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(1) Every candidate at an election shall,
either by himself or by his election agent, keep a separate and correct account of all expenditure in
connection with the election incurred or authorised by him or by his election agent between 1[the date on which he has been nominated] and the date of declaration of the result thereof, both dates inclusive.
2[Explanation 1.For the removal of doubts, it is hereby declared that
(a) the expenditure incurred by leaders of a political party on account of travel by air or by any
other means of transport for propagating programme of the political party shall not be deemed to be
the expenditure in connection with the election incurred or authorised by a candidate of that political
party or his election agent for the purposes of this sub-section;
(b) any expenditure incurred in respect of any arrangements made, facilities provided or any other
act or thing done by any person in the service of the Government and belonging to any of the classes
mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as
mentioned in the proviso to that clause shall not be deemed to be expenditure in connection with the
election incurred or authorised by a candidate or by his election agent for the purposes of this
sub-section.
Explanation 2.For the purposes of clause (a) of Explanation 1, the expression leaders of a political
party, in respect of any election, means,
(i) where such political party is a recognised political party, such persons not exceeding forty in
number, and
(ii) where such political party is other than a recognised political party, such persons not
exceeding twenty in number,
whose names have been communicated to the Election Commission and the Chief Electoral Officers of
the States by the political party to be leaders for the purposes of such election, within a period of seven
days from the date of the notification for such election published in the Gazette of India or Official
Gazette of the State, as the case may be, under this Act:
Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as
the case may be, in clause (ii) dies or ceases to be a member of such political party, by further
communication to the Election Commission and the Chief Electoral Officers of the States, substitute new
name, during the period ending immediately before forty-eight hours ending with the hour fixed for the
conclusion of the last poll for such election, for the name of such person died or ceased to be a member,
for the purposes of designating the new leader in his place.]
(2) The account shall contain such particulars, as may be prescribed.
(3) The total of the said expenditure shall not exceed such amount as may be prescribed.
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1. Subs. by Act 40 of 1975, s. 6, for certain words (w.e.f. 6-8-1975).
2. Subs. by Act 46 of 2003, s. 4, for the Explanation (w.e.f. 11-9-2003).