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Union of India - Section

Section 16 in The Sikh Gurdwaras Board Election Rules, 1959

16. Deposits. -

(1)On or before the date appointed for the nomination of candidates, each candidate shall deposit or cause to be deposited with the returning officer in the treasury or a sub-treasury of Reserve Bank a sum of [one thousand] [Substituted for [one hundred] by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] rupees and no candidate shall be deemed to be duly nominated unless such deposit has been made :Provided that not more than one such deposit need be made by any candidate in respect of his candidature for any one constituency :Provided further that where the candidate is a member of the Scheduled Castes the amount to be deposited by him or on his behalf shall be [five hundred rupees] [Substituted for [rupees fifty] by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.].
(2)If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature in the manner and within the time specified in the rule 20, except sub-rule (2) thereof, or if the nomination of any such candidate is rejected, the whole deposit shall be returned to the person by whom it was made.
(3)If a candidate by whom or on whose behalf the deposit has been made withdraws his candidature within the time specified in sub-rule (2) of rule 20, three-quarters of the deposit shall be returned to the person by whom it was made and the remaining one-quarter shall be forfeited to the State Government.[Explanation. - In this sub-rule and in sub-rules (5) and (6) the expression "State Government" means the Government of the State in which the candidate concerned is registered as voter.] [Explanation added by Central Government Notification dated 26.7.1978.]
(4)If a candidate by whom or on whose behalf the deposit has been made dies before the commencement of the poll, the deposit, if made by him, shall be returned in full to his legal representative or, if not made by the candidate, shall be returned in full to the person by whom it was made.
(5)If a candidate by whom or on whose behalf the deposit referred to in sub-rule (1), has been made is not elected and the number of votes polled by him does not exceed [one sixth of the total number of valid votes polled] [Substituted for the words 'one-eighth of the total number of votes polled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] or, in the case of a constituency returning, more than one member, [one sixth of the total number of valid votes polled] [Substituted for the words 'one-eighth of the total number of votes polled' by Central Government Notification No. G.S.R.278(E) dated 4.4.2002.] divided by the total number of members to be elected in the constituency concerned, the deposit shall be forfeited to the State Government.Explanation. - For the purpose of this sub-rule the number of votes polled shall be deemed to be the number of ballot-papers, other than rejected ballot papers, counted.
(6)If a candidate by whom or on whose behalf the deposit, referred to in sub-rule (1), has been made is elected or is not elected, the deposit shall, if it is not forfeited under sub-rule (5), be returned to the candidate or to the person who has made this deposit on his behalf, as the case may be, after the publication of the result of the election in the Official Gazette :Provided that if a candidate is duly nominated at a general election in more constituencies then one, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the State Government.