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Handbook for Electoral Registration Officers - Election Commission ...

Handbook for Electoral Registration Officers - Election Commission ...

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Penalty <strong>for</strong> making false declarationCHAPTER—XIVMiscellaneous1. If any person makes, in connection with the preparation, revision or correction of an<strong>Electoral</strong> Roll or the inclusion or exclusion of any entry in or from an <strong>Electoral</strong> Roll, astatement or declaration in writing which is false and which he either knows or believes tobe false or does not believe to be true, he shall be punishable under Section 31 of theRepresentation of the People Act, 1950 with imprisonment <strong>for</strong> a term which may extend toone year, or with fine, or with both.Breach of official duty in connection with the preparation, etc., of <strong>Electoral</strong> Rolls2. (i) If any <strong>Electoral</strong> <strong>Registration</strong> Officer, Assistant <strong>Electoral</strong> <strong>Registration</strong> Officeror other person required by or under this Act to per<strong>for</strong>m any official duty inconnection with the preparation revision or correction of an <strong>Electoral</strong> Roll or theinclusion or exclusion of any entry in or from that roll, is without reasonable cause,guilty of any act or omission in breach of such official duty, he shall be punishableunder Section 32 of the Representation of the People Act, 1950 with fine which mayextend to five hundred rupees.(ii) No suit or other legal proceedings shall lie against any such officer or otherperson <strong>for</strong> damages in respect of any such act or omission as a<strong>for</strong>esaid.(iii) No court shall take cognizance of any offence punishable under section 32unless there is a complaint made by order of, or under authority from, the <strong>Election</strong><strong>Commission</strong> or the Chief <strong>Electoral</strong> Officer of the State concerned.Inspection of <strong>Electoral</strong> Rolls and connected papers3. Every person shall have the right to inspect the election papers referred to in rule 32<strong>Registration</strong> of Elector Rules, 1950 and to get attested copies thereof on payment of suchfee as may be fixed by the Chief <strong>Electoral</strong> Officer.Disposal of <strong>Electoral</strong> Rolls and connected papers(1) The papers referred to in rule 32 shall on the expiry of the period specified therein,and subject to such general or special directions, if any, as may be given by the <strong>Election</strong><strong>Commission</strong> in this behalf be disposed of in such manner as the Chief <strong>Electoral</strong> Officermay direct.(2) The papers referred to in the said rule 32 under the heading “custody andpreservation of rolls and connected papers” shall, on the expiry of period specified thereinbe shredded and thereafter made into pulp which can be recycled <strong>for</strong> manufacture of papersetc. The copies of the <strong>Electoral</strong> Rolls <strong>for</strong> any Constituency in excess of the numberrequired <strong>for</strong> deposit <strong>for</strong> any public purpose shall be disposed of in the same manner after108

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