Model Code of Conduct has come into effect from 1st March 2011 - all please follow strictly

With the announcements of General Elections to West Bengal Legislative Assembly 2011, MCC has come into effect from 1st march 2011. Please ensure that it is followed strictly and in letter and spirit. MCC teams must be activated, control rooms at RO level must start functioning forthwith and daily monitoring of Media reports must be done by ROs. Some of the important extracts from MCC are noted herein for guidance :-

MODEL CODE OF CONDUCT

AREAS OF APPLICATION

1) Execution of welfare schemes and Government work 2) Publicity/campaign on welfare schemes and Government work 3) Appointment, transfer and posting of Government officials 4) Use of Rest house, Dak Bungalow and other Government accommodation 5) On misuse of official vehicle

Prohibition or ban on following activities after commencement of MCC

• Announcement of new project or programme of concessions or financial grants in any form or promises thereof • Laying of foundation stones • Fresh or new sanction of any Governmental schemes • Review of progress of development works by political executives, Ministers • Processing of beneficiary oriented schemes, even if it is ongoing • Fresh or new release of any fund of welfare schemes • Work under MPLAD, BEUP will also come under this restriction • No new work shall start in the field after enforcement of MCC even if work order is issued to contractor before MCC came into effect • Tenders are not to be finalized during the election process [Instruction S. No.1 of compendium Vol.-3. ECI letter No.464/INST/2007-PLN-l dated 07.01.2007 & Instruction S No 15 of compendium Vol-3. ECI letter No.437/6/2004 dt 9.3.2004]

Certain exception (Works which are permitted with prior approval of ECI)

• Relief work for the people suffering from emergency situations viz occurrence of flood, drought, earthquake, other natural calamities and accidental cases of the fire and other unforeseen calamities • Welfare measures for the aged and infirm persons (viz. Pension cases and others) • Provision of drinking water by way of water tankers, digging of bore wells and dug wells in scarcity areas This work can only be undertaken by Government functionaries. No Minister of Government of political functionaries can be associated in such management of drought relief. [Instruction S. no.16 of compendium Vol-3 ECI letter No.437/6/23/2004-PLN-lll dated 11.3.2004]

Special provisions for certain schemes

IAY

• Beneficiaries who have been sanctioned IAY in 1st installment can be given second installment • Fresh sanction of new beneficiaries can't be given

SGSY

• Only those SHGs which have received part of their subsidy / grant can be provided balance installments • No fresh individual / group can be given financial assistance [Instruction S No.18 of compendium Vol-3 ECI letter No.437/6/16/2003/PLN-lll dated 01.04.2004]

MGNREGA

• The job card holder will be provided wage employment, if they demand, in ongoing works • If no employment can be provided in ongoing work, new work can be taken up from shelf of approved schemes keeping the DE$O informed • No new work shall be started till there is scope of engaging job seekers in the ongoing project • In case no shelf of project is available or all works in the shelf are exhausted then programme officer will have to move to commission through DEO for getting approval for new work [Instruction Sl No31 of compendium Vol-3 ECI letter No437/6/2006/PLN-lll (Vol.lll) dated 16.3.2006]

Release of fund under MPLAD/BEUP

• No fresh release of fund can be made • No work can be started even if work order is issued prior to introduction of MCC but not started in the field • No new work order can be issued • Only the works which are ongoing can continue • There is no bar on release of payments subject to full satisfaction of the authority • [Instruction Sl No.21,52 & 54 of compendium Vol-3 ECI letter No.437/6/2004/PLN-lll dated 26.8.2004, 576/17/84 dated 9/11/1984 & No 437/7/2004-PLN-III dated 29.2.2004]

Permissible Activities

• Work physically started before commencement of MCC can continue

Other Provisions

• Financial institutions funded partially or wholly by the State Govt. should not take recourse in writing off loans, enhance financial limits by indiscriminate issuing of loans [Instruction S No 12 of compendium Vol-3 ECI letter No437/6/2002/PLN-lll dated 25.1.2002]

• No demolition/eviction drive can be carried out by any Govt./civic agencies

• In case such demolition is to be carried out as per order of the court of law, the matter should be brought to the notice of Commission first [Instruction S No 13 of compendium Vol-3 ECI letter No437/6/3/2004/PLN-lll dated 19.2.2004]

Review of Development work

• No official video conferencing should take place between the Ministers and union of State Govt. and other political functionaries [Instruction S No 29 of compendium Vol-3 ECI letter No437/6/3/2004/PLN dated 30.12.2004]

2. PUBLICITY /CAMPAIGN ON WELFARE SCHEMES & GOVERNMENT WORKS

• Ban on display of advertisements and hoarding at the cost of public exchequer. • All such hoardings, advertisements previously displayed are to be removed. • No such advertisement can be issued in newspaper or any other media including electronic media at the cost of public exchequer. • Only hoarding, advertisement which carry general message to the masses on family planning, social welfare schemes etc. may be allowed to be displayed. (Instruction S. No. 14 of compendium Vol.3. ECI letter No. 437/6/2004-PLN-III dated 08.03.2004) • Release of advertisement on pulse polio programme is allowed. • Photographs of political leaders in such advertisement should be avoided. (Instruction S. No. 26 of compendium Vol.-3. ECI letter No. 437/6/Misc./2004-PLN-III dt. 08.01.2004)

3. Appointment, transfer and posting of officials : Ban on following activities :

• Total ban on transfer of RO, ARO and other Revenue Officers connected with conduct of Election. • Total ban on transfer of Police Department Officers connected with management of election and other police officers who are deputed to the commission under section 28A of RP Act-1951. • Total ban on other officer drafted for election work like sector & zonal officers and others who have a role in the management of election. • Transfer orders issued prior to date of announcement of poll but not implemented should not be given effect to after announcement of poll without obtaining specific permission from the commission. • No appointment or promotion in Government / PSUs without prior clearance of the commission can be given.

Exception : In case where transfer is considered necessary for administrative exigencies, prior clearance from commission is mandatory.

4. Restriction on use of Rest House, Dak Bungalow and other Government accommodation :

• Such accommodation shall not be monopolized by the party in power. • Allotment policy should be fair. • It should never be used as campaign office or for holding any public meeting. • Only temporary stay (boarding and lodging) is allowed. • Even casual meeting by members of Political Parties are not permitted. • Only the vehicle carrying the person for accommodation and not more than 2 other vehicles are permitted inside the compound of the Guest House. • Rooms should not be made available for more than 48 hours to any single individual. • These will be freeze on such accommodation 48 hours before the close of poll. (Instruction S. No. 8 of compendium Vol.3. ECI letter No. 437/6/38/2004/PLN-III dated 06.04.2004)

• Ban on utilization of various State Guest Houses, Bhabans and Sadans for election related activities by the Political Parties (Holding of party meeting / Conference etc.) • No restriction on use of such Bhabans for accommodation proposes for officers & others visitors. • Allocation of room should be done in a fair and equitable manner. (Instruction S. No. 4 of compendium Vol.3. ECI letter No. 437/6/98/PLN-III dated 08.01.1998)

5. ON MISUSE OF OFFICIAL VEHICLE

Official vehicles cannot be used for electioneering work, “Official Vehicles” include all vehicles belonging to the :

• Central Government. • State Government. • Public Undertakings of the Central and State Government. • Joint Sector Undertakings of Central and State Government. • Local Bodies, Municipal Corporation, Municipalities. • Marketing Boards (by whatever name known). • Co-operative Societies. • Autonomous District Councils, or • Any other body in which public funds, howsoever small a portion of the total, are invested, and also • Vehicles belonging to the Ministry of Defence and the Central Police Organizations under the Ministry of Home Affairs and State Government.

For clarifications contact Statutory cell or MCC cell.