29. The following new sections are hereby inserted immediately after section 81, and shall have effect as sections 81A, 81B, 81C and 81D of the principal enactment :-
| 81A.
| | (1) No person shall, on any date on which a poll is taken at a polling station, do any of the following acts within a distance of a quarter of a mile of the entrance of that polling station :-
| | | (a) canvassing for votes ; |
| (b) soliciting the vote of any voter ; |
| (c) persuading any voter not to vote for any particular candidate ; |
| (d) persuading any voter not to vote at the election ; |
| (e) distributing or exhibiting any handbill, placard, poster or notice relating to the election (other than any official handbill, placard, poster or notice) or any symbol allotted under section 38 to any candidate. |
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| | (2) No person shall, on any date on which a poll is taken at any polling station-
| | | (a) use or operate, within or at the entrance of a polling station or in any public or private place in the neighbourhood thereof, any megaphone or loudspeaker or other apparatus for magnifying or reproducing the human voice ; or |
| (b) shout or otherwise act in a disorderly manner within or at the entrance of a polling station or in any public or private place in the neighbourhood thereof, |
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| | (2A) NO person-
| | | (a) who is a candidate at any election in any electoral area shall, on the day on which the poll is taken at such election, use in that area any building or structure (whether temporary or otherwise), other than the ordinary place of residence of such candidate, for any purpose calculated to promote the election of such candidate ; or |
| (b) shall, at any time during the period commencing on the day of nomination at any election in any electoral area and ending on the day immediately following the date on which the poll is taken at such election, conduct, hold or take part in any procession, other than a procession on May 1, in any year, or any procession for religious or social purposes ; or |
| (c) shall, at any procession held or conducted during the period referred to in paragraph (b) of this subsection, do any act or thing calculated to promote the election referred to in the said paragraph (b). |
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| | (3) Every person who contravenes any of the provisions of subsection (1), subsection (2) or subsection (2A) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment. | | |
| | (4) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (2) and may seize any apparatus used for such contravention. | | |
| | (5) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence. | | |
| | (6) Every offence under this section shall be a cognizable offence within the meaning of the Criminal Procedure Code. | | |
| | (7) A prosecution for an offence under this section shall not be instituted Without the sanction of the Attorney-General . | | |
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| 81B.
| | (1) During the period commencing on the day of nomination at any election under this Ordinance and ending on the day following the day on which a poll is taken at such election, no person shall, for the purpose of promoting the election of any candidate at such election, display-
| | | (a) in any premises, whether public or private, any flag or banner except in or on any vehicle that is used for the conveyance of a candidate at such election, or |
| (b) any handbill, placard, poster, notice or sign on any place to which the public have a right of, or are granted, access except in or on any premises on any day on which a meeting in support of a candidate at such election is due to be held in that premises; or |
| (c) any handbill, placard, poster, notice, sign, flag or banner, on or across any public road; or |
| (d) any handbill, placard, poster, notice or sign in or on any, vehicle, except in or on any vehicle that is used for the conveyance of a candidate at such election. |
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| | (2) Every person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment. | | |
| | (3) Every person who attempts to commit an offence specified in this section shall be liable to the punishment prescribed for that offence. | | |
| | (4) Every offence under this section shall be a cognizable offence within the meaning of the Criminal Procedure Code. | | |
| | (5) Any police officer may take such steps, and use such force, as may be reasonably necessary for preventing any contravention of the provisions of subsection (1) and may seize and remove any handbill, placard, poster, notice, sign, flag or banner used in such contravention. | | |
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| 81C.
| | (1) No person shall let, lend, employ, hire, borrow or use, or aid or abet any other person to let, lend, employ, hire, borrow or use, any vehicle, vessel or animal for the purpose of conveying any voter to or from the poll. | | |
| | (2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one hundred rupees, or to imprisonment of either description for a term not exceeding one month, or to both such fine and imprisonment. | | |
| | (3) Notwithstanding anything in the preceding provisions of this section,-
| | | (a) where a person is unable at any election under this Ordinance to reach his polling station from his place of residence without crossing the sea or a branch or arm thereof or a river, the use of a means of transport to enable him to reach his polling station shall be deemed not to be a contravention of the provisions of subsection (1) ; |
| (b) the conveyance of a person at his own expense to or from the poll at any election in, or the use by any person at his own expense for the purpose of the conveyance of himself to or from the poll of, any public transport service provided by the Ceylon Transport Board, the Ceylon Government Railway, or the Colombo Municipal Council, shall be deemed not to be a contravention of the provisions of subsection (1) ; |
| (c) where the returning officer for any electoral area is satisfied upon written application in that behalf made to him by any person (not being a candidate) so as to reach such officer seven days before the day on which a poll is to be taken at any election in that area, that such person is unable, by reason of any physical disability, to convey himself to and from the poll on foot or in any public transport service referred to in paragraph (b) of this subsection, the returning officer may give such person written authority to use any vehicle, vessel or animal for the purpose of conveying himself to and from the poll, and accordingly the use of a vehicle, vessel or animal for the purpose of such conveyance by such person shall be deemed not to be a contravention of the provisions of subsection (1). |
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| | (4) Where at a poll taken at any election in any electoral area under this Ordinance, any vehicle, vessel or animal is being used in contravention of the provisions of subsection (1), any police officer may stop and seize such vehicle, vessel or animal, and take it to a police station and detain it therein until the conclusion of the poll. | | |
| | (5) A court may, on the conviction of any person for an offence under this section, make order declaring that any vehicle, vessel or animal used in or in connection with the commission of such offence shall be forfeited to Her Majesty. | | |
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| 81D.
| | (1) Where there is published in any newspaper any false statement concerning, or relating to,-
| | | (a) the utterances or activities at any election under this Ordinance of any candidate, or any political party which is contesting such election, whether or not such party is a recognized party for the purpose of local elections ; or |
| (b) the conduct or management of such election by such candidate, or any such party, |
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| | (2) Any person who is guilty of an offence under subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment. | | |
| | (3) In this section, the term " newspaper" includes any journal, magazine, pamphlet or other publication. | | |
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Sri Lanka Consolidated Acts