Section 19
To Impose Fine Immediately
(1) The following officer shall punish any person who commits the following act with a fine ranging from five hundred rupees to ten thousand rupees, depending on the gravity of offence:
(a) Except for voting by a person who is not a citizen of Nepal, in the case of commission of any act in contravention of Section 3 or Clauses (b), (c), (f)
and (g) of Section 11, the Polling Officer;
(b) In the case of commission of any act in contravention of Section 9 or Clauses
(d) and (e) of Section 11, the Polling Officer or Monitoring Team;
(c) In the case of commission of any act in contravention of Section 10 or Clauses (a) and (h) of Section 11 or Section 13 or Section 14 or Section 16,
the Returning Officer, Polling Officer or Monitoring Team.
(2) Upon receipt of the amount of fine imposed pursuant to Sub-section (1), the fine imposing officer shall immediately give a receipt of payment of such fine
to the concerned person.
(3) A person who is not satisfied with the decision of the fine imposing officer pursuant to sub-section (1) may make an appeal to the concerned Appellate
Court within thirty five days.
(4) The fine imposing officer may hand over any person who does not pay the fine pursuant to Sub-section (1) to the concerned police office to imprison such
person for the amount of fine in accordance with the prevailing laws.
(5) Where any person acting on behalf of a political party or candidate or his or her agent or any other person uses any vehicle in contravention of Section 16,
the fine imposing officer referred to in Clause (c) of Sub-section (1) shall seize the vehicle for the period of election, and where such vehicle belongs to any
governmental or government owned body or local body, shall write to the Commission for departmental action against the officer who has provided such
vehicle.
(6) Where any person acting on behalf of a political party or candidate or his or her agent or any other person uses pamphlet or poster, wall painting, Tul or
other banners in contravention of Section 13, the fine imposing officer referred to in Clause (c) of Sub-section (1) may seize such pamphlet, poster, Tul or banner and
issue an order to maintain the place where such poster, wall painting, Tul or other banner has been used as it was before.
(7) The fine imposing officer referred to in clause (c) of Sub-section (1) may fine a candidate who does not carry out the order issued pursuant to Sub-
section (6) with additional sum not exceeding ten thousand rupees and recover from such candidate the expenditures incurred in making the place where such
pamphlet, poster, wall painting, Tul or other banners have been used as it was before.
(8) Where any person, after marking vote on a ballot paper, shows or exhibits the ballot paper to any one, the fine imposing officer referred to in Clause
(a) of Sub-section (1) shall, while imposing fine, put the ballot in a separate sealed envelope, containing such details, and execute a recognizance deed, and such a
ballot paper shall not be counted in a case where such ballot paper has not yet been inserted to the ballot box.
(9) Notwithstanding anything contained elsewhere in this Section, once a person has been fined for any offence by the fine imposing officer pursuant to this
Section, the other fine imposing officer referred to in this Section shall not fine such person again for the same offence.
(a) Except for voting by a person who is not a citizen of Nepal, in the case of commission of any act in contravention of Section 3 or Clauses (b), (c), (f)
and (g) of Section 11, the Polling Officer;
(b) In the case of commission of any act in contravention of Section 9 or Clauses
(d) and (e) of Section 11, the Polling Officer or Monitoring Team;
(c) In the case of commission of any act in contravention of Section 10 or Clauses (a) and (h) of Section 11 or Section 13 or Section 14 or Section 16,
the Returning Officer, Polling Officer or Monitoring Team.
(2) Upon receipt of the amount of fine imposed pursuant to Sub-section (1), the fine imposing officer shall immediately give a receipt of payment of such fine
to the concerned person.
(3) A person who is not satisfied with the decision of the fine imposing officer pursuant to sub-section (1) may make an appeal to the concerned Appellate
Court within thirty five days.
(4) The fine imposing officer may hand over any person who does not pay the fine pursuant to Sub-section (1) to the concerned police office to imprison such
person for the amount of fine in accordance with the prevailing laws.
(5) Where any person acting on behalf of a political party or candidate or his or her agent or any other person uses any vehicle in contravention of Section 16,
the fine imposing officer referred to in Clause (c) of Sub-section (1) shall seize the vehicle for the period of election, and where such vehicle belongs to any
governmental or government owned body or local body, shall write to the Commission for departmental action against the officer who has provided such
vehicle.
(6) Where any person acting on behalf of a political party or candidate or his or her agent or any other person uses pamphlet or poster, wall painting, Tul or
other banners in contravention of Section 13, the fine imposing officer referred to in Clause (c) of Sub-section (1) may seize such pamphlet, poster, Tul or banner and
issue an order to maintain the place where such poster, wall painting, Tul or other banner has been used as it was before.
(7) The fine imposing officer referred to in clause (c) of Sub-section (1) may fine a candidate who does not carry out the order issued pursuant to Sub-
section (6) with additional sum not exceeding ten thousand rupees and recover from such candidate the expenditures incurred in making the place where such
pamphlet, poster, wall painting, Tul or other banners have been used as it was before.
(8) Where any person, after marking vote on a ballot paper, shows or exhibits the ballot paper to any one, the fine imposing officer referred to in Clause
(a) of Sub-section (1) shall, while imposing fine, put the ballot in a separate sealed envelope, containing such details, and execute a recognizance deed, and such a
ballot paper shall not be counted in a case where such ballot paper has not yet been inserted to the ballot box.
(9) Notwithstanding anything contained elsewhere in this Section, once a person has been fined for any offence by the fine imposing officer pursuant to this
Section, the other fine imposing officer referred to in this Section shall not fine such person again for the same offence.