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Section 40

If ane .

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40. If ane . ma r is &&%%f&%% Member of Parliament or the State Legislature, then at the expiration of fourteen days from the date of publication in the Gazette of India or the Official Oszcm, as the mse may be, of the declaration that bhhf h bi he y , been so chcrsan the seat of such member in the Gend Councrf, shall become vacant unless . h he has previousty resigned his sent in the Parliament or the State Legislature. . .- Diutea wag e!M!@? M!@- .& ;>A 'g, *. % '41. (1) No election &dl be called in question except by w election petition pasented in such manner x may be pmeribed and befm such authority as may be appointed by the Government, from time o ma i2 rqsior : "-"to .,. t.,. time by notification in the Official Gazette: Rovided that no pon below the rank of District Judge, within fie meaning of Ankle 236 of the Consthation, slmll be appointed for the PP"=. (2) N t PP. (2) No etecth shaU be called in question except on any one or more of the following grounds. namely:- (3 d -rv ' ' y (3 7Iw an the date of his election the retd adidate was not qualified or diiqudified, to be chosen to fin the seat in thc €3mcfd Cormcit, us the case may be. (b) That camrpr pcrrctice b been comm () ;* %7iltra..i 1 %d by - -'-..-thc €3mcfd Cormcit, us the case may be. (b) That camrpr pcrrctice b been committed , &&on agent fk~~t-a+') b ol B By my othar pa~~i WB the consent of @idthil& the p @idate or his el&m agent. x: :%. -.i L : . 5i: . -mi ~ ~ L. For the purpe& at &is -elawe, 60rrupt practice Central ahall meanany af ths ixmupt practice specified in Act 43 of .section 123 of the Kepmmtat~ of Peoples Act, 1951 1951 .. y .+?= @&@~r.r.xpl.. &&** ';r .- -& ;$'a LC:> - -- other than his election agent, or Powm to make rulor regulrtilq the ckdion of tbc merabm * 5: is 3dl Cl i? K!t, Id ?IT, ' : ;: ,. ;: , G;!4r'.9,rl~l The Government .may, by notification in the Official Ci make rules to regulate all or any of the folkwing maws, for he purpose of holding election to tfie Genertil Council under this Act:- # 2 (a) The Thedeafgnation af the officer m authority to whom the power to determine the territorial 1 i limits of the mtifumcies under section 30 may be delegated, and maintain the electoral ' roll under section 32. (b) Zhe appaiatmcnt of returning officers, presiding officers and Polling OfXcers for Election. (c) The drawing up of programme for election. (d) The nomin&km of candidates and securitv of nominations, (e) The deposits to be made by the candidates and the time and manner of making such deposits, (f) Withdrawal of Candidature. (g) Appointment of agents of candidates. (h) The filling up of casual vaclmcies. (i) The general procedure at the election including the time, place and hours of poll and the methods by which votes shall be cast. (j) The fee to be paid on election petition. (k) Any other mtter relating to election or election disputes in respect of which the , Government deems it necessary to make rules under this section or in respect of which there is no provisian in this Act or the provision is imufMmi ond in the opinion of ;hc Goadequate prsvision is necessary. sir' CHAPTER - V1 PUNbS, AUDIT AND BUDGET Cenenl Council hnd (1) Thm shall be a fund called General Council Rna b.., I :? - Budge4 , -., - ... 1, -, , v. I ' :. !i. I, 81 : , .. .. ... ,. : 8 .: .~ L, ,; -7, !., . , , - -. . . . d. .'..I- .. ,.:, , i .. .. , , <: ~. ' ~. ,. .. , , 1 SubJedt to t& ,p"irsiqw of the Coiiipir~ller and Central Auditor General's (Duties, Power and Conditions Act Nd. ef Smticci). Az!, I:@'? land zhc des mil the & d by the ms tstlh3 swh -8: (U it mq deem fit. The q Government sball transmit the repoft to the Genepal -fk cYw & Wsdenttion. ThaOcnd~ts?ttiI1.aramrmthe~ntothw Govcrrmwnt ' wSth conMFBMs, if any. The Government sh.n lay ut@-rog)ort along with the cv of the Ciend Council and the Village Councils +fore the stde lqgislature. ' 4% (I) The Qhnersl~Cmfl shall at such time and in gUCh manner rs may be prescribed prepare in ~. , . . , . , .at& Rnaneiel year wbudget of its estimated QXd ditfthflli . y mcsQXs and dis g ents for the following . findel yt&r dit to the Government by 1st No~&~~-tkc.etl~~nt financial year. & ""f.~?z:a k"'$~?:> -#?-3 !'>!l;":.J '.@j m may *in time & .: , ,. ~ . t& budgel or , , .. . . . ral Cqicil concerned, as the - fa on the &,$ &$ ral Cq fa d, as the on the obskations of th6 Govmbment, if any. The O& Cauacn tht &&%mad, shall there-upon ith i , p with its comments on the obser*gtii% >upon kid ;rwch if the approval of the submission or ., ., , nsubmissi~."~~thd C& m may be, is not micei.v& by be &&mi micei.v& by be &&mi Council, the budgct '' hll bdd th%d bh shall be deemed to hpw%een approvcd by the ., Govwntllent. No expenditwe shall be incurred unless the , budget of the General council are either approved or deemed to have been approved by th y j m.&- - & & .- - T - - - Powertohe ia~truh + $6. The Govc-mmeRt Ml haw tire general power to ' issue infrrm time to time for the purpose of irdptcdti'inattion of thfs Act. (a) di . ,+Mic buiw coRStructed or () &nt&d otet 0f.h hl Council Fund; ($) &- ,$&lie marls-. which -have been ned out of the and stones and other also trees, erections, and things prcrvidcd (1) The Goymm my, ifhe is satisfied, on receipt Every rider arede under sub-section (I) above k W WQB the State Legislatun for approvrd d- @nlb(idi approved by the State Mtatbers, Otlirrrr.Ird mpbycbltob ptl-m 1-=w &3:t-&J Y& -?".I; .m?....rl..- Inttrpretptios Removal of dimeultiw issue of the om The cu~tomasy raws and ptocedwes of rhe bt& Community. Sii. Tkc Chbf E'xcawtivc C@n&%it& end the Executive Central Cmmeikmi o be public servants Act No. witkhrthe on 21 of the Indian 45 of P~~ IlW. 1860 &*I. ;- NoJuitor~kgd If any question lirises M .ta iht int~~pretation of this hct or the hcks made thereunder, the same shall be nfknwl to the Government whose dcscIsian tk&n shall be final. If any diffidty arises in giving effed to any provision of thii Act, the Governrncnt may, by ~ ..K! >.; :: ,.., , ~+ , , , .. , : > : -. . I' 1. .- :> .,;;::>h-.;:,. ~.~ S. ICIE~~~YAR LSARUAII, . . . . CoPIlrmrsaaaer & SeQetray to the Gov~~nent ofAssam, kgdatiw DeQartment, Dispur, Guwahati-6.