Annexures

Loksatta "Anti-Corruption"


English Translation	Telugu Translation	Correspondence To
Response From	My Info	Glorification
Thanks & Compliments	Builders Info	Acts and laws
Your Opinion	Electoral Reforms	Discussion Paper

Annexure - 1

Criteria for Rowdies and Classification of Rowdy Sheets

The following persons many be classified as Rowdies and Rowdy sheets may be opened for them under the standing order of 742 of the Superintendent of Police or Sub Divisional Officer.

2. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace;
4. Persons bound over under Sections 106, 107, 108(c) and 110(1) of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974);
6. Persons who have been convicted more than once in two consecutive years under Section 75 of the Madras City Police Act or under Section 3, clause 12, of the Towns Nuisances Act;
8. Persons who habitually tease woman and girls by passing indecent remarks or otherwise; and
10. In the case of rowdies residing in an area under one Police Station but are found to be frequently visiting the area under one or more other Police Stations their rowdy sheets can be maintained at all such Police Stations.

(G.O. Ms. No. 656, Home (Police - D) Department, dated 8^th April, 1971)

Criteria for History Sheeters, Suspects and Opening of History Sheets

As per Police standing order of 733 History Sheets of persons residing permanently or temporarily in the station limits, who are known or believed to be addicted to or to aid and abet the commission of crime, whether convicted or not or who are believed to be habitual receivers are maintained.

Automatic opening of History Sheets, as per Police Standing Order of 734, is maintained at the time of conviction for persons convicted as under and shall be retained for two years after release from jail.

Persons are how Convicted	Number of times Convicted
Persons released from imprisonment for life under chapters XII and XVII of the Indian Penal Code. Professional Prisoners Indian Penal Code Sections 395 to 40	Once
Indian Penal Code Sections 392 to 394, if convicted or liable To conviction under Section 75 of the Indian Penal Code	Twice
House Breaking	Twice
Theft	Thrice
Bad livelihood sections of the Code of Criminal Procedure: Bound over under Section 109 : Bound over under Section 110 :	Twice Once

Police Standing Order 736 deals with Suspects. The following persons should be classified as suspects and history sheets shall be opened for them under the orders of the Superintendent of Police or Sub – Divisional Officer:

2. Persons once convicted under any section of the Indian Penal Code who are considered likely to commit crime again, and
4. Persons not convicted, but believed to be addicted to crime.
6. Care should be taken to see that History Sheets are opened under this Order only for persons who are likely to turn out to be habitual criminals and, therefore require to be close watched.

Annaxure-2

Classification of Offences and Period of Disqualification

The following table gives the type of crime, the period of disqualification and the sections dealing with the relevant laws.

S.no	Offence	Law	Period of Disqualification
1	Promoting enemity between different groups on ground of convictionreligion, race, place of birth,residence, language, etc. and doing acts prejudicial to main-tenance of harmony.	IPC 153 A & B	Six years from the day of conviction
2	Bribaary	IPC 171 E	-DO-
3	Undue influence or personation at an election.	IPC 171 F	-DO-
4	Rape	IPC 376 or 376 A, B, C & D	-DO-
5	Cruelty towards women	IPC 498 A	-DO-
6	Promoting enemity, hatred, ill will between different religious groups.	IPC 505	-DO-
7	Practice of untouchability	22 OF PCR ACT	-DO-
8	Importing or Exporting of prohibited goods	SECTION 11 OF CUSTOMS ACT.1962	-DO-
9	Membership in prohibited associations	Sections 10, 11, 12 of Unlawful Activities (prevention) Act 1967	-DO-
11	Offences of Narcotic Drugs and Psychotropic substances	Narcotic Drugs and psychotropic substances Act, 1985	-DO-
12	Offences of committing Terrorist acts and disruptive activities.	TADA ACT,1987 SECTION 3(Not in vouge at present)	-DO-
13	Misuse of religious institutions	Religious Institutions (Preventions of Misuse)Act, 1998, 41 of Section 7.	-DO-
14	Electoral Malpractices	RP Act, 1951, Sections 125, 135, 135A, 136	-DO-
15	Offences regarding places of Worship	Place of Worship (special Worship provisions)1991 Act,Section 6.	-DO-
16	If sentenced for Six Months under hoarding or profiteering	Prevention of hoarding or profiteering Act	Six years after completion of conviction
17	Adulteration of food or Drugs	Prevention of Adulteration of food or Drugs Acts	-DO-
18	Offences relating to Dowry	Dowry Prohibition Act, 1961, Section 28.	-DO-
19	Offences relating to violation sati Act.	Commission of Sati (prevention) Act 1987,Section 3	-DO-
20	Electoral Malpractices and Corruption	RP Act,1951,Section99	-DO-
21	Removal from Government Job on the grounds of Corruption	Government Regulations	5 YEARS
22	Not informing to Election Commission about Election Expenditure	RP Act, 1951	3 years
23	Electoral offences	IPC 171 E, F & RP Act 1951, Section 125, 135,136.	6 years

Annexure - 3

Law Commission Proposals for Framing of Charges and Disqualifications

Law Commission proposes certain amendments to RP Act, 1951. To quote the report, "major proposal put forward relates to amendment of sect
Law Commission proposes certain amendments to RP Act, 1951. To quote the report, "major proposal put forward relates to amendment of section 8 of the Representation of the People Act 1951 which, as it now stands, provides for disqualification on the ground of conviction for certain named offences. It is well known that mafia leaders and leaders or members of criminal gangs rarely get convicted by courts. The reasons for this phenomenon are well known, the foremost among them being the unwillingness of the witnesses to come forward and depose for fear of reprisals from the accused. It is accordingly proposed that even if charges are framed under any of the offences mentioned in sub-section (1) is not necessary; if the charges are framed by the court under any of those offences, it would be sufficient to attract the disqualification under section 8. For this purpose, several measures have to be adopted, namely,

Shifting the offences under the Protection of Civil Rights Act, 1955 from sub-section (1) of section 8 to sub-section (2) thereof. This is for the reason that in the opinion of the Commission it is not advisable to increase the punishment provided by the provisions of the Civil Rights Act to three years (in which case along it would become a warrant case, requiring the framing of charges).
It is suggested that the punishment under sections 171E and 171F should be enhanced to three years in addition to fine in place of the existing punishment of one year of fine or both. It is also suggested that offences under sections 171G, 171H and 171I of the Indian Penal Code should not only be included in clause (a) of subsection (1) of section 8, but the punishment under the said three sections should also be enhanced to three years in addition to fine. It may be mentioned that all the offences mentioned under sections 171E to 171I are offences relating to elections. These provisions were added by chapter IXA introduced in the IPC by Amendment Act 39 of 1970. Over the years, we have seen that these offences are on rise and are becoming more widespread, and more serious. To counteract this trend, it is necessary to enhance the punishment under the aforesaid sections so as to make the procedure relating to warrant cases applicable in all such cases. It may be mentioned that in cases triable as warrant cases, the framing of charges is obligatory (unless of course the accused is discharged) whereas in case of offences triable according to summons procedure, framing of the charges is optional with the court. Once the procedure for warrant cases is attracted and charges are framed in respect of specified offences, the accused person would be disqualified under section 8 of the Representation of People Act, 1951. Necessary Amendment Bill for this purpose is appended herewith as IPC (Amendment) Bill.
Similarly, the punishment under sections 135, 135A and 136(2) of the Representation of the People Act is also proposed to be enhanced to three years. These offences pertain to removal of ballot papers from polling stations, booth capturing and fraudulently defacing of destroying nomination papers. They too are election offences and deserve to be treated on par with, if not more severely than, the offences mentioned in Chapter IXA of the Indian penal Code."(Page No.20 to 23 of Working paper on Reform of the Electoral Laws, September 1998)

The detailed Amendments to various Sections of the RP Act, 1951

Amendment of Section 8:

In section 8 of the Principal Act, for the existing title, the following title shall be substituted:
"Sec. 8 Disqualification for certain offences.
For sub-sections (1) and (2), the following sub-sections shall be substituted:

1. A person against whom charge has been framed under, or who has been convicted of an offence punishable under -

1. Section 153A or section 171E or Section 171F or section 171G or section 171H or section 171I of sub-section (1) of sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D or section 498A or Sub-section (2) or sub-suction (3) of section 505 of the Indian Penal Code (45 of 1860); or
2. Section 11 of the Customs Act, 1962 (52 of 1962); or
3. Sections 10 to 12 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or
4. The Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or
5. The Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
6. Section 3 or section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or
7. Section 7 of the Religious Institutions (prevention of Misuse) Act, 1988 (41 of 1988); or
8. Section 125 or section 135 or section 135 A or sub-section (2) or section 136 of this Act, shall be disqualified for a period of twelve years from the date of framing of such charge or such conviction as the case may be.

1. A person convicted for the contravention of -

1. any law providing for the preventing of hoarding or profiteering; or
2. any law relating to the adulteration of food of drugs; or
3. any provisions of the Dowry Prohibition Act, 1961 (28 of 1961); or
4. any provisions of the Commission of Sati (Prevention) Act, 1987 (3 of 1987); or
5. the Protection of Civil Rights Act, 1955 (22 of 1955); or
6. any provisions of the Prevention of the Insults to National Honour Act, 1971

And sentenced to imprisonment for not less than six months shall be disqualified from the date of such conviction and shaany provisions of the Prevention of the Insults to National Honour Act, 1971

And sentenced to imprisonment for not less than six months shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release."(Page No.46-48)

Amendments to Chapter IXA of the Indian Penal Core, 1860

Amendment of sections 171E, 171F, 171G, 171H and 171I of Indian Penal Code;

In chapter IXA of the Indian Penal Code, for sections 171E, 171F, 171G, 171H and 171I, the following sections shall be substituted:

"171E. Punishment for bribery. - Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

171F. Punishment for undue influence or personation at an election. - Whoever commits the offence of undue influence of personation at an election shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

171G. False statement in connection with an election. - Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

171H. Illegal payments in connection with an election. - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate shall be punished with imprisonment of either description which may extend to three years and fine which may extend to five hundred rupees.

Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred, the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate.

171I. Failure to keep election accounts. Whoever being required by any law for the time being in force of any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

171J. Exceeding the prescribed limit of election expenses - Any candidate whose expenditure on election exceeds the amount prescribed under sub-section (3) of section 77, shall be punished with imprisonment which may extend to three years and shall also be liable to fine. (Pages No.73-75)

Annexure - 4

Proposed proforma for furnishing information under Sections 8, 8A and 9 dealing with the disqualification from contesting election.

Annexure -5

Statement of Income and Expenditure

The statement of accounts shall comprise accounts of income and expenditure and an account of assets. It shall be drawn up in accordance accepted bookkeeping principles and with due regard for the purposes of this Law. The statement of accounts of the political party in its entirety shall incorporate the statements of accounts separately showing federal and state organisations and the statements of accounts of the subordinate organizations of each respective state organization. The state organizations and their subordinate organizations shall attach to their statements of accounts a complete list of all donations together with the names and addresses of the donors. The party state organisations shall keep the partial reports of the district organizations subordinate to them in collective form in their own accounting documents.
Income includes:

1. Members' subscriptions and similar regular contributions.
2. Donations from natural persons
3. Donations from legal entities
4. Income from assets
5. Income from organized events, distribution of printed materials and published materials and other income-raising party activities
6. Public funds
7. Other income
8. Grants from subdivisions
9. Total income from items 1 to 8

Expenditures includes:

1. Staff
2. Current business activities
3. General party work
4. Elections
5. Interest
6. Other expenditures
7. Allocations to subdivisions

The statement of assets comprises:

1. Property

1. Capital assets

1. 1. Real estate and land
  2. Equipment of premises
  3. Financial investments

1. Working capital

1. 1. Claims on subdivisions
  2. Claims for public funds
  3. Monetary assets
  4. Other assets

III. All property

2. Debts

I Reserves

1. Pensions
2. Other reserves

II Liabilities

1. Liabilities towards the subdivisons
2. Liabilities towards credit institutes
3. Other liabilities

III All debts

3. Net Assets (positive or negative).

The statement of accounts shall show separately the total contributions of natural persons up to Rs.25,000 per person as well as the total contributions of natural persons which exceed the amount of Rs.25,000
The report shall be preceded by a summary of :

income of the whole party in accordance with Paragraph 2, Nos.1 to 7 and their total,
expenditure of the whole party in accordance with Paragraph 3, Nos.1 to 6 and their total,
any surplus or deficit,
property of the whole party in accordance with Paragraph 4, No.1 I and II 2 to 4 and their total
debts of the whole party in accordance with Paragraph 4, No.2 I and II 2 and 3 and their total,
net assets of the whole party (positive or negative),
total income, total expenditure, surpluses or deficits as well as net assets of the three subdivisional levels; national organization, land organizations and district organizations.

In addition to the absolute figures for Nos.1 and 2 the respective percentage of total income under No.1 and total expenditure under No.2 must be indicated.

The number of members at the end of the year must be indicated
The party may attach brief explanations to the statement of accounts and especially to specific items.
Public grants for party youth organizations shall not count towards the absolute and relative limits. They should be indicated in the party's statement for information purposes but are not to be included in the statement of income and expenditure.

Annexure - 6

AFFIDAVIT

I_______________________________Son/daughter/wife of____________________________

aged_____ years, resident of ______________________________________________am a candidate for election to the Office of ________________, and I do hereby solemnly affirm and declare as follows:-

1. That, I have filed my nomination paper(s) for the above election.
2. That, in connection with my candidature for the above election, I am submitting here with the information in the prescribed proforma and the Statement of Assets and Income pertaining to myself, my spouse and dependent members of my family under RP Act 1951
3. That the information furnished is true to the best of my knowledge and belief and that nothing material has been concealed therefrom.

Deponent

Place:-

Date:-

Verified before me

(Signature of verifying authority with seal)

Annexure - 7

VERIFICATION OF ELECTORAL ROLLS

Sl.No	Polling Booth No & Constituency name & Number	Area	No. of Voters on the list	No. of voters verified by Election Watch	No. of additions needed(%)	No. of deletions needed (%)	Remarks
1	No.54 & Khairatabad Constituency - 210	Ameerpet, Vidyodaya High School Polling station	981	825	16(01.9)	79(9.5)	Voters after shifting of residence also wanted to cast their votes in the same booth
2	No.47 & Secunderabad Cantonment Constituency - 211	Rasoolpura, Gun Bazar, Begumpet Polling Station	4135	1154	205(17.7)	136(11.7)	Deletions due to shifting of residence and additions due to migration
3	No.229 & Secunderabad Contonment Constituency - 211	Tarnaka, David Memorial High School Polling station	1638	418	217(51.9)	136(32.5)	99% of deletions due to shifting of residence. Additions due to shifting of residence, attaining of franchise age, omission and migration from other areas
4	No.231 & Secunderabad Cantonment Constituency - 211	Tarnaka David Memorial High School Polling station	572	400	202(51.9)	182(41.5)	Comprehensive revision of the voters has not been undertaken by the Govt
5	No.144 & Khairatabad Constituency - 210	Madhuranagar, Yellareddyguda Polling station	1296	1296	478(36.8)	300(23.1)	Deletions due to shifting of residence and additions due to migration

Annexure - 8

Verification of Polling - Survey Results

Sl. No	Assembly Consti tuency / Polling Booth No.	Area	No. of voters in the list	No. of votes polled	No of voters in Col.5 reported 'voted'	No of voters in Col. 5 reported 'not voted'			Total voters reporting 'Not Voted' Columns (7 to 9)
						Residing in the area but not voted	Non-Residents
						Residing in the area but not voted	Left Polling Booth area but residing elsewhere within town	Left the city/country (including deaths)
1	2	3	4	5	6	7	8	9	10
1	207 / 173	Himayatnagar Urdu Hall area D.No. 3-6-110/1 to 3-6-139/6	1143	625	483	5 (0.8)	91 (14.6)	46 (7.4)	142 (22.7)
2	207 / 176	Himayatnagar D.No. 3-6-190/5 to 3-6-271/1	956	459	377	15 (3.3)	41 (8.9)	26 (5.7)	82 (17.9)
3	209/ 93	Chilakalaguda D.No.10-7-1001 to 10-7-1214/6	725	428	306	20 (4.7)	95 (22.2)	7 (1.6)	122 (28.5)
4	209/ 75	Gopalapuram 10-6-92/1 to 10-6-509	989	495	380	42 (8.5)	72 (14.5)	1 (0.2)	115 (23.2)
5	210/ 426	Lothukunta / Sainagar 1-11-1 to 1-11-141/C	893	476	399	22 (4.6)	49 (10.3)	6 (1.2)	77 (16.2)
		Total	4706	2483	1945	104 (4.2)	348 (14)	86 (3.5)	538 (21.7)

Note : Figures in brackets denote the percentage of votes polled in Column 5

Annexure 9

Independents Elected to Lok Sabha

Year	No. of Seats Filled	No. of Independents Elected	Percentage of Independents Who Lost Deposit
1952	489	38	66.6
1957	494	42	60.1
1962	494	20	79
1967	520	35	86.2
1971	518	14	94
1977	542	9	97.2
1980	529	9	98.9
1984	542	5	99.7
1989	529	12	98.9
1991	534	1	99.5
1996	542	9	99.7
1998	542	6	--

Annexure - 10

12^th General Elections – 1998

Number and Percentage of Votes Polled by Elected Candidates

Serial No.	Percentage of Votes	Number of Candidates
1.	55 and above	61
2.	50 – 54	119
3.	45 – 49	144
4.	40 – 44	112
5.	35 – 39	75
6.	30 – 34	29
7.	1 – 29	3
	Total	543

* Source: Compiled by Lok Satta Data Unit from Election Commission Of India, Statistical Report on General Elections, 1998 to the Twelfth Lok Sabha, Volume – III (Detailed Results), New Delhi.

Annexure - 11

Distribution of seats in the PR System combined with constituency Election

No of seats : 31

Sl No.	Party	No of votes	No of seats won in constituency
1	A	22400	8
2	B	18300	4
3	C	7200	2
4	D	1900	1
5	E	3200	1
		53000	16

Threshold level for distribution of seats = 10% of 53000 = 5300. Therefore parties D & E are eliminated from contest. However, they will retain the constituency seats won by them.

Balance votes obtained by eligible parties = 47900

Number of seats as per PR system

Party A :	22400*31 = 14.49=14+0 = 47900	14
Party B :	18300*31 = 11.84 = 11+1 = 47900	12
Party C :	7200*31 = 4.65 = 4+1 = 47900	5

Final composition in the legislature

Sl No	Party	No of eligible under PR System	No. won in constituencies	Balance to be drawn from party legislature	Total No of legislature
1	A	14	8	6	14
2	B	12	4	8	12
3	C	5	2	3	5
4	D	-	1	-	1
5	E	-	1	-	1
		31	16	17	33

Strength of legislature (original)= 31; Supernumerary number added (Parties D and E)= 2

New strength of legislature = 33

<<Home>> | Back to top ^

My Info | Presentation | Builders Info | Thanks To

ll continue to be disqualified for a further period of six years since his release."(Page No.46-48)

Amendments to Chapter IXA of the Indian Penal Core, 1860