THE TIWA, AUTONOMOUS Councrl (ELECTTON) R.ULES, 2005
Total Page:16
File Type:pdf, Size:1020Kb
I- THE TIWA, AUTONOMOUS couNCrL (ELECTTON) R.ULES, 2005 w@qq q{& Assam State Election Com'emnission Dispur, Guwahati-78[CI06 2015 \ GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR DEPARTMENT FOR WELFARE OF PLAIN TRIBES & BACKWARD CLASSES NOTIFICATION The 7th December, 2005 No. TAD/BC/295105/6 : \n exercise of powers coiferred by section 60 of the Tiwa Autonomous Council Act, 1995 (Assam Act XXV of 1995), the Governor of Assam is hereby pleased to make the following rules regulating the matters relating to the Elections to the General Council namely : PART-I Preliminary Short title and 1. (1) These rules may be called the Tiwa Autonomous Council Commencement (Election) Rules, 2005. (2) They shall come into force on the date of their publication in the Official Gazette. Definitions 2. In these rules unless the context otheriwise requires, (a) "Act" means the TIWA AUTONOMOUS COUNCIL ACT, 1995. (b) "Authority" means an Authority appointed by the Government. from time to time, by notification in the Official Gazette. to try an election petition under Sub-Section (l) of 59 of the Acr: (c) "Ballot Box" means and includes any box, bag or other receptacle used for the insertion of ballot paper by voters during polll (d) "Commission" means the Assam State Election Commission: (e) "Constitution" means the Constitution of India. (0 "Constituency" means a Constituency notified by the Government by an order made under Section 48 of the Act for the purpose of election to the General Council; (g) "Comrpr practice" means any of the practices specified in Section 123 of the Representation of people Act. l95l: (h) "Council" means the General Council as provided in the Act; ( 1., "Council Area" means the Tiwa Autonomous Council area; c) "Counterfoil" means the counterfoil attached to a ballot paper printed under provisions of these rules; (k) "Election Authority" means the Assam State Election Commission. 0) "Elector" in relation to an election is a Constituency means any person whose name is included in the electoral roll of that Constituency as defined in Section 2(f) read with Section 5l of the Act and includes the term 'voter, in the appropriate context; (m) "Electoral Roll" means the electoral rolls of a Constituency; (n) "Form" means a forms appended to Appendix-I and Appendix-ll of these Rules and includes translation thereof in Assamese or any of the languages used for official purposes, and any printed, photo copies, type written, cyclostyled or manuscript copy thereof; (o) "Govemment" means the State Government of Assam; (p) "Marked copy of the Electoral Roll" means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election; (q) "Order" means an orrder published in the official Gazatte of Assam; G) "Person" does not include a body of persons; (s) "Polling Station,, in relation to a Council election means the place fixed for taking the polt at that election; ('[ ) ;JlT#:f :l,T;ffi ;:', ;, :'i: l';#:'"i:t?; l88l (26 of l88l); "1"1,.-1,:ffi (u) "Registration Officer,' means the Electoral Registration Officer of a Constituency and includes an Assistant Electoral Registration Officer thereof; (v) 'Section" means a section of the Act; (w) "Sign" in relation to a person who is unable to write his name means authenticating in such manner as prescribed under Rule 2 (2) of the Conduct of Elections Rutes, 19611 (x) the words and expressions used in these rules but not defined but defined in the Act shall have the same meaning respectively assigned to them in the Act. Part-II Delimitation of Constituencies -r. The Council Area shall be divided into as many territorial Constituencies as provided in the Act and the extent of each such constituency shall be determined by the Government by orders published in the official Gazette of the State under provisions of the Act. Part-III Administrative Machinery for preparation of electoral rolls and conduct of election 4. For the purpose of holding election to the General Council as provided in Section 50 of the Act, the preparation, publication and maintenance of all electoral rolls for and the conduct of elections to the General Council shall be done under the superintendence, direction and control of the Authority. 5. (1) For each district within the Council Area, the Authority shall, in consultation with the Government, designate or nominate a District Election Officer who shall be an Officer of the Govemment. Provided that the Commission may designate or nominate more than one such officer for a district if the Commission is satisfied that the functions of the office cannot be performed satisfactory by one officer. (2) Where more than one District Election Officer are designated or nominated for a district under provisio to sub-rule (l), the Commission shall in the order designating or nominating the District Election Officers also specift the area in respect of which each such ofiicer shalI exercise jurisdiction. (3) Subject to the superintendence, direction and control of the Commission, the District Election Officer shall co-ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation, printing and publication of all electoral rolls for and conduct of all elections to the General Council Constituencies within the district. (4) The District Election Olficer shall also perform such other functions as may be entrusted to him by the Commission. 6. (l) For every Constituency the Commission shall, in consultation with Government, designate or nominate a Returning Olficer who shall be an officer of the Govemment Provided that the Commission may also designate or nominate the same person to be the Returning Offrcer for more than one constituency. (2) It shall be the general duty of the Returning Officer at any election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by the Act and the rules or orders made there under. 7. Every Assistant Retuming Officer shall, subject to the control of the Retuming Officer, be competent to perform all or any of the functions of the Retuming Offrcer. Provided that no Assistant Returning officer shall perform any of the functions of the Returning officer, which relate to the scrutiny of nominations unless the Retuming Officer is unavoidably prevented from performing the said function. 8. References in the Act and in these rules to the Returning officer shall, unless the context otherwise requires be deemed to include an Assistant Returning Officer performing any function which he is authorized to perform under sub-rule (2) of Rule 7. T- for 9. The commission shall, in consultation with the Government, designate or nominate each district within the Council area one or more offrcer(s), who shall be such offrcer(s) of the Government, as Election Officer(s) to advise and assist the District Election officer(s) in the performance of his (their) functions as specified under rule 5.. The Election bfficer shall also perform such other functions as may be entrusted to him by the Commission and the District Election Officer. Electoral 10. The electoral roll for each council constituency shall be prepared by an Registration Officer who shall be such officer of the Govemment or of a local authority in u. ih" Co*mi.rion may, in consultation with the Government, designate or nominate this behalf. one or more 11. (l) The Commission may appoint, in consultation with the Government, person as Assistant Eiectoral Registration Officers to assist any Electoral Registration Officer in the performance of his functions' (2) Every Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration officer, be competent to perform all or any of the functions of the Electoral Registration Officer. a 12. The Electoral Registration officer may designate any offtcer of the Government or of local authority to assist him in the process of the preparation and publication of electoral rolls. polling station r3. (l) The District Election Officer shall appoint Presiding Officer for each and such number of polling officer or officers as he may consider necessary for who conducting the elections under these rules, but he shall not appoint any person has been employed by or on behalf of, or has been working for a candidate in or about the election : Provided that if a Polling officer is absent from the polling station, the presiding officer many appoint in writing any person who is present at the polling station, other than a person who has been employed by or on behalf ol or has been otherwise working foi, a candidate in or about the election, to be the Polling Officer during the absence of the former officer and the Presiding officer shall inform the District Election Offrcer accordingly. (2) The Polling offrcer shall, if so directed by the Presiding offtcer, perform all or any of the funciions of a Presiding Officer under these rules or orders made thereunder. (3) If the Presiding officer, owing to illness or other unavoidable cause, in obliged to absent himself from the polling station, his functions shall be performed by each Polling officer as has been previously authorized by the District Election officer under to perform such functions during any such absence' (4) References in these rules to the Presiding Olficer shall, unless the context otheriwse requires, be deemed to include any person performing any function which he is authorized to perform under sub rule (2) or sub rule (3), as the case may be' (5) It shall be the general duty of the Presiding officer at a polling station to keep order there at and to see that the poll is fairly taken.