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PUBLIC RECORD OFFICE
Reference :-
C.O.882/11
PUBLIC RECORD OFFICE, LONDON
| ALLY WITHOUT PERMISSION OF THE|
BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Remuneration of election agent.
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(2) Every claim against a candidate at an election or his election agent in respect of any expenses incurred on account of or in respect of the conduct or management of such election, which is not sent in to the election agent within the time limited by this Order, shall be barred and shall not be paid; and subject to such exception as may be allowed in pursuance of these rules, an election agent who pays a claim in contravention of this Article shall be guilty of an illegal practice.
Personal expenses
of candidate and
petty expenses.
(3) Except as by this Order permitted, the time limited by this Order for sending in claims shall be fourteen days after the day on which the candidates returned are declared elected.
(4) All expenses incurred by or on behalf of a candidate at an election, which are incurred on account of or in respect of the conduct or management of such election, shall be paid within the time limited by this Order and not otherwise; and, subject to such exception as may be allowed in pursuance of this Order, an election agent who makes a payment in contravention of this provision shall be guilty of an illegal practice.
(5) Except as by this Order permitted, the time limited by this Order for the payment of such expenses as aforesaid shall be twenty-eight days after the day on which the candidate returned is declared elected.
(6) Where it has been proved to the satisfaction of the election court by a candidate that any payment made by an election agent in contravention of this Article was made without the sanction or connivance of such candidate, the election of such candidate shall not be void, nor shall he be subject to any incapacity under this Order by reason only of such payment having been made in contravention of this Article.
(7) If the election agent in the case of any claim sent in to him within the time limited by this Order disputes it, or refuses or fails to pay it within the said period of twenty-eight days, such claim shall be deemed to be a disputed claim.
(8) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court; and any sum paid by the candidate or his agent in pursuance of the judgment or order of such court shall be deemed to be paid within the time limited by this Order, and to be an exception from the provisions of this Order, requiring claims to be paid by the election agent.
(9) On cause shown to the satisfaction of a Judge of the Supreme Court, such Judge on application by the claimant or by the candidate or his election agent may by order give leave for the payment by a candidate or his election agent of a disputed claim, or of a claim for any such expenses as aforesaid, although sent in after the time in this Article mentioned for sending in claims, or although the same was sent in to the candidate and not to the election agent.
(10) Any sum specified in the order of leave may be paid by the candidate or his election agent, and when paid in pursuance of such leave shall be deemed to be paid within the time limited by this Order.
83. So far as circumstances admit, this Order shall apply to a claim for his remuneration by an election agent and to the payment thereof in like manner as if he were any other creditor, and if any difference arises respecting the amount of such claim, the claim shall be a disputed claim within the meaning of this Order, and be dealt with accordingly.
84.-1) The candidate at an election may pay any personal expenses incurred by him on account of or in connection with or incidental to such election to an amount not exceeding one thousand
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five hundred rupees, but any further personal expenses so incurred by him shall be paid by his election agent.
(2) The candidate shall send to the clection agent within the time limited by this Order for sending in claims a written statement of the amount of personal expenses paid as aforesaid by such candidate.
(3) The personal expenses of a candidate include his reasonable travelling expenses, and the reasonable expenses of his living at hotels or elsewhere for the purposes of the election.
(4) Any person may, if so authorised in writing by the election agent of the candidate, pay any necessary expense for stationery, postage, telegrams, and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.
(5) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Order for the sending in of claims, and shall be vouched for by a bill containing the receipt of that person.
85.-(1) Subject to such exception as may be allowed in Expenses in pursuance of this Order, no sum shall be paid and no expense shall excess of maxi- be incurred by a candidate at an election or his election agent, whether mum to be before, during, or after an election, on account of or in respect of illegal practice.
the conduct or management of such election, in excess of an amount equal:-
(a) In the case of a constituency mentioned in Article 18 (i), (iii), (viii) and (ix) of this Order, to 75 cents for each voter on the register;
(b) In the case of any other constituency mentioned in Article 18
of this Order, to 95 cents for each voter on the register;
(c) In the case of the Muslim and Indian Constituencies, to
rupees 1/25 for each voter on the register; Provided that there shall not be included in such amount any expenditure incurred by the candidate for his personal expenses, nor the, fee, if any, paid to the election agent not exceeding rupees 750 in the case of a constituency mentioned in paragraph (a) supra, or rupees 1,000 in the case of a constituency mentioned in paragraph (b) supra, or rupees 1,250 in the case of a constituency mentioned in paragraph (c) supra.
(2) Any candidate or election agent who knowingly acts in contravention of this Article shall be guilty of an illegal practice.
86. (1) No payment or contract for payment shall, for the Certain expendi purpose of promoting or procuring the election of a candidate at any ture to be election, bu made-
illegal practice.
(a) On account of the conveyance of voters to or from the poll, whether for the hiring of vehicles or animals of transport of any kind whatsoever, or for railway fares, or otherwise;
or
(b) To a voter on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice.
(2) Subject to such exception as may be allowed in pursuance of this Order, if any payment or contract for payment is knowingly made in contravention of this Article either before, during, or after an election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in contravention of this Article, shall also be guilty of an illegal practice,
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