| THE KERALA DISTRICT ADMINISTRATION (AMENDMENT) ACT, 1990 [1] | ||||||||||||
| THE KERALA DISTRICT ADMINISTRATION (AMENDMENT) ACT, 1990 [1] (Act 18 of 1990) An Act further to amend the Kerala District Administration Act, 1979. Preamble .- WHEREAS it is expedient further to amend the Kerala District Administration Act, 1979 (7 of 1980), for the purposes hereinafter appearing; BE it enacted in the Forty-first Year of the Republic of India as follows:- (2) Section 2 shall be deemed to have come into force on the 12 th day of December, 1989, sections 3, 4, 5 and 6 shall be deemed to have come into force on the 3 rd day of May, 1990 and the remaining provisions shall come into force on such date as the Government may, by notification in the Gazette, appoint and different dates may be appointed for different areas and for different provisions of this Act. (i) for clause (c), the following clause shall be substituted, namely:- "(c) ˜district' means a revenue district, excluding the area within the limits of a cantonment declared under the Cantonments Act, 1924(Central Act 2 of 1924);"; (ii) in clause (pp), for the word and figures "section 128", the word, figures and letter "section 128A" shall be substituted. "(A) Notwithstanding anything contained in sub-section (1), where the electoral roll referred to in sub-section (1) is not the one prepared or revised in the year in which the notice of election to the district council is to be published or where the said electoral roll is the one revised without conducting an intensive revision subsequently, there shall be prepared by the authority prescribed under sub-section (2), an electoral roll for each district council under the superintendence, direction and control of the Director of Elections. Every person who is ordinarily resident within the district and is not less than eighteen years of age on the first day of January of the year in which the electoral roll is so prepared shall, if he is not disqualified for registration in an electoral roll under section 16 of the Representation of the People Act, 1950 (Central Act 43 of 1950), be eligible to be included in the electoral roll so prepared. (1B) The provisions of the Registration of Electors Rules, 1960 issued by the Central Government under the Representation of the People Act, 1950 (Central Act 43 of 1950) for an intensive revision, except the provisions under Part IV of the said rules, shall, together with all the directions, instructions, forms and guidelines issued by the Election Commission of India in the matter apply mutatis mutandis for the purpose of sub-section (1A).". "CHAPTER VI A ELECTORAL OFFENCES 74A. Prohibition of public meeting on the day preceding the election day and on the election day.- (1) No person shall convene, hold or attend any public meeting within the district in connection with an election to the district council of that district during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees. 74B. Disturbances at election meetings.- Any person who at a public meeting in connection with the district council election acts or incites others to act in a disorderly manner for the purpose of preventing the transaction of business for which the meeting was held shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees. 74C. Penalty for disorderly conduct in or near polling stations.- (1) No person shall on the date or dates on which a poll is taken at any polling station- (a) use or operate within or at the entrance of the polling station or any public or private place in the neighbourhood thereof, a tape recorder or a video cassette recorder or a video cassette player or any apparatus for amplifying or re-producing the human voice, such as a megaphone or a loud speaker; or (b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof so as to cause any annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station. (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees. (3) If the presiding office of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him. (4) Any police officer may take such steps, and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize and apparatus used for such contravention. 74D. Prohibition of canvassing in or near polling station.- (1) No person shall, on the date or dates on which a poll is taken at any polling station commit any of the following acts within the polling station, or in any public or private place within a distance of one hundred metres of the polling station, namely:- (a)canvassing for votes; or (b) soliciting the vote of any elector; or (c)persuading any elector not to vote for any particular candidate; or (d)persuading any elector not to vote at the election ; or (e)exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees. 74E. Removal of ballot papers or ballot boxes from polling station to be an offence.- (1) Any person, who at any election fraudulently takes or attempts to take a ballot paper or a ballot box out of a polling station or wilfully aids or bets the doing of any such act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over to a police officer for safe custody by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody. 74F. Other offences and penalties therefor.- (1) A person shall be guilty of an electoral offence if at any election he- (a)fraudulently defaces, or fraudulently destroys any nomination paper; or (b)fraudulently defaces, or destroys or removes any list, notice or other documents affixed by or under the authority of an Election Officer; or (c)fraudulently defaces, or fraudulently destroys any ballot paper or the official mark on the ballot paper or any declaration or identity; or (d)without due authority supplies any ballot paper to any person; or (e)fraudulently puts into any ballot box anything other than the ballot paper which he is authorized by law to put in; or (f)without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or (g)fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of any electoral offence under this section shall- (a) if he is a returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act. 74G. Infringement of secrecy of elections.- Every presiding or polling officer or other person in attendance at the polling room who, except for some purpose authorised by law, communicates to any person any information indicating directly or indirectly for which candidate any voter has voted and every person who by any improper means procures any such information, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 74H. Officers etc., at an election not to act for candidates.- (1) No person who is a returning officer, or an assistant returning officer, or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid and no member of a police force shall endeavour- (a)to persuade any person to give his vote at an election; or (b)to dissuade any person from giving his vote at an election; or (c)to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 74I. Penalty for illegal hiring or procuring of conveyances at elections.- Of any person is guilty of any corrupt practice of hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by a candidate or his agent or by any other person, for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station, he shall be punishable with fine which may extent to one thousand rupees: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this section. Explanation.- In this section, the expression ˜vehicle or vessel' means any vehicle or vessel used or capable of being used for the purpose of road or water transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicle or vessels or otherwise. 74J. List of Officers and staff of the Government Departments, Local Authorities or other authorities to be furnished.- (1) Every head of office and department including educational institutions of the Government and every local authority or other authority shall, on requisition by the Director of elections, furnish to him a list of officers and staff of such office or authority within such time as may be specified in the requisition for performing any duty in connection with an election to a district council. Explanation.- For the purpose of this section, ˜local authority' means a Municipal Corporation or a Municipal Council or a Panchayat or a Township Committee and ˜other authority' means any authority by whatever name called, constituted by the Government under any law or established by or under any State enactment for the time being in force. (2) If any person to whom a requisition under sub-section (1) is made by the Director of elections fails to furnish the list of officers and staff within such time as may be specified in such requisition, he shall be punishable with fine which may extend to five hundred rupees. 74K. Breaches of official duty in connection with elections.- If any person appointed to perform any duty in connection with election to a district council refuses such appointment or without reasonable cause neglects or fails to perform such duties, he shall be punishable with fine which may extend to five hundred rupees. 74L. Requisitioning of premises etc., for election purposes.- (1) If it appears to the Director of elections that in connection with an election to a district council,- (a)any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or (b)any vehicle or vessel is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for the performance of any duties in connection with such election, the Director of elections may, by order in writing, requisition such premises or such vehicle or vessel, as the case may be, and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning: Provided that no vehicle or vessel which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the Director of elections to be the owner or person in possession of the property. (3) Whenever any property is requisitioned under sub-section (1) the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) If any person contravenes any order made under this section, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both. (5) In this section,- (a)˜premises' means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b)˜vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise; (c)˜vessel' means any vessel used or capable of being used for the purpose of water transport, whether propelled by mechanical power or otherwise. 74M. Promoting enmity between classes in connection with elections.- Any person who in connection with an election to a district council promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 74N. Restriction on the printing of pamphlets, posters, etc.- No person shall print or publish or cause to be printed or published any election pamphlet or poster which does not bear on its face the names and address of the printer and publisher thereof and any person who contravenes this provision shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.". "101A. Removal of difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything not inconsistent with such provisions which appear to them to be necessary or expedient for the purposes of removing the difficulty: Provided that no order shall be made under this section after the expiry or two years from the date of the first constitution of the district councils. (2) Every order made under this section shall be laid before the Legislative Assembly, within fourteen days, after it is made if the Assembly is in session, or if the Assembly is not in session it shall be laid at its next session.". (i) item (25) and the entries against it under columns (1) and (2) shall be omitted; (ii) after item (30) and the entries against it under columns (1) and (2), the following items and entries, shall, respectively, be added, namely:-
(i) in the entries against item (3) under the heading " II. IRRIGATION", for the word "Reservation", the word "Renovation" shall be substituted; (ii) for item (2) and the entries against it under the heading "III. SOIL CONSERVATION", the following item and entries shall be substituted, namely:- "(2) land reclamation and land development works; (3) watershed development and management works."; (iii) for items (1) to (17) and the entries against them under the heading "IV. AGRICULTURE", the following items and entries shall be substituted, namely:- "(1) Agriculture extension work in the district, subject to the technical control and guidance of the State Department of Agriculture, including promotion and popularization of- (a)optimum utilization of lands and appropriate cropping patterns; (b)improved varieties of seed, seedlings and planting materials; (c)use of soil test data and adoption of optimum use of organic and inorganise fertilizers; (d)plant protection measures including control of pests and diseases and eradication of weeds; and (e)co-operative in the production (including supply of credit and inputs) and marketing of agricultural products. (2) Agricultural development work in the district, subject to the technical control and guidance of the State Department of Agricultural including the following:- (a)fixing of crop production targets in the district and implementing and promoting programmes to achieve the same; (b)procurement, multiplication and distribution of improved seeds which are approved by the State Government; (c)soil testing; (d)stocking, storing and distribution of plant protection chemicals; (e)organizing community and group action on plant protection works; (f)organizing community operations in the production of crops; and (g)supply and maintenance of agricultural equipments, pumpsets and improved implements."; (iv) for items (1) to (4) and the entries against them under the heading "XVII- COMMUNITY DEVELOPMENT", the following items and entries shall be substituted, namely:- (1) preparation and implementation of local area development programme; (2) implementation of integrated rural development programme; (3) implementation of the rural employment programme; and (4) implementation of other programmes of District rural Development Agencies.". (a)in clause (8),- (i) the proviso to section 17 shall be omitted; (ii) in sub-section (2) of section 19, for clause (k), the following clause shall be substituted, namely:- "(k) is a deaf-mute;". (iii) clause (j) of section 20 shall be omitted. (b) in clause (36), in Schedule VII referred to in sub-section (3) of section 57, after sub-clause (d) of clause (iv), the following sub-clause shall be inserted, namely:- "(e) registration of marriages at the instance of the parties concerned containing such particulars as may be prescribed and issuance of certificate thereof an application after realizing the prescribed fees for such certificate.". (a) the following shall be added as THIRTY FOURTH SCHEDULE, namely:- " THIRTY FOURTH SCHEDULE (See section 102) AMENDMENT TO THE KERALA MARINE FISHING (REGULATION) ACT, 1980 (10 of 1981) In section 2, the following proviso shall be added to clause (c), namely:- Provided that upon the constitution of a district council under section 3 of the Kerala District Administration Act, 1979, ˜Authorised Officer' for the purposes of sections 9, 10 and 11 shall means such officer as authorized by the district council by notification in the Gazette."; (b) the following shall be added as THIRTY FIFTH SCHEDULE, namely:- " THIRTY FIFTH SCHEDULE (See section 102) AMENDMENT TO THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD ACT 1957 (9 of 1957) After section 16, the following section shall be inserted, namely:- 16A. Powers of district councils and other local Governments.- (1) The district councils constituted under section 3 of the Kerala district Administration Act, 1979 and other local Government shall be competent to prepare and implement schemes for development of khadi and village industries in their respective jurisdictions and may also propose such schemes to the Board for its approval and assistance. (2) The Board shall use the agency of the local Governments in the district, as far as possible, for the implementation of its schemes and programmes.". (c) the following shall be added as THIRTY SIXTH SCHEDULE, namely:- "THIRTY SIXTH SCHEDULE (See section 102) AMENDMENT TO THE KERALA PUBLIC LIBRARIES (KERALA GRANTHASALA SANGHOM) ACT, 1989 (15 of 1989) (1) To sub-section (1) of section 10, the following proviso shall be added, namely:- ˜Provided that where there is a district council constituted under section 3 of the Kerala District Administration Act, 1979, the power vested in Government under this sub-section shall, subject to such conditions and restrictions as may be prescribed, be exercised by that district council.'. (2) In sub-section (1) of section 12, for the words ˜from the date on which the Government notifies the', the words ˜from the date of notification of the' shall be substituted. (3) To sub-section (1) of section 18, the following proviso shall be added, namely:- ˜Provided that where there is a district council constituted under section 3 of the Kerala district Administration Act, 1979, the power vested in Government under this sub-section shall, subject to such conditions and restrictions as may be prescribed, be exercised by that district council.'. (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. | ||||||||||||
| Kerala State Acts |