Power to make rules

Section 28 of the Representation of the People Act, 1950 deals with power to make rules. The Central Government may, after consulting the Election Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. The Act came into force on 12 May 1950.

(1) The Central Government may, after consulting the Election Commission, by notification in the Official 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:

¹[(a) the determination of ordinary residence under sub-section (7) of section 20;

(aa) the particulars to be entered in the electoral rolls;]

(b) the preliminary publication of electoral rolls ²* * *;

(c) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;

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(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;

⁴[(h) the revision and correction of electoral roll and inclusion of names therein;]

⁵[(hh) the procedure for proper verification of facts for amending, transposing or deleting any entry in the electoral rolls, under section 22;

(hhh) the procedure for proper verification of facts for inclusion of or striking off, names in the electoral rolls, under sub-section (2) of section 23;]

⁶[(hhha) the authority and the form and manner of intimation of Aadhaar number under sub-section (5) of section 23;

(hhhb) the sufficient cause and furnishing of alternate documents to be provided by the individual under sub-section (6) of section 23;]

(i) any other matter required to be prescribed by this Act.

⁷[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to be validity of anything previously done under that rule.]

Section 28, The Representation of the People Act, 1950 (Act 43 of 1950).