Section 168 in The Jammu and Kashmir Representation of the People Act, 1957
168. Power to make rules.
(1)The Government may, after consulting the [Election Commission] [Substituted by Act XXVI of 1960 for 'Election Commissioner'.], by notification in the Gazette, make rules for carrying out the purposes of this Act.(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a)the particulars to be entered in the electoral rolls;(b)the preliminary publication of electoral rolls ;(c)the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;(d)[ Omitted.] [Clause (d) omitted by Act IX of 1966.](e)the manner in which notices of claims or objections shall be published;(f)the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;(g)the final publication of electoral rolls;(h)the revision and correction of electoral rolls, and inclusion of names therein;(i)the duties of Presiding Officers and Polling Officers at polling stations;(j)the checking of voters by reference to the electoral roll;(k)the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability;(l)the manner in which Votes are to be given by a Presiding Officer, Polling Officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vote;(m)the procedure to be followed in respect of the tendered vote by a person representing himself to be an elector after, person has voted as such elector;["(mm) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;".] [Inserted by Act I of 2002, (Section 3).](n)the procedure as to voting to be followed at elections held in accordance with the system of proportional representation by means of the single transferable vote;(o)the scrutiny and counting of votes including cases in which a recount of votes may be made before the declaration of the result of the election;["(oo) the procedure as to counting of votes recorded by means of voting machine;"] [Inserted by Act I of 2002, (Section 3).](p)the safe custody of voting machines ballot boxes, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;(q)any other matter required to be prescribed by this Act.(3)[ Every rule made under this Act shall be laid as soon as may be after it is made before each Houses of the Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree that the rule should be either modified or annulled, the rule shall thereafter have effect only in such modified form or be of no effect, as the case be; so however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.] [Inserted by Act I of 1962.]
