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Election Officers (Special Provisions) Ordinance, 1990

Act No.13, 1991

An Act made to provide for the discipline and control of election officers

Whereas it is expedient to provide for the discipline and control of election officers in order to ensure free, unobstructed and impartial elections;

Now, therefore, it is enacted as follows:-

1. Short title.- This Act shall be called Election Officers (Special Provisions) Ordinance, 1990.

2. Definitions.- Unless there is anything repugnant in the subject or context, in this Act-

a) "commission" means the election commission formed in accordance with the Constitution;
b) "service rules" means any act, rule, provision, regulation, agreement, document, appointment letter and condition related to a service;
c) "election" means any election conducted or carried out by, or under the superintendance of, the commission;
d) "election officer" means any person appointed to perform duties and services relating to elections and any person appointed to maintain discipline in polling stations;
e) "appointing authority" means any person or authority appointing any person to a service;
f) "returning officer" means any returning officer appointed by the commission under any Act relating to elections and any election officer accomplishing duties as a returning officer.

4. Service of election officers and its control.- (1) Whoever has been appointed as an election officer may not, without any reason acceptable to the commission or, as the case may be, to the returning officer, declare that he is incapable or unwilling to accept and accomplish his duties.
(2) The authority which has appointed a person as an election officer may not obstruct him in accomplishing his duties as an election officer, nor restrain him from doing so.
(3) Whoever has been appointed as an election officer shall, with regard to the additional duties of his service, be deemed to be recruited into service under the commission from the date of his appointment until being released from his duties as an election officer.
(4) For the period of being recruited into such service, the election officer shall accomplish his duties relating to elections under the control of the commission and, as the case may be, of the returning officer and he shall be bound to comply with any of their orders or directions provided that they are lawful.
(5) The duties of an election officer relating to elections shall, for the period of his being drafted into such service, have precedence and such officer may accomplish his other duties, unless they are inconsistent with, or collide with, his abovementioned duties.

5. Disciplinary measures for election officers.- (1) If an election officer has failed intentionally, or disclosed his unwillingness, to comply with any order or direction passed by the commission or, as the case may be, the returning officer with regard to any matter relating to elections, or has contravened intentionally the provisions of any Act relating to elections, or has committed any offence under such Act, he shall be deemed to have committed a misconduct and such misconduct shall be considered an offence punishable in accordance with his service rules.
(2) If an election officer has committed misconduct referred to in subsection (1), the authority which appointed him may remove him from service, or dismiss him, or force him to take leave, or reduce him in rank, or withhold promotion or salary increment for a period which shall not exceed two years:
Provided that such penalty shall not bar or obstruct the imposition of any other punishment for, or any legal proceeding on account of, a failure, unwillingness, contravention or offence referred to in subsection (1).
(3) If an election officer has committed misconduct referred to in subsection (1), the returning officer may, after consultation with the commission or, as the case may be, a commissioner, direct him, subject to the disciplinary measures which may, therefore, be taken against him in accordance with his service rules, to remove himself temporarily from service for a period which shall not exceed two years and the direction of such removal shall be deemed to have been passed in accordance with his service rules by the authority which appointed him and it shall have effect in accordance therewith.
(4) If the commission or, as the case may be, the returning officer has made an application to the appointing authority for disciplinary measures to be taken against an election officer on account of misconduct referred to in subsection (1), the said authority shall, within the period of one month after receipt of the application, take such measures and inform the commission about it.

6. Punishments.- (1) Whoever contravenes the provisions of subsection (1) or (2) of section 4 shall be punishable with imprisonment for a term which shall not exceed one year or a fine not exceeding five thousand Takas or both.
(2) Whoever fails to comply with, or to put into effect, an order passed under subsection (3) of section 5 or contravenes the provisions of subsection (4) of section 5 shall be punishable with imprisonment for a term which shall not exceed six month or a fine not exceeding two thousand Takas or both.

7. Judicial cognizance.- No court may take cognizance of any offence under this Ordinance without a charge in written form from the commission or a person authorized generally or in particular in this behalf by the commission.

8. Repeal.- The Election Officer (Special Provisions) Ordinance, 1990 (Ordinance No.31, 1990) is herewith repealed.