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Core Purpose

Notification amending the Conduct of Elections Rules, 1961 under section 169 of the Representation of the People Act, 1951 (43 of 1951), styled the Conduct of Elections (Amendment) Rules, 2023.

Detailed Summary

The Ministry of Law and Justice (Legislative Department), via S.O.3778(E) dated 23rd August 2023, in exercise of powers under section 169 of the Representation of the People Act, 1951 (43 of 1951), and after consulting the Election Commission of India, notifies the Conduct of Elections (Amendment) Rules, 2023, effective from publication, which amend the Conduct of Elections Rules, 1961 (principal rules published via S.O.859(E) dated 15th April 1961, last amended by S.O.5038(E) dated 27th October 2022) by: inserting new rule 18A requiring a voter on election duty to receive a postal ballot, record the vote, and return it at a facilitation centre specified by the returning officer; substituting 'any Group A or Group B officer' for 'any gazetted officer' in rule 24(2)(c); substituting, in rule 27A(c), a reference to 'a person with benchmark disability as defined in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016 and flagged' for 'a person flagged'; substituting 'above 80 years' for 'above 65 years' in rule 27A(e); and amending Form 13D to replace 'any Gazetted Officer' with 'any Group A or Group B officer' and to add a provision on postal ballot procedure at facilitation centres for voters on election duty. The notification is issued under F. No. H-11019/12/2022-Leg.II and signed by Diwakar Singh, Joint Secretary and Legislative Counsel.

Full Text

5440 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 3618] NEW DELHI , WEDNES DAY , AUGUST 23, 2023/ BHADRA 1, 1945 CG-DL-E-23082023-248257 [िा. सं. एच-11019/12/2022 -जि.2] MINISTRY OF LAW AND JUSTICE (Legislative Department ) NOTIFI CATION New Delhi, the 2 3rd August, 2023 S.O. 3778(E).— In exercise of the powers conferred by section 169 of the Representation of the People Act, 1951 (43 of 1951), the Central Government, after consulting the Election Commission of India, hereby makes the following rules further to amend the Conduct of Elections Rules, 1961, namely: — 1.(1) These rules may be called the Conduct of Elections (Amendment) Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Conduct of Elections R ules, 1961 (hereinafter referred to as the said Rules), after rule 18, the following rule shall be inserted, namely: — “18A. Voters on election duty to cast his vote at facilitation centre. — Notwithstanding anything in this Part , a voter on election duty shall receive his postal ballot , record his vote thereon in accordance with this Part and return the same at the facilitation centre as specified, in writing, by the returning officer .”. 3. In rule 24 of the said Rules, in sub -rule (2), in clause (c), for the words “any gazetted officer”, the words “any Group A or Group B officer” shall be substituted. 4. In rule 27A of the said Rules, — (a) in clause (c), for the words “a person flagged”, the words “a person with benchmark disability as defined in clause (r) of section 2 of the Rights of Persons with Disabilities Act, 2016 and flagged” shall be substituted; (b) in clause (e), for the words and figures “above 65 years”, the words and figures “above 80 years” shall be substit uted. 5. In Form 13D to the said Rules, in paragraph (5), — (a) for the words “any Gazetted Officer”, the words “any Group A or Group B officer” shall be substituted ; (b) the following shall be inserted at the end, namely: — “A voter on election duty wh o opts for postal ballot shall receive his postal ballot , record his vote thereon and return the same at the facilitation centre as specified, in writing, by the returning officer .”. [F. No. H -11019/12/2022 -Leg.II] DIWAKAR SINGH, Jt. Secy. and Legislative Counsel Note.—The principal rules were published in the Gazette of India, Extraordinary vide notification number S.O.859(E), dated the 15th April, 1961 and were last amended vide notification number S.O.5038(E), dated the 27th October, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publicatio ns, Delhi -110054.

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