Referendum

(1) A Referendum in terms of Chapter XIII of me Constitution shall be conducted by the Commissioner of Elections (hereinafter referred to as the Commissioner ), where the President has, by Proclamation published in the Gazette, directed such Commissioner to conduct a Referendum.

(2) A Proclamation issued under subsection (1) shall

(1) Each electoral district for the time being in force shall be deemed to be an electoral district for the purposes of this Act.

(2) Each polling division and each polling district for the time being in operation shall be deemed to be a polling division and a polling district for the purposes of this Act.

(1) Within three weeks from the date of publication of the Proclamation under section 2, the Commissioner shall cause to be published in the Gazette a notice specifying the situation of the polling station or stations for each of the polling districts in each electoral district and the particular polling station, if any, reserved for female voters.

(2) Unless the Commissioner considers it necessary or expedient, in the special circumstances of any case, to pro vide a separate polling station for the female voters of any polling district, there shall be for each polling district, one polling station and no more,

(3) The polling station or stations for each polling district shall be situated within such polling district save where the Commissioner having regard to the special circumstances in any polling district may decide upon a polling station outside such polling district. The location of the polling station shall be such as to cause the minimum inconvenience to the electors of the polling district.

(4) Where due to any emergency it is necessary that the situation of any polling station should be different from that specified in a notice published under subsection (1), the Commissioner may cause the situation of that polling station to be altered in such manner as he may, in his absolute discretion, determine.

(1) The Commissioner, as occasion may require, shall Referendum by notice in the Gazette, appoint by name or by office a person to be the Referendum Returning Officer for the Republic, and may appoint by name or by office one or more persons to assist the Referendum Returning Officer in the performance of his duties. A person so appointed to assist the Referendum Returning Officer shall have all the powers and may perform all the duties of the officer whom he is appointed to assist and any reference in this Act to a Referendum Returning Officer shall, unless the context otherwise requires, be deemed to include a reference to an Assistant Referendum Returning Officer.

(2) The Commissioner, as occasion may require, shall appoint by name or by office a person to be the returning officer of each electoral district, and may appoint by name or by office one or more persons to assist the returning officer in the performance of his duties. A person so appointed to assist the returning officer shall have all the powers and may perform all the duties of the officer whom he is appointed to assist and any reference in this Act to a returning officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant returning officer.

(3) An appointment made by the Commissioner under subsection (1) or subsection (2) may be revoked by him at any time

(4) If the Referendum Returning Officer or any returning officer is by reason of illness or other cause prevented or disabled from performing any of his duties under this Act by the Commissioner, the Referendum Returning Officer or the returning officer, as the case may be, may appoint by name or by office, a deputy to act for him. Every such appointment shall, as soon as possible, be reported to the Commissioner, and may be revoked by him, but without prejudice to the validity of anything already done by such deputy.

(1) The secretary of any recognized political party may appoint a referendum agent for each electoral district and shall furnish the name and address of each referendum agent so appointed so as to reach the Referendum Returning Officer not later than ten days from the date of publication of a Proclamation under section 2.

(2) A referendum agent duly appointed under subsection (1) and whose name and address have been furnished to the Referendum Returning Officer as required by that sub section shall have the power to appoint polling observers and counting observers as hereinafter provided,

(3) The failure to appoint a referendum agent or polling observers or counting observers, or their non-attendance at any proceedings under this Act, shall not invalidate any proceedings at a Referendum.

(1) A person who is entitled under this section to be treated as a postal voter for the purpose of any Referendum may vote by post, and shall not vote in person, at such Referendum. Any person who votes in person at any Referendum in contravention of the preceding, provisions of this subsection shall be guilty of an offence and shall, on. conviction by a Magistrate, be liable to a fine not exceeding” five hundred rupees, or to imprisonment of either description for a term not exceeding one year, or to both such fine and imprisonment.

(2) An application to be treated as a postal voter in any electoral district may be made

(3) An application to be treated as a postal voter shall be made to the returning officer so as to reach him within ten days from the date of publication of the Proclamation under section 2. Such application shall be substantially in the form prescribed for the purpose by the regulations contained in the First Schedule to this Act.

(4) No application to be treated as a postal voter shall be allowed by a returning officer unless he is satisfied that the application is in accordance with the preceding provisions of this section.

(5) The returning officer may, for the purpose of the disposal of applications to be treated as postal voters, by notice require any person to give such officer any such information as may be necessary for that purpose.

(6) The decision of a returning officer on an application to be treated as a postal voter shall be communicated in writing to the applicant.

(7) The decision of the returning officer to allow or disallow an application to be treated as a postal voter shall be final.

(8) Where an application to be treated as a postal voter is allowed by a returning officer, the applicant shall be a person entitled to be treated as a postal voter for the purpose of a Referendum.

(9) The returning officer shall, as soon as practicable, send by post to each person who is entitled to be treated as a postal voter, to the address furnished by such person

(10) The form of the ballot paper and the form of the declaration of identity which are to be used by persons entitled to be treated as postal voters, and the procedure to be followed at the proceedings on their issue, shall be according to the regulations contained in the First Schedule to this Act.

(11) A ballot paper issued to a person entitled to be treated as a postal voter is in this Act referred to as “postal ballot paper”.

(12) The returning officer shall, as soon as practicable; prepare a list (in this Act referred to as the ” postal voters list’) specifying the name, address and number on the register of electors, of every person entitled to be treated as a postal voter. Such list shall be prepared hi accordance with the regulations contained in the First Schedule to this Act.

(1) The returning officer of each electoral district shall send to each elector whose name appears in the register for that electoral district a poll card (in this Act referred to as an ” official poll card “) in such form as may be determined by the Commissioner, and specifying

(2) An official poll card shall be so sent to an elector by ordinary post so as to reach him at least seven days before the date of the poll. Where a post office fails to deliver such card to the person to whom it is addressed, it shall be retained in such post office until the date of the poll and

(3) Every person who

(4) Every person other than a public officer acting in the course of his duty as such officer, who has in his possession the official poll card of any other person shall be guilty of an offence and 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 six months or to both such fine and imprisonment.

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, one or more persons, hereinafter called presiding officers, to preside at each polling station in his electoral district. If more than one presiding officer is appointed for any polling station, the returning officer may appoint one of the presiding officers to be the senior presiding officer who shall exercise general supervision over the other presiding officers, and overall arrangements for the conduct of the poll in that station.

(2) If any presiding officer is by reason of illness or other cause, prevented from acting at any Referendum, and there is not time for another person to be appointed by the returning officer, the presiding officer may appoint a deputy to act for him. Every such appointment shall as soon as possible be reported to the returning officer and may be revoked by the returning officer, but without prejudice to the validity of anything already done by such deputy.

(3) The returning officer may, if he thinks fit, preside at any polling station, and the provisions of this Act relating to a presiding officer shall apply to such returning officer.

(1) For the purposes of a Referendum the returning officer shall

(2) A Referendum shall not be questioned by reason of noncompliance with the provisions of subsection (1) or any informality relative to polling stations.

(1) During the taking of the poll, the presiding officer at every polling station shall cause to be exhibited

(2) Every notice under this section shall be in Sinhala, Tamil and English.

(1) The votes at every Referendum shall be given by ballot. The ballot of each voter shall consist of a ballot paper in the form and containing the particulars hereinafter prescribed,

(2) Every ballot paper shall be substantially in form A set out in the Third Schedule to this Act, and

(1) The referendum agent appointed for an electoral district may appoint a reasonable number of polling observers for each polling station having regard to the need to revoke the appointment of any polling observer for that polling station during the poll. Notice in writing of every such appointment stating the names and addresses of the persons appointed shall be given by such agent to the presiding officer at that station before the opening of the poll or during the poll.

(2) A referendum agent may delegate in writing the powers vested in him under subsection (1) to any person, so however, that such powers shall not be delegated to more than one person in respect of each polling division. Any delegation under this subsection shall be notified in writing to the returning officer not later than seven days before the date of the poll.

(3) Where such agent or the person to whom power is delegated under subsection (2), after informing such presiding officer of the name of any polling observer appointed to act at such station, revokes the appointment of that polling observer and appoints another polling observer to such station, such agent or such person shall inform such officer in writing of the revocation of such appointment and of the name and address of the new polling observer appointed to such station,

(4) Not more than two polling observers of each recognized political party shall at any time be admitted to or be allowed to remain in any polling station.

(5) No polling observer whose name has not been notified to the presiding officer as required by subsection (1) or subsection (3) shall be admitted to a polling station.

(1) No person shall be admitted to vote at any polling station other than the polling station set apart for the group of voters to which he belongs.

(2) The presiding officer shall keep order in his station;. and shall regulate the number of voters to be admitted at a time and shall exclude all other persons except the polling observers, the police officers on duty and other persons officially employed at the polling station.

(3) If any person misconducts himself in the polling station, or fails to obey the lawful orders of the presiding officer, the presiding officer may cause him to be removed forthwith from the polling station by any police officer or by any other person authorized in writing by the presiding officer or by the returning officer.

(4) Any person removed from a polling station under subsection (3)

(1) Immediately before the commencement of the poll, the presiding officer at a polling station

(2) The provisions of subsection (1) shall apply to every ballot box which is to be used after the commencement of the poll.

(1) Each voter shall be given one ballot paper and shall have one vote.

(2) The ballot paper shall be delivered to the voter by the presiding officer or a person acting under his authority, immediately before the ballot paper is delivered to the voter

(1) No ballot paper shall be delivered to any voter at a Referendum

and accordingly such voter shall, notwithstanding anything to the contrary in any other provisions of this Act, not be entitled to vote at such Referendum.

(2) The presiding officer of a polling station shall enter on a list, substantially in form B set out in the Third Schedule to this Act, the following particulars relating to each voter to whom a ballot paper was not delivered at such station under subsection (1)-

Such list is in this Act called the “list of voters to whom ballot papers are not delivered under section 21. ”

(3) In this section

(1) The voter, on receiving the ballot paper, shall forthwith proceed into the compartment to which he is directed by the presiding officer or any person acting under that officer’s authority and there secretly mark the ballot paper as near as may be in accordance with the directions given for the guidance of voters in the Second Schedule to this Act and told the ballot paper so as to conceal his vote, and shall then show to the presiding officer the reverse of the paper, so as to disclose the official mark, and put the ballot paper, so folded, into the ballot box in the presence of the presiding officer.

(2) The presiding officer may at any time while a poll is proceeding take such steps as may be necessary to ensure that no voter delays unduly in any place reserved for the marking of ballot papers.

(1) The presiding officer, or any person authorized by the presiding officer, may, if he thinks fit on the application of any voter, explain to the voter, within sight and hearing of the polling observers, a present, the method of voting specified in the directions specified in the Second Schedule to this Act but in so doing he shall carefully abstain from any action which might be construed by the voter as advice or a direction to vote in favour of or against the proposal specified in the ballot paper.

(2) The presiding officer, on the application of any voter who is incapacitated by blindness or other physical cause from ‘voting in accordance with the directions specified in the Second Schedule to this Act shall, in the presence of another member of his polling staff, mark the ballot paper of such voter in the manner directed by the voter and shall cause such ballot paper to be placed in the ballot box,

(a) votes in more than one electors! district or asks for a ballot paper for the purpose of so voting; or

(b) votes more than once in the same electoral district or asks for a ballot paper for the purpose of so voting,

he shall be guilty of an illegal practice.

(1) presiding officer at any polling station may in his discretion, and, if required so to do by a polling observer, shall, require any voter, before he is given a ballot paper, to make and subscribe all or any of the declarations in forms C, D, E and F set out in the Third Schedule to this Act Every such declaration shall be exempt from stamp duty.

(2) If any person refuses to make any such declaration, the presiding officer may refuse to give him a ballot paper,

(3) If any person willfully makes a false statement in any such declaration, he shall be guilty of an offence and 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 six months.

(1) As soon as practicable after the closure of the poll, the presiding officer of each polling station shall, in the presence of the polling observers, make up into separate packets, sealed with his own seal and the seals of such polling observers as desire to affix their seals

and shall deliver the packets to the counting officer.

(2) The packets shall be accompanied by a statement substantially in form I set out in the Third Schedule to this Act, (hereinafter referred to as “the ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting U’-t them under the heads of

(1) Subject to the general or special directions of the Commissioner, each returning officer shall appoint, and may revoke the appointment of, a counting officer to be in charge of the counting of votes at each counting centre, and such number of assistants and clerks and other officers to assist such counting officer in the performance of his duties-

(2) The returning officer may, if he thinks fit, perform the duties of a counting officer and the provisions of this Act relating to a counting officer shall apply to such returning officer.

(1) Each referendum agent or a person referred to in subsection (2) of section 17 may appoint not more than two observers (hereinafter referred to as ” counting observers “) to attend at the counting of the votes at each counting centre.

(2) Notice in writing stating the names and addresses of the persons appointed under subsection (1) shall be given by the referendum agent or the person referred to in subsection (2) of section 17 to the counting officer before the counting of votes commences. The counting officer may refuse to admit to the counting centre any counting observer whose name and address have not been so given.

(1) The counting officer shall commence the counting of votes after he has received all the ballot boxes from every polling station assigned to his counting centre under section 32.

(2) Before the counting officer proceeds to count the votes, he or a person authorized by him shall in the presence of such of the counting observers as attend

(3) The counting officer, while counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the reverse of such papers.

(4) The counting officer shall as far as practicable proceed continuously with counting the votes and shall endorse “rejected” on any ballot paper which he may reject as invalid.

(5) The counting officer shall not count the tendered ballot papers but shall place them in separate packets according to the answer given.

(6) The counting officer, his assistants and clerks and the counting observers but no other person except with the consent of the counting officer may be present at the counting of the votes.

(1) Any ballot paper

shall be rejected by the counting officer. The counting officer shall endorse the word ” rejected ” on any such ballot paper.

(2) Where the counting officer is satisfied that any mark made on a ballot paper clearly indicates the intention of the voter to give his vote in favour of or against the proposal the counting officer shall not reject the ballot paper under subsection (1) on the ground solely that it has not been marked in all respects in accordance with the directions given for the guidance of voters under the provisions of this Act

(3) Where the counting officer is satisfied that a ballot paper is not a forged or counterfeit ballot paper he shall not reject it solely on the ground that it is not stamped or perforated with the official mark. Before deciding not to reject a ballot paper under the preceding provisions of this section the counting officer shall show it to each counting observer if present and hear his views thereon.

(4) Before rejecting a ballot paper the counting officer shall show it to each counting observer if present and hear his views thereon taking all proper precautions to prevent any person from seeing the number printed on the reverse of the paper,

(5) The counting officer shall not count any ballot paper which is rejected by him under subsection (1).

(6) The counting officer shall draw up a statement showing separately the number of ballot papers rejected, under each of the grounds specified in subsection (1), and shall on request allow any counting observer to copy the statement.

(7) The counting officer shall prepare a written statement in words as well as in figures of the number of votes given in favour of or against the proposal and such statement shall be certified by the counting officer and witnessed by one of his assistants or clerks and any counting observers as are present and desire to sign. The counting officer shall on request allow any counting observer to copy the statement.

(8) Before the counting officer makes a written statement referred to in subsection (7), such number of recounts may be made as the counting officer deems necessary; and a recount or recounts shall be made upon the application of a counting observer so however that the maximum number of recounts that shall be so made, on the application of any counting observer or all the counting observers, shall not exceed two.

(9) The decision of the counting officer as to any question arising in respect of any ballot paper shall be final and conclusive.

(a) the counted ballot papers ;

(b) the rejected ballot papers ;

(c) the tendered ballot papers ;

(d) the ballot paper account;

(e) the packets referred to in paragraphs (c) to (f) of section 30(1) ;

(f) the record of the count under subsection (2) (b) of section 34 ;

(g) the statement under section 35 (6) ; and

(h) the written statement under section 35 (7) of the number of votes given in favour of or against the proposal.

(1) After the receipt of the documents referred to in section 37, the returning officer shall, from the statements under subsection (7) of section 35 furnished to him by all the counting officers (including the counting officers at the counting centres where postal ballot papers were counted) prepare a return in respect of the electoral district showing

Such return shall be witnessed by one of his assistants and any referendum agent as may be present and desire to sign. The returning officer shall, on request, allow any referendum agent to make a copy of such return.

(2) The returning officer may permit the referendum agent and one other person appointed by such referendum agent in writing to be present at the proceedings under subsection (1).

(3) The returning officer shall forthwith return prepared by him under subsection (1) to the Referendum Returning Officer.

(1) After the receipt of the return referred to lit section 39 (3) from all the returning officers in toe Republic, the Referendum Returning Officer shall prepare a report in respect of the whole Republic, showing

(2) The Referendum Returning Officer shall forthwith forward the report prepared by him under subsection (1) to the Commissioner, who shall immediately, on receipt of such report transmit it to the President.

(a) forges or counterfeits or fraudulently destroys any ballot paper or the official mark on any ballot paper; or ;

(b) without due authority supplies any ballot paper to any person; or

(c) sells or offers to sell any ballot paper to any person or purchases or offers to purchase any ballot paper from any person ; or

(d) not being a person entitled under this Act to be to possession of any ballot paper which has been marked with the official mark in accordance with this Act, has any such ballot paper in his possession ; or

(e) puts into any ballot box anything other than the ballot paper which he is authorized by law to put in ; or

(f) without due authority takes out of the polling station any ballot paper or is found in possession of any ballot paper outside a polling station; or

(g) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers in use or intended to be used for the purposes of a Referendum , or

(h) without due authority prints any ballot paper of what purports to be or is capable of being used as a ballot paper at a Referendum; or

(i) manufactures, constructs, imports into the Republic, has in his possession, supplies or uses for the purpose of a Referendum, or causes to be manufactured, constructed, imported into the Republic, supplied or used for the purpose of a Referendum, any appliance, device or mechanism by which a ballot paper may be extracted, affected or manipulated after having been deposited in a ballot box during the polling at a Referendum ; or

(j) willfully makes a false statement in any application to be treated as a postal voter under this Act, or in any declaration of identity sent to him under the postal voters’ regulations set out in the First Schedule to this Act; or

(k) without due authority destroys, takes, opens, or otherwise tampers or interferes with, any application to be treated as a postal voter, or any declaration of identity, or any covering envelope or ballot paper envelope within the meaning of the postal voters’ regulations set out in the First Schedule to this Act; or

(l) without due authority prints any official poll card or what purports to be or is capable of being used as an official poll card at a Referendum; or

(m) without due authority places an appropriate mark on any voter at a Referendum or what purports to be or is capable of being mistaken for that mark; or

(n) fraudulently defaces an appropriate mark placed on any voter at a Referendum without due authority; or

(o) votes at a Referendum knowing that he is legally incapable of, or disqualified from, so voting;

(1) No person shall, on any date on which a poll is taken at a polling station, do any of the following acts with- in the precincts, or a distance of half a kilometer of the entrance, of that polling station:-

Every person who contravenes the provisions of this subsection 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.

(2) No person shall, on any date on which a poll is taken at any polling station

so as to cause annoyance to any person visiting the polling station for the poll or so as to interfere with the work of the officers and other persons on duty at the polling station. Every person who contravenes the provisions of this subsection 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) 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.

(a) shall, at any time from the date of publication of the Proclamation in respect of a Referendum and ending on the day immediately following the date en which the result of the poll taken at such Referendum is declared, conduct, hold or take part in any procession, other than a procession on May 1 in the year, or any procession for religious or social purposes ; or

(b) shall, at any procession held or conducted during the period referred to in paragraph (a), do any act or thing calculated to affect the result of the Referendum referred to in the said paragraph (a) .

(1) Every person who attempts to commit an offence specified in section 43 or section 44 or section 45 or section 46 shall be liable to the punishment prescribed for that offence.

(2) Every offence under section 43 or section 44 or section 15 or section 46 shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, No, 15 of 1979

(3) In a prosecution for an offence in relation to a box, ballot paper or marking instrument at a the property in such ballot box, ballot paper or marking instrument, as well as the property in the counterfoil- of any ballot paper may be stated to be in the returning officer at that Referendum.

(4) A prosecution for an offence under section 43 , or section 44 or section 45 or section 46 shall not be instituted without the sanction of the Attorney-General.

(1) A person who is a referendum agent at a Referendum or is the agent of such referendum agent, shall not have

(2) The use of the ordinary place of residence of any referendum agent as a referendum office shall be deemed not to be a contravention of the provisions of subsection (1).

(3) Every person who contravenes the provisions of sub section (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.

(4) Every person who attempts to commit any offence specified in this section shall be liable to the punishment prescribed for that offence.

(5) A prosecution for an offence under this section shall not be instituted without the sanction of the Attorney- General.

(6) For the purposes of this section, the term ” notified “, in relation to any referendum office, means, notified to the officer in charge of the police station for the area, and the returning officer for the electoral district, in which that office is situated, before such office is established.

(1) During the period commencing from the date of publication of the Proclamation under section 2 and ending on the day following the day on which a poll is taken at a Referendum, no person shall, for the purpose of promoting a Referendum, display

(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.

(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, sign, flag or banner used in contravention.

(1) Every officer, clerk, referendum agent and agent authorized to attend at a polling station, or at the counting of the votes, shall before so attending make a statutory declaration of secrecy, substantially in form J set out in the Third Schedule to this Act. Such declaration shall be made by the returning officer in the presence of a Justice of the Peace, and by a presiding officer or a counting officer in the presence of a Justice of the Peace or of the returning officer, and when made by any other person shall be made in the presence of the returning officer or of a Justice of the Peace or of a presiding officer or of a counting officer.

(2) Every officer, clerk, referendum agent and agent in attendance at a polling station shall maintain, and aid in maintaining, the secrecy of the voting in such station, and shall not communicate, except for some purpose authorized by law, before the poll is closed, to any person any information as to the name or number on the register of electors of any elector who has or has not applied for a ballot paper or voted at that station, or as to the official mark.

(3) No such officer, clerk, referendum agent or agent, and no person whosoever shall attempt to obtain in the polling station information as to whether any voter has voted for or against the proposal or whether a voter is about. at any time to any person any such information obtained in a polling station as to the aforesaid matters or as to the number on the reverse of the ballot paper given to any voter at such station.

(4) Every officer, clerk, referendum agent and counting observer in attendance at the counting of the votes shall maintain, and aid in maintaining, the secrecy of the voting, and shall not attempt to ascertain at such counting the number on the reverse of any ballot paper or communicate any information obtained at such counting as to whether a voter has voted for or against the proposal.

(5) No person, except a presiding officer acting for a purpose authorized by this Act, or a person authorized by the presiding officer and acting for such purpose as afore said, shall communicate or attempt to communicate with any voter after such voter has received a ballot paper and before tie has placed the same in a ballot box.

(6) Every person who acts in contravention of the provisions of this section shall be guilty of an offence and 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 six months.

(7) Every person who is convicted of an offence under this section shall, by 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 Referendum under this Act.

(1) Every person who at a Referendum

shall be guilty of the offence of Personation which shall be a cognizable offence within the meaning of the Code of Criminal Procedure Act, No. 15 of 1979.

(2) For the purposes of this section, a person who

shall be deemed to have voted.

(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 vote or refrain from voting, or on account of such person having voted or refrained from voting at a Referendum, 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 a Referendum shall be guilty of the offence of undue influence.

(2) Every person who, at any time during the period commencing from the date of the publication of the Proclamation under section 2 and ending on the day following the date of the poll at such Referendum

shall be guilty of the offence of undue influence.

(3) Any member or official of a religious order or organization

in order to induce or compel such member or adherent to vote or refrain from voting in favour of or against the proposal at a Referendum, or to support or refrain from supporting any proposal at such Referendum, or on account of such member or adherent having voted or refrained from voting in favour of or against the proposal at such Referendum, or having supported or refrained from supporting any such proposal at such Referendum, shall be guilty of the offence of undue influence.

(4) Any person who, being the employer of any other person,

in order to induce or compel such other person to vote or refrain from voting in favour of or against the proposal at a Referendum, or to support or refrain from supporting the proposal at such Referendum, or on account of such other person having voted or refrained from voting in favour of or against the proposal at such Referendum, or having supported or refrained from supporting the proposal at such Referendum, shall be guilty of the offence of undue influence.

(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 endeavour to procure, any money or valuable consideration 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 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 a Referendum under this Act;

(b) every person who, directly or indirectly, by himself, or by any other person on his behalf, gives or procures, or agrees to give or procure, or offers, promises, or promises to procure or to endeavour to procure any office, place or 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 vote or refrain from voting, or corruptly does any such act as aforesaid on account of any elector having voted or refrained from voting at a Referendum under this Act;

(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 vote in favour of or against the proposal or the vote of any elector at a Referendum under this Act;

(d) every person who upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement votes in favour of or against the proposal at a Referendum under this Act:

(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 a Referendum under this Act 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 any such Referendum;

(f) every elector who, before or during a Referendum under this Act, 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 any such Referendum;

(g) every person who, after a Referendum under this Act, 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 any such Referendum.

(1) Every person who

shall be guilty of a corrupt practice, and shall on conviction by the High Court be liable, in the ease referred to in paragraph (a) of this subsection, to rigorous imprisonment for a term not exceeding twelve months, and, in any .other case, So a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and such imprisonment.

(2) Every person who is convicted of a corrupt practice shall, by 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 a Referendum under this Act or of being elected as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, his election shall be vacated from the date of such conviction.

(3) A prosecution for a corrupt practice shall not be instituted without the sanction of the Attorney-General.

(1) No payment or contract for payment shall, at a Referendum, be made

(2) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during or after a Referendum, 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 Act, 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 district during the period commencing one hour before the time of the opening of the poll at a Referendum in that district, and ending one hour after the time of the closure of such poll

(4) Notwithstanding anything in the preceding provisions of this section

(5) Where at any pull taken in any electoral district 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 take it to a police station and detain it therein until the conclusion of the poll.

(6) The High Court 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 connexion with the commission of such practice shall be forfeited to the Republic

(1) Where there is published in an; newspaper any false statement concerning, or relating to-

and such statement is capable of influencing the result of such Referendum, then, every person who at the time of such publication was the proprietor, the manager, the editor, the publisher or other similar officer of that newspaper or was purporting to act in such capacity, shall each be guilty of an illegal practice unless such person proves that such publication was made without his consent or connivance, and that he exercised all such diligence to prevent such publication as he ought to have exercised having regard to the nature of his function in such capacity and in all the circumstances.

(2) In this section, the term ” newspaper ” includes any journal, magazine, pamphlet or other publication.

(1) No person shall, for the purpose of promoting a Referendum, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purpose or in the capacities following

(2) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during or after a Referendum, the person engaging or employing him shall be guilty of an illegal practice

(1) Every person who commits an illegal practice shall on conviction by the High Court be liable to a fine not exceeding three hundred rupees and shall by 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 a Referendum under this Act or being elected as a Member of Parliament, and if at that date he has been elected as a Member of Parliament, 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.

(1) A returning officer may use, free of charge, as a polling station any school or any portion of a school in receipt of a grant, or in respect of which a grant is made out of moneys provided by Parliament,

(2) A returning officer shall make good any damage done to, and defray any expenses incurred by the persons having control over, any such school or portion thereof as aforesaid by reason of its being used as a polling station.

(1) Where any notice is required by this Act to be published and, if in the opinion of the authority who is required to publish such notice, the prescribed mode of publication does not give sufficient publicity to the notice, he may, in addition to publishing the notice as required by this Act, exhibit copies of the notice in. conspicuous places within, the electoral district to which the notice relates or take such other steps as he may deem necessary for using publicity thereto.

(2) Every person who, without lawful authority, destroy, mutilates, defaces or removes any notice which is exhibited by any authority under subsection (1) or any document which is made available for inspection in accordance with this Act shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding fifty rupees.

(1) Any person, being the employer of any other person who is entitled to vote in person at a .Referendum, shall, upon application in writing in that behalf made by such other person, grant such other person leave, without loss of pay, for such continuous period (not less than four hours in duration) as that person may deem sufficient to enable such other person to vote in person at that Referendum.

(2) Any person who contravenes or fails to comply with 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 five hundred rupees, or to imprisonment of either description for a term not exceeding one month, or to both such fine and imprisonment.

(1) Where the Commissioner considers that any premises, other than any school referred to in section 65, are required for the purpose of being used as a polling station, he may requisition those premises for that purpose by order in writing addressed to and served on the person in actual possession of those premises, or, where no person is in such actual possession, on the owner of such premises,

(2) Where any premises are requistioned under sub section (1), the period of such requisition shall not extend byond for weeks.

(3) In this section, ‘ premises ” means any land, building or part of a building and includes a hut, shed or structure or any part thereof.

(1) Where any premises are requisitioned under section 72, the Commissioner shall pay, out of moneys provided for the purpose by Parliament, compensation for such requisition to the person who was in actual possession of those premises immediately before the requisition or, where no person was in such actual possession, the owner of those premises, and shall make good any damage done to those premises during the period of the requisition.

(2) The amount of compensation payable under sub section (1) in respect of any premises shall be determined by taking into consideration

(3) Where any person entitled to compensation under this section is aggrieved by the decision of the Commissioner in regard to the amount of the compensation, that person may appeal in writing to the Court of Appeal from that decision.

(1) Subject to the provisions of subsection (2) of this section , the secretary of a recognized political party at any time between the date of publication of the Proclamation under section 2, and the day which is the seventh day before the day of the poll to be taken at a Referendum, be entitled 1n send free if any charges for postage to reach the elector whose name appears in the register of electors for such electoral district out- postal communication by ordinary post containing matter relating to such Referendum only

(2) The right to send a postal communication conferred on a person by subsection (1) shall be subject to the following conditions, and if any such condition is not complied with, such communication may be rejected by the Postmaster-General or any person acting under his authority :

(1) Every recognized political party shall, subject to such conditions as may be determined by the Director- General of Broadcasting, of entitled to the use of broadcasting facilities during the period commencing from the date of publication of the Proclamation under section 2 and ending seventy-two hours prior to the commencement of the poll.

(2) In the allocation of broadcasting time during the period referred to in subsection (1) to any recognized political party, the Director-General of Broadcasting shall ensure that each party shall be permitted to use

(3) Where two or more recognized political parties agree to debate the proposal or proposals to be put to the People at a Referendum, it shall be the duty of the Director-General of Broadcasting to afford broadcasting facilities to such parties, so however that the time permitted for such debate shall not exceed the time allotted to each such party.

(4) The order in which each recognized political party shall use the broadcasting facilities shall be determined

(a) Exercise general direction and supervision over the administrative conduct of a Referendum under this Act ;

(b) have power to issue to Deputy and Assistant Commissioners of Elections, the Referendum Returning Officer, returning officers, presiding officers and other officers such directions as he may deem necessary to ensure effective execution of the provisions of this Act;

(c) execute and perform all other powers and duties which are conferred and imposed upon him by or under this Act.