The Goa, Daman and Diu (Opinion Poll) Act, 1966

{
    "id": 16355,
    "slug": "goa-daman-and-diu-opinion-poll-act-1966",
    "title": "The Goa, Daman and Diu (Opinion Poll) Act, 1966",
    "short_title": "The Goa, Daman and Diu (Opinion Poll) Act, 1966",
    "act_number": "(Act No. 38 of 1966)",
    "act_year": 1966,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Goa, Daman and Diu (Opinion Poll) Act, 1966",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Administrator\" means the Administrator of the Union territory of Goa, Daman and Diu, appointed by the President under article 239 of the Constitution;\n(b) \"Chief Election Commissioner\" means the Chief Election Commissioner appointed by the President under article 324 of the Constitution;\n(c) \"Daman\" means the area comprised in the Daman assembly constituency;\n(d) \"Diu\" means the area comprised in the Diu assembly constituency;\n(e) \"elector\" means -\n(i) in relation to Goa, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force in Goa; and\n(ii) in relation to Daman and Diu, a person whose name is entered in the electoral roll of an assembly constituency for the time being in force either in Daman or in Diu;\n(f) \"Goa\" means the area comprised in the assembly constituencies of the Union territory other than the areas comprised in the Daman assembly constituency and the Diu assembly constituency;\n(g) \"opinion poll\" means a poll taken to ascertain the wishes of the electors in pursuance of the provisions of this Act;\n(h) \"prescribed\" means prescribed by rules made under this Act;\n(i) \"Union territory\" means the Union territory of Goa, Daman and Diu;\n(j) all other words and expressions used but not defined in this Act and defined in the Representation of the People Act, 1950, or, as the case may be, in the Representation of the People Act, 1951, shall have the meanings respectively assigned to them in those Acts.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Opinion Poll to ascertain the future status of Goa, Daman and Diu.",
            "chapter": null,
            "content": "(a) the wishes of the electors of Goa as to whether Goa should merge in the State of Maharashtra or should continue to be Union territory;\n(b) the wishes of the electors of Daman and Diu as to whether Daman and Diu should merge in the State of Gujarat or should continue to be Union territory.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Persons entitled to vote at opinion poll.",
            "chapter": null,
            "content": "(a) every elector of an assembly constituency in Goa, and no other person, shall be entitled to vote at the opinion poll taken in relation to Goa;\n(b) every elector of the Daman assembly constituency and the Diu assembly constituency, and no other person, shall be entitled to vote at the opinion poll taken in relation to Daman and Diu.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Fees not to be paid on applications for inclusion of names in electoral roll, etc.",
            "chapter": null,
            "content": "(a) any application for inclusion of any name in the electoral roll of any assembly constituency in Goa, Daman and Diu under section 23 of that Act; or\n(b) any appeal preferred against any order made on such application, if such application or appeal is made or preferred within a period of thirty days immediately following the commencement of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Conduct of opinion poll under the superintendence, direction and control of Chief Election Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Opinion poll commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Assistant opinion poll commissioners.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Opinion poll commissioner to include assistant opinion poll commissioners performing the functions of opinion poll commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. General duty of opinion poll commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Provision of polling stations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Appointment of presiding officers for polling stations.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. General duty of presiding officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Duty of a polling officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Staff of every local authority to be made available for work in connection with opinion poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Notification for opinion poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Fixing time for opinion poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Adjournment of opinion poll in emergencies.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Fresh opinion poll in case of destruction, etc., of ballot boxes.",
            "chapter": null,
            "content": "(a) any ballot box used at a polling station is unlawfully taken out of the custody of the presiding officer or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the opinion poll at that polling station cannot be ascertained, or\n(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station, the opinion poll commissioner shall forthwith report the matter to the Chief Election Commissioner.\n(a) declare the opinion poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh opinion poll at that polling station and notify the day so appointed and the hours so fixed in such manner as he may deem fit, or\n(b) if satisfied that the result of a fresh opinion poll at that polling station will not, in any way, affect the result of the opinion poll or that the error or irregularity in procedure is not material, issue such directions to the opinion poll commissioner as he may deem proper for the further conduct and completion of the opinion poll.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Manner of voting at opinion poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Special procedure for voting by certain classes of persons.",
            "chapter": null,
            "content": "(a) any of the following persons to give his vote by postal ballot, and not in any other manner, at an opinion poll, namely:-\n(i) a member of the Armed Forces of the Union or, as the case may be, of an armed police force of the Union territory, to whom the provisions of sub-section (3) of section 20 of the Representation of the People Act 1950, apply;\n(ii) a person who is employed under the Government of India in a post outside India;\n(iii) the wife of any such person as is referred to in sub-clauses (i) and (ii) to whom the provisions of sub-section (6) of the said section 20 apply;\n(b) any person subjected to preventive detention under any law for the time being in force, to give his vote by postal ballot, and not in any other manner, at an opinion poll, subject to the fulfillment of such requirements as may be specified in those rules.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Special procedure for preventing personation of electors.",
            "chapter": null,
            "content": "(a) for the marking with indelible ink on the thumb or any other finger, of every elector who applies for a ballot paper for the purpose of voting at a polling station before delivery of such paper to him;\n(b) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such ballot paper he has already such a mark on his thumb or any other finger.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Voting at an opinion poll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Counting of votes.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Destruction, loss, etc., of ballot papers at the time of counting.",
            "chapter": null,
            "content": "(a) direct that the counting of votes be stopped, declare the opinion poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh opinion poll at that polling station and notify the day so appointed and hours so fixed in such manner as he may deem fit, or\n(b) if satisfied that the result of a fresh opinion Poll at that polling station will not, in any way, affect the result of the opinion poll, issue such directions to the opinion poll commissioner as he may deem proper for the resumption and completion of the counting and for the further conduct and completion of the Opinion poll in relation to which the votes have been counted.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Declaration of results.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Report of the result.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Offences at opinion poll.",
            "chapter": null,
            "content": "(a) any reference to a candidate shall be omitted;\n(b) any reference to election shall be construed as a reference to opinion poll;\n(c) any reference to electoral right shall be construed as a reference to the right of a person to vote or refrain from voting at an opinion poll.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "28",
            "title": "29. Fresh opinion poll in case of extensive prevalence of offences referred to in section 28.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Other electoral offences.",
            "chapter": null,
            "content": "(a) the chief electoral officer shall be omitted;\n(b) a returning officer and an assistant returning officer shall be construed as a reference to an opinion poll commissioner and an assistant opinion poll commissioner respectively.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Application of certain provisions of Act 43 of 1951.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Delegation of functions of Chief Election Commissioner.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Power to make rules.",
            "chapter": null,
            "content": "(a) the duties of the opinion poll commissioner;\n(b) the duties of presiding officers and polling officers at polling stations;\n(c) the manner in which votes are to be given both generally and in the case of illiterate voter or voters under physical or other disability and of the persons specified under section 21;\n(d) the manner of publication of the hours during which the opinion poll will be taken;\n(e) the procedure as to voting to be followed at an opinion poll to prevent personation of electors;\n(f) the manner of declaration of the result of the opinion poll;\n(g) any other matter required to be prescribed by, or provided for by rules under, this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Jurisdiction of civil courts barred.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Removal of difficulties.",
            "chapter": null,
            "content": "Notifications\nNotifications\n\"In exercise of the powers conferred by section 16 of the Goa, Daman and Diu (Opinion Poll) Act, 1966 (38 of 1966), the President in consultation with the Chief Election Commissioner, hereby fixes the 16th day of January, 1967 as the date on which an opinion poll shall be taken in accordance with the provisions of the said Act and the rules and orders made thereunder, (a) in relation to Goa and (b) in relation to Daman and Diu\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        }
    ],
    "metadata": {
        "Act ID": "goa165",
        "Act Number": "(Act No. 38 of 1966)",
        "Enactment Date": "",
        "Act Year": "1966",
        "Short Title": "The Goa, Daman and Diu (Opinion Poll) Act, 1966",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:45"
}