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Union of India - Section

Section 38 in Conduct of Elections Rules, 1961

38. [ Issue of ballot papers to electors. [Substituted by S.O. 5573, dated 23.12.1971. ]

(1)Every ballot paper before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer.
(2)At the time of issuing a ballot paper to an elector, the polling officer shall-
(a)record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;]
(b)[ obtain the signature or thumb impression of that elector on the said counterfoil; and] [ Inserted by S.O. 518(E), dated 7.9.1979.]
(c)[ mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector:] [Substituted by S.O. 5573, dated 23.12.1971. ]
[Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper.
(3)Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the counterfoil.] [Inserted by S.O. 518(E), dated 7.9.1979. ]
(4)[ No person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.] [Substituted by S.O. 5573, dated 23.12.1971. ]