DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2002

DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2002

Preamble - DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2002

THE DELHI MUNICIPAL CORPORATION (AMENDMENT) ACT, 2002

[Act No. 10 of 2002]

[06th June, 2002]

PREAMBLE

An Act further to amend the Delhi Municipal Corporation Act, 1957.

Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Fifty-third Year of the Republic of India as follows :--

Section 1 - Short title and commencement

(1)     This Act may be called the Delhi Municipal Corporation (Amendment) Act, 2002.

(2)     Except for the provision of section 4, which shall be deemed to have come into force with effect from the 18th day of February, 2002, the remaining provisions of this Act shall come into force on such date as the Government may, by notification in the official Gazette, appoint and different dates may be appointed for such different provisions of this Act and any reference in any such provisions to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Section 2 - Amendment of section 2

In section 2 of the Delhi Municipal Corporation Act, 1957 (66 of 195?) (hereinafter referred to as the principal Act), after clause (62), the following clause shall be inserted, namely :--

"(62A) "Voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be constructed as including a reference to such voting machine wherever such voting machine is used at any election."

Section 3 - Amendment of section 29

In section 29 of the Principal Act--

(a)      in the shoulder heading after the words "ballot papers" and before the word "from" the words or ballot boxes or the voting machines" shall be inserted;

(b)      in sub-section (1), after the words "to take a ballot paper" and before the words "out of", the words "or a ballot box or a voting machine or a part thereof" shall be inserted;

(c)      in sub-section (3), after the words "arrested on search" and before the words "shall be made", the words "or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station" shall inserted.

Section 4 - Insertion of new Sections 29A, 29B and 29C

After sections 29 of the principal Act, the following sections shall be inserted, namely:--

"29A. Prohibition of going armed to or near a polling station

(1)     No person, other than the returning officer, the presiding officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighborhood of a polling station.

(2)     If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.

(3)     Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have revoked under section 17 of that Act.

(4)     An offence punishable under sub-section (2) shall be cognizable.

29B Offence of booth capturing

Whoever commits an offence of booth capturing shall be punishable with imprisonment for a terms which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than there years but which may extend to five years and with fine.

Explanation-- for the purposes of this section "booth capturing includes, among other things, all or any of the following activities, namely:--

(a)      Seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers, used ballot box or boxes or voting machines use and doing of any other act which affects the orderly conduct of elections;

(b)      taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from free exercise of their right to vote;

(c)      coercing or intimidating or threatening directly or indirectly any elector and preventing him from going to the polling station or a place fixed for the poll to cast his vote;

(d)      seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affects the orderly counting of votes;

(e)      doing by any person in the service of Government of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate.

29C. Liquor not to be sold, given or distributed on polling day

(1)     No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, laverne, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

(2)     Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term, which may extend to six months or with fine which may extend to two thousand rupees, or with both.

(3)     Where a person, is convicted of an offence under this section, the spirituous, fermented or intoxication liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed."

Section 5 - Repeal and savings

(1)     The Delhi Municipal Corporation (Amendment) Ordinance, 2002. (Delhi Ordinance No. 1 of 2002) is hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the principal Act as amended by this act.