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169. Power to make rules.-

(1) The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules1 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:-

2[(a) the form of affidavit under sub-section (2) of section 33A;]

3[(aa)] the duties of presiding officers and polling officers at polling stations;

4[(aaa) the form of contribution report;]

(b) the checking of voters by reference to the electoral roll;

4[(bb) the manner of allocation of equitable sharing of time on the cable television network and other electronic media;]

(c) the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability;

(d) the manner in which votes are to be given by a presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vole;

(e) the procedure to be followed in respect of the lender of vote by a person representing himself to be an elector after another person has voted as such elector;

1[(ee) the manner of giving and recording of voles by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;]

(f) the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote;

(g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election;

1[(gg) the procedure as to counting of votes recorded by means of voting machines;]

(h) the safe custody of 2[ballot boxes, voting machines], ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;

3[(hh) the material to be supplied by the Government to the candidates of recognised political parties at any election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State;]

(i) any other matter required to be prescribed by this Act.

4[(3) Every rule made 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 5[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 validity of anything previously done under the rule.]

1. See the Conduct of Election Rules, 1961.

2. Ins. by Act 72 of 2002, s. 6 (w.e.f. 24-8-2002).

3. Clause (a) renumbered as (aa) by s. 6, ibid. (w.e.f. 24-8-2002). 4. Ins. by Act 46 of 2003, s. 6 (w.e.f. 11-9-2003).

Representation of the People Act, 1951 Back

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