262
.
Certain employ-
ment to be
illegal.
Saving for creditors.
Return and declaration respecting election expenses.
3+
(3) Provided that where it is the ordinary business of a voter as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such voter, if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this Article.
(4) Provided further that where voters are unable at an election to reach their polling places from their places of residence without crossing the sea or a branch or arm thereof, this Article shall not prevent the provision of means for conveying such voters by sea to their polling places, and the amount of payment for such means of conveyance may be in addition to the maximum amount of expenses allowed by this Order.
87.-(1) No person shall, for the purpose of promoting or procuring the election of a candidate at any election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except for the purposes or in the capacities following:-
(a) One election agent and no more;
(b) One polling agent for each polling station and no more; (c) A reasonable number of clerks and messengers, having regard to extent of, and the number of electors on the register of electors applicable to, the constituency.
(2) Subject to such exception as may be allowed in pursuance of this Order, if any person is engaged or employed in contravention of this Article, either before, during, or after an election, the person engaging or employing him shall be guilty of an illegal practice.
88. The provisions of this Order prohibiting certain payments and contracts for payments, and the payment of any sum, and the incurring of any expense in excess of a certain maximum, shall not affect the right of any creditor, who, when the contract was made or the expense was incurred, was ignorant of the same being in contra- vention of this Order.
89.-(1) Within thirty-one days after the date of the publication of the result of an election in the Gazette, the election agent of every candidate at that election shall transmit to the returning officer a return of the election expenses of such person, containing the particulars specified in the schedule to this Article, signed both by the candidate and by his election agent.
(2) Every such return shall contain a statement of all payments made by the candidate or by his election agent, or by any persons on behalf of the candidate, or in his interests, for expenses incurred on account of, or in respect of, the conduct and management of the election, and a further statement of all unpaid claims in respect of such expenses, of which he or his election agent is aware.
(3) The return shall be accompanied by declarations by the candidate and his election agent, which shall be in the form contained in the schedule to this Article and shall be made on oath or affirmation before a justice of the peace.
(4) If any candidate or election agent acts in contravention of the requirements of this Article, or knowingly makes the declaration required by this Article falsely, he shall be guilty of an illegal practice.
SCHEDULE.
Return of Election Expenses.
1. Under the head of receipts there shall be shown the name and description of every person (including the candidate), club, society, or association from whom any money, security, or equivalent of money was received in respect of expenses incurred on account of, or in
35
connection with, or incidental to the election, and the amount received from each person, club, society, or association separately. 2. Under the head of expenditure there shall be shown-
(a) The personal expenses of the candidate incurred or paid
by him or his election agent.
(b) The name, and the rate, and total amount of the pay of each person employed as an agent (including the election agent), clerk, or messenger.
(c) The travelling expenses and any other expenses incurred by the candidate or his election agent on account of agents (including the election agent), clerks, or messengers.
(d) The travelling expenses of persons, whether in receipt of salary or not, incurred in connection with the candidature and whether paid or incurred by the candidate, his election agent, or the person so travelling.
(e) The cost, whether paid or incurred, of—
(i) Printing.
(ii) Advertising.
(iii) Stationery.
(iv) Postage.
(v) Telegrams.
(vi) Rooms hired either for public meetings or
committee-rooms.
as
(f) Any other miscellaneous expenses, whether paid or
incurred.
Note. (1) All expenses incurred in connection with the candidature, whether paid by the candidate, his election agent, or any other person, or remaining unpaid on the date of the return, are to be set out.
(2) For all items of twenty rupees and over, unless from the nature of the case (e.g., travel by rail or postage) a receipt is not obtainable, vouchers have to be attached.
(3) All sums paid but for which no receipt is attached are to be set out in detail witli dates of payments.
(4) All sums unpaid are to be set out in a separate list.
3. The forms of declarations referred to in Article 89 (3) shall be as follows:-
I,
Form of Declaration by an Election Agent.
being appointed election agent for a candidate for election in the
Constituency, do hereby solemnly affirm (or swear) that the above return of election expenses is true to the best of my knowledge and belief, and that, except the expenses therein set forth, no expenses of any nature whatsoever have to my knowledge or belief been incurred in or for the purposes
...candidature. Solemnly affirmed (or sworn) before me.
Justice of the Peace.
of.
I,
Election Agent.
Form of Declaration by Candidate.
being a candidate for election in the Constituency, do hereby solemnly affirm (or swear) that the above return of election expenses is true to the best of my knowledge and belief, and that, except the expenses therein set forth, no expenses of any nature whatsoever have to my knowledge or belief been incurred in, or for the purposes of, my candidature.
Solemnly affirmed
(or sworn to) before me.
Justice of the Peace.
Candidate.
E 2
PUBLIC RECORD OFFICE
Reference :-
PELLIC.O.882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
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