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Section 169 – The Representation of the People Act,1951

The Representation of the People Act,1951

Section 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–

(a) The duties of presiding officers and polling officer at polling stations;

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

(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 he given by in presiding officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty it polling station at which he is not entitled to vote;

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

2[(ee) The manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines ire 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;

2[(gg) The procedure is to counting of votes recorded by means of voting machines;]

(h) The safe custody of 3[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;

(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 in 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.]

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1. See, the Conduct of Infections Rules,1961

2. Ins. by Act I of 1999, sec. 16 (w.e.f. 15-3-1089).

3. Subs. by Act I of 1989, sec. 16, for “ballot boxes” (w.e.f. 15-3-1989).

4. Subs. by Act 40 of 1961, sec. 29, for subsection (3) (w.e.f. 20-9-196l), which was ins. by Act 27 of 1956, sec. 82,

5. Subs. by Act 4 of 1986, sec. 2 and Sch. (w.e.f. 15-5-1986).

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