Worker Participation (State Enterprises) Act, 1977

Conduct of elections.

9.—(1) Subject to the provisions of this Act, elections shall be held in accordance with regulations made by the Minister and regulations under this section may apply—

(a) generally to elections,

(b) to elections which relate to a particular designated body or particular such bodies specified in the regulations, or

(c) to a particular election or to particular elections so specified.

(2) Regulations under this section shall be made by the Minister only after consultation with,

(a) the Minister of State or every Minister of State, as may be appropriate, who as regards a designated body to which the regulations are to apply is the appropriate Minister, and

(b) the designated body or every designated body, as may be appropriate, to which the regulations are to apply.

(3) Where an election is contested, the poll shall be taken by secret ballot and according to the principle of proportional representation.

(4) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision for all or any of the following matters in relation to elections:

(a) nominations,

(b) withdrawal and death of candidates,

(c) procedure when no candidate stands nominated,

(d) the determination of the number of candidates which pursuant to section 11 of this Act may be nominated at elections by bodies which are qualified bodies for the purposes of that section,

(e) the form of the ballot paper to be used,

(f) the time for and manner of applying for the issue of nomination forms and the time for and manner of issuing such forms,

(g) the particulars to be contained in ballot papers,

(h) the manner of completing and subscribing nomination forms and ballot papers,

(i) the procedure for,

(i) ascertaining the bodies entitled in any election year to nominate candidates under section 11 of this Act,

(ii) ascertaining the persons entitled to have their names entered on a list of electors, and

(iii) establishing the identity of persons proposing persons for nomination as candidates at elections, of persons voting in any preliminary or other poll under this Act and of persons so proposed,

(j) the taking and receiving of statutory declarations in relation to the identity of—

(i) persons voting at the taking of preliminary or other polls under this Act, and

(ii) persons so proposed for nomination,

(k) the period or periods during prescribed hours (which period or the aggregate of such periods shall not be less than twelve hours) during which preliminary or other polls at elections shall be held,

(l) the time for and the manner of issuing ballot papers, whether by post or otherwise, to persons having votes,

(m) the manner in which notice of the following is to be given, namely, the time or times and place or places at which—

(i) ballot papers will be issued,

(ii) a poll will be taken,

(iii) inspections pursuant to section 10 (5) of this Act may be made,

(n) the persons by whom the nomination forms and ballot papers shall be issued,

(o) the time for and manner of sending completed nomination forms and ballot papers (other than postal ballot papers) issued at an election to the returning officer,

(p) the time for and manner of sending postal ballot papers issued at an election to the returning officer or to someone duly authorised to receive them on his behalf,

(q) the maintenance of secrecy of voting,

(r) the scrutiny of ballot papers by the returning officer,

(s) the time within which and the manner in which a person authorised to receive postal ballot papers on behalf of the returning officer is to return the ballot papers to the returning officer,

(t) the custody of ballot papers and the manner in which, after the election, they are to be disposed of,

(u) the time for and manner of counting votes,

(v) the rejection of ballot papers and the disallowance of votes by the returning officer,

(w) as regards each designated body, the separate preparation and maintenance of a single list of the names of persons entitled to vote at elections relating to the body (which list is in this Act referred to as the “list of electors”), and the manner in which such list is to be available for inspection by employees of the body,

(x) any other matter relating to the conduct of elections.