Section 16 in The Bihar State Election Authority Act, 2008
16. Power of Government to make rules.
(1)Without prejudice to the power of State Government to make Rules, generally for the purpose of carrying out objects of this Act, the State Government may by issuance of notifications in the gazette, make rules for the following purposes -(a)Regulating procedure of functioning of the election authority;(b)Appointment, discipline and appeal and condition of service of employees and staff of the authority;(c)Appointment, power and jurisdiction of observers;(d)Prescribing authority before whom election petition may lie;(e)Procedure including fee for filing election petition;(f)Any other matter, which is necessary or incidental for carrying out of the duties and responsibilities of the Authority.(2)A Rule under this Act may be made with retrospective effect and when such a Rule is made the reasons for making the rule shall be specified in a statement and laid before both Houses of the State Legislature. Subject to any modification made under this Act, every Rule made under this Act shall have effect as if enacted in this Act.(3)In making a Rule under this section the Government may provide that a person guilty of breach thereof shall, on conviction, be punished with fine which may extend to five hundred rupees and where the breach is a continuing one with further fine which may extend to a maximum of twenty five rupees for every day on and after the first day on which the breach continues.
