Sri Lanka Consolidated Acts

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Provincial Councils Elections Act (No. 2 of 1988) - Sect 75

Provisions relating to displayed handbills, poster,&c

74.
(1) During the period commencing from the first day of the nomination period at an election 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 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, drawing, notice, photo- graph of a candidate, symbol or sign on any place to which the public have a right of, or are granted, access except in or any premises on any day on which an election meeting is due to be held in that premises ; or
(c) any handbill, placard, poster, drawing, notice, photo- graph of a candidate, symbol, sign, flag or banner on or across any public road ; or.
(d) any handbill, placard, poster, drawing, notice, photo- graph of a candidate symbol 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.
(2) Every person who contravenes 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 Code of Criminal Procedure Act, No- 15 of 1979, and may seize and remove any handbill, placard, poster, notice, drawing, symbol, photo graph of a candidate, sign flag or banner used in such contravention.
(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, drawing, symbol, photograph of a candidate,- sign, flag or banner used in such contravention.
(6) Where any flag, banner, handbill, placard, poster, drawing, notice, photograph, symbol or sign is displayed on contravention of the provisions of subsection (1), any candidate at such election, secretary of a recognized political party contesting such election or other interested party may apply to the Magistrate's Court within the jurisdiction of which such contravention has occurred, for an order requiring the owner of any premises or vehicle used in such contravention or a police officer, to forthwith remove the flag, banner, handbill, placard, poster, drawing, notice, photograph symbol or sign displayed in contravention of subsection (1).


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