RULE

BALOCHISTAN LOCAL COUNCILS ELECTION AUTHORITY BALOCHISTAN LOCAL COUNCILS ELECTION AUTHORITY (COMPOSITION, POWERS AND FUNCTIONS) RULES, 1996 [Gazette of Balochistan, Extraordinary, 30th June, 1996] No. 8‑372/92(BLCEA), dated 1‑1‑1996.‑‑In exercise of the powers conferred by section 150 read with section 18 of the Balochistan Local Government Ordinance, 1980 (II of 1980), the Government of Balochistan is pleased to make the following Rules, namely:‑‑ CHAPTER I 1. Short title and commencement.‑‑ These Rules may be called the Balochistan Local Councils Election Authority (Composition, Powers and Functions) Rules, 1996. 2. They shall come into force at once. CHAPTER II 3. definitions.‑‑In these rules, unless the context otherwise requires, the following expressions shall have the meaning, hereby respectively assigned to them:‑‑ (a) Budget' means the Budget of the Election Authority prepared for a financial year and includes revised or supplementary budget of that year; (b) 'Chairman' means the Chairman of the Election Authority; (c) 'Election Authority' means the Balochistan Local Councils Election Authority, appointed under section 18 of the Balochistan Local Government Ordinance, 1980 (II of 1980). (d) 'Funds' means,‑‑ (i) the Government grants for conduct of elections and matters related thereto removed from Public Account with the consent of the higher authority; or (ii) Nomination fee deposited by the candidates contesting election to the seats of Muslims or non‑Muslim or Special Interest Group and Chairman; and (iii) Appeal fee to be recovered from appellant for appeals against acceptance or rejection of nomination or delimitation proposals; (e) ' Government' means the Government of Balochistan; (f) 'Members' means the Members of the Election Authority; (g) 'Ordinance' means the Balochistan Local Government Ordinance, 1980 (II of 1980); (h) 'Secretary' means Secretary of Election Authority. CHAPTER III 4. Composition.‑‑For the purposes of the elections to the Local Councils and matters connected therewith, Government shall constitute an Authority consisting of the following;‑‑ (i) A Chairman who is or has been Judge of the High Court or a person who is in B‑19 or above is or has been in service of Federal or Provincial Government or in Local Authority. (ii) Two members who are or have been in the service of Provincial Government or the Local Authority in B‑18 and above. 5. Notwithstanding anything contained in rule 4, Government may re?constitute the Election Authority after the elections to the Local Councils have been held and the re‑constituted Election Authority may have such number of members and possess such qualifications and experience as the Government may consider necessary. CHAPTER IV 6. Powers and Functions.‑‑The Election Authority shall subject to the provisions of the Ordinance and Rules, regulate its own procedure. 7. The Election Authority may issue such instructions and exercise such powers including the powers to review an order passed by an officer under the Ordinance or Rules and make such consequential orders as it may deem necessary for ensuring substantive Justice that elections and matter connected therewith are conducted honestly, justly and fairly and that corrupt practices are guarded in accordance with the provisions of the Ordinance and the rules. 8. The Election Authority shall have power to issue such directions or orders as may be necessary for the performance of its functions and duties. 9. All decisions of the Election Authority shall be expressed in terms of the opinion of the majority of its members including the Chairman; Provided that the Election Authority may exercise its powers and perform its functions notwithstanding a vacancy in the office of any one of its member or the Chairman or fact that any of its members or the Chairman is, for any reason unable to attend its proceedings and decisions taken by the members present shall have the effect of the decision of the Election Authority. 10. The Election Authority may authorize its members jointly or individually to exercise and perform all or any of its powers and functions under the Ordinance and the rules thereunder and the decisions taken by a member or members shall have the affect of the decisions of the Election Authority. 11. The Election Authority may appoint such Government Officers and Government servants as it thinks necessary for the purpose of performing its functions and duties. 12. The Election Authority either of its own motion or on an application or reference or on a report made in this behalf by any of the party or agency may, at any stage, after such enquiry as it deem fit, is satisfied that any such person has been elected or is acting in contravention of subsection (39) of section 3, and section 21 of the Ordinance or under-mentioned reasons, to be recorded, shall order that such person shall cease to be a member and shall stand to be disqualified for being elected as member for a period of 3 years:‑‑ (i) Such member carry an established business; or have entered into employment for the earning of his livelihood at a distance of 45 KM away from the Headquarter of the Local Council; (ii) Such member is also registered as voter in any area outside the Local Council of which he is member; (iii) Such person for becoming member make or furnish false statement or fraudulently defaces nomination paper, ballot paper and identity Card; (iv) Such member fails to declare, in writing, assests as required under section 25 of the Ordinance; (v) Such member do not take oath as required under section 26 of the Ordinance; (vi) Such member do not resign as required under section 27 of the Ordinance; (vii) Such person took oath to more than one seat of more than one Local Councils: Provided that no such order shall be passed without affording the person concerned an opportunity of being heard. 13. Power of the Authority.‑‑The Election Authority or any member authorised by it to exercise the powers of Authority or the persons or Authority appointed by it for trial of appeals or election petitions under the Ordinance or Rules made thereunder shall have all the powers of a Civil Court under the Code of Civil Procedure (Act V of 1908), under the Ordinance and shall be deemed to be such Court within the meaning of sections 480 and 482 the Code of Criminal Procedure, 1898 (Act V of 1898). 14. Transfer of Application.‑‑The Election Authority either of its own motion or on an application made in this behalf by any of the parties may, at any stage, transfer an election petition from one Tribunal to another tribunal in the Province, and the Tribunal to which the petition is so transferred shall proceed with the trial of the petition from the stage at which it was transferred. CHAPTER V 15. Establishment and Accounts.‑‑The Election Authority shall have its own independent Secretariat and may appoint officers and servants on such terms and conditions and possessing such qualification as it may deem fit, for the purpose of performing its functions under the Ordinance and the Rules. 16. Pay and Allowances.‑‑The pay, allowances and fringe benefits to the Chairman, Member, Officer and Officials of the Election Authority shall be same as, from time to time, allowed to officers and officials of the same grade in Balochistan Secretariat. 17. The Election Authority shall draw up a Schedule of Establishment and may amend it from time to time as may be considered expedient for efficient performance of its functions and conduct of Election. 18. Withdrawal of money.‑‑The withdrawal of money from the funds, shall be through cheque signed by:‑‑ (i) The Officer designated by the Chairman from time to time for the amount exceeding fifty thousand rupees; and (ii) The Secretary for the amount up to fifty thousand rupees. CHAPTER VI 19. Budget.‑‑The budget shall be prepared by the Accounts Officer or in his absence by the Secretary and be placed before the Election Authority which will ensure that is passed on or before 30th June of every year. 20. After approval of the budget by the Election Authority; a copy of the approved budget be sent to the Local Government Department. CHAPTER VII 21. Powers to incur expenditure.‑‑Subject to the provisions in the sanctioned budget the expenditure at a time on single item other than pay and allowances and the travelling allowances of the staff of the Election Authority may be incurred if the amount of the expenditure is:‑‑ (i) Up to five thousand rupees with the approval of the Secretary; (ii) above five thousand rupees but not exceeding fifty thousand rupees with the approval of the Chairman; and (iii) above fifty thousand rupees with the sanction of the Election Authority. 22. The expenditure on account of pay and allowances including Travelling Allowance of the members and staff of the Election Authority shall be incurred with the sanction of Secretary. CHAPTER VIII 23. Executive powers.‑‑The official seal of the Election Authority shall be kept in the custody of the Secretary.