Annexure - 1

Criteria for Rowdies and Classification of Rowdy Sheets

The following persons many be classified as Rowdies and Rowdy sheets may be opened for them under the standing order of 742 of the Superintendent of Police or Sub Divisional Officer.

1. 1.  
   2. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace;
   3.  
   4. Persons bound over under Sections 106, 107, 108(c) and 110(1) of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974);
   5.  
   6. Persons who have been convicted more than once in two consecutive years under Section 75 of the Madras City Police Act or under Section 3, clause 12, of the Towns Nuisances Act;
   7.  
   8. Persons who habitually tease woman and girls by passing indecent remarks or otherwise; and
   9.  
   10. In the case of rowdies residing in an area under one Police Station but are found to be frequently visiting the area under one or more other Police Stations their rowdy sheets can be maintained at all such Police Stations.

Criteria for History Sheeters, Suspects and Opening of History Sheets

As per Police standing order of 733 History Sheets of persons residing permanently or temporarily in the station limits, who are known or believed to be addicted to or to aid and abet the commission of crime, whether convicted or not or who are believed to be habitual receivers are maintained.

Automatic opening of History Sheets, as per Police Standing Order of 734, is maintained at the time of conviction for persons convicted as under and shall be retained for two years after release from jail.

Police Standing Order 736 deals with Suspects. The following persons should be classified as suspects and history sheets shall be opened for them under the orders of the Superintendent of Police or Sub – Divisional Officer:

1. 1.  
   2. Persons once convicted under any section of the Indian Penal Code who are considered likely to commit crime again, and
   3.  
   4. Persons not convicted, but believed to be addicted to crime.
   5.  
   6. Care should be taken to see that History Sheets are opened under this Order only for persons who are likely to turn out to be habitual criminals and, therefore require to be close watched.

Annaxure-2

Classification of Offences and Period of Disqualification

The following table gives the type of crime, the period of disqualification and the sections dealing with the relevant laws.

Annexure - 3

Law Commission Proposals for Framing of Charges and Disqualifications

1. Law Commission proposes certain amendments to RP Act, 1951. To quote the report, "major proposal put forward relates to amendment of section 8 of the Representation of the People Act 1951 which, as it now stands, provides for disqualification on the ground of conviction for certain named offences. It is well known that mafia leaders and leaders or members of criminal gangs rarely get convicted by courts. The reasons for this phenomenon are well known, the foremost among them being the unwillingness of the witnesses to come forward and depose for fear of reprisals from the accused. It is accordingly proposed that even if charges are framed under any of the offences mentioned in sub-section (1) is not necessary; if the charges are framed by the court under any of those offences, it would be sufficient to attract the disqualification under section 8. For this purpose, several measures have to be adopted, namely,

1. Shifting the offences under the Protection of Civil Rights Act, 1955 from sub-section (1) of section 8 to sub-section (2) thereof. This is for the reason that in the opinion of the Commission it is not advisable to increase the punishment provided by the provisions of the Civil Rights Act to three years (in which case along it would become a warrant case, requiring the framing of charges).
2. It is suggested that the punishment under sections 171E and 171F should be enhanced to three years in addition to fine in place of the existing punishment of one year of fine or both. It is also suggested that offences under sections 171G, 171H and 171I of the Indian Penal Code should not only be included in clause (a) of subsection (1) of section 8, but the punishment under the said three sections should also be enhanced to three years in addition to fine. It may be mentioned that all the offences mentioned under sections 171E to 171I are offences relating to elections. These provisions were added by chapter IXA introduced in the IPC by Amendment Act 39 of 1970. Over the years, we have seen that these offences are on rise and are becoming more widespread, and more serious. To counteract this trend, it is necessary to enhance the punishment under the aforesaid sections so as to make the procedure relating to warrant cases applicable in all such cases. It may be mentioned that in cases triable as warrant cases, the framing of charges is obligatory (unless of course the accused is discharged) whereas in case of offences triable according to summons procedure, framing of the charges is optional with the court. Once the procedure for warrant cases is attracted and charges are framed in respect of specified offences, the accused person would be disqualified under section 8 of the Representation of People Act, 1951. Necessary Amendment Bill for this purpose is appended herewith as IPC (Amendment) Bill.
3. Similarly, the punishment under sections 135, 135A and 136(2) of the Representation of the People Act is also proposed to be enhanced to three years. These offences pertain to removal of ballot papers from polling stations, booth capturing and fraudulently defacing of destroying nomination papers. They too are election offences and deserve to be treated on par with, if not more severely than, the offences mentioned in Chapter IXA of the Indian penal Code."(Page No.20 to 23 of Working paper on Reform of the Electoral Laws, September 1998)

1. The detailed Amendments to various Sections of the RP Act, 1951

Amendment of Section 8:

1. In section 8 of the Principal Act, for the existing title, the following title shall be substituted:
2. "Sec. 8 Disqualification for certain offences.
3. For sub-sections (1) and (2), the following sub-sections shall be substituted:

1. 1. A person against whom charge has been framed under, or who has been convicted of an offence punishable under -

1. 1. Section 153A or section 171E or Section 171F or section 171G or section 171H or section 171I of sub-section (1) of sub-section (2) of section 376 or section 376A or section 376B or section 376C or section 376D or section 498A or Sub-section (2) or sub-suction (3) of section 505 of the Indian Penal Code (45 of 1860); or
   2. Section 11 of the Customs Act, 1962 (52 of 1962); or
   3. Sections 10 to 12 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967); or
   4. The Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or
   5. The Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
   6. Section 3 or section 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or
   7. Section 7 of the Religious Institutions (prevention of Misuse) Act, 1988 (41 of 1988); or
   8. Section 125 or section 135 or section 135 A or sub-section (2) or section 136 of this Act, shall be disqualified for a period of twelve years from the date of framing of such charge or such conviction as the case may be.

1. 1. A person convicted for the contravention of -

1. 1. any law providing for the preventing of hoarding or profiteering; or
   2. any law relating to the adulteration of food of drugs; or
   3. any provisions of the Dowry Prohibition Act, 1961 (28 of 1961); or
   4. any provisions of the Commission of Sati (Prevention) Act, 1987 (3 of 1987); or
   5. the Protection of Civil Rights Act, 1955 (22 of 1955); or
   6. any provisions of the Prevention of the Insults to National Honour Act, 1971

1. Amendments to Chapter IXA of the Indian Penal Core, 1860

Annexure - 4

Proposed proforma for furnishing information under Sections 8, 8A and 9 dealing with the disqualification from contesting election.

Annexure -5

Statement of Income and Expenditure

1. The statement of accounts shall comprise accounts of income and expenditure and an account of assets. It shall be drawn up in accordance accepted bookkeeping principles and with due regard for the purposes of this Law. The statement of accounts of the political party in its entirety shall incorporate the statements of accounts separately showing federal and state organisations and the statements of accounts of the subordinate organizations of each respective state organization. The state organizations and their subordinate organizations shall attach to their statements of accounts a complete list of all donations together with the names and addresses of the donors. The party state organisations shall keep the partial reports of the district organizations subordinate to them in collective form in their own accounting documents.
2. Income includes:

1. 1. Members' subscriptions and similar regular contributions.
   2. Donations from natural persons
   3. Donations from legal entities
   4. Income from assets
   5. Income from organized events, distribution of printed materials and published materials and other income-raising party activities
   6. Public funds
   7. Other income
   8. Grants from subdivisions
   9. Total income from items 1 to 8

3. Expenditures includes:

1. 1. Staff
   2. Current business activities
   3. General party work
   4. Elections
   5. Interest
   6. Other expenditures
   7. Allocations to subdivisions

3. The statement of assets comprises:

1. 1. Capital assets

1. 1. 1. Real estate and land
      2. Equipment of premises
      3. Financial investments

1. 1. Working capital

1. 1. 1. Claims on subdivisions
      2. Claims for public funds
      3. Monetary assets
      4. Other assets

III. All property

2. Debts

1. 1. Pensions
   2. Other reserves

1. 1. Liabilities towards the subdivisons
   2. Liabilities towards credit institutes
   3. Other liabilities

3. Net Assets (positive or negative).

3. The statement of accounts shall show separately the total contributions of natural persons up to Rs.25,000 per person as well as the total contributions of natural persons which exceed the amount of Rs.25,000
4. The report shall be preceded by a summary of :

1. income of the whole party in accordance with Paragraph 2, Nos.1 to 7 and their total,
2. expenditure of the whole party in accordance with Paragraph 3, Nos.1 to 6 and their total,
3. any surplus or deficit,
4. property of the whole party in accordance with Paragraph 4, No.1 I and II 2 to 4 and their total
5. debts of the whole party in accordance with Paragraph 4, No.2 I and II 2 and 3 and their total,
6. net assets of the whole party (positive or negative),
7. total income, total expenditure, surpluses or deficits as well as net assets of the three subdivisional levels; national organization, land organizations and district organizations.

In addition to the absolute figures for Nos.1 and 2 the respective percentage of total income under No.1 and total expenditure under No.2 must be indicated.

3. The number of members at the end of the year must be indicated
4. The party may attach brief explanations to the statement of accounts and especially to specific items.
5. Public grants for party youth organizations shall not count towards the absolute and relative limits. They should be indicated in the party's statement for information purposes but are not to be included in the statement of income and expenditure.

Annexure - 6

AFFIDAVIT

I_______________________________Son/daughter/wife of____________________________

aged_____ years, resident of ______________________________________________am a candidate for election to the Office of ________________, and I do hereby solemnly affirm and declare as follows:-

1. 1. That, I have filed my nomination paper(s) for the above election.
   2. That, in connection with my candidature for the above election, I am submitting here with the information in the prescribed proforma and the Statement of Assets and Income pertaining to myself, my spouse and dependent members of my family under RP Act 1951
   3. That the information furnished is true to the best of my knowledge and belief and that nothing material has been concealed therefrom.

Place:-

Date:-

Annexure - 7

VERIFICATION OF ELECTORAL ROLLS

Annexure - 8

Verification of Polling - Survey Results