Section 15
Payment of expenses through election agent
Except as permitted by or in pursuance of this Act, no payment and no advance or deposit shall be made by a candidate at an election, or by any agent on behalf of the candidate, or by any other person at any time, whether before, during, or after such election, in respect of any expenses incurred on account of or in respect of the conduct or management of such election otherwise than by or through the election agent of the candidate; and all money provided by any person, other than the candidate, for any expenses incurred on account of or in respect of the conduct or management of the election, whether as gift, loan, advance, or deposit, shall be paid to the candidate or his election agent and not otherwise:
Provided that this subsection shall not be deemed to apply to any payment by the returning officer or to any sum disbursed by any person out of his own money for any small expense legally incurred by himself, if such sum is not repaid to him.
(2)
A person who makes any payment, advance, or deposit in contravention of this section or pays in contravention of this section any money so provided as aforesaid shall be guilty of an illegal practice.
Prohibition of certain expenses during campaign period 15a. (1) No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account—
(a)
of holding, convening or organizing any open public meeting, open public rally, open public display or open public entertainment or giving open public address or lecture;
Act 5
(b)
of printing or issuing advertisements, circulars or publications; or
(c)
of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate:
Provided that this paragraph shall not—
(i)
restrict publication in a newspaper or other periodical of any matter relating to the election;
(ii)
apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.
(2)
Where a person incurs any expenses required to be authorized by an election agent under subsection (1), he shall within fourteen days after the date of publication of the result of the election in the Gazette send to the election agent a return, accompanied by a declaration made by him (or in the case of an association or body of persons, a director, general manager, secretary or other similar officer thereof) verifying the return and giving particulars of the matters for which the expenses were incurred:
Provided that this subsection shall not apply to any person engaged or employed for payment or promise of payment by the candidate or his election agent.
(3)
The expenses shown in the return referred to in subsection (2)
shall be included in the return made by the election agent in accordance with subsection 23(1), and the authority received from the election agent shall be annexed to and deemed to form part of such return.
(4)
Any person who incurs any expenses in contravention of this section, or who makes any declaration required by subsection (2)
which is false and which he either knows or believes to be false or does not believe to be true, shall be guilty of an illegal practice.
Election Offences 25