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Political Parties Rules, 2002

 

 23rd July, 2002

 

In exercise of the powers conferred by Article 19 of the Political Parties Order, 2002 (Chief Executive’s Order No.18 of 2002), the Election Commission, with the approval of the President, is pleased to make the following rules:-

 

1. Short title and commencement (1) These rules may be called the Political Parties Rules, 2002.

(2) They shall come into force at once.

 

2. Definitions (1) In these rules, unless there is anything repugnant in the subject or context-

(a) “Article” means an article of the Order;

 

(b) “Form” means a form appended to these rules;

 

(c) “Order” means the Political Parties Order, 2002 (Chief Executive’s Order No. 18 of 2002); and

 

(d) “Party Leader” means the head of a political party duly elected in accordance with the constitution of the political party and the provisions of the Order by whatever name designated.

 

(2) The words and expressions used but not defined herein shall have the meanings as assigned to them in the Order.

 

3. Political parties to provide printed copy of constitution Every political party –

 

(a) within ten days of its formation; or

 

(b) which is already in existence, within ten days of the publication of these rules in the official Gazette, shall provide to the Election Commission a printed copy of its constitution along with a certificate duly attested by the Party Leader that its constitution is in conformity with the requirements of the Order.

 

4. Submission of statement of accounts Every political party shall maintain its accounts in the manner set out in Form-I indicating its income and expenditure, sources of funds, assets and liabilities and shall, within sixty days from the close of each financial year (July-June), submit to the Election Commission a consolidated statement of accounts of the party audited by a Chartered Accountant, accompanied by a certificate, duly signed by the Party Leader to the effect that no funds from any source prohibited under the Order were received by the party and that the statement contains an accurate financial position of the party.

 

5. Financial transactions within a party All financial transactions within a party shall be entered in the statement of accounts submitted under rule 4.

 

6. Confiscation of prohibited funds Where the Election Commission decides that the contributions or donations, as the case may be, accepted by the political parties are prohibited under clause (3) of Article 6, it shall, subject to notice to the political party concerned and after giving an opportunity of being heard, direct the same to be confiscated in favour of the State to be deposited in Government Treasury or sub-Treasury in the following head of the account:-

“3000000-Deposits and Reserves-B-Not Bearing interest-3500000-Departmental and Judicial Deposits-3501000-Civil Deposits-3501010-Deposits in connection with Elections”.

 

7. Submission of certificate to the Election Commission regarding intra-party elections (1) The Party Leader of each political party under his signatures shall, within seven days of the completion of intra-party elections, submit a certificate to the Election Commission in Form-II specifying that the intra-party elections have been held in accordance with the constitution of the party and the provisions of the Order.

 

(2) The Election Commission shall, after satisfying itself that the certificate fulfils the requirements of Articles 11 and 12 of the Order, publish the certificate including the details of election in the official Gazette.

 

8. Intra-party elections for the forthcoming general elections 2002 Every political party, desirous of taking part in general elections 2002, shall complete its intra-party elections by the 5 th August, 2002 and submit within seven days of intra-party elections, a certificate set out in Form-III that the aforesaid elections have been held in accordance with constitution of such party and the Order.

 

9. Intra-party elections held before commencement of the Order Where a political party has, before the commencement of the Order, completed intra-party elections, it shall, within seven days of the publication of these rules in the official Gazette, submit to the Election Commission a certificate specified in Form-IV to the effect that the intra-party elections were held, as far as possible, in accordance with the requirements of Article 11.

 

10. Scrutiny of political parties’ constitution and information, etc Where the Election Commission is of the opinion that the constitution, other documents and information submitted by a political party is not in conformity with the Order, it shall return the same to the concerned political party for re-submission in accordance with the provisions of the Order.

 

11. Mode of submission of documents The constitution, certificates, documents, etc. to be submitted to the Election Commission, as required under the Order shall be delivered through an office bearer of the party, duly authorized by the Party Leader and shall not be entertained through post, fax, courier service or any other mode.

 

12. General The Election Commission may, from time to time, prescribe such proformae as it may deem necessary for carrying out the purposes of the Order.

 

13. Repeal.- The Political Parties Rules, 1986 are hereby repealed

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