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Cost and Works Accountants Act, 1959

70. Disciplinary action against member in connection with conduct of elections

A member of the Institute shall be liable for disciplinary action by the Council if he adopts one or more of the following practices with regard to the election to the Council, namely:

(1) Bribery, that is to say, any gift, offer or promise by a candidate or by any other person with the connivance of a candidate, of any gratification to a person whomsoever, with the object, directly or indirectly, of inducing-

(a) a member to stand or not to and as; or to withdraw from being, a candidate at an election; or

(b) a voter to vote or refrain from voting at an election, or as a reward to-

(i) a member for having so stood or not stood, or for having withdrawn his candidature; or

(ii) a voter for having voted or refrained from voting.

Explanation: For the purposes of this clause the term "gratification" is not restricted to pecuniary gratifications or gratifications estimable in money, but includes all forms of entertainment and all forms of employment for reward; but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election.

(2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with free exercise of any electoral right:

PROVIDED that a declaration of policy or a promise of a particular action or the mere exercise of a legal right without intent to interfere with an electoral right shall not be deemed to be interference within the meaning of this clause.

(3) The publication by a candidate or by any other person with the connivance of the candidate of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's elections.

(4) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or by any other person with the connivance of a candidate, any assistance for the furtherance of the prospects of the candidate's election from any person serving under the Government of India or the government of any State other than the giving of vote by such person, if he is a member of the Institute entitled to vote.

(5) The hiring or procuring, whether on payment or otherwise, of a vehicle by a candidate or by any other person with the connivance of a candidate, for the conveyance of voters.

(6) The canvassing for votes, or soliciting the vote of any other, or persuading any voter not to vote for any particular candidate, or persuading any voter not to vote at the election, or exhibiting any notice or sign board (other than an official notice) relating to the election, by a candidate or by any other person with the connivance of a candidate within a distance of 200 meters from a polling booth.

(7) Any act specified in clauses (1) to (6), when done by a member of the Institute who is not a candidate or a member acting with the connivance of a candidate

(8) The receipt of, or agreement to receive, any gratification whether as a motive or a reward-

(a) by a member for standing or not standing as, or withdrawing from being, a candidate; or

(b) by any member whomsoever for himself or any other person for voting or refraining from voting, or for inducing or attempting to induce any voter to vote or refrain from voting, or any candidate to withdraw his candidature.

(9) Contravention or misuse of any of the provisions of this Chapter or making any false statement knowing it to be false or without knowing it to be true while complying with any of the provisions of this Chapter.

70A. Dispute regarding election

(1) On receipt of an application under sub-section (2) of section 10 of the Act, the President shall refer the matter to the Tribunal within thirty days of the receipt of the application.

(2) At the time of giving its decision, the Tribunal shall also pass an order in regard to the costs. If the Tribunal satisfied that an application made under sub-section (2) of section 10 of the Act was not founded on a valid ground, the Tribunal may award the costs to the Institute.



Cost and Works Accountants Act, 1959 Back




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