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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 418] NEW DELHI, THURSDAY, DECEMBER 15. 1966/AGRAHAYANA 14,1888

Separate paging is given to this Part in order that It may be filed as a separate compilation.

MINISTRY OF LAW (Legislative Department) NOTIFICATIONS New Delhi, the 15th December 1966

S.O. 3874.—In exercise of the powers conferred by section 28 of the Represen- tation of the People Act, 1950 (43 of 1950), the Central Government, after consult- ing the Election Commission, hereby makes the following rules further to amend the Registration of Electors Rules, 1960, namely: —

1. Short title—These rules may be called the Registration of Electors (Amend- ment) Rules, 1966.

2. Amendment of rule 2.-—In sub-rule (1) of rule 2 of the Registration of Electors Rules, 1960 (hereinafter referred to as "the said Rules")—

(a) for clause (c), the following clause shall be substituted, namely: —

"(c) 'Form' means a Form appended to these Rules and in respect of any constituency, includes a translation thereof in the language or any of the languages in which the electoral roll for that constituency is prepared;"

(b) clause (g) shall be omitted. 3. Amendment of rules 7.—In sub-rule (1) of rule 7 of the said Rules—

(a) for the words "Chief electoral officer of the State in which that consti- tuency is situated", the words "registration officer of the constituency" shall be substituted;

(b) lor the words and figures "Forms 1, 2 and 3", the words, figures and letter "Forms 1. 2, 2A and 3" shall be substituted.

( '693 )

4. Amendment of rule 26,—In rule 26 of the said Bules—

(a) for sub-rule (1), the following sub-rule shall be substituted, namely:—

"(1) Every application under section 22 or sub-section (1) of section 23 shall be made in duplicate in such one of the Forms 6, 8, 8A and 8B as may be appropriate and shall be accompanied by a fee of fifty palae.";

(b) In sub-rule (3), the words "chief electoral officer Or, as the caae may be, the" shall be omitted;

(c) in su,b_-rule (4)—

(1) the words "chief electoral officer or, as the cage may be, the" shall be omitted;

(il) the following proviso shall be added at the end, namely:—

"Provided that when an application Is rejected by the regis- tration officer, he shall record In writing a brief statement olf his reasons for such rejection."

5. Amendment of rule 27.—In rule 27 of the said Rules—

(a) In the heading, the words "rejecting .applications" shall be omitted; (b) In sub-rule (1), for clause (c), the following clause shall be substituted, namely:—

''(c) presented to the chief electoral officer within a period of fifteen days from the dale of the order appealed from or sent by registered post so as to reach him within that period.";

(c) for sub-rule (2), the following sub-rule shall be substituted, namely:—

"(2) For the purposes of sub-rule (1), an appeal shall be deemed to hav& been presented to the chief electoral officer, when the memorandum of appeal is delivered by or on behalf of the appellant to the chief electoral officer himself or to any other officer appointed by him in this behalf."

6. Amendment of Forms 2, 2A and 3.—In each of the Forms 2, 2A and 3 appended to the said Rules, for the words "Chief Electoral Officer", the words "Electoral Registration Officer'' shall be substituted.

7. Amendment of Form 5,—In Fotrm 5 appended to the said Rules, in the lagf paragraph, the word "registered" shall be omitted.

8. Amendment of Form 7.—In the heading of Form 7 appended to the said Rulefl, for the brackets words and figures "See rules, 13(2) and 26]", the brackets, words and figures "'[See rule 13(2)]" shalj be substituted.

9. Additlom of new Forms 8A and 8B.—After Form 8 appended to fhe said Rules, the following Forms shall be Inserted, namely:—

"FORM 8A

(See rule 26)

Application for transposition Of entry In electoral roll.

To

The Electoral Registration Officer,

Constituency.

Sir,

I submit that the entry at Serial No In Part No of the electoral roll fox the above mentioned constituency relating to /(myself, namely) *son/ wife/daughter of should be transposed to Part No of this roll, because I *have/the said elector has/changed *my/hls/her place of ordinary residence to

which Is within the same constituency.

I declare that I am an elector of this constituency being enrolled at Serial No. in Part No. of the roll.

Date

Signature/Thumb impression of applicant.

.lace AFull Postal Address)

NOTE.—Any person who makes a statement or declaration which is false or which he either knows or believes to be false or does not believe to be true 19 punishable under section 31 of the Representation of the People Act. 1950.

*Strike out the inappropriate words.

FOHM 8B

(See rule 26)

Application for deletion of entry in electoral roll.

To

The Electoral Registration Officer,

Constituency.

Sir,

*son/wife/daughter at...,

I submit that the entry at Serial No in Part No. o'£ the electoral roll for the abovementioned constituency relating to '''Shri/Shrirnati requires to be deleted as the said person is *dead/is no longer ordinarily resident in this loealityVis not entitled to be registered in the electoral roll for the following reasons:—

I hereby declare that the factn mentioned above are true to the best of my knowledge and belief.

I declare that I am an elector of this constituency being enrolled at Serial No. in Part No. of the roll.

Date

Signature/Thumb impression ot objector.

Place

(Full Postal Address)

NOTE.-—Any person who makes a atatement or declaration which is false or which he either knows or believes to be fa\se or does not believe to be true Is punishable under saction 31 of the Representation od! the People Act, 1950.

•Strike out the Inappropriate words."

[No. F.7(3)/G6-Elec.]

S.O. 3875.—In exercise of the powers conferred by section 169 of the Repre- sentation of the People Act. 1951 (43 of 1951), the Central Government, after consulting the Election Commission, hereby makes the following rules furthffl- to amend the Conduct of Elections Rules, 1961, namely:—

1. Short title.—These rules may be called the Conduct of Elections (Second Amendment) Rules, 1966.

2. Amendment of rule 2.—In sub-rule (1) of rule 2 of the Conduct of Elections Rules iflGl (hereinafter referred to as "the said Rules"), after clause (b), the following clause shall be inserted, namely:—

"fbb) 'district election officer', in relation to a constituency in a Union Terri- tory, means the returning officer of that constituency"-

3. Amendment of rule 45.—The existing rule 48 shall, be renumbered as sub- rule (1) thereof and after the said rule as so renumbered, the following sub-ruie shall be Inserted, namely:—

"(2) The presiding officer shall permit a polling agent who so desires to take a true copy of the entries made in the ballot paper account and shall attest It as trutf copy".

'

4. Amendment of rule 56.—In sub-rule (2) of rule 86 of the said rules, for 9use (b), the following clause shall be substituted, namely:—

"(b* if, to indicate the vote, it bears no mark at all or bears a mark made otherwise than with the instrument supplied for the purpose, or".

5. Amendment of rule 70.—In rule 70 ojf the said Rules, in modification (ii), to the substituted rule 37A, the fallowing Explanation shall be added, namely:—

"Explanation.—The figures referred to In clauses (a) and (b) of this sub- rule may be marked in the international form of Indian numerals or in' th" Roman form or in the form used In any Indian language but shall not be indicated in words".

6. Amendment of rule 87.—In rule 87 of the said Rules, for the words "returning officer" wherever they occur, the words "district election officer" shall be substi- tuted.

7. Amendment of rule 89.—In rule 89 of the said Rules, (a) in sub-rules (I) to (3), for thd words "returning officer" wherever they occur, the words "district election officer" shall be substituted;

(b) for sub-rules (5) to (9), the following sub-rules shall be substituted, namely:—

"(5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and In the manner required Hy the Act and those rules, it shall by notice In writing call upon thfe candidate to show cause why ho should not be disqualified under section 10A for the failure.

(6) Any contesting candidate who has been called upon to show cause under sub-rule (5) may within twenty days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the district election officer a copy of his representation together with a complete account of his election expenses If he had not already furnished such an account.

(7) The district election officer shall within five days of the receipt thereof forward to the Election Commission the copy of the representation and the account (11 any) with such comments as he wishes to make thereon,

(8) If, after considering the representation submitted by the candidate and the comments made hy the district election officer and after such inquiry as it thinks fit, the Election Commission Is satisfied that the candidate has no good reason or justification for the failure to lodge his account, It shall declare him to be dlqualifled under section 10A lor a period of three years from the date of the order, and caused 1he order to be published in the Official Gazette.".

8. Amendment of rule 00.—In rule 90 of the said Rules, in sub-rule (2), after Jhe entry relatiriR to Gujarat, the following entry shall be inserted, namely: —

"Haryana

6,000".

S". Amendment of rule 92.—In rule 92 of the said Rules, in sub-rule (2), for the words "returning officer", the words "district election officer'¹ shall bo substi- tuted.

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