P.U. (A) 164.

 

 

ELECTIONS ACT 1958

 

ELECTIONS (CONDUCT OF ELECTIONS) (AMENDMENT)

REGULATIONS 2006

 

 

IN exercise of the powers conferred by section 16 of the Elections Act 1958 [Act 19], the Election Commission, with the approval of the Yang di-Pertuan Agong, makes the following regulations:

 

Citation

 

1. These regulations may be cited as the Elections (Conduct of Elections) (Amendment) Regulations 2006.

 

 

Amendment of regulation 5

 

2. The Elections (Conduct of Elections) Regulations 1981 [P.U. (A) 386/1981], which are  referred to as  the "principal Regulations" in these Regulations, are amended in regulation 5­

 

            (a) in subregulation (1)­

(i) by deleting the words "in legal tender" wherever they appear

 in the subregulation; and

 

(ii) by inserting after the words "State Legislative Assembly" the words "in cash, bank   draft or  any other form as may be determined by the Election Commission";

 

(b) in subregulation (2)­

(i) by substituting for the words "legal tender" the words "the

                   deposit paid under subregulation (1)"; and

 

(ii) by substituting for the words "sum" the word "deposit"; and

 

 

(c) by inserting after subregulation (7) the following subregulations:

"(7A) The deposit which is not forfeited under subregulation (7) shall be claimed by the candidate or a person on his behalf within one year from the date of publication of the result of the election in the Gazette.

(7B) Arty deposit which is not claimed within the period specified in subregulation (7 A) shall be forfeited.".

 

 

 

 

Amendment of regulation 11

 

3. Regulation 11 of the principal Regulations is amended­

(a)  in subregulation (5), by substituting for the words "cause to be published in the Gazette and also in such manner as he thinks fit a notice" the words "give, in such manner as he thinks fit, a notice to the public"; and

 

(b) by inserting after subregulation (5) the following subregulation:

                              "(5A) A notice referred to in subregulation (5) shall as soon as

practicable be published in the Gazette.";

 

 

 

Amendment of regulation 15

 

4. Regulation 15 of the principal Regulations is amended­

(a) in subregulation (2), by substituting for the words "notification in the Gazette" the   words "notice in such manner as may be determined by the Election Commission,"; and

 

(b) by inserting after subregulation (2) the following subregulation:

 

"(2A) Notice referred to in subregulation (2) shall as soon as practicable be published in the Gazette.".

 

 

Amendment of regulation 19

 

5. Subregulation 19(3) of the principal Regulations is amended by substituting for the words "The number of the voter shall be written on the counterfoil of the ballot paper and the" the words "The ballot".

 

 

 

Amendment of regulation 25

 

6. Regulation 25 of the principal Regulations is amended by substituting for subregulation (13) the following subregulations :

 

"(13) Where the 'difference between the number of votes cast for the leading candidate and the number of votes cast for the next leading candidate is four per centum or less of the total number of votes cast; then upon the application of either any candidate or of his election agent or counting agent a recount shall be made once only before the presiding officer carry out the proceedings set out in subregulation (12):

 

Provided that the recount shall not take into account rejected ballot papers and spoilt ballot papers.

 

 (14) The presiding officer may in his discretion order a recount to satisfy himself as to the correct result of the voting.".

 

 

 

Amendment of regulation 25B

 

7. Subregulation 25B(4) of the principal Regulations is amended by deleting the words "new".

 

 

 

Amendment of regulation 25D

 

8. Regulation 25D of the principal Regulations is amended by deleting subregulation (5B).

 

 

Amendment of regulation 25E

 

9. Regulation 25E of the principal Regulations is amended­

 

(a)   in paragraph (1)( d), by substituting for the words "for a period of six months from the date of the poll and there after shall cause them" the words "until the expiration of the period specified for the presentation of an election petition under subsection 38( 1) of the Election Offences Act 1954 and there after shall cause the contents of the special box or boxes";

(b)   in subregulation (2), by substituting for the words "for a period of six months in safe custody from the date of the poll" the words "in safe custody until the expiration of the period specified for the presentation of an election petition under subsection 38(1) of the Election Offences Act 1954"; and

(c)    by inserting after subregulation (2) the following subregulations:

"(3) Notwithstanding paragraph (1)(d) and subregulation (2), no­

(a) the contents of the special box or box; and

(b) packets, statements and envelope,

 

shall be destroyed if an election petition has been presented against the result of an election involving the special box or boxes and the contents of the special box or boxes or the packet, statement and envelope:

 

(4) The special box or boxes and the contents of the special box or boxes and the packet, statement and envelope shall be retained in the safe custody of the returning officer or the State Election Officer, as the case may be, until the completion of the trial of the election petition and its appeal.".

 

 

 

 

 

Made 3 May 2006

[SPR(S)509/l; PN(PU2)I78c/LX]

 

 

By direction of the Election Commission

 

 

DATUK HAJI KAMARUZAMAN BIN HAJI MOHD NOOR

Secretary

 Election Commission Malaysia

 

 

[To be laid before the Dewan Rakyat pursuant to section 17 of the Elections Act 1958]                                                .

 

 

 

 

 

 

 

 

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