Wednesday, March 04, 2009

Extract for Model Code of Conduct

Set up a daily monitoring arrangements for MCC violations for each AC and ensuredaily reporting to CEO and the Observers in prescribed format - Teams comprising ofpolice and civil officer and videographer for each AC - Remedial measures to be taken(ECI No. 464/G.J.-LA/2007 dt. 6.10.2007)5716.5
Video all major meetings, speeches; Video to be watched very evening and report givento the Observer (ECI instruction 447/2007-PLN IV dt. 17.01.2007)16.6 Political Parties & star campaigners; names to come within 7 days of notification -their movements and expenses to be closely monitored - cases when it will beapportioned to candidate(s)16.7 Helicopter landings to be monitored; parties to give information in advance.
DO's & DONT's - (ECI No. 464/INST./2007-PLN-I dt. 07-01-07)(i)Announcements of new projects etc. concessions /financial grants, promisesthereof, laying of foundation stones etc., are prohibited.(ii) Commissioning of completed schemes without associating political functionariesand without ceremonies permitted.(iii) No fresh sanction of scheme- no fresh release of funds on welfares schemes.(iv) No bar on release of payments for completed works if it is under norms.(v) Relief to people - Prior approval of ECI be taken.(vi) Ban on transfers of all Officers / Official connected with conduct of election.(vii) No appointment / promotion without prior approval of ECI.
16.9 References to Politicians/Ministers on official website- (ECI No. 437/6/2007/Inst./ PLNIII dt. 21-11-07)(i)References to Ministers, politicians or Political Parties on Govt. official website,shall be taken off / purged off.
16.10 Restrictions on presence of political functionaries who is not voter, in theconstituency, when campaign period is over [ECI No. 464/INST/2007/PLN-I dt.8.1.2007 and 27.2.2007] –(i)Office bearer of political party, who is in charge of the state, shall declare hisplace of stay in the State HQ and his movement shall remain confined normallybetween this party office and place of stay.(ii) Premises like community halls etc., be checked to find out outsiders.(iii) Check posts in the constituency border for vehicular movement.(iv) Verify the identity of people/group of people - whether they are voters.
16.11 Regulation of plying of vehicles during campaign period [ECI's No. 437/6/96-PLN-IIIdt. 16.01.1996, No. 464/INST/2007 PLN-I dt. 9.2.07, No. 437/6/97 PLN-III dt. 18.3.97, No.437/6/2007 PLN-III (Vol. III) dt. 16.3.2007; No. 437/6/2006 - PLN-III dt. 12-11-2007 and dt.23.11.2007] -(i)Strict action against vehicles plying in contravention of provisions of MV Act(ii)Close watch on vehicles for any possible mischief or criminal activities carrying ofillegal arms, illicit liquor, and anti-social elements - Such vehicles not to berelease till elections – Penal actions under relevant law also be taken.(iii)Vehicles for campaign purpose may ply only with prior approval of RO - Originalpermits bearing number of vehicle and name of candidate be displayedpremonitory on wind screen of vehicles - Details to be given to ExpenditureObserver(iv)Vehicle not registered for campaigning if found being used for campaigning shallbe deemed to be unauthorized campaigning for the candidate - Action for suchactivity be taken u/s 171H of IPC also.(v)During filing of nominations upto 3 vehicles be allowed to come within theperiphery of 100 meters of RO/ARO office - Expenditure will be included inaccount.(vi)In case visits by party leader as covered U/S 77 (1) (a) the permits of vehicles forroad journey be issued centrally by CEO in different color - expenditure to beproportionally distributed (ECI No. 437/6/2007Vol.IV/PLN-III dated 16-10-2007 and No.437/6/INST/2008-CC&BE dt. 31.10.2008)(vii) Convoys of more than 3 vehicles (excluding security vehicles in view of securitygradation of PP) not to be allowed from the date of notification till completion ofelection - Bigger convoys be broken up keeping a minimum distance of 200meters(viii) Now there is no restriction on number of vehicles in a convey on the road duringthe period of election campaign by "leaders" as covered u/s 77(1) [ECI's No.437/6/ INST/2008-CC&BE dt. 31.10.2008](ix) Bicycle, Two wheelers or cycle rikshaw is also a vehicle u/s 160 of RP Act 1991.
(x)Only one flag/banner/poster/placard be allowed on one vehicle duringprocession.
16.12 Use of videography and digital camera during elections process - (ECI No. 447/2007/PLN IV dt. 17.1.2007 and dt. 12.10.2007 and No. 4/2008/SDR dt. 15.12.2008)(i)R.O to make arrangement of videography of critical events during electioncampaign day of poll, counting etc..(ii)Video teams under supervision of Senior Officers - The private videographers tobe properly sensitized and be easily identified.(iii)Critical events only which are likely to vitiate the poll, to be video taped - Viz -Meetings, violent incidents, booth capturing, intimidation of voter, inducement/bribery of voters, canvassing within 100 meters of PS, vulgar display ofexpenditure, cutout/hoardings, movement/activities of candidates with criminalsrecords, critical PS, nominations/ scrutiny/withdrawal etc, preparation of EVMs,closure and opening of strong rooms, counting process etc.(iv)Video films to be viewed by R.O. immediately - corrective actions by R.O - Incases of serious infringement copy of video tape accompanied by a brief note byR.O., be sent to ECI / observers.(v)Unedited videographic clippings/ cassettes/ CD's will be handed over toObservers on the same evening or latest by morning of next day - Certificate to bealso furnished.(vi)CDs of all critical events should be made available on reasonable cost to everyonewhoever intends to obtain a copy of the same.
16.13 Video/digital photography of proceedings inside the PS (ECI's No. 447/2007/PLN-IVdt. 17.1.07) -(i)In particular cases, as directed by ECI, photography of voters in identifiedarea/AC/PSs.(ii) Faces of all electors, should be in same sequence as in Form 17-A - Special careabout faces of voters not having EPIC or ECI approved photo-I cards.60(iii)Critical events in and around the PS also to be captured - viz - mock poll andsealing of EVM, positioning of voting compartment, presence of polling agents,last voter in queue at the close of poll - visits of SO, etc.,.(iv) Digital camera be issued by DEO to trained officers, - After poll such officer willgive a certificate.(v) Separate counter for depositing camera/ CD/ DVD/ cassettes and the certificate.(vi) Downloading of data be arranged - Video cassettes to be treated as part ofelection record.(vii) Training be imparted to such officer also.(viii) Video cassettes / CD/ DVDs duly indexed will be kept in the custody of DEO asother election records.(ix) Locking seals of cassettes will be kept intact.(x) Inspection and certified copy of print of video cassette - as per direction of ECIand on payment fixed by ECI.
16.14 Prevention of defacement of property (ECI's No. 3/7/2008/JS II dt. 07.10.2008 and10.11.2008) -(i)Defacement of Public Places —(a)No defacement in any form (wall writing, banners, posters, flags, hoardingsetc.,) be permitted on Government premises.(b)Writing of slogans displaying of posters etc, erecting cutouts, hoardings,banners, advertisement only in any public place specifically identifiedfor such purposes be allowed strictly as per local laws - Equal opportunityto candidates/political parties.(c)If specifically earmarked places are already let out to any agency, the DEOthrough municipal authorities should ensure equitable opportunity tocandidates/political parties.(ii) Defacement of Private Places —(a)Not to be permitted on private places, if the local law do not permit evenwith consent of the owner.(b)Where local law has express provisions permitting wall writings, posters,banners, hoarding etc on private premises the written permission of the61owner is must - Photocopies of the same shall be submitted by thecandidate with a statement in prescribed format, to the RO within 3 days -Expenditure to be accounted for. However, expenditure incurred on partycampaign without indicating any candidate shall not be added tocandidate's expenditure.(c)In areas where there is no law on defacement of private property, temporaryand easily removable campaign material like flags and banners would bepermitted with written permission of the owner. Copy of the same is to besubmitted to the RO.(iii)Other issues —(a)In case of violation of legal provisions relating to prevention of defacement ofproperty penal action to be taken.(b)Displaying of flags and stickers on private vehicles - If it aims to solicit votefor a candidate, then provision of S. 171-H IPC would be attracted.(c)No poster/flag/campaign material be displayed on commercial vehicles,except in case of vehicles permitted for electioneering (Action u/s 171-H ofIPC).(d)External modification / fittings including loudspeakers, in contravention ofM.V. Act, not to be allowed on vehicles.(e)Educational institutions (including grounds) not to be used forcampaigning/rallies.
16.15 Tours of Ministers (ECI's No. 437/6/96 PLN.III dt. 17.1.1996; No. 437/6/99 PLN-III dt.15.7.1999; No. 464/INST/2007 - PLN-I dt. 7.1.2007 and No. 437/6/2007/ PLN-III dt. 23.11.2007)-(i)Official visits and political activities/electioneering not to be combined.(ii) Tours of Union Ministers - They may visit on purely official business after letter ofcertification by Secretary of department/ ministry - Govt. vehicles,accommodation and due courtesies be given for such official trip.(iii) Tours of Ministers of State Government -1. No Minister shall undertake an official visit.2. Election related officers not to be summoned by Minister.623. Only exception is Minister in charge or CM in case of failure of law and orderand occurrence of natural calamity4. Minister entitled for official vehicles at HQ from their residence to offices forofficial work only and not for any political activity.5. During electioneering visit, no pilot cars or car with beacon lights or car affixedwith sirens be used, even if the minister has been granted security cover -Official staff of Minister not to accompany with minister during electioneering.
16.16 Accommodation in Government Guest Houses etc., (ECI No. 437/6/2006-PLN-III (Vol.II)dt. 1.4.2006) -(i)Accommodations in the Guest Houses / Rest Rouses of Govt. or PSUs can begiven to political functionaries who are provided security cover in Z scale orabove, on equitable basis.(ii) No political activities while staying in such guest houses etc.,.
16.17 Misuse of official vehicles (ECI No. 437/4/96-PLN-III dt. 15.1.96, No. 437/6/96-PLN-III dt.9.4.1996, No. 437/6/97 PLN-III dt. 18.3.97 and No. 464/INST/2007 - PLN-I dt. 7.1.07 and No.437/6/2008/CC&BE dt. 19.10.2008) -(i)Total restrictions on the use of vehicles such as helicopters, aircraft (except PM),cars, jeeps, etc.(ii)Use of official vehicles by Ministers, even on payment for electioneering purposesincluding by adopting the official work has been totally prohibited. The onlyexception will be the Prime Minister and other political personalities who requiresecurity of high order. In respect of persons covered by security, the use of Stateowned one bullet proof vehicle will be permitted if security agencies haveprescribed such use.(iii)Official vehicle means vehicles belonging to Central Govt., State Govt., Public /Joint Sector under takings of Central or State Govt., Local bodies, PRIs and anyother body in which any public funds are invested.(iv)Functionaries of autonomous organisations may use the official vehicle only forcommuting between office and residence and to attend any official meeting withinHead Quarters itself (ECI No. 437/6/2008/CC&BE dt. 19.10.2008)63(v)Close watch by district administration.(vi)Vehicles found being misused, may be confiscated forthwith.
16.18 Security covers to Ministers and political personalities (ECI No. 437/6/96- PLN-III dt.9.4.96; No. 437/6/98 PLN-III dt. 18.8.99; No. 4/2001/JS II dt. 30.3.2001 and No. 437/6/2007 PLN-IIIdt. 24.10.2007) -(i)Security covers as per threat perception assessed by Govt. agencies.(ii)Absolute ban on the use of State owned aircraft or helicopters propelled at Statecost or hired at State cost for any reason including security (except P.M.).(iii)State owned one bulletproof vehicle be permitted where the security agencieshave prescribed such use. Stand-by vehicle not to be permitted unless sospecifically prescribed by security authorities.(iv)Propulsion charges of bulletproof vehicle will be borne by the Government andnot by the PP.(v)Carcade will be strictly in accordance with security norms. Propulsion charges ofsuch security vehicles and cost of man power will be met by State Govt.(vi)Political functionaries of other states (other than Z+ and SPG protects for whomapproved guidelines exist) will not be permitted with private security vehicles orsecurity guards - They will be permitted to come with their PSOs as per X, Y andZ category entitlement. (ECI's No. 464/RJ-LA/2008 dt. 20.11.2008)
16.19 Conduct of Government Servants (ECI No. 62/84 dt. 6.11.84 and Sec 129, 134 and 134A ofRP Act 1951 and Civil Services (Conduct) Rules) -(i)No Government servant can take part in political activities - He can not act aselection agent, polling agent, counting agent.(ii) He should not be present in public meeting during election campaign. Exception -those officers engaged in law & order and security arrangements.
16.20 Liquor - Restrictions on Sale etc., (Sec. 135-C of RP Act 1951 & ECI No. 464/L&O/2007PLN-I dt. 7.1.2007) -(i)Liquor not to be sold, given or distributed on polling day and period of 48 hoursending with close of poll - Dry day shall be declared.64
16.21 Use of loud speakers (ECI No. 3/8/2000/JS II dt. 26.12.2000 and No. 3/8/2005/JS-II dt.26.9.2005) -(i)Loudspeakers on vehicles or for meetings can be used between 6.00 AM and 10.00 PMonly.(ii)Permission is must for use of loudspeakers.(iii)In the case of loudspeaker on vehicles, permit issued by Govt. authority, shall indicateregistration Number / identification Number of vehicle.(iv)Vehicles used without written permission is liable to be confiscated with all equipment.(v)Expenditure to be accounted for.
16.22 Public meeting / processions -(i)A register for permissions granted for meetings etc.,.(ii) "First come first" principle be followed strictly.(iii) Permission - Subject to local laws / prohibitory orders.(iv) No public meeting / processing after campaign period is over.
16.23 Advertisement of political nature on Radio, TV Channel and cable networks (ECINo. 509/75/2004 JS-I (Vol. II) dt. 15.4.2004; 26.9.2007; 2.11.2007; dt. 08.11.2007 and dt.21.11.2008) -(i)Directions of Hon'ble Supreme Court are applicable at all times and not restrictedonly during the period of electioneering.(ii) Advertisement of political nature are to be got certified by theCommittee/Designated Officer at different level.(iii) 'Advertisement' includes programme also which intends to use campaignmaterial.(iv) Application for such certification should contain all required details and inprescribed format and with two copies of proposed advertisement in electronicform along with transcript.(v) Register of application and applications be serially numbered.(vi) Certificate to be given in prescribed format.(vii) Necessary equipments for previewing and scrutiny.65(viii) Returning Officers of parliamentary constituency have been declared asDesignated Officer, who will deal with applications for certification of anadvertisement on cable network or TV Channel by an individual contestingcandidate.(ix)Broad casting of commercial advertisement of political nature on Radio Channels(including private FM Channels) during the period MCC is in operation - Prebroad casting scrutiny and certification by the committee setup in the office ofCEO - Above instructions of ECI shall apply to advertisements on Radio also(ECI's No. 509/75/2004/JS-I/Vol.II/RCC dt. 21.11.2008).
16.24 Temporary offices of candidates during electioneering (ECI No. 437/6/2007/INST/PLN-III dt. 12.11.2007) -(i)No such offices will be opened by way of encroachment or in campus of areligious place or contiguous to a educational institution / hospital or within 200mtrs of PS.(ii) Only one flag and one banner (4 × 8 ft.) allowed.

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