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VI
PART
VII
MISCELLANEOUS
47. Notwithstanding anything to the contrary
contained in any Exemptions law relating to
stamp duty, no stamp duty shall be charged
upon any affidavit, declaration or oath made
for the purposes of this Act.
Exemptions
from stamp duty
48.Whenever
a person has become subject to any incapacity
under this Act by reason of a conviction or by
reason of any declaration or report of any
court, and any witness who gave evidence
against such person upon the proceeding for
such conviction declaration or report is
convicted of perjury in respect of that
evidence, such person may apply to the High
Court which, if satisfied that the conviction,
declaration or report, so far as it concerns
that person, was based upon perjured evidence,
may order that his incapacity shall from that
time cease, and the same shall cease
accordingly.
When
incapacity may be removed
49.No
person who has voted at an election shall in
any proceedings, whether brought under this
Act or otherwise, be required to state for
whom he has voted.
No
person required to state how he voted
50.
Upon any charge of a corrupt practice or an
illegal practice, or any other offence against
this Act, alleged to have been committed at or
in connection with an election, the
certificate of returning officer that the
election mentioned therein was being or had
been held shall be sufficient evidence of the
fact that such election was being or had been
held.
Evidence
as to holding of election
51.
No misnomer or any inaccurate description of
any person or place in any register, list,
nomination paper, notice or other document
required for the purpose of this Act shall
affect the full operation of the document in
respect to that person or place in any case
where the description of the person or place
is such as to be commonly understood
Validation
of certain documents
52.
Notwithstanding anything to the contrary in
this Act, the following provisions shall have
effect in relation of election to be held in
1991 under subsection (I) of section two:
Transitional
provisions in respect of elections in 1991
(a)
where the Minister makes an order under the
Local Government Act altering the area of a
councilor declaring that any area shall cease
to be a municipality or a township or a rural
area, as the case may be or altering the
number of elected councillors of any council,
and order made prior thereto under subsection
(I) of section ten shall cease to have effect
in relation to any such area or council;
(b) Where the Minister makes an order referred
to in paragraph (a) in respect of any area or
council, any order made prior thereto under
subsection (1) of section nine shall cease to
have effect in relation to such area or
council;.
(c) Where the Minister makes an order referred
to in paragraph (a) in respect of any area or
council, the Commission shall, after such
consultation with such other authority as it
may consider necessary or desirable, exercise
its powers under section ten in relation to
such area or council in conformity with, and
in such manner as may be necessary to give
effect to the provisions of, the said order of
the Minister;
(d) where the Minister makes an order referred
to in paragraph (a) in respect of any area or
council, no order shall be made by the
President under subsection (1) of section ten
in respect of such area or council until the
Commission has exercised its powers in
relation to such area or council as provided
in paragraph (c);
(e) where the Minister makes an order referred
to in paragraph (a) in respect of any area or
council, the foregoing provisions shall have
effect in relation to such area or council as
from the date of publication of the order in
the Gazette and, notwithstanding that such
order is expressed to come into operation at a
late date, any order made by the Commission
under section nine as provided in paragraph
(c) and any order made by the President under
section ten as provided in paragraph (d) in
relation to such area or council prior to such
later date shall be considered to have effect
as from the date of publication thereof in the
Gazette;
(f) where the Minister makes an order referred
to in paragraph altering the area of a
council, any reference in this Act a council
to all, for the purposes of this section and
as from the date of publication of the order
in the Gazette, be deemed to included a
reference to a council as so altered;
(g) where the Minister makes an order referred
to in paragraph declaring that any area shall
cease to be a municipality or a township or a
rural area, any reference in this Act to a
council shall, for the purposes of this
section and as from the date of publication of
the order in the Gazette, be deemed not to be
a reference to the council for such
municipality or township or rural area, as the
case may be.
Cap.
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