REGISTERED No. D. 221 रजिस्ट्री सं ० जी० 221
भारत मैं राजपत्र The Gazette of India
असाधारण
EXTRAORDINARY
भाग II-खण्ड-1
PART I- Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 52] नई दिल्ली , रविवार , दिसम्बर 11, 1966 / अपहायन 20, 1888
No. 52 ] NEW DELHI, SUNDAY , DECEMBER 11 , 1966/ Agrahayana 20, 1888
इस भाग में भिन्न पृष्ठ संख्या वी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separateate compilation.
MINISTRY OF LAW
(Legislative Department )
New Delhi , the 11th December , 1966 / Agrahayana 20 , 1888 ( Saka )
The following Act of Parliament received the assent of the Pre- sident on the 11th December , 1966 , and is hereby published for general information : --
THE GOA , DAMAN AND DIU ( OPINION POLL )
ACT , 1966
No. 38 OF 1966
[11th December , 1966 ]
An Act to provide for the taking of an opinion poll to ascertain the wishes of the electors of Goa , Daman and Diu with regard to the future status thereof and for matters connected therewith.
BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows : -
1. ( 1 ) This Act may be called the Goa , Daman and Diu ( Opinion Poll ) Act , 1966.
Short title and com- mence. ment.
(557) THE GAZETTE OF INDIA EXTRAORDINARY [PART 11 558
(2) It shall come into force on such date as the Central Govern- ment may, by notification in the Official Gazette , appoint , and differ- ent dates may be appointed for different provisions of this Act .
Defini .
2. In this Act, unless the context otherwise requires ,-
tions .
( a) "Administrator " means the Administrator of the Union territory of Goa , Daman and Diu , appointed by the President under article 239 of the Constitution;
(b ) " Chief Election Commissioner " means the Chief Election Commissioner appointed by the President under article 324 of the Constitution;
(c) "Daman" means the area comprised in the Daman assembly constituency ;
(d) " Diu" means the area comprised in the Diu assembly constituency;
(e) " elector" means-
(i ) in relation to Goa , a person whose name is entered in the electoral roll of an assembly constituency for the time being in force in Goa ; and
(ii ) in relation to Daman and Diu , a person whose name is entered in the electoral roll of an assembly constituency for the time being in force either in Daman or in Diu ;
(f) " Goa" means the area comprised in the assembly con- stituencies of the Union territory other than the areas comprised in the Daman assembly constituency and the Diu assembly constituency;
(g) " opinion poll " means a poll taken to ascertain the wishes of the electors in pursuance of the provisions of this Act ;
(h ) " prescribed " means prescribed by rules made under this Act;
(i) " Union territory " means the Union territory of Goa , Daman and Diu;
43 of 1950 .
43 of 1951.
(1 ) all other words and expressions used but not defined in this Act and defined in the Representation of the People Act , 1950 , or , as the case may be , in the Representation of the People Act, 1951 , shall have the meanings respectively assigned to them in those Acts , THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 11
559
3. An opinion poll shall be taken for the purpose of ascertaining- Opinion
(a) the wishes of the electors of Goa as to whether Goa should merge in the State of Maharashtra or should continue to be Union territory ;
poll to ascertain the future status of Goa, Daman (b ) the wishes of the electors of Daman and Diu as to whether Daman and Diu should merge in the State of Gujarat and Diu . or should continue to be Union territory .
4. Subject to the provisions of section 23-
(a) every elector of an assembly constituency in Goa, and no other person, shall be entitled to vote at the opinion poll taken in relation to Goa ;
Persons entitled to vote at opinion poll.
(b ) every elector of the Daman assembly constituency and the Diu assembly constituency , and no other person , shall be en- titled to vote at the opinion poll taken in relation to Daman and Diu.
43 of 1950 .
5. Notwithstanding anything contained in the Representation of the People Act, 1950 , or in any rule made thereunder , no shall be payable in respect of-
(a) any application for inclusion of any name in the toral roll of any assembly constituency in Goa, Daman and Diu under section 23 of that Act ; or
Fees not fee to be paid on applica- elections for inclusion ofnames in electo- ral roll, etc. (b ) any appeal preferred against any order made on such application ,
if such application or appeal is made or preferred within a period of thirty days immediately following the commencement of this Act .
6. The opinion poll shall be conducted under the superintendence , direction and control of the Chief Election Commissioner .
Conduct of opinion poll under the superin- tendence, direction and control ofChief Election Commis- sioner . Opinion poll com- missioner .
7. The Chief Election Commissioner shall designate or nominate one opinion poll commissioner in relation to the opinion poll in Goa and one opinion poll commissioner in relation to the opinion poll in THE GAZETTE OF INDIA EXTRAORDINARY [PART II
560
Daman and Diu and each such opinion poll commissioner shall be an officer of Government .
Assistant opinion poll com- missioners .
8. ( 1 ) The Chief Election Commissioner may appoint one or more persons to assist the opinion poll commissioner in the performance of his functions , and every such person shall be an officer of Govern- ment and shall be called an assistant poll commissioner .
( 2) Every assistant opinion poll commissioner shall , subject to the control of the opinion poll commissioner , be competent to per- form all or any of the functions of the opinion poll commissioner .
9. References in this Act to the opinion poll commissioner shall , unless the context otherwise requires , be deemed to include an assis- tant opinion poll commissioner performing any function which he is competent to perform under sub - section ( 2 ) of section 8 .
Opinion poll com- missioner to include assistant opinion poll com- missioners perform- ing the functions of opinion poll com- missioner .
10. It shall be the general duty of the opinion poll commissioner to do all such acts and things as may be necessary for effectually conducting the opinion poll in the manner provided in this Act and the rules or orders made thereunder .
General duty of opinion pollcom. missioner ,
Provision of polling stations .
11. The opinion poll commissioner of Goa and the opinion poll com- missioner of Daman and Diu shall , with the previous approval of the Chief Election Commissioner , provide a sufficient number of polling stations respectively for Goa and for Daman and Diu , and shall pub- lish , in such manner as the Chief Election Commissioner may direct , a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided .
Appoint- ment of officers presiding for polling stations .
12. (1 ) The opinion poll commissioner of Goa and the opinion poll commissioner of Daman and Diu shall appoint a presiding officer for each polling station respectively in Goa and in Daman and Diu and such polling officer or officers as the opinion poll commissioner con- cerned thinks necessary , but he shall not appoint any person who has been employed by , or on behalf of , or has been otherwise working for . any political party:
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SEC. 1]
561
Provided that if a polling officer is absent from the polling station , the presiding officer may appoint any person who is present at the polling station other than a person who has been employed by , or on behalf of , or has been otherwise working for , any political party, to be a polling officer during the absence of the former officer , and inform the opinion poll commissioner concerned accordingly :
Provided further that nothing in this sub - section shall prevent the opinion poll commissioner from appointing the same person to be the presiding officer for more than one polling station in the same premises.
( 2) A polling officer shall , if so directed by the Presiding officer , perform all or any of the functions of the presiding officer under this Act and any rules or orders made thereunder .
(3) If the presiding officer , owing to illness or other unavoidable cause, is obliged to absent himself from the polling station , his func- tions shall be performed by such polling officer as has been previous- ly authorised by the opinion poll commissioner to perform such func- tions during any such absence .
(4 ) References in this Act to the presiding officer shall , unless the context otherwise requires , be deemed to include any person perform- ing any functions which he is directed or authorised to perform under sub - section ( 2) or sub - section ( 3) , as the case may be .
13. It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the opinion poll is fairly taken.
General duty of presiding officer .
Duty of a polling officer.
14. It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions .
15. Every local authority in the Union territory shall , when so requested by the Chief Election Commissioner or the opinion poll every commissioner concerned , make available to such opinion poll commis- local sioner such staff as may be necessary in the performance of any duties to be in connection with the opinion poll .
Staff of authority made available for work in connec . tion with opinion poll.
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[PART 11 562
Notifica- tion for opinion poll .
16. The President shall , in consultation with the Chief Election Commissioner , by notification published in the Gazette of India , fix the date or dates on which an opinion poll shall be taken in accor- dance with the provisions of this Act and the rules or orders made thereunder in relation to Goa or , as the case may be , Daman and Diu .
17. The Chief Election Commissioner shall fix the hours during which the opinion poll will be taken ; and the hours so fixed shall be published in such manner as may be prescribed:
Fixing time for opinion poll .
Provided that the total period allotted on any one day for polling at an opinion poll shall not be less than eight hours .
Adjourn- ment of opinion poll in emergen- cies .
18. ( 1 ) If , at an opinion poll, the proceedings at any polling station provided under section 11 are interrupted or obstructed by any riot or open violence , or if it is not possible to conduct the poll at any polling station on account of any natural calamity or any other sufficient cause , the presiding officer for such polling station shall announce an adjournment of the opinion poll to a date to be notified later , and where the opinion poll is so adjourned by a presid- ing officer , he shall forthwith inform the opinion poll commissioner concerned .
(2) Whenever an opinion poll is adjourned under sub - section ( 1 ) , the opinion poll commissioner shall immediately report the circums- tances to the Chief Election Commissioner and shall , as soon as may be , with the previous approval of the Chief Election Commissioner , appoint the day on which the opinion poll shall recommence and fix the polling station at which , and the hours during which , the opinion poll will be taken , and shall not count the votes cast at such opinion poll until such adjourned opinion poll shall have been completed .
(3 ) In every such case as aforesaid , the opinion poll commissioner shall notify , in such manner as the Chief Election Commissioner may direct , the date, place and hours of polling fixed under sub - section ( 2) .
19. ( 1 ) If at any opinion poll ,-
Fresh opi- nion poll in case of destruc. tion, etc. , of ballot boxes,
(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidental- ly or intentionally destroyed or lost , or is damaged or tampered with, to such an extent , that the result of the opinion poll at that polling station cannot be ascertained , or
(b ) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station , THE GAZETTE OF INDIA EXTRAORDINARY
563 SEC . 1 ]
the opinion poll commissioner shall forthwith report the matter to the Chief Election Commissioner .
(2 ) Thereupon , the Chief Election Commissioner shall , after taking all material circumstances into account , either-
(a) declare the opinion poll at that polling station to be vold , appoint a day , and fix the hours , for taking a fresh opinion poll at that polling station and notify the day so appointed and the hours so fixed in such manner as he may deem fit , or
(b ) if satisfied that the result of a fresh opinion poll at that polling station will not , in any way , affect the result of the opinion poll or that the error or irregularity in procedure is not material , issue such directions to the opinion poll commissioner as he may deem proper for the further conduct and completion of the opinion poll .
( 3) The provisions of this Act and the rules or orders made thereunder shall apply to every such fresh opinion poll as they apply to the original opinion poll .
20. At the opinion poll , votes shall be given by ballot in such Manner manner as may be prescribed, and no votes shall be received by proxy .
21. Without prejudice to the generality of the provisions contained in section 20 , provision may be made by rules made under this Act for enabling-
of voting at opinion poll . Special procedure tor voting by certain classes of (a) any of the following persons to give his vote by postal ballot , and not in any other manner , at an opinion poll , namely : - persons
43 of 1950 .
(i) a member of the Armed Forces of the Union or , as the case may be , of an armed police force of the Union terri- tory, to whom the provisions of sub - section ( 3 ) of section 20 of the Representation of the People Act , 1950 apply ;
( ii ) a person who is employed under the Government of India in a post outside India ;
( iii) the wife of any such person as is referred to in sub - clauses ( i ) and ( ii ) to whom the provisions of sub - section (6) of the said section 20 apply ;
(b) 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 opinion poll , subject to the fulfilment of such requirements as may be specified in those rules.
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56
[PART
22. With a view to preventing personation of electors , provision may be made by rules made under this Act ,-
Special procedure for pre- venting persona- tion of electors .
(a) for the marking with indelible ink on the thumb or any other finger , of every elector who applies for a ballot paper for the purpose of voting at a polling station before delivery of such paper to him ;
(b ) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such ballot paper he has already such a mark on his thumb or any other finger .
43 of 1950 .
23. ( 1 ) No person shall vote at an opinion poll in the Union territory , if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act , 1950.
Voting at an opinion poll .
(2) No person shall , at an opinion poll , vote more than once , not- withstanding that his name may have been registered in the electoral roll more than once , and if he does so vote , all his votes shall be void.
(3) No person shall vote at an opinion poll if he is confined to any prison , whether under a sentence of imprisonment or transpor- tation or otherwise , or is in the lawful custody of the police :
Provided that nothing in this sub - section shall apply to a person subjected to preventive detention under any law for the time being in force .
Counting of votes .
24. At the opinion poll , votes shall be counted by , or under the supervision and direction of , the opinion poll commissioner and a representative of each of the political parties for which a symbol has been exclusively reserved in Goa or, as the case may be , in Daman and Diu by the Election Commission shall have a right to be present at the time of counting.
Destruc- tion , loss , etc. , of ballot papers at the time of counting.
25. ( 1 ) If , at any time before the counting of votes is completed , any ballot papers used at a polling station are unlawfully taken out of the custody of the opinion poll commissioner or are accidentally or intentionally destroyed or lost or are damaged or tampered with , to such an extent that the result of the opinion poll at that polling station cannot be ascertained . the opinion poll commissioner shall forthwith report the matter to the Chief Flection Commissioner .
(2) Thereupon , the Chief Flection Commissioner shall , after tak- ing all material circumstances into account , either-
(a) direct that the counting of votes be stopped , declare the opinion poll at that polling station to be void , appoint a day, THE GAZETTE OF INDIA EXTRAORDINARY
SEC . 1 ]
565 and fix the hours , for taking a fresh opinion poll at that polling station and notify the day so appointed and hours so fixed in such manner as he may deem fit , or
(b ) if satisfied that the result of a fresh opinion poll at that polling station will not , in any way , affect the result of the opinion poll , issue such directions to the opinion poll commis- sioner as he may deem proper for the resumption and completion of the counting and for the further conduct and completion of the opinion poll in relation to which the votes have been counted .
(3 ) The provisions of this Act and any rules or orders made thereunder shall apply to every such fresh opinion poll as they apply to the original opinion poll .
results 26. When the counting of votes has been completed, the opinion Declara- poll commissioner shall , unless otherwise directed by the Chief tion of Election Commissioner , forthwith declare the result of the opinion poll in the manner provided by this Act or the rules made there- under .
27. As soon as may be after the result of the opinion poll has been Report declared , the opinion poll commissioner shall report the result to the of the Administrator and to the Chief Election Commissioner and the result. Administrator shall cause the same to be published in the Official Gazette .
45 of 1860
28. Section 171B (dealing with the offence of bribery ) , section Offences 171C ( dealing with the offence of undue influence at elections ) , section at opinion 171D (dealing with the offence of personation at elections ) , section poll 171E ( dealing with punishment for bribery) and section 171F (deal- ing with punishment for undue influence or personation at an election) of the Indian Penal Code shall apply in relation to an opinion poll taken under this Act subject to the following modifica- tions , namely: -
( a) any reference to a candidate shall be omitted;
(b) any reference to election shall be construed as a refer- ence to opinion poll;
(c) any reference to electoral right shall be construed as a reference to the right of a person to vote or refrain from voting at an opinion poll .
29. ( 1) If the Chief Election Commissioner , on receipt of a report Fresh from the opinion poll commissioner or otherwise , is satisfied that the opinion opinion poll taken at any polling station or stations has not been a poll in THE GAZETTE OF INDIA EXTRAORDINARY [PART II 566 =
free one by reason that any of the offences referred to in section 28 has been extensively committed in connection with such poll , he may make a report to the President recommending that a fresh opinion poll be taken at such polling station or stations .
case of extensive preval. ence of offences referred to in section 28.
( 2 ) The President may , after considering the report of the Chief Election Commissioner , direct that a fresh opinion poll shall be taken at such polling station or stations in accordance with the provisions of this Act and the rules or orders made thereunder and give such further directions for the completion of the opinion poll as he con- siders necessary .
43 of 1951 .
Other electoral offences .
30. The provisions of sections 125 to 132 and 134 to 136 of the Representation of the People Act , 1951 , shall , so far as may be , apply to an opinion poll as they apply to an election under that Act , and any reference in those provisions to-
(a) the chief electoral officer shall be omitted ;
(b ) a returning officer and an assistant returning officer shall be construed as a reference to an opinion poll commis- sioner and an assistant opinion poll commissioner respectively .
Applica- tion of certain provisions of Act 43 of 1951
31. The provisions of sections 160 to 167 of the Representation of the People Act , 1951 shall apply , so far as may be , to and in relation to an opinion poll as they apply to and in relation to an election and any reference to the State Government in those sections shall be construed as a reference to the Administrator .
32. The functions of the Chief Election Commissioner under this Act or under the rules made thereunder may , subject to such general or special directions , if any , as may be given by the Chief Election Commissioner in this behalf , be performed also by a Deputy Elec- tion Commissioner or by the Secretary to the Election Commission .
Delega- tion of functions ofChief Election Commis- sioner .
Power to make rules .
33. ( 1 ) The Central Government may , after consultation with the Chief Election Commissioner , by notification in the Official Gazette , make rules for carrying out the purposes of this Act .
(2 ) In particular , and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the follow- ang matters , namely:-
(a) the duties of the opinion poll commissioner ;
(b) the duties of presiding officers and polling officers at polling stations ;
SEC. 11
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= --
(c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability and of the persons specified under section 21 ;
(d) the manner of publication of the hours during which the opinion poll will be taken;
(e) the procedure as to voting to be followed at an opinion poll to prevent personation of electors ;
poll; (f) the manner of declaration of the result of the opinion
(g) any other matter required to be prescribed by , or pro- vided for by rules under , this Act .
tion of civil courts barred.
34. No civil court shall have jurisdiction to question the legality Jurisdic . of any action taken or of any decision given by the Chief Election Commissioner or by the opinion poll commissioner or by any other person appointed under this Act in connection with an opinion poll .
ofdffi- Removal 35. If any difficulty arises in giving effect to the provisions of this Act, the Central Government may , by order published in the Offi- culties . cial Gazette , do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of re- moving the difficulty.
S. P. SEN - VARMA , Secy, to the Govt. of India .
PRINTED IN INDIA BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI, 1966.