ELECTION
COMMISSION OF INDIA
Nirvachan
Sadan, Ashoka Road, New Delhi- 110001.
No.3/1/97-JS-II Dated 12th January, 1998.
To
The Chief Electoral Officers of all States
and Union Territories.
Subject-
Requisitioning of staff for election duties-
amendment to
Section 159 of the R.P.Act, 1951- regarding.
Sir,
I am directed to refer to the Commission’s
letter of even No., dated 2nd January,
1998, with which a copy of the Representation of the
People (Amendment) Ordinance, 1997 was forwarded to
you.
It will be observed from Section 159 of the
Representation of the People Act, 1951, as amended by
the said Ordinance, that it has been made obligatory
for the following authorities to make available such
staff as may be necessary for the performance of any
duties in connection with an election:
- every local
authority;
- every university
established by a Central Provincial or State
Act;
- any other
institution, concern or undertaking (not
being an institution, a concern or an
undertaking established under a Central,
Provincial or State Act or a company within
the meaning of section 617 of the Companies
Act, 1956) controlled, or financed wholly or
substantially by funds provided, directly or
indirectly, by the Central Government or a
State Government.
It may kindly be
ensured that only the staff belonging to the above
authorities, apart from the employees of the Central
and State Governments, are deployed on election
duties. It may particularly be noted that the
services of the following organisations shall not be
requisitioned for the election duties:-
Reserve Bank of India and all Nationalised Banks;
All Central and State Governments Public
Undertakings- which have been established under any
Central or State Act, like, Life Insurance
Corporation, or which have been registered as
Government Companies with the Registrar of Companies
under Section 617 of the Companies Act, 1956, like,
Bhart Heavy Electricals Limited. [The Government
Company is defined in the said Section 617 of the
Companies Act, to mean any company in which not less
than fifty one percent of the paid up share capital
is held by the Central Government and partly by one
or more State Governments and includes a company
which is a subsidiary of a Government company as thus
defined];
State Electricity Boards and Road Transport
Corporations, if established under any State Act or
registered as a Government Company.
The above list is only illustrative and not
exhaustive, and before requisitioning the services of
any persons for election duty, the provision of
Section 159 of the R.P.Act, 1951, as amended, should
be kept in view by the District Election Officers and
Returning Officers, etc.
The instructions/directions contained in the Handbook
for Returning Officers, 1998 edition, and in the
Compendium of Instructions on Conduct of Elections,
1998 edition relating to the deployment of polling
personnel shall be deemed to have been modified to
the aforesaid extent.
The receipt of this letter may kindly be
acknowledged.
Yours faithfully,
(K.J.Rao)
SECRETARY
STANDARD DISTRIBUTION
Monday, January 12, 1998
Requis of election staff- to CEOs
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