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model check list for returning officers and assistant returning officers

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Section<br />

of act<br />

A CHART ON DISQUALIFICATION ON THE GROUND OF CONVICTIONS FOR OFFENCES<br />

(Under Section 8 of RP Act 1951)<br />

Details of Offences Fine <strong>and</strong> Period of<br />

imprisonment required of<br />

Sec.8(1) Offences Under Indian Penal Code<br />

(a) Offence of promoting enmity between different group of religion,<br />

race, place or birth, language, etc.; (Sec.153A)<br />

Offence of bribery; (Sec.171E)<br />

Offence of undue influence or personation at an election; (171F)<br />

Offences relating to rape under Sec.376(1)&(2) ,376A,376B,<br />

376C,376D<br />

Offences of cruelty towards a woman by husb<strong>and</strong> or relative of a<br />

husb<strong>and</strong>.(Sec. 498A)<br />

Offence of making statement creating or promoting enmity,<br />

hatred or ill will between classes or offence relation to such<br />

statement in any; place worship or religious ceremony. (Sec505)<br />

(b) The Protection of Civil Rights Act, 1955 which provides <strong>for</strong><br />

punishment <strong>for</strong> the preaching <strong>and</strong> practice of untouchability, etc.<br />

(c) Offence of Importing or exporting prohibited goods (Under<br />

Section 11 of the Customs Act.)<br />

(d) Offence of being a member of an association declared unlawful,<br />

offence relating to dealing with funds of an unlawful association<br />

or offence relating to contravention of an order made in respect of<br />

a notified place of the Unlawful Activities (Prevention) Act, 1967<br />

(e) The Foreign Exchange (Regulation) Act, 1973<br />

(f) Narcotic Drugs <strong>and</strong> Psychotropic Substances Act, 1985<br />

(g) Offences of committing terrorist act or offences of committing<br />

disruptive activities(TADA, 1987)<br />

(h) Offences of contravention of the provisions of the Religious<br />

Institution (Prevention or Misuse) Act, 1988<br />

(i) Offence of promoting enmity between classes in connection with<br />

the elections, offences of removal of ballot papers from polling<br />

stations or offence of booth capturing or offence of fraudulently<br />

defacing or fraudulently destroying any nomination paper<br />

(Offences under R.P. Act, 1951)<br />

(j) Offence of conversion of a place of worship (Places of Worship<br />

disqualification<br />

only Fine<br />

Imprisonment of any period<br />

Period <strong>for</strong> which a person<br />

shall be deemed to be<br />

disqualified<br />

If only Fine- For a period of<br />

Six year from the date of<br />

such conviction<br />

From the date of such<br />

conviction <strong>and</strong> shall<br />

continue to be disqualified<br />

<strong>for</strong> a further period of six<br />

years since his release<br />

27

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