Section 4   [ View Judgements ]

Amendment of Section 37.


In Section 37 of the principal Act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—



"(1) A person convicted of an offence punishable under—



(a) Section 153-A (offence of promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) or Section 171-E (offence of bribery) or Section 171-F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of Section 376 or Section 376-A or Section 376-B or Section 376-C or Section 376-D or Section 498-A (offence of cruelty towards a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of Section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the Indian Penal Code (Central Act XLV of 1860); or



(b) the Protection of Civil Rights Act, 1955 (Central Act XXII of 1955) which provides for punishment for the preaching and practice of "untouchability", and for the enforcement of any disability arising therefrom; or



(c) Section 11 (offence of importing or exporting prohibited goods) of the Customs Act, 1962 (Central Act 52 of 1962); or



(d) Sections 10 to 12 (offence of being a member of an association declared unlawful, offence relating to dealing with funds of an unlawful association or offence relating to contravention of an order made in respect of a notified place) of the Unlawful Activities (Prevention) Act, 1967 (Central Act 37 of 1967); or



(e) the Foreign Exchange (Regulation) Act, 1973 (Central Act 46 of 1973); or the Foreign Exchange Management Act, 1999 (Central Act 42 of 1999); or



(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985); or



(g) Section 7 (offence of contravention of the provisions of Sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (Central Act 41 of 1988); or



(h) Section 125 (offence of promoting enmity between classes in connection with the election) or Section 135 (offence of removal of ballot-papers from polling stations) or Section 135-A (offence of booth capturing) or clause (a) of sub-section (2) of Section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of the Representation of the People Act, 1951 (Central Act 43 of 1951); or



(i) Section 6 (offence of conversion of a place of worship) of the Places

of Worship (Special Provisions) Act, 1991 (Central Act 42 of 1991); or



(j) Section 2 (offence of insulting the Indian National Flag or the Constitution of India) or Section 3 (offence of preventing singing of

National Anthem) of the Prevention of Insults to National Honour Act,

1971 (Central Act 69 of 1971); or



(k) the Prevention of Corruption Act, 1988 (Central Act 49 of 1988); or



(l) any law providing for the prevention of hoarding or profiteering; or



(m) any law relating to the adulteration of food or drugs; or



(n) any provisions of the Dowry Prohibition Act, 1961 (Central Act 28 of 1961)



shall be disqualified for election as a member, where the convicted person

is sentenced to—



(i) only fine, for a period of six years from the date of such conviction;



(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.

Explanation.— In this sub-section,—



(a) "law providing for the prevention of hoarding or profiteering" means

any law, or any order, Rule or notification having the force of law,

providing for—



(i) the regulation of production or manufacture of any essential commodity;



(ii) the control of price at which any essential commodity may be bought or sold;



(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or consumption of any essential commodity;



(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;



(b) "drug" has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940);



(c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955 (Central Act 10 of 1955);



(d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954).



(2) A person convicted of any offence and sentenced to imprisonment for not less than two years other than any offence referred to in sub-section (1)

shall be disqualified for election as a member from the date of such conviction and shall continue to be disqualified for a further period of six years since his release".

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