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State of Andhra Pradesh - Section

Section 6 in Andhra Pradesh Farmers Management of Irrigation Systems Rules

6. Deposits.

(1)A candidate desirous to stand for election to the office of the Member, Managing Committee and President of Water Users' Association shall deposit or cause to be deposited a sum of two hundred rupees in any Government Treasury or Bank as may be specified at or before the time of presentation of his nomination paper. No candidate shall be deemed to be duly nominated, unless the deposit as aforesaid has been made : A candidate desirous to contest for the office of the President and also as Member of the Managing Committee of the Distributory Committee shall deposit or cause to be deposited a sum of Rs. 500/- (Rupees five hundred only), and Rs. 300/- (Rupees three hundred only). respectively in any Government Treasury or Bank as may be specified at or before the time of presentation of his nomination paper. No candidates shall be deemed to have been duly nominated unless the deposit as aforesaid has been made.Provided that where a candidate has been nominated in more than one nomination paper, not more than one deposit shall be required to be made.Explanation. - The delivery to the election officer of a receipt from Government Treasury or from one of the branches of the State Bank of India or State Bank of Hyderabad evidencing the payment by or on behalf of a candidate to the credit of Water Users' Association of the amount required to be deposited under this sub-rule shall be deemed to be a deposit of such amount within the meaning of this sub-rule, made by or on behalf of such candidate at the time of such delivery :Provided that where there is no Government Treasury, or a Bank transacting Government business, the security deposit under this sub-rule shall be deposited with the Election Officer and a receipt obtained therefor.
(2)If no nomination paper is received within the time appointed in that behalf, in respect of any person by whom/or on whose behalf the deposit referred to in sub-rule (1) has been made or if the nomination of any such person is rejected, or if he withdraws his candidature in the manner and within the time-specified in sub-rule (l) of Rule 9 the deposit shall be returned immediately to the person by whom it was made, and if any candidate dies before commencement of the poll, any such deposit if made by him shall be returned to his legal representative, if not made by the candidate, shall be returned to the person by whom it was made.
(3)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 valid votes polled to him does not exceed one eighth of the total number of valid votes polled by all the candidates, the deposit shall be forfeited to the Government.
(4)The deposit made in respect of a candidate shall, if, it is not forfeited under sub-rule (2) be returned to the candidate or to the person who has made the deposit on his behalf, as the case may be, within thirty days after publication of the result of election in accordance with Rule 43.
(5)A deposit required to be returned to any person under the proviso to explanation or sub-rule (3) shall, if such person is dead, be returned to his legal representative.
(6)Notwithstanding anything contained in this rule immediately after publication of the result of election, the Election Officer or the person authorised by the District Election Authority in this behalf , shall pass an order as to whether a deposit made under sub-rule (1) shall be refunded or forfeited. The Competent Authority concerned shall within thirty days from the date of publication of the result, return the deposit to the person who made the deposit or to his legal representative when such deposit is refundable. In the case of forfeiture of deposit under sub-rule (2), the election officer shall communicate an order to the person concerned who made the deposit by giving the reasons for such forfeiture.
(7)The amounts received towards election deposit, challenge fee etc., credited to the Water Users' Association fund shall be remitted to Government Account by the Competent Authority concerned after deducting any refunds made to the concerned for any reason provided under these rules.