28. Power to make rules.—(1) The Central Government may, after consulting the
Election Commission, by notification in the Official Gazette, make rules for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:—
1
[(a) the determination of ordinary residence under sub-section (7) of section 20;
(aa) the particulars to be entered in the electoral rolls;]
(b) the preliminary publication of electoral rolls 2* * *;
(c) the manner in which and the time within which claims and objections as to entries in
electoral rolls may be preferred;
3* * * * *
(e) the manner in which notices of claims or objections shall be published;
(f) the place, date and time at which claims or objections shall be heard and the manner in
which claims or objections shall be heard and disposed of;
(g) the final publication of electoral rolls;
4
[(h) the revision and correction of electoral roll and inclusion of names therein;]
5
[(hh) the procedure for proper verification of facts for amending, transposing or deleting any
entry in the electoral rolls, under section 22;
(hhh) the procedure for proper verification of facts for inclusion of or striking off, names in
the electoral rolls, under sub-section (2) of section 23;]
6
[(hhha) the authority and the form and manner of intimation of Aadhaar number under
sub-section (5) of section 23;
(hhhb) the sufficient cause and furnishing of alternate documents to be provided by the
individual under sub-section (6) of section 23;]
(i) any other matter required to be prescribed by this Act.
7
[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may
be after it is made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the
case may be; so, however, that any such modification or annulment shall be without prejudice to be
validity of anything previously done under that rule.]
1. Subs. by Act 47 of 1966, s. 12, for clause (a) (w.e.f. 14-12-1966).
2. Certain words omitted by Act 73 of 1950, s. 9 (w.e.f. 23-12-1950).
3. Clause (d) omitted by Act 20 of 1960, s. 3 (w.e.f. 8-5-1960).
4. Subs. by Act 2 of 1956, s. 24(a), for clause (h) (w.e.f. 1-3-1956).
5. Ins. by Act 36 of 2010, s. 5 (w.e.f. 10-2-2011).
6. Ins. by Act 49 of 2021, s. 5 (w.e.f. 1-8-2022).
7. Subs. by Act 88 of 1976, s. 6, for sub-section (3) (w.e.f. 2-9-1976).
20
1
[29. Staff of local authorities to be made available.—Every local authority in a State shall,
when so requested by the chief electoral officer of the State, make available to any electoral
registration officer such staff as may be necessary for the performance of any duties in connection
with the preparation and revision of electoral rolls.]
30. Jurisdiction of civil courts barred.—No civil court shall have jurisdiction—
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to
be registered in an electoral roll for a constituency; or
(b) to question the legality of any action taken by or under the authority of an electoral
registration officer, or of any decision given by any authority appointed under this Act for the
revision of any such roll.
2
[
3
[31. Making false declarations.—If any person makes in connection with—
(a) the preparation, revision or correction of an electoral roll, or
(b) the inclusion or exclusion of any entry in or from an electoral roll,
a statement or declaration in writing which is false and which he either knows or believes to be
false or does not believe to be true, he shall be punishable with imprisonment for a term which may
extend to one year, or with fine, or with both.]
32. Breach of official duty in connection with the preparation, etc., of electoral rolls.—(1) If
any electoral registration officer, assistant electoral registration officer or other person required by
or under this Act to perform any official duty in connection with the preparation, revision or
correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is
without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be
punishable 4
[with imprisonment for a term which shall not be less than three months but which may
extend to two years and with fine].
(2) No suit or other legal proceeding shall lie against any such officer or other person for
damages in respect of any such act or omission as aforesaid.
(3) No court shall take cognizance of any offence punishable under sub-section (1) unless there
is a complaint made by order of, or under authority from, the Election Commission or the Chief
Electoral Officer of the State concerned.]