


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300 THE ASSAM GAZETTE, EXTRAORDINARY, MARCH 30, 2000

##### Breaches of official duty in connection with
 election .

127L. (1) If any person in official duty in con nection

with a Panchayat election to whom this Act applies is
without reasonable cause guilty of any act or omission in
breach of his official duty, he shall be punishable with fine
which may extend to five hundred rupees.

An offence punishable under this section shall be

cognizable and bailable:

Provided tha t no suit or other legal proceedings shall lie

against any such person for damages in respect of any such
act or omission as aforesaid.

(2) The perso n to whom this section applies are the

Returnin g Officer, Assistant Returning Officer, Presiding
Officer, Polling Officer and any other person appointed to
pe rform any duty in conn ectio n with the receipt of
nominations or withdraw al of candidature or recording or
coun tin g of votes at the Pa nchayat Electio n 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.

##### Penalty for Government servants for acting as
 election agent or counting agent.
1 i                                                    - C ijSM

127M. 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 at Panchayat ele ction, he shall be
punishable with imprisonment for a term which may extend
to three mo nth s or with fine which may extend to one
thousand rupees or with both.

_1_ _| ••_ _i_ , ar ■* 1jt, _a <1_
An offence punishable under this s ection is cognizable

and bailable.

##### Removal of ballot papers from polling station
 to be an offence.

127N. Any person who at the Panchayat Election

fraudulantly take or attempts to take, a 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 with fine which m ay extend to
five hundred rupees or with both.


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THE ASSAM GAZETTE. EXTRAORDINARY, MARCH 30. 2000 301

If the Presiding O fficer of a polling station has reason to

believe that any person is com mitting or has com mitted an
offence punishable under this section, 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 a Police Officer :

Provided that when it is necessary to cause a w omen to

be searched, the search shall be made by another wom en
with strict regard to decency.

Any ballot paper found upon the person arrested on

search shall be made over for safe custody to a police officer
by the P residing Officer, or when the search is made by a
police shall be kept by such officer in safe custody.
»

An offence punishable under this sec tion shall be

cognizable and bailable.

##### Offence of booth capturing.

127 O. Whoever com mits an offence of booth capturing

shall be punishable with imprisonm ent for a term which
shall not be less than six months but which may extend to
two years and with fine, and wh ere such offen ce is
comm itted by a person in the service of the Government he
shall be punishab le with imprisonment for a term which
shall not be less than one year but which may extend to three
years and with fine, which may extend to one thousand
rupees or with both.

An offence punishable under this section is cognizable

and non-bailable.

EXPLAN ATION For the purpose of this section "booth

cap turing" includes among other things, all or any of the
following activities, namely

(i) seizure or closure of a polling station or a place

fixed for the poll by any person or persons making
pollin g authorities surrender the ballot papers or
voting machines and doing of any other act which
affect the orderly conduct of election,

(ii) taking possession of a polling station or a place

fixed for the poll by any person or person s and
allowing only his or their own supporters to
exercise their right to vote and prevent others from
voting,


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##### 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
 ballot 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


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##### 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 Act 2 of
 summarily in the manner provided for summary 1974. , trial under the Code of Criminal Procedure, 1973-
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304 THE A SSAM GAZETTE. EXTRAORDINARY. MARCH 30. 2000

##### Explanation

For the purposes o f the foregoing sections of this Act, the

words "cognizable" and "N ilable" shall have the meaning
respectiv ely assigned to tnem in the Code of Criminal
Procedure, 1973, (Act 2 of 1974)."

; C.ifO

M. K. DEKA,

Secretary to the Govt, of Assam,

Legislative Department.

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GUWAIIATI - Printed & Published by the Dy. Director (P), Directorate of Ptg. &

Sty., Assam, Guwahati (Ex-Gazette) No. 129-500-400- 30-3-2000.


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