रजिस्ट्री सं० डी० एल०(एन) 04/0007/2003-09 REGISTERED NO . DL- ( N) 04/0007 /2003-09
भारत का राजपत्र The Gazette ofIndia
असाधारण
EXTRAORDINARY
भाग II - खण्ड 1
PART II- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 48]
नई दिल्ली, बुधवार, दिसम्बर 23 , 2009/ पौष 2 , 1931
No. 48] NEW DELHI, WEDNESDAY, DECEMBER 23 , 2009 / PAUSA 2, 1931
भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
इस Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
NewDelhi, the 23rd December, 2009/Pausa 2 , 1931 (Saka)
The following Act of Parliament received the assent of the President on the 22nd December, 2009 , and is hereby published for general information:-
THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2009
No. 41 OF 2009
[22nd December, 2009]
AnAct further to amend the Representation of the People Act , 1950 and the Representation ofthe People Act, 1951 .
Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Representation of the People (Amendment)Act, 2009. Short title and commence- ment .
(2) It shall come into force on such date as the Central Government may, by notification inthe Official Gazette , appoint .
CHAPTER II
AMENDMENTS TD THE REPRESENTATION OF THE PEOPLE ACT , 1950
43 of 1950 .
2. In section 24 of the Representation of the People Act , 1950 ,---
Amendment of section 24 .
(i) in clause (a) , for the words " chief electoral officer" , the words " district magistrate or additional district magistrate or executive magistrate or district collector or an officer of equivalent rank " shall be substituted;
2
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
(ii) after clause (a) , the following clause shall be inserted , namely:-
"(b) to the chief electoral officer , from any order of the district magistrate or the additional district magistrate under clause (a) . " .
43 of 1950 .
Amendment of the Second Schedule .
3. In the Second Schedule to the Representation of the People Act , 1950 , against serial number 18 relating to the State of Mizoram , in column 7 , for the entry " 38 " , the entry " 39 " shall be substituted .
CHAPTER III
AMENDMENTS TO THE REPRESENTATION OF THE PEOPLE ACT , 1951
43 of 1951.
Amendment of section 8A.
4. In the Representation of the People Act, 1951 (hereinafter referred to as the principal Act) , in sub- section ( 1 ) of section 8A, for the words " as soon as may be after such order takes effect" , the words " as soon as may be within a period of three months from the date such order takes effect " shall be substituted .
5. In section 34 of the principal Act, in sub -section ( 1 ) , —
Amendment of section 34 .
(i) in clause (a) , for the words " a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe , a sum of five thousand rupees" , the words " a sum of twenty- five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe , a sum of twelve thousand five hundred rupees" shall be substituted;
(ii) in clause (b) , for the words " a sum of five thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe , a sum of two thousand five hundred rupees " , the words " a sum of ten thousand rupees or where the candidate is a member of a Scheduled Caste or Scheduled Tribe , a sum of five thousand rupees " shall be substituted.
6. In section 123 of the principal Act, in clause ( 7 ) ,一
Amendment of section 123 .
(1) for the words " from any person in the service of the Government " , the words "from any person whether or not in the service of the Government " shall be substituted;
(ii) after sub -clause (g) , the following sub - clause shall be inserted , namely:--
"(h) class ofpersons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections: " .
7. After section 126 of the principal Act, the following sections shall be inserted, namely:-
Insertion of new sections 126A and 126B .
'126A. (1 ) No person shall conduct any exit poll and publish or publicise by means ofthe print or electronic media or disseminate in any other manner, whatsoever , the result of any exit poll during such period , as may be notified by the Election Commission in this regard .
Restriction on publication and dissemination of result of exit polls , etc.
(2) For the purposes of sub - section ( 1 ) , the Election Commission shall , by a general order, notify the date and time having due regard to the following , namely:-
(a) in case of a general election, the period may commence from the beginning ofthe hours fixed for poll on the first day ofpoll and continue till half an hour after closing of the poll in all the States and Union territories ;
(b) in case of a bye - election or a number of bye - elections held together , the period may commence from the beginning of the hours fixed for poll on and from the first day of poll and continue till half an hour after closing of the poll:
SEC. 1 ]
3
THE GAZETTE OF INDIA EXTRAORDINARY
Provided that in case of a number ofbye - elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day ofpoll and continue till half an hour after closing of the last poll .
(3) Any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or withboth .
Explanation. For the purposes of this section,-
(a) " exit poll " means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election ;
(b) " electronic media " includes internet , radio and television including Internet Protocol Television , satellite , terrestrial or cable channels , mobile and such other media either owned by the Government or private person or by both;
(c) " print media" includes any newspaper , magazine or periodical , poster , placard, handbill or any other document;
(d) " dissemination " includes publication in any " print media " or broadcast or display on any electronic media .
Offences by companies .
126B . ( 1) Where an offence under sub- section (2) of section 126A has been committed by a company, every person who , at the time the offence was committed , was in charge of, and was responsible to the company for the conduct of the business ofthe company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub - section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence .
(2) Notwithstanding anything contained in sub- section ( 1) , where an offence under this Act has been committed by a company and it is proved that the offence has beencommitted with the consent or connivance of, or is attributable to any neglect on the part of, any director , manager , secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation. For the purpose of this section,-
(a) " company" means any body corporate , and includes a firm or other association of individuals ; and
(b) " director" , in relation to a firm , means a partner in the firm. ' .
V. K. BHASIN,
Secy. to theGovt. of India.
GMGIPMRND-5690GI ( S5)-24.12.2009.