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Section 56: Return by election agent

Representation of the People Act · PART IV: ELECTION EXPENSES

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

56. Return by election agent (1) Within 6 weeks after the day on which a candidate or candidates returned at an election is or are declared elected, the election agent of every candidate at the election shall make an election return to the returning officer for the electoral area in which he acted as an election agent. (cid:3) R20 – 25(cid:3) [Issue 9] (cid:3) Representation of the People Act (cid:3) (cid:3) (2) Every return made under this section shall contain a full statement, under the appropriate head specified in the return, of all expenditure incurred in connection with the election by or on behalf of the candidate, and shall be supported by vouchers for all payments in excess of 30 rupees. (3) Every return made under this section shall contain a full statement of all moneys, securities, or the equivalent of money, received by the election agent from the candidate or from any other person in connection with the election. (4) Subject to subsection (6), every return under subsection (1) shall be in Form K of the Schedule and shall be sworn to before a Magistrate by the agent by whom it is made. (5) (a) Every return under this section shall be supported by a declaration sworn to before a Magistrate by the candidate, stating that— (i) the return fully and accurately sets out all payments made by him; and (ii) to the best of his knowledge, information and belief, the return is a full and accurate return of all expenditure incurred, and of all moneys, securities or the equivalent of money received by the election agent, in connection with the election. (b) Subparagraph (ii) shall not apply where a candidate acts as his own agent. (6) Where a candidate acts as his own agent, the form referred to in subsection (4) shall be modified in the manner shown on the prescribed form. (7) (a) The returning officer shall, within 10 days after he receives a return under this section, give public notice of the time and place at which the return and the documents supporting can be inspected. (b) In Rodrigues, the notice shall be published by affixing copies at such conspicuous places in Rodrigues as the returning officer thinks fit. (8) Any candidate or election agent who fails to comply with this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees. [S. 56 amended by s. 44 (e) of Act 18 of 2016 w.e.f. 7 September 2016.]

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