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GOA, DAMAN AND DIU (OPINION POLL) ACT, 1966 [REPEALED]

Ministry of Law and Justice

Act nº 38 of 1966


  • Act nº 38 of 1966

Preamble

THE GOA, DAMAN AND DIU (OPINION POLL) ACT, 1966

[Act, No. 38 of 1966]

[11th December, 1966]

PREAMBLE

An Act to provide for the taking of an opinion poll to ascertain the wishes of the electors of Goa, Daman and Diu with regard to the future status thereof and for matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Goa, Daman and Diu (Opinion Poll) Act, 1966.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

Section 2. Definitions

In this Act, unless the context otherwise requires,-

(a) "Administrator" means the Administrator of the Union territory of Goa, Daman and Diu, appointed by the President under article 239 of the Constitution;

(b) "Chief Election Commissioner" means the Chief Election Commissioner appointed by the President under article 324 of the Constitution;

(c) "Daman" means the area comprised in the Daman assembly constituency;

(d) "Diu" means the area comprised in the Diu assembly constituency;

(e) "elector" means--

(i) in relation to Goa, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force in Goa; and

(ii) in relation to Daman and Diu, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force either in Daman or in Diu;

(f) "Goa" means the area comprised in the assembly constituencies of the Union territory other than the areas comprised in the Daman assembly constituency and the Diu assembly constituency;

(g) "opinion poll" means a poll taken to ascertain the wishes of the electors in pursuance of the provisions of this Act;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "Union territory" means the Union territory of Goa, Daman and Diu;

(j) all other words and expressions used but not defined in this Act and defined in the Representation of the People Act, 1950(43 of 1950), or, as the case may be, in the Representation of the People Act, 1951(43 of 1951), shall have the meanings respectively assigned to them in those Acts.

Section 3. Opinion poll to ascertain the future status of Goa, Daman and Diu

An opinion poll shall be taken for the purpose of ascertaining--

(a) the wishes of the electors of Goa as to whether Goa should merge in the State of Maharashtra or should continue to be Union territory;

(b) the wishes of the electors of Daman and Diu as to whether Daman and Dius should merge in the State of Gujarat or should continue to the Union territory.

Section 4. Persons entitled to vote at opinion poll

Subject to the provisions of section 23--

(a) every elector of an assembly constituency in Goa, and no other person, shall be entitled to vote at the opinion poll taken in relation to Goa;

(b) every elector of the Daman assembly constituency and the Diu assembly constituency, and no other person, shall be entitled to vote at the opinion poll taken in relation to Daman and Diu.

Section 5. Fees not to be paid on applications for inclusion of names in electoral roll, etc.

Notwithstanding anything contained in the Representation of the People Act, 1950(43 of 1950), or in any rule made thereunder, no fee shall be payable in respect of--

(a) any application for inclusion of any name in the electoral roll of any assembly constituency in Goa, Daman and Diu under section 23 of that Act; or

(b) any appeal preferred against any order made on such application,

if such application or appeal is made or preferred within a period of thirty days immediately following the commencement of this Act.

Section 6. Conduct of opinion poll under the superintendence, direction and control of Chief Election Commissioner

The opinion poll shall be conducted under the superintendence, direction and control of the Chief Election Commissioner.

Section 7. Opinion poll commissioner

The Chief Election Commissioner shall designate or nominate one opinion poll commissioner in relation to the opinion poll in Goa and one opinion poll commissioner in relation to the opinion poll in Daman and Diu and each such opinion poll commissioner shall be an officer of Government.

Section 8. Assistant opinion poll commissioners

(1) The Chief Election Commissioner may appoint one or more persons to assist the opinion poll commissioner in the performance of his functions, and every such person shall be an officer of Government and shall be called an assistant poll commissioner.

(2) Every assistant opinion poll commissioner shall, subject to the control of the opinion poll commissioner, be competent to perform all or any of the functions of the opinion poll commissioner.

Section 9. Opinion poll commissioner to include assistant opinion poll commissioners performing the functions of opinion poll commissioner

Reference in this Act to the opinion poll commissioner shall, unless the context otherwise requires, be deemed to include an assistant opinion poll commissioner performing any function which he is competent to perform under sub-section (2) of section 8.

Section 10. General duty of opinion poll commissioner

It shall be the general duty of the opinion poll commissioner to do all such acts and things as may be necessary for effectually conducting the opinion poll in the manner provided in this Act and the rules or orders made thereunder.

Section 11. Provision of polling stations

The opinion poll commissioner of Goa and the opinion poll commissioner of Daman and Diu shall, with the previous approval of the Chief Election Commissioner, provide a sufficient number of polling stations respectively for Goa and for Daman and Diu, and shall publish, in such manner as the Chief Election Commissioner may direct, a list showing the polling stations so provided and the polling areas or groups of voters for which they have respectively been provided.

Section 12. Appointment of presiding officers for polling stations

(1) The opinion poll commissioner of Goa and the opinion poll commissioner of Daman and Diu shall appoint a presiding officer for each polling station respectively in Goa and in Daman and Diu and such polling officer or officers as the opinion poll commissioner concerned thinks necessary, but he shall not appoint any person who has been employed by, or on behalf, of or has been otherwise working for, any political party:

Provided that if a polling officer is absent from the polling station, the presiding officer may appoint any persons who is present at the polling station other than a person who has been employed by, or on behalf, of, or has been otherwise working for, any political party, to be a polling officer during the absence of the former officer, and inform the opinion poll commissioner concerned accordingly:

Provided further that nothing in this sub-section shall prevent the opinion poll commissioner from appointing the same person to be the presiding officer for more than one polling station in the same premises.

(2) A polling officer shall, if so directed by the presiding officer, perform all or any of the functions of the presiding officer under this Act and any rules or orders made thereunder.

(3) If the presiding officer, owing to illness or other unavoidable cause, is obliged to absent himself form the polling station, his functions shall be performed by such polling officer as has been previously authorised by the opinion poll commissioner to perform such functions during any such absence.

(4) References in this Act to the presiding officer shall, unless the context otherwise requires, be deemed to include any person performing any functions which he is directed or authorised to perform under sub-section (2) of sub-section (3), as the case may be.

Section 13. General duty of presiding officer

It shall be the general duty of the presiding officer at a polling station to keep order thereat and to see that the opinion poll is fairly taken.

Section 14. Duty of a polling officer

It shall be the duty of the polling officers at a polling station to assist the presiding officer for such station in the performance of his functions.