Section 53 in The Jharkhand Agricultural Produce Markets Rules, 2000
53. Corrupt practices.
- The following shall be deemed to be corrupt practices for the purposes of rule 48:-(1)'Bribery', that is to say-(A)any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his agent or any gratification, to any person whomsoever, with the object, directly or indirectly, of inducing-(a)a person to stand or not to stand as, or to withdraw or not 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vote or refrain from voting at an election, or as a reward to-(i)a person for having so stood or not stood or of having withdrawn or not having withdrawn his candidature; or(ii)A voter for having voted or refrained from voting;(B)The receipt of, or agreement to receive, any gratification, whether as a motive or a reward-(a)by a person for standing or not standing as, or for withdrawing or not withdrawing from being candidate; or(b)by any person whomsoever for himself or any other person to induce any voter to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature.Explanation. - For the purposes of this clause the term 'gratification' is not restricted to pecuniary gratification or gratifications estimable in money and it includes all forms of employment for reward but it does not include the payment of any expenses bonafide 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 the candidate or his agent, or any other person (with the consent of the candidate or his agent) with the free exercise of any voting right :Provided that-(a)without prejudice to the generality of the provisions of this clause any such person as is referred to therein who-(i)threatens any candidate or any voter or any person in whom a candidate or a voter is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or(ii)induces or attempts to induce a candidate or a voter to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure shall be deemed to interfere with free exercise of the voting right of such candidate or voter within the meaning of this clause;(b)a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with voting right shall not be deemed to be interference within the meaning of this clause.(3)The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of or appeal to, religious symbols or the use of, or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of the election of the candidate or for prejudicially affecting the election of any candidate.(4)The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, caste, community, or language by a candidate or his agent or any other person with the consent of candidate or his agent for the furtherance of the prospects of the election of the candidate or for prejudicially affecting the election of any candidate.(5)The publication by a candidate or his agent or by any other person, with the consent of a candidate or his agent 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 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 the candidate's election.(6)The hiring or procuring, whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person (with the consent of a candidate, or, his agent) (or the use of such vehicle or vessel for the free conveyance) of any voter (other than the candidate himself, the members of his family or his agent) to or from any polling station provided for the poll :Provided that the hiring of a vehicle or vessel by a voter or by several voters at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:Provided further that the use of any public transport vehicle or vessel or any railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause.Explanation. - In this clause, the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power to otherwise and whether used for drawing other vehicles or otherwise.(7)The obtaining or procuring or abetting or attempting to obtain or procure by candidate or his agent or, by any other person (with the consent of a candidate or his agent), any assistance (other than the giving of vote) for the furtherance of the prospect of the candidate's election, from any person in the service of the Government, Marketing Board and Market Committees.Explanation (1). - In this rule the expression 'agent' means a polling agent/ or any person who is held to have acted as an agent in election with the consent of the candidate.(2)For the purpose of clause (7) a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an agent of that candidate.
