6. The following new sections are hereby inserted in the principal enactment immediately after the heading "Corrupt Practices", and shall have effect as sections 82A, 82B, 82C, 82D, 82E, 82F, 82G, 82H, 82J, 82K, 82L, 82M and 82N of that enactment :
| 82A.
| | (1) Every person who at any election-
| | | (a) votes in person or by post as some other person, whether that other person is living or dead or is a fictitious person ; or |
| (b) votes more than once in or under his own name at such election, |
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| | (2) For the purposes of this section, a person who-
| | | (a) has applied for a ballot paper for the purpose of voting in person ; or |
| (b) has made an application to be treated as a postal voter; or |
| (c) has marked, whether or not validly and returned a ballot paper issued for the purpose of voting by post, |
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| 82B. Every person who, corruptly, by himself or by any other person, either before, during or after an election, under this Ordinance, directly or indirectly gives or provides or causes to be given or provided, or is necessary to the giving or providing, or pays or engages to pay wholly or in part the expense or giving or providing any meat, drink, refreshment or provision or any money or ticket or other means or device to enable the procuring of any meat, drink, refreshment or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vole at such election or on account of any such person any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector who corruptly accepts or takes any such meat, drink, refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such meat, drink, refreshment or provision, shall be guilty of the offence of treating. |
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| 82C.
| | (1) Every person who directly, or indirectly by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence or restraint or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm or loss upon or against any person in order to induce or compel such person to vole or refrain from voting or on account of such person having voted or refrained from voting or on account of such person having voted or refrained from voting at an election under this Ordinance, or who by abduction duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector, or thereby compels induces or prevails upon any elector either to give or refrain from giving his vote at such election shall be guilty of the offence of undue influence | | |
| | (2) Every person who, at any time during the period commencing from the first day of the nomination period at any election under this Ordinance and ending on the day following the date of the poll at such election-
| | | (a) utters at any religious assembly any words for the purpose of influencing the result off such election or inducing any elector to vote or refrain from voting for any recognized political party or independent group at such election ; or |
| (b) for such purpose distributes or displays at Any religious assembly, any handbill, placard, poster, drawing, notice, photograph of a candidate, symbol, sign, flag or banner; or |
| (c) holds or causes to be held any public meeting at a place of worship for the purpose of promoting the election, or the election campaign of any recognized political party or independent group at such election, |
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| | (3) Any member or official of a religious order or organization
| | | (a) who denies, or threatens to deny, to any member or adherent of that order or organization, or to any member of the family or such member or adherent, any spiritual ministration, service or benefit, to which such member or adherent would in the ordinary course have been entitled ; or |
| (b) excludes, or threatens to exclude, such member or adherent from such order or organization, |
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| | (4) Any person who, being the employer of any other person
| | | (a) terminates or threatens to terminate such employment; or |
| (b) denies or threatens to deny to such other person any benefit or service which such other person has already enjoyed, or would have enjoyed, in the ordinary course of such employment, |
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| 82D.
| | The Following persons shall he deemed to he guilty of the offence of bribery:-
| | | (a) every person who directly or indirectly by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers promises, or promises to procure or to endeavor to procure, any money or valuable consideration to or lot any elector, or to or for any person on behalf of any elector or to or for any other person, in order to induce any elector to vote or refrain From voting or corruptly does any such act as aforesaid on account of such elector having voted or refrained from voting at an election under this ordinance |
| (b) every person who, directly or indirectly, by himself, or by any other person on his behalf, gives or procures, of agrees to give or procure or offers, promises, or promises to procure or to endeavor to procure any office, place of employment to or for any elector or to or for any person on behalf of any elector, or to or for any other person, in order to induce such elector to vole or refrain from voting or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at any election under this Ordinance ; |
| (c) every person who, directly or indirectly by himself or by any other person on his behalf, makes any such gift, loan, offer, promise, procurement, or agreement as aforesaid to or for any person in order to induce such person to procure or endeavor to procure the return of any person as a member of a local authority or the vote of arty elector at an election under this Ordinance ; |
| (d) every person who upon or in consequence of any such gill, loan, offer, promise, procurement, or agreement procures or engages, promises or endeavors to procure, the return of any person as a member of a local authority, or the vote of any elector at an election under this Ordinance ; |
| (e) every person who advances or pays or causes to be paid any money to, or to the use of, any other person with the intent that ,such money or any part thereof shall be expended in bribery at an election under this Ordinance or who knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at such election ; |
| (f) every elector who, before or during an election under this Ordinance, directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan, or valuable consideration, office, place or employment, for himself or for any other person, for voting or agreeing to vote or for refraining or agreeing to refrain from voting at such election; |
| (g) every person who, after an election under this ordinance, directly or indirectly, by himself or by any other person on his behalf, receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or to refrain from voting at such election . |
| (h) every poison who directly or indirectly by himself or by any other person on his behalf on account of and as payment lot voting or for having voted or for agreeing or having agreed to vote for any recognized political party or independent group at an election under this Ordinance or on account of and as payment for his having assisted or agreed to assist any recognised political party of independent group at an election applies to any candidate nominated by such recognized political party or independent group or to his agent or agents, for the gift or loan of any money or valuable consideration or for the promise of the gift or loan of any money or valuable Consideration any office, place or employment for the promise of any office, place or employment; |
| (i) every person who directly or indirectly, by himself or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate at an election under this Ordinance or to refrain from becoming a candidate or to withdraw if he has become a candidate gives or procures any office, place or employment or agrees to give or procure or offers or promises to procure or to endeavor to procure an office, place or employment to or for such other person, or gives or lends or agrees to give or lend, or offers or promises to procure or to endeavor to procure any money or valuable consideration to or for any person or to or for such other person, or to or for any person on behalf of such other person |
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| 82E
| | (1) Every person who-
| | | (a)commits the offence of personation or practice aids, abets, counsels or procures the commission of the offence of personation , or |
| (b) Commits the offence of treating, undue influence or bribery, or |
| (c) makes or publishes, before or during an election under this Ordinance, for the Purpose of affecting the result of that election any lake statement of fact in relation to the personal character or conduct of any candidate or |
| (d) makes or publishes, before or during an election under this ordinance, for the purpose of affecting the result of that election, any false statement of the withdrawal of any candidate at such election, |
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| | (2) Every person who is convicted of a corrupt practice shall, on conviction, become incapable for a period of seven years from the date of his conviction, of being registered as an elector or of voting at any election under this Ordinance or of being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority his election shall be vacated from she date of such conviction. | | |
| | (3) A prosecution for a corrupt practice shall not be instituted without the sanction of the Attorney-General. | | |
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| 82F,
| | (1) Where a corrupt practice is committed in connection with an election under this Ordinance by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents, such candidate shall on conviction by a Magistrate be liable, in the case of the offence of personation to imprisonment for a term not exceeding twelve candidate months, and, in any other case, to a fine not an election, exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment : | | |
| | (2) Every person who is convicted of a corrupt practice under this section shall, on conviction become incapable for a period of seven years from the date of his conviction of being registered as an elector or of voting at an election under this Ordinance, or of being elected as a member of a local authority and if at that dale he has been so elected, his election shall be vacated from the date of such conviction | | |
| | (3) A prosecution for a corrupt practice under this section shall not be instituted against any candidate at an election under this Ordinance who was not elected as a member at such election except with the sanction of the Attorney General | | |
| | (4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Ordinance from being prosecuted for a corrupt practice in connection with such election under section 82E. | | |
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| 82G.
| | (1) No payment, or contract for payment shall, at an election under this Ordinance, be made-
| | | (a) on account of the conveyance of electors to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway fares, or otherwise ; or |
| (b) to or with an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill or notice , or on account of the exhibition of any address, bill, or notice. |
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| | (2) Subject to such exception as may be allowed in pursuance of this Ordinance, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this section, shall also be guilty of an illegal practice. | | |
| | (3) Subject to any such express exceptions as are or may be made by or under this Ordinance, a person shall not let, lend, employ, a person shall not 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, in any electoral area during the period commencing one hour before the time of the opening of the poll at an election in that area, and ending one hour after the lime of the closure of such poll -
| | | (a) for the purpose of the conveyance of voters to or from the poll; or |
| (b) for any other purpose, other than -
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| | (4) Notwithstanding anything in the preceding provisions of this section -
| | | (a) where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section; |
| (b) where electors are unable at an election to reach their polling stations from their placed of residence without crossing the sea or a branch or arm thereof or a river, means may be provided for conveying such electors by sea to their polling stations, or to enable them to cross the river in order to reach their polling stations : |
| (c) the conveyance of a person at his own expense to or from the poll at an election in, or the use by any person at his own expense for the purpose of that conveyance of himself to or from the poll of, any public transport service shall be deemed not to be an illegal practice within the meaning of this section; |
| (d) where the returning officer of any electoral area is satisfied upon written application in that behalf made to him by any person, or on behalf of such person by any other 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 an election in that area, that such person is unable, by reason of any physical disability to convey himself to and from the poll in foot or in any public transport service referred to in paragraph (c) 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 an illegal practice within the meaning of this section. |
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| | (5) Where at any poll taken in any electoral area, any police officer, either of his own motion or after an investigation which he is hereby required to carry out on the complaint of any person, is satisfied that any vehicle, vessel or animal is being used in contravention of the provisions of subsection (1) or subsection (3), that officer shall stop and seize such vehicle, vessel or animal, and lake it to a police station and detain it until the conclusion of the poll. | | |
| | (6) A Magistrate may, on the conviction of any person for the commission of an illegal practice within the meaning of this section, make order declaring that any vehicle, vessel or animal used in or in connection with the commission of such practice shall be forfeited to the Republic. | | |
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| 82H.
| | (1) Where there is published in any newspaper any false statement concerning, or relating to - | | |
| | (2) In this section, the term "newspaper" includes any journal, magazine, pamphlet or other publication. | | |
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| 82J.
| | (1) No person shall, for the purpose of promoting an election under this Ordinance, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatsoever, except for the purpose or in the capacities following :
| | | (a) a reasonable number of polling agents for each polling station having regard to the need to revoke the appointment of any polling agent for that polling station during the poll; and not more than the number of counting agents referred to in section 60 for each counting center; |
| (b) a reasonable number of clerks and messengers having regard to the extent of the electoral area and the number of electors on the register of electors for such area. |
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| | (2) Subject to such exception as may be allowed in pursuance of this Ordinance, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of an illegal practice. | | |
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| 82K. A candidate or his agent who prints, publishes, distributes or posts up or causes to be printed, published, distributed or posted up any advertisement, handbill, placard or poster which refers to an election under this Ordinance and which does not bear upon its face the names and addresses of its printer and publisher shall be guilty of an illegal practice. |
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| 82L.
| | (1) Every person who commits an illegal practice shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees and shall on conviction become incapable for a period of three years from the date of his conviction of being registered as an elector or of voting at an election under this Act or being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority his election shall be vacated from the date of such conviction | | |
| | (2) A prosecution for an illegal practice shall not be instituted without the sanction of the Attorney General | | |
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| 82M
| | (1) Where an illegal practice is committed in connection with an election under this Ordinance by any candidate who was not elected as a member at the election or with his knowledge or consent or by any of his agents. Such candidate shall on conviction by a Magistrate be liable to a fine not exceeding three hundred rupees | | |
| | (2) Every person who is convicted of an illegal practice under this section, shall, by conviction, become incapable for a period of three years from the dale of his conviction of being registered as an elector or of voting at an election under this Ordinance or of being elected as a member of a local authority, and if at that date he has been elected as a member of a local authority, his election shall be vacated from the date of such conviction. | | |
| | (3) A prosecution for an illegal practice under this section shall not be instituted against any candidate at an election under this Ordinance who was not elected as a member at such election except with the sanction of the Attorney-General. | | |
| | (4) Nothing in the preceding provisions of this section shall be deemed or construed to preclude or prevent a candidate who was not elected as a member at an election under this Ordinance from being prosecuted for an illegal practice in connection with such election under section 82L. | | |
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| 82N. Any person who is convicted of an offence specified in sections 77,78,81A, 81B, 82, 82A, 82B,82C,82D,82G,82H,82J and 82K shall, in addition to any other penalty prescribed for such offence, he disqualified for a period of five years from the date of such conviction from being elected to, or from sitting or voting as a member of. any local authority.". |
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Sri Lanka Consolidated Acts