Representation of the People Act,1951
Act No : 43
Section :
Disqualification on conviction for certain offences.
8. Disqualification on conviction for certain offences. 5[(1) A person convicted of an offence punishable under-- (a) section 153A (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 171E (offence of bribery) or section 171F (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D (offences relating to rape) or section 498A (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; or (b) the Protection of Civil Rights Act, 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 (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 (37 of 1967); or (e) the Foreign Exchange (Regulation) Act, 1973 (76 of 1973); or (f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or (g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive activities) of the Terrorist and Disruptive Activities (Prevention ) Act, 1987 (28 of 1987); or (h) section 7 (offence of contravention of the provisions of sections 3 to 6) of the Religious Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or (i) 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 135A (offence of booth capturing) of clause (a) of sub-section (2) of section 136 (offence of fraudulently defacing or fraudulently destroying any nomination paper) of this Act; [or] 6["(j) section 6 (offence of conversion of a place of worship) of the Places of Worship (Special Provisions) Act, 1991,"] [or]7 7["(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or section 3 (offence of preventing singing of National Antham) of the Prevention of Insults to National Honour Act, 1971 (69 of 1971);] shall be disqualified for a period of six years from the date of such conviction. (2) A person convicted for the contravention of-- (a) any law providing for the prevention of hoarding or profiteering; or (b) any law relating to the adulteration of food or drugs; or (c) any provisions of the Dowry Prohibition Act, 1961 (28 of 1961); or (d) any provisions of the Commission of Sati (Prevention) Act. 1987 (3 of 1988), 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. (3) 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) or sub-section (2)]shall be disqualified form the date of such conviction and shall continue to be disqualified for a further period of six years since his release.] (4) Notwithstanding anything in sub-section (1),sub-section(2),or sub-section (3)] a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of Parliament or the Legislature of a State, take effect until three months have elapsed --------------------------------------------------------------------- 1 Subs. by Act 47 of 1966, s, 20. for Chapter II (w.e.f. 14-12-1966). Previous ss. 10 and 11 were rep. by Act 103 of 1956, s. 66. 2 Subs. by Act 35 of 1969, s. 5. for certain words. 3 Ins. by Act 106 of 1976 , s.21 ,(w.e.f.19-11-1976). 4 Ins. by Act 3 of 1988,s.19 (w.e.f.21-3-1988). 5 Subs. & renumbered by Act 1 of 1989 s.4 (w.e.f.15-3-1989). 6 Ins. by Act 42 of 1991, s.8 (w.e.f.18-9-1991). 7 Added & Ins. by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996). --------------------------------------------------------------------- 46 from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by the court. Explanation.-In this 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 commo- dity 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 Durgs and Cosmetics Act, 1940 (23 of 1940) (c) "essential commodity" has the meaning assigned to it in the Essential Commodity Act, 1955; (10 of 1955) (d) "food" has the meaning assigned to it in the Prevention of Food Adulteration Act, 1954.(37 of 1954) 1[8A. Disqualification on ground of corrupt practices. (1) The case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, as soon as may be after such order takes effect, by such authority as the Central Government may specify in this behalf, to the President for determination of the question as to whether such person shall be disqualified and if so, for what period: Provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect. (2) Any person who stands disqualified under section 8A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975, (40 of 1975) may, if the period of such disqualification has ---------------------------------------------------------------------- 1 Subs. by Act 40 of 1975, s. 2. for section 8A, (w.e.f. 6-8-1975). ---------------------------------------------------------------------- 47 not expired, submit a petition to the President for the removal of such disqualification for the unexpired portion of the said period. (3) Before giving his decision on any question mentioned in sub- section (1) or on any petition submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on such question or petition and shall act according to such opinion.]
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