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  THE REPRESENTATION OF THE PEOPLE (AMENDMENT) BILL, 2002

 A

 BILL

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

(2) Section 4 shall be deemed to have come into force on the 2nd day of May, 2002 and other provisions of this Act shall come into force at once.

Short title and commencement

43 of 1951

2. After section 8A of the Representation of the People Act, 1951 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:-

 

Insertion of new section 8B.

Disqualification on grounds of framing charges in heinous offences

“8B. (1) A person against whom charges have been framed in two separate criminal proceedings concerning heinous offences by a court of competent jurisdiction, at least six months prior to the date on which his nomination paper has been delivered under sub-section (1) of section 33, shall be disqualified till his acquittal or discharge in any such proceeding, as the case may be:

        Provided that the provisions of this sub-section shall not apply in respect of any criminal proceeding concerning a heinous offence which is stayed by an order of a court of  competent jurisdiction.

 

(2) A candidate, who –

(i)                  gives false information which he knows or has reason to believe to be false; or

(ii)                conceals any information,

 

in his nomination paper delivered under section (1) of section 33 regarding the charges framed against him in two separate criminal proceedings concerning heinous offences, at least six months prior to the date on which the nomination paper has been delivered under said sub-section (1) shall, notwithstanding the definition given in clause (b) of section 7, on being discovered that he has given false information or concealed the information be disqualified, in case of his being elected as a member of either House of Parliament or Legislative Assembly or Legislative Council of a State, as the case may be, to be such member.

 

Explanation:- For the purposes of this section, “heinous offences” means the offences under sections 121, 302, 364, 364A or sub-section (1) or sub-section (2) of section 376, or section 395 or section 396 of the Indian Penal Code; or clause (b) of section 18, sub-clause (C) of clause (ii) of section 20, clause (c) of section 23, or section 24 of the Narcotic Drugs and Psychotropic Substances Act, 1985; or clause (a) of sub-section (2) of section 3, or clause (b) of section 4, or section 5 of the Prevention of Terrorism Act, 2002.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

45 of 1860.

 

 

61 of 1985

 

15 of 2002

 

 

Amendment of section 11

3. In section 11 o the principal Act, for the brackets, words, figure and letter “(except under section 8A)”, the brackets, words, figures and letters “(except under sections 8A and 8B)” shall be substituted.
 

 

Insertion of new section 33A

4. After section 33 of the principal Act, the following section shall be inserted and shall be deemed to have been inserted with effect from the 2nd day of May, 2002, namely:-

 

 

Candidate to furnish information only under the Act and the rules

“33A. Notwithstanding anything contained in any judgment, decree or order of any court or any direction, order or any other instruction issued by the Election Commission, no candidate shall be liable to disclose or furnish any such information, in respect of his election, which is not required to be disclosed or furnished under this Act or the rules made there under.”

 

Insertion of new section 33B

5. After Section 33A of the principal Act as so inserted, the following section shall be inserted , namely:-

 

Right to Information

“33B. (1) A candidate shall, apart from any information which he is required to furnish, under this Act or the rules made there under, in his nomination paper delivered under sub-section(1) of section 33, also furnish the information as to whether he is accused of any offence punishable with imprisonment for two years or more in a pending case in which a charge has been framed by the court of competent jurisdiction.

 

(2) The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33, also deliver to him an affidavit sworn by the candidate in a prescribed form verifying the information specified in sub-section (1).

 

(3) The returning officer shall, as soon as may be after the furnishing of information to him under sub-section (1), display the aforesaid information by affixing a copy of the affidavit, delivered under sub-section (2), at a conspicuous place at his office for the information of the electors relating to a constituency for which the nomination paper is delivered.”

 

 

6. In Part VII of the principal Act, in chapter III, after section 125, the following section shall be inserted, namely:-

 

“125A. A candidate who himself r through his proposer, with intent to be elected in an election,-

 

(i)                  fails to give information relating to sub-section (1) of section 33B; or

(ii)                gives false information which he knows or has reason to believe to be false; or

(iii)               conceals any information,

 

in his nomination paper delivered under sub-section (1) of section 33 or in his affidavit which is required to be furnished therein under sub-section (2) of section 33B, as the case may be, shall, notwithstanding anything contained in any other law for the time being in force, be punishable, if the information relates to –

 

(a)    any heinous offence specified in Explanation to section 8B, with imprisonment for a term which may extend to three years, or with fine, or with both; or

(b)   Sub-section (1) of section 33B, with imprisonment for a term which may extend to six months or with fine , or with both.:

Insertion of new section 125A

 

 

 

 

Penalty for filing false affidavit, etc.

 

 

7. In section 169 of the principal Act, in sub-section (2), clause (a) shall be renumbered as clause (aa) thereof and before clause (aa) as so renumbered, the following clause shall be inserted namely:-

 

“(a) the form of affidavit under sub-section (2) of section 33B:”

Amendment of section 169

  

PART III A

(To be filled by the Candidate) 

  1. Whether the candidate has ever been convicted of any offence or for contravention of any law specified in sub-sections (1) and (2) of section 8 of the Representation of the People Act, 1951 or for any other offence(s) for which he has been sentenced to imprisonment for two years or more………………… Yes/No.

 

(If the answer is “Yes”, the candidate shall furnish the following information) :

 

(i)                  Case/FIR No./Nos…………………………………………………………………

(ii)                Police Station…………………….. District………………… State……………..

(iii)               Section(s) of the Act and brief description of the offence (s) for which he was convicted…………………………………………………………………………..

(iv)              Date(s) of conviction(s)……………………………………………………………

(v)                Court(s) which convicted the candidate…………………………………………..

(vi)              Punishment (s) imposed ( indicate period of imprisonment(s) and /or quantum of fine )……………………………………………………………………………….

(vii)             Date of release from prison : ………………………………………………………

(viii)           Was any appeal/revision filed against conviction:   Yes/No

(ix)              Particulars of appeal/application for revision filed:……………………………….

(x)                Name of the Court before which the appeal/application for revision filed: ……………………………………………………………………………………..

(xi)              Whether the said appeal/application for revision has been disposed of or is pending……………………………………………………………………………

 

 

  1. Whether charges have been framed by a competent court against the candidate at least six months before the date of delivery of nomination paper under sub-section (1) of section 33 of the Representation of People Act, 1951 in any of the following heinous offences:

 

a)      Section 121 (offence of waging or attempting to wage war or abetting waging of war against the Government of India), or section 302 (offence relating to murder) or section 364 or section 364A (offences relating to kidnapping or abduction), or section 376 (offences relating to rape); or section 395 or section 396 (offences relating to robbery and dacoity); of the Indian Penal Code ( 45 of 1860); or

b)      Clause (b) of section 18 (offence relating to opium poppy and opium), or sub-clause (C) of clause 9ii) of section 20 (offence relating to cannabis plant and cannabis), or clause (c) of section 23 (offence relating to illegal import, export or transshipment of narcotic drugs and psychotropic substances) or section 24 ( offence relating to external dealings in narcotic drugs and psychotropic substances); of the Narcotics Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

c)      Clause (a) of sub-section (2) of  section 3, or clause (b) of section 4, or section 5 of the Prevention of Terrorism Act, 2002 (15 of 2002),

 

( If the answer is “Yes”, the candidate shall furnish the following information ):

 

 

(i)                  Case/FIR No./Nos…………………………………………………………….

(ii)                Police Station…………………….. District………………… State………….

(iii)               Section(s) of the Act and short description of the offence (s) for which the candidate has been charged ……………………………………………………

(iv)              Court(s) which framed the charge(s)…………………………………………..

(v)                Date (s) on which the charge(s) was/were framed……………………………..

(vi)              Whether all or any of the proceedings have been stayed by any Court of competent jurisdiction………………………………………………………….

 

 

Note: - In this Part, the information furnished under serial number 1 shall not be required to be furnished under serial number 2.

 

 

Place:

 

Date:                                                                                                    Signature of the Candidate

 

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