Visit to Katwa Subdivision on 5th MArch 2011 to review Election preparedness

I plan to visit SDO Katwa office on 5th March 2011 in the evening to review election preparedness and status of implementation of model code of conduct. Similar visits to other Subdivisions follows.

Visited SDO Katwa office at 5 pm and then Kalna SDO office at 7 pm. Detailed review of preparedness held with SDOs, ROs in both the Subdivisions. Some of the points discussed and decided are as follows :-

• AC wise control rooms are functional. One senior officer as Nodal officer may be engaged at control room duty in shifts to coordinate all the works of Model Code of Conduct, Expenditure Monitoring, Media Monitoring on MCC + Expenditure and complaint monitoring under whose direction VST, VT, Accounting Team (AT), Flying Squads and Control Room information flow shall function. He will update the RO on all the matters and also prepare necessary reports, notices, show cause etc for the signature of RO. He will also ensure maintenance of single Register AC wise for complaint monitoring and shadow expenditure register with the help of personnel appointed therein.
• All reports, CDs from VST, Media Team, Control Rooms must come to RO's control room daily.
• 20-25 % of vehicles required for the use of sectors can be hired with immediate effect.
• Continuous updation applications received till 28th February 2011 must be disposed off within N-8 and entered in the Electoral Roll database provided for the purpose. EPIC maximisation must also be undertaken by all ROs within this period. This year second supplement will contain EPIC number of electors allowed under continuous updation.
• VM and LOR mapping as per latest instruction of ECI to be started immediately by sectors. They must be thoroughly briefed about the exercise and one to one meeting with Police Stations must be facilitated by ROs/ BDOs. This report must reach district by 16th March 2011 positively.
• Daily MCC notices to violators must be issued and removal of defacement must be improved.
• Repair and maintenance of polling stations and counting centres must be undertaken out of existing funds of SSM, TSC and development funds and must be completed well in advance. List of polling booths requiring sinking re sinking of tube well must be sent to district from SDO's end so that permission may be accorded.
• Booths may be identified among the critical booths for web casting and necessary infrastructure may be assessed. Number was indicated in the meeting.
• LOR issues were discussed and necessary instructions were given to SDPO and SDO Katwa as regards to safe return of homeless/ ousted persons from Ketugram and Mangalkote villages. Most of the families returned and only few left to be returned safely.

All ROs please activate MCC teams

Action on MCC are highly inadequate so far in all Subdivisions except Katwa. All ROs must gear up the teams. Activate VSTs, VTs and Complaint monitoring teams for each AC and see that all violations are captured. Control rooms must be operational and manned.

Defacement of property is visible at several places, that must be dealt firmly. Daily reports must indicate number of cases detected and acted upon. All hoardings and banners depicting Govt achievements must be removed immediately. ROs must direct concerned

Civil Police meeting on 11th March 2011 - modified schedule

Police Civil meeting on 11th March 2011 will be held at 2.30 pm at Sanskriti Metro. There will be meeting with police officers only to be taken by SP from 11 am onwards followed by Joint Meeting at 2.30 where all Civil and Police Officers from Block, Police Stations shall attend. This will be held post lunch.

BDOs will attend election meeting from 11 am onwards at Sanskriti Metro and Joint Meeting post lunch. However, Police Officers of all Ranks from OC upwards shall attend District Police Training from 3.30 pm onwards for 2 hours.

ECI has issued directions regarding Vulnerability mapping, LOR sensitivity at PS, Sector and AC level. Orders have been circulated to all ROs. All Blocks and Police Stations are expected to complete the SO VM before the meeting on 11th March 2011 so that we may review the progress on action taken.

Election section to please issue formal orders.

Meeting with Police Stations and Block officers at 11 am onwards on 11th March 2011

A meeting with all police and civil officers from OC/ IC of Police Stations and BDOs upwards i.e. CI, SDPOs, DySPs, SDOs, ROs, Addl SPs, ADMs and other senior officers at HQ is proposed to be held on 11th March 2011 at 11 am onwards. Venue and agenda will be intimated shortly.

The meeting will be held in two parts.

In part I, district level training of all police officers shall be organised by district training cell using PowerPoint presentation as prepared by State Teams on LOR, Expenditure Monitoring and MCC. It may be held between 11 am to 1.30 pm. At the same time, detailed election preparedness meeting shall be held with BDOs and ROs.

Part II meeting shall be held post lunch jointly with police and civil officers. SP Burdwan and DM Burdwan will address the joint meeting. It is likely to last for one hour.

Formal circular follows.

Counting centre deatils received from all ROs - some clarifications

We have received counting centre arrangements and DCRC plan from all ROs. CEO West Bengal held meeting with all DEOs today at Kolkata. Here are some clarifications from district considering the guidelines and scrutiny of plans :-

• There can be two halls per AC with ceiling of 14 table each. In ACs where number of booths including auxiliary is less than 224 i.e. rounds can be completed in 16, only one hall per AC with 14+1 table may be allowed. In other cases, two halls will be allowed with as many tables as planned to complete the counting in 12 to 16 rounds.
• Some ROs have proposed less than 8 tables in a hall that is not permissible. They must resubmit the plans afresh. Similarly, more than 14 tables are also not allowed.
• Detailed maps, information sheet must be sent in original in two copies with signature of ROs/ SDOs.
• Strong room and halls must be in the same building/ premises.
• Media centre must be located in the same premises at prominent location.
• Each hall must have provision for installation of computers for compilation of form 20.
• DCRC and counting centre must be at the same location. In some cases, it is not possible due to parking space constraints at counting centres. ROs must send justification in remarks column so that the plan can be approved by ECI.

There seems some confusion regarding allowing permission to Political parties meetings now in the district by SDOs. relevant portion of Expenditure monitoring circylar in reproduced here to clarify the issue :-

"5.5.1. Monitoring of Public Meetings, Rallies etc. Any candidate or his representative, who applies for permission for a public meeting or a rally shall also submit an expenditure plan in the format given in Annexure-16 along with the application for permission. 5.5.2. A copy of this expenditure plan shall be given by the DEO along with copy of permission letter to the officer sent on duty for maintenance of law and order to that public meeting or rally and also to the Assistant Expenditure Observer for making necessary arrangements for videography of the events. 5.5.3. The accounting team will calculate separately the expenditure incurred in each of the public meetings or rallies on the basis of notified rates and keep the folder of evidence which are collected by way of photographs, video recording. and statements etc." As per section 77 of the R.P.Act,1951,every candidate at an election shall either by himselfor by his selection agent, keep a separate and correct account of all expenditure in connection withthe election, incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.rovided under section 77 of RP Act.

In view of the above, Plan of Expenditure is applicable to Candidates and from date of notification. So permmission can be accorded to political parties for meetings by SDOs if other conditions related to use of loudspeakers, NOC of Polcie etc are complied.

Meeting with all Police Stations and BDOs, ROs next week - agenda follows

All Political party meeting at 12 noon on 4th March 2011 followed by Press Briefing regarding MCC

Meeting with district leaders of recognised National and State Party is scheduled on 4th March 2011 at 12 noon at video conference hall adjacent to DM's chamber court compound. This will be followed by Press Briefing at around 2 pm.

We have already circulars related to MCC, Printing press obligations and clarifications on MCC. These issues were also explained to all BDOs and ROs through video conference by DEO Burdwan from 12.30 pm to 2 pm. All ROs may now organise trainings/ briefings to political parties at their level as explained in the VC and seek their cooperation in strict compliance of MCC. Copies of all latest circulars may be given to them.

Latest circular on Model Code of conduct - issued by ECI on 1st March 2011

This has over riding effect on earlier circulars. Now Guest Houses, Dak Bungalow can be used on equitable basis to all parties.

Sub: Application of Model Code of Conduct – General elections to the Legislative Assemblies of Assam, Kerala, Tamil Nadu, West Bengal and Puducherry regarding.

I am directed to state that the Commission has announced the schedule for holding General Elections to the Legislative Assemblies of the States of Assam, Kerala, Tamil Nadu, West Bengal and Union Territory of Puducherry.

2. With this announcement, the provisions of the Model Code of Conduct for the guidance of the Political Parties and Candidates have come into force with immediate effect. This may be brought to the notice of the Government, all Ministries/Departments and all other offices of the Union Government and the State Governments of Assam, Kerala, Tamil Nadu, West Bengal and Union Territory of Puducherry.

3. Your particular attention is drawn to clause VII (vi) of Model Code, which, inter-alia, states the party in power whether at the Centre or in the State or States concerned, shall ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign and in particular:–

(i) (a) The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work; E:\work-13-April-2010\March-2011\01.03.2011\Appln. MCC-Gen-Elecs-AS-(1)-2011.doc

(b) Government transport including official air-crafts, vehicles, machinery and personnel shall not be used for furtherance of the interest of the party in power;

(ii) Public places such as maidans etc., for holding election meetings, and use of helipads for air-flights in connection with elections shall not be monopolised by itself. Other parties and candidates shall be allowed the use of such places and facilities on the same terms and conditions on which they are used by the party in power;

(iii) Rest houses, dak bungalows or other Government accommodation shall not be monopolized by the party in power or its candidates and such accommodation shall be allowed to be used by other parties and candidates in a fair manner but no party or candidate shall use or be allowed to use such accommodation (including premises appertaining thereto) as a campaign office or for holding any public meeting for the purposes of election propaganda;

(iv) Issue of advertisement at the cost of public exchequer in the newspapers and other media and the misuse of official mass media during the election period for partisan coverage of political news and publicity regarding achievements with a view to furthering the prospects of the party in power shall be scrupulously avoided;

(v) Ministers and other authorities shall not sanction grants/payments out of discretionary funds from the time elections are announced by the Commission; and (vi) From the time elections are announced by the Commission, Ministers and other authorities shall not -

(a) Announce any financial grants in any form or make promises thereof; or

(b) (Except civil servants) lay foundation stones etc. of projects or schemes of any kind; or

(c) Make any promise of construction of roads, provision of drinking water facilities etc.; or

(d) Make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect of influencing the voters in favour of the party in power.

4. As will be observed from Para 3{Clause IV} above, no advertisements shall be issued in electronic and print media highlighting the achievements of the Govt. at the cost of public exchequer. If any advertisement has already been released for telecast/broadcast or publication in the print media, it must be ensured that the telecast/broadcast of such ads or electronic media is stopped forthwith and that no such ad is published in any newspapers, magazines, etc., i.e. in print media from today itself and it should be immediately withdrawn..

5. A copy of the instruction of the Commission contained in its letter No.437/6/2009-CCBE dated 5th March, 2009 is enclosed for your information and necessary action. E:\work-13-April-2010\March-2011\01.03.2011\Appln. MCC-Gen-Elecs-AS-(1)-2011.doc

6. The Commission directs that there shall be a total ban on the transfer of all officers/officials connected with the conduct of the election. These include but are not restricted to: -

i) The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers; ii) Divisional Commissioners;

iii) The District Election Officers, Returning Officers, Assistant Returning Officers and other Revenue Officers connected with the Conduct of Elections;

iv) Officers of the Police Department connected with the management of elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub-divisional Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to the Commission under section 28A of the Representation of the People Act, 1951;

v) The transfer orders issued in respect of the above categories of officers prior to the date of announcement but not implemented till date should not be given effect to without obtaining specific permission from the Commission in this regard. vi) This ban shall be effective till the completion of the election. The Commission further directs that the State Government should refrain from making transfers of senior officers who have a role in the management of election in the State.

vii) In those cases where transfer of an officer is necessary on account of administrative exigencies, the State Government may with full justification approach the Commission for prior clearance.

7. You are also requested to kindly refer to the Compendium of Instructions (Vol.3) on Model Code of Conduct which is available on the website (http;//eci.nic.in) of the Election Commission of India. (A hard copy of this volume is also enclosed herewith).

Action taken on Vulnerability received - report must be in format only

Some ROs has sent the report with description of actions, without realising that only codes were required. How can one do analysis in excel with this?

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.

Election meetings at District level at 10.30 to 11.30 am daily and 6 pm to 7 pm evening wrap up with ADMs

As decided daily review of election preparedness, report returns etc with OC Election, OC statutory cell and ADM Election shall be held daily at 10.30 am at DM's Bungalow Office starting from 1st March 2011. Other cells as per need may also be invited in this meeting.

ADMs have been advised to hold meeting with officers and staffs under their control and brief DM & DEO at 6 pm daily at DM's Bungalow office. All issues related to policy matters, financial and statutory decisions and election preparedness may be raised in this highest decision making team.

All OCs must furnish a daily report to ADMs henceforth so that consolidated report can be given to DM by ADMs at evening meetings.

SDOs and ROs are also advised to hold daily review meeting.

Friday briefing with SDOs, BDOs and ROs through VC shall continue till date of notification.. Thereafter, biweekly meetings will be held.

CEO's meeting with ADM Elections and DMs on 3rd March 2011 at Kolkata - reports on election preparedness to be sent from SDOs please

CEO will review election preparedness with all ADMs and DMs on 3rd March 2011 that will be followed by one to one meeting with ROs on 5th/6th March 2011. All ROs and SDOs must send updated reports on all agenda as per list of pending reports sent by OC Election.

Action taken report on Vulnerability Mapping must be given personal attention by ROs/ SDOs.

Attention all ROs - expenditure monitoring teams training, DCRC counting venue and control room for MCC should be finalised early

Some urgent activities which ROs are required to complete early by today :-

• Read new circular on Expenditure Monitoring and send names of Video Viewing teams (VVT), Video Surveillance team (VST), Accounting Teams, Static squad (SS) and Control Room cum MCC teams names to training cell to organise training. Complete training by 3rd March 2011.
• Rates of expenditure items must be collected and sent to District Expenditure Monitoring Cell at district.
• Provide phone numbers of control room and media centres.
• DCRC venue list must be emailed to OC Election today by 5 pm positively.
• Counting centre venues with number of halls, tables each AC must be emailed today. Maximum rounds 12 to 13 and table 14 in a hall, with two halls each AC should be taken into consideration.

Daily meeting at DM & DEO level at 10.30 am with election section and at 6 pm daily with ADMs to start wef 1st March 2011. All may please note.