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PREAMBLE

An Act further to amend the Representation of the People Act, 1951.

Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:–

1. Short title

This Act may be called the Representation of the People (Amendment) Act, 2002.

2. Amendment of section 8 of Act 43 of 1951

In the Representation of the People Act, 1951, in section 8,–

(a) in sub-section (1),–

(i) in clause (k), after the word and figures “Act, 1971″, the word”; or” shall be inserted;

(ii) after clause (k), the following clauses shall be inserted, namely:–

“(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or

(m) the Prevention of Corruption Act, 1988 (49 of 1988); or

(n) the Prevention of Terrorism Act, 2002 (15 of 2002),”;

(iii) for the portion beginning with the words “shall be disqualified” and ending with the words “such conviction”, the following shall be substituted, namely:–

“shall be disqualified, where the convicted person is sentenced to–

(i) only fine, for a period of six years from the date of such conviction;

(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release”;

(b) in sub-section (2),–

(i) in clause (c), for the figures and word “1961; or”, the figures “1961,” shall be substituted;

(ii) clause (d) shall be omitted.

THE ELECTION LAWS (AMENDMENT) ACT 2003

PREAMBLE

An Act further to amend the Representation of the People Act, 1951 and the Indian Penal Code.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of India as follows:–

1. Short title and commencement

(1) This Act may be called the Election Laws (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 59

In the Representation of the People Act, 1951(43 of 1951) (hereafter in this Chapter referred to as the principal Act), in section 59, for the words”, and no votes shall be received by proxy”, the words “and, save as expressly provided by this Act, no votes shall be received by proxy” shall be substituted.

3. Substitution of new section for section 60

For section 60 of the principal Act, the following section shall be substituted, namely:–

“60. Special procedure for voting by certain classes of persons.–

Without prejudice to the generality of the provisions contained in section. 59, provision may be made, by rules made under this Act, for enabling–

(a) any of the persons as is referred to in clause (a) or clause (b) of sub-section (8) of section 20 of the Representation of the People Act, 1950 (43 of 1950) (hereafter in this section referred to as the 1950-Act) to give his vote either in person or by postal ballot or by proxy, and not in any other manner, at an election in a constituency where poll is taken;

(b) any of the following persons to give his vote either in person or by postal ballot, and not in any other manner, at an election in a constituency where a poll is taken, namely:–

(i) any person as is referred to in clause (c) or clause (d) of sub-section (8) of section 20 of the 1950-Act;

(ii) the wife of any such person to whom the provisions of sub-section (3) of section 20 of the 1950-Act apply and such wife being ordinarily residing with that person in terms of sub-section (6) of that section;

(c) any person belonging to a class of persons notified by the Election Commission in consultation with the Government to give his vote by postal ballot and not in any other manner, at an election in a constituency where a poll is taken subject to the fulfilment of such requirements as may be specified in those rules;

(d) 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 election in a constituency where a poll is taken, subject to the fulfilment of such requirements as may be specified in those rules.”.

4. Amendment of section 62

In section 62 of the principal Act, after sub-section (5), the following sub-section shall be inserted, namely:–

“(6) Nothing contained in sub-sections (3) and (4) shall apply to a person who has been authorised to vote as proxy for an elector under this Act in so far as he votes as a proxy for such elector.”.

5. Amendment of section 171D

In section 171D of the Indian Penal Code(45 of 1860), the following proviso shall be inserted at the end, namely:–

“Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector.”.

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