retrospective effect to Sections 6, 7 and 8. Sections 6, 7, 8, 9 and 10 of Act 40
of 1975 read as under:
"6. In Section 77 of the principal Act, in sub-section (1),(a) for the words 'the date of publication of the notification calling the
election', the words 'the date on which he has been nominated' shall
be substituted;
(b) after Explanation 2, the following Ex-planation shall be inserted,
namely:—
'Explanation 3.— For the removal of doubt, it is hereby declared that any
expenditure in respect of any arrangements made, facilities provided or any
other act or thing done by any person in the service of the Government and
belonging to any of the classes mentioned in clause (7) of Section 123 in the
discharge or purported discharge of his official duty as mentioned in the
proviso to that clause shall not be deemed to be expenditure in connection
with the election incurred or authoriized by a candidate or by his election
agent for the purposes of this sub-section.'
7. In Section 79 of the principal Act, for clause (b). the following clause
shall be sub-stituted, namely:—
'(b) 'candidate' means a person who has been or claims to have been duly
nominated as a candidate at any election.'
8. In Section 123 of the principal Act,—
(a) in clause (3), the following proviso shall be inserted at the end,
namely:—
'Provided that no symbol allotted under this Act to a candidate shall be
deemed to be a religious symbol or a national symbol for the purposes of this
clause.'
(b) in clause (7), the following proviso shall be inserted at the end,
namely:—
'Provided that where any person, in the service of the Government and
belonging to any of the classes aforesaid, in the discharge or purported
discharge of his official duty, makes any arrangements or provides any
facilities or does any other act or thing, for, to, or in relation to, any candidate
or his agent or any other person acting wth the consent of the candidate or
his election agent, (whether by reason of the office held by the candidate or
for any other reason), such arrangements, facilities or act or thing shall not
be deemed to be assistance for the furtherance of the prospects of that
candidate's election.',
(c) in the Explanation at the end, the following shall be added,
namely:—
'(3) For the purposes of clause (7), notwithstanding anything contained in
any other law, the publication in the Official Gazette of the appointment,
resignation, termination of service, dismissal or removal from service of a
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