Amendment status not verified — confirm the current text below against the official source.
If any person is guilty of any such corrupt practice as is specified below or in connection with an election, he shall, on conviction, be punished with fine which may extend to five hundred rupees the hiring or procuring whether on payment or otherwise, any vehicle, or vessel by a candidate or his agent or by any other person with the consent of a candidate or his agent, or the use of such vehicle or vessel for the free conveyance of any voter ( other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act ; Provided that the use of any public transport vehicle or vessel or railway carriage by any voter at his own cost for the purpose of going to or corning from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. Explanation : In this clause the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise whether used for the drawing of other vehicles or otherwise. 13 7. No court shall take cognizance of an offence punishable under clause (a) of sub-section (2) of section 130 unless there is a complaint made by an order of or under authority from the Deputy Commissioner. Penalty or illegal hiring or procuring of conveyance at election. Prosecution in certain offences. CHAPTER-VIII FINANCE COMMISSION 13 8. ( 1) The Governor shall as soon as may be within one year from the commencement of this Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Zilla Parishad, [***] and the Gram Panchayats and to make recommendation to the Governor as to :- (a) the principles which should govern- (i) the distribution between the State and Zilia Parishad, [***] and the Gram Panchayats of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them under this Act and allocation between the Zilla Parishads, [***] and Gram Panchayats of their respective shares of such proceeds ; (ii) the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropriated by the Zilla Parishads, the [***] and the Gram Panchayats; (iii) the grants-in-aid to the Zilla Parishads, the [***] and the Gram Panchayats from the consolidated Fund of the State; (b) the measures needed to improve the financial position of the Zilla Parishad, [***] and the Gram Panchayats; or ( c) any other matte referred to the Finance Commission by the Governor in the interest of sound finance of the Zilla Parishads, [***] and the Gram Panchayats. (2) The Finance Commission shall consist of one or more members of whom one shall be the Chairman. (3) The Chairman or members of the Finance Commission shall possess such qualification and shall be appointed in such manner as may be prescribed. ( 4) The Finance Commission shall determine its procedure. (5) The Chairman or a member of the Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in office until his resignation is accepted by the Governor. ( 6) The casual vacancy created by the resignation of the Chairman or a member under subsection (5) or for any other reason may be filled up by fresh appointment and the Chairman or the member so appointed shall hold office for the remaining period for which the Chairman or the member in whose place he was appointed would have held office. Finance Commission for Panchayat. (7) The Finance Commission shall have the following powers in the performance of its functions, namely- (a) to call for any record from any officer or authority; (b) to summon any person to give evidence or produce any record; and (c) such other powers as may be assigned to it by the Governor. (8) The Governor shall cause every recommendation made by the Finance Commission under section, together with an explanatory memorandum as to the action taken thereon to be laid before the State Legislature. CHAPTER-IX MISCELLANEOUS