State of preparedness for General Election to Bihar...
Transcript of State of preparedness for General Election to Bihar...
Expenditure Monitoring
Objective
To reduce the risks of Money Power as it tend to :
Uneven playing field and lack of fair competition,
Political exclusion – Certain sectors face disadvantage,
Co-Opted politicians under campaign debts,
Tainted Governance and Rule of Law undermined.
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Monitoring related issues
• Carrying cash is not illegal under any Law and is not anathema to regular business,
• But if it is undisclosed, Income Tax Department can seize ,
• If it is out of illegal foreign exchange, ED can seize,
• If it is suspected to be for bribery, terror, theft, narcotics etc, Police authorities can seize ,
• No new law for seizure.
Training of officials
Sl
No
Master Trainer Level Trainees
1. Addl/Joint CEO State DEOs, Nodal Officers of
Police , Excise & Income Tax
different districts
2. Nodal Officer of Police State SP, Nodal Officer of police in
each district
3. Nodal Officer of Income
Tax
State Officer of Investigation
Directorate
4. Nodal Officer of State
Excise
State Excise officers
5. Staff of different sections
of Expenditure Monitoring
cell including Flying
Squad and Static
Surveillance Squad at
district/RO end
District By district Nodal Officers &
SLMTs
• In this training programme they will also be apprised
about the Account Reconciliation meeting, in which they
should come prepared with all final accounts and
registers.
• The DEO shall notify the date and venue of training on
procedure of lodging the final accounts and also about
the date of Account Reconciliation meeting, positively
on or by the date of declaration of result.
TWO TRAINING PROGRAMMES WITH CANDIDATES
– The DEO will arrange two facilitation trainings at his own office for all
election agents/candidates through the Exp. Monitoring cell ,
– One, immediately on the day of scrutiny of nomination in presence of
Expenditure Observers to acquaint them with the legal provisions,
procedures for filling up the forms and registers and dates of inspection of
accounts,
• Second, within a week before the final date of submission of accounts
in presence of Asst. Exp. Observers ( i.e., after 20 days of declaration of
results) with all election agents/candidates/personnel engaged in his office
for receiving the accounts, to explain the procedure of e-filing of
accounts, the forms and affidavits to be filed and frequently
noticed defects. Consequence of not filing or filing incomplete
forms or not filing in the manner prescribed or not showing
correct accounts shall also be explained to the
candidates/agents.
ACCOUNT RECONCILIATION MEETING
ECI No.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH
MAY, 2015
• Account reconciliation meeting with the candidates/election
agents with the district expenditure monitoring committee
(DEMC).
• If the RO or the DEO gets hold of information of suppressed expenditure
on the part of the candidate and the DEMC issues initial notice to the
candidate and follows the due procedure, the candidate shall be given
another opportunity to reconcile the under-stated amount of election
expenditure if any, in the account reconciliation meeting to be convened
by the DEO on 26th day of declaration of result.
• Notice to be issued in writing to each candidate latest by the day of
declaration of result.
• DEMC after scrutiny shall pass order in writing with reasons, in cases
where the account could not be reconciled and serve it on the
candidate/agent on the same day.
• If the candidate has already lodged his
account prior to the account
reconciliation meeting, he may revise it
within statutory 30 days of completion
of election to incorporate the findings of
the DEMC.
• The DEO’s scrutiny report has to be entered in EEMS
software within 7 days of its finalization
Types of election expenditure
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Expenditure permissible
under the law [ public
meetings, posters,
banners, vehicle etc.]
Illegal election expenditure [Distribution of
money, liquor or any other item
among electors with the purpose of
influencing them]
Ceiling forWest Bengal Assembly–Rs.16 Lakh
Lok Sabha- 40 lakh
Such type of
expenditure of election
expenses of the
candidate is declared
avoidable by ECI
Election expenditure can be classified into two
types on the basis of legal provisions
• The election expenditure permitted
under the law to be reflected in true and
correct manner in the accounts and to be
maintained in the manner prescribed by the
Commission.
• The election expenditure not permitted
under the law is to be stopped and proper
action taken under the provisions of law.
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New mechanism for
Election Expenditure
Monitoring in elections
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Preventive measures
Appeal to Political Parties:
1. To exercise self restraint
2. To avoid transactions in cash duringthe election process
3. To advise their party functionaries,candidates and agents not to carryhuge cash in the constituency duringelection process
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Preventive Measures• DEO to involve NYKs, RWAs, SHGs, Senior Citizen
forum to educate the public and to advertise the tel.Number of complaint monitoring cell
• Creating awareness among voters through publicmedia campaign for ethical voting
• Orientation Training for Political Parties andcandidates both by CEOs and DEOs on the lawsand rules of election expenditure
• Identification of Expenditure SensitiveConstituencies ( ESC) prone to high electionexpenditure and corrupt practices on the basis ofpast history, profile of the constituency and otherDevelopments
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BOOTH LEVEL AWARENESS GROUP (BAGS)
ECI NO.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015 The commission has decided to discontinue with the village/ward
level awareness groups.
Unified booth level awareness groups (BAG) are introduced,
formed by the BLOs and having among its members booth level
govt. functionaries, para workers, rep. of local bodies, BLA, BLV,
head or rep. of local body, head or rep. of schools/colleges of the
booth area, NSS/NYK volunteers, rep. of CSO/NGO.
Care should be taken about neutrality of the members except the
politically affiliated BLAs.
DEO to arrange for training the BAG about the mobile software and
procedure of uploading of images/videos and put in a system of
complaint monitoring and follow up action will involve the flying squad
and collection of evidence.
All information given by BAG will be marked bag in the register to
be inspected by the expenditure observer for follow up action.
Identity of the complainant BAG member will be kept secret.
List of BAG with contact numbers will be given to the awareness
observer, general observer & expenditure observer
CEO & DEO’s Appeal in Media in local language
CEO & DEO will publish the following appeal in the localnewspapers in the language of the state :-
Appeal for general public during electionsDistribution of cash, liquor or any other item for gratification of
voters is bribery and both the giver and the receiver is apunishable under Indian Penal Code. Flying Squads have beenformed under each Police Station to keep watch over distributionof cash, liquor and other items in the constituencies during theelection.
It is appealed to all that anybody carrying huge amount of cash inany Constituency during the elections should carry properdocuments like bank withdrawal slip, passbook, copy of PAN, billsand vouchers etc. to show the source and documents like medicalbills, marriage cards, bills and vouchers etc. to show end-use ofsuch cash in order to avoid seizure by the Flying Squads.21
Expenditure Sensitive Constituency (ESC)
• The CEO will send list of ESCs to Commission
before 6 months of expiry of the
assembly/parliament
• In ESCs requirement of Police Observers are to
be clearly mentioned
• For such constituencies, there will be two
Assistant Expenditure Observers, two
Flying Squads ,additional number of static
surveillance teams and video surveillance
teams.
Police Observer
• Placement of Police Observer is made in
expenditure sensitive constituencies for
monitoring activities of the FS/SST/MCC
team
• Functions from the date of notification till
poll .
MEETING WITH POLITICAL PARTIES
• DEO will have a meeting with all recognised PoliticalParties within 3 days of announcement of election aboutthe Instructions of the Commission and explain thelegal provisions and give a copy of the compendium ofinstructions,
• He will also discuss the various rates of expenditure andconsider their suggestions before notification of rates,
• CEO will arrange facilitation training at State Level onExpenditure Monitoring Measures for therepresentatives of all registered political parties of thestate, to explain various legal provisions including theprocedures within 3 days of announcement of election.
MEETING WITH MEDIA
• CEO will arrange meeting with all media houses andjournalists at state level to explain the provisions of sec127A of R.P Act,1951 and instructions of ECI on paidnews.
• Copy of compendium of instructions to be handed over tothem,
Notification of rates for assessment of Expenditure
1. The list of these rates would be given by the RO to the
candidates at the time of filing of nomination papers,
2. If the rate of any item is not available in the list, the
candidate/election agent, if they wish, may apply with the
DEOs to notify the rates for such items as well and the
DEOs will take appropriate steps to notify them,
3. Any objection regarding the quantum of such rates has to
be made to the DEO within 24 hours of notification,
4. CEO to obtain airing charges from media houses with
reference to campaigning through electronic media.
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Restrictions on the printing of pamphlets, posters etc. and
for proper record keeping by MCMC
• 3/9/2015/SAR DATED: 9.10.2015• In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of
pamphlets, posters etc. in connection with elections all political advertisements in print media during
theperiod of election should contain the nameandaddress of the publisher.
• DEOs to hold meetingwith the printers in this regard.
• Record should be kept of all advertisements in print media as these have to be included in the
accountof electionexpensesof candidate(s).
• Job of record keeping has to be performed by the expenditure monitoring team. All such material
should be taken into account during verification of account of election expensesof a candidate.
Loudspeaker with amplifier and microphone
podium or Pandal of standard sizes,
Cloth banner, Cloth flags, Hand bills, Posters,
Hoardings, Cut outs (wooden), Cut outs (Cloth/plastic),
Video Cassettes/CDs, Audio Cassettes/CDs,
Daily hiring charges of vehicles (all types of vehicles),
chairs, tables and other furniture, electrical fittings/equipments,
Print media advertisements and DAVP rates
Audio slots on Radio & AV on TV, cable TV, State & National Level TV Channels
Any other item commonly used in a district.
Learning Module of RO/ARO 28
RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES:
EXPENDITURE MONITORING MACHINERY
• Expenditure Observer (EO)
• Asst. Expenditure Observer (AEO)
• Flying Squad (FS)
• Static Surveillance Teams (SST)
• Video Surveillance Team (VST)
• Video Viewing Team (VVT)
• Accounting Team
• Media Certification and Monitoring Committee (MCMC)
• Expenditure Monitoring Cell
• Complaint Monitoring Cell & Call centre
• District Expenditure Monitoring Committee (DEMC)
• Seized Cash Release Committee 29
VST
Expenditure monitoring
control room
Expenditure Monitoring
Cell
MCMC(Dist./ State Level)
DEMCAccounting Team
(SOR / FE )
VVT
F S- complaints of
cash transactions
/freebies
24x7 Call Centre
DEO Expenditure Observer
R.O.
Public
meeting/Rally Illegal Expenditure.
AEO
SST – Check
post monitoring
teams
EXPENDITURE OBSERVER (EO)
To be appointed by the Commission. EOs are responsible for overall supervision of
expenditure monitoring for five Assembly segments.
They will train the Asst. Expenditure Observers and
inspect functioning of different teams engaged in
expenditure monitoring in each constituency
They will coordinate with various law enforcement
agencies of Income tax, Police, BSF/SSB, State Excise
and DRI
They will assist the DEO in preparation of scrutiny report
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Structure and Functions of Expenditure Monitoring Team
Expenditure Observers for each district not more than
five Assembly constituencies
Assistant Expenditure Observer for each constituency
Additional number of Observers and Assistant
Observers in ESC (Expenditure sensitive constituency)
Additional number of Flying Squads and Static
Surveillance teams with man power from central Govt.
and central PSUs and CPF
Assistant Expenditure Observer• To be appointed for each constituency by the DEO in
consultation with the Expenditure Observer
• To belong to Group B officers or equivalent in central
government services or Income Tax, Central Excise
Audit & Accounts officer or any central PSU
• Should preferably be a local officer ,posted within the
same district or nearby
• Work place and home town should not be in the same
constituency
•Shall see and supervise all actions on reports of video
CDS, complaints, SOR, FE, expenditure register of
candidates , actions by FS/SST and MCMC
•Daily report to Observer in Annexure 6
STANDARD OPERATING PROCEDURE FOR SEIZURE AND RELEASE OF
CASH AND OTHER ITEMS.
ECI no.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015- ANNEXE-73
Commission has issued this order in suppression of its earlier order No. 76/Instructions/2015/vol. XIX dated 30th December, 2014.
The detailed instructions including the Standard Operating Procedure for deployment ofthe Flying Squads, Static Surveillance Team, for seizure and release of cash and other itemsduring election process including the involvement of the DEO, the Police, the other districtfunctionaries attached to the process, the Superintendent of Excise, the nodal officer of theIncome Tax department has been laid down in the Order.
Flying Squad (FS) There shall be three or more Flying Squads (FS) in each Assembly Constituency
/Segment.
The FS shall start functioning from the date of announcement of election and shall
continue till completion of poll.
The Flying Squad shall :
(a) attend to all model code of conduct violations and related complaints;
(b) attend to all complaints of threat, intimidation, movement of antisocial elements,
liquor, arms and ammunition and large sum of cash for the purpose of bribing of
electors etc.;
(c) Whenever the BAG provides any information, the Flying Squad should reach the
spot within shortest possible time and take necessary action and gather
corroborative evidences.
(d) attend to all complaints regarding election expenditure incurred or authorized by
the candidates I political party;
(e) Videograph with the help of Video Surveillance Team (VST), all major rallies, public
meetings or other major expenses made by political parties after the
announcement of election by the Commission.
In Expenditure Sensitive Constituencies (ESC), there shall be more FSs,
The FS shall not be given any other work
The names and mobile numbers of the Magistrate as head of the FS and other
officials in FS shall be provided to the Complaint Monitoring Control Room and
Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer
and Assistant Expenditure Observer.
In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the
situation.
The entire proceeding of the FS shall be video recorded.
All the vehicles used by the Flying Squads shall be fitted with the CCTV cameras!
webcams or shall have video cameras (keeping in view the availability andeconomic viability) for recording the interception made by the Flying Squads
Responsibility of Magistrate in FS
The Magistrate of the FS will ensure that proper procedure is followed
and there is no law and order problem.
The Magistrate of the FS shall send a Daily Activity report in respect of
items of seizure of bribe or cash to the D.E.O. in a format as per
Annexure - A, with a copy to R.O., S.P. and the Expenditure Observers.
shall send Daily Activity report in respect of model code of conduct
violations to RO, DEO, S. P. and General Observer in the format as given
in Annexure-B.
The S. P. shall send daily activity report to Nodal Officer of Police
Headquarter, who shall compile all such reports from the district and
send a consolidated report in the same format ( i.e.,: Annexure - A & B)
on the next day by fax/ e-mail to the Commission with a copy to the
CEO of the state.
Responsibility of in Charge of FS
In case of suspicion of commission, of any crime, the in charge Police
Officer of FS shall
seize cash or items of bribe or other such items, and
gather evidence and record statement of the witnesses and the persons
from whom the items are seized and
issue proper Panchnama for seizure to the person from whom such items
are seized.
He shall ensure that case is submitted in the Court of competent
jurisdiction within 24 hrs.
file complaints/F.l.R. immediately against
the persons, receiving and giving bribe; and
any other person from whom contraband items are seized, or
any other antisocial elements found engaged in illegal activity.
The copy of the complaint/FIR shall be displayed on the notice board of
the R. 0. for public information and be sent to the DEO, General Observer,
Expenditure Observer and Police Observer.
The Expenditure Observer shall mention it in the Shadow Observation
Register, if it has links with any candidate's election expenditure.
SST Covering for FS In case, a complaint is received and it is not possible for the FS to reach the spot immediately, then the
information shall be passed on to the Static Surveillance Team, nearest to the spot or to the policestation of that area, who shall rush a team to the spot for taking necessary action on the complaint. Allseizures made by the police authorities either on receipt of complaints forwarded by FS or receivedindependently shall also be reported to the FS which shall incorporate such seizure reports in its DailyActivity Reports in relevant rows/columns.
Each FS shall announce through a Public address system, fitted onto its vehicle, the
following in local language in the area under its jurisdiction:
"As per section 171 B of Indian Penal Code, any person giving or
accepting any gratification in cash or kind during election process, with a
view to inducing the person to exercise his electoral right is punishable
with imprisonment up to one year or with fine or with both. Further, as
per section 171 C of Indian Penal Code, any person who threatens any
candidate or elector, or any other person, with injury of any kind, is
punishable with imprisonment up to one year or with fine or both. Flying
Squads have been formed to register cases against both the giver and the
taker of bribe and for taking action against those who are engaged in
threat and intimidation of electors. All the Citizens are hereby requested
to refrain from taking any bribe and in case, anybody offers any bribe or
is having knowledge about the bribe or cases of threat/intimidation of
electors, then he should inform on the toll free number…………………. ,
of the 24x7 Complaint Monitoring Cell of the district, set up for receiving
the complaints".
Responsibility of DEO as regards functioning of the FS The DEO shall constitute the FS with officers of proven integrity.
The DEO shall publish pamphlets quoting the appeal to public in English or Hindi or
local language and distribute through the flying squad in prominent places.
Press release should also be issued by the DEO on the election expenditure
monitoring measures.
after the announcement of elections, DEO shall make an appeal as mentioned in
para 8 above in print and. electronic media for the benefit of general public
about the monitoring mechanism, which is being put in place during election
process.
Static Surveillance Team (SST) Checking by SST on the major roads or arterial roads shall commence from the date
of notification of election.
There shall be three or more Static Surveillance Teams in each Assembly
Constituency/Segment with one executive magistrate and three or four police
personnel in each team who shall be manning the check post.
Depending on the sensitivity of the area, the CPF members will be mixed in the SSTs.
This team shall put check posts at Expenditure Sensitive pockets/hamlets, and shall
keep watch on movement of illicit liquor, items of bribe, or large amount of cash,
arms and ammunition and also movement of antisocial elements in their area.
The entire process of checking shall be captured in video or CCTV.
The video/CCTV record with an identification mark of date, place and team
number shall be deposited with the R.O, on the next day who shall preserve the
same for verification by the Commission at later point of time. It may also be widely
advertised by the DEO that any member of the public can obtain a copy of the
video/ CCTV record by depositing Rs. 300/-.
Whenever Check Posts are put at the borders of the district/State or at any other
place by any agency, for any purpose, then the nearest SST shall be present there in
such team, to avoid duplication of checking in the area and reporting of seizure of
cash or items of bribe has to be done by the SST.
The SSTs shall be controlled by the DEO and S.P. in consultation with General
Observer and Expenditure Observers and the mechanism shall be strengthened in
last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive
pockets and during such period, ·the SST shall not be dismantled under any
circumstances.
No checking shall take place without the presence of Executive Magistrate.
During checking, if any cash exceeding Rs. 50,000/- is. found in a vehicle carrying a
candidate, his agent, or party worker or carrying posters or election materials or any
drugs, liquor, arms or gift items which are valued at more than Rs.1O,O0O/-, likely to
be used for inducement of electors or any other illicit articles are found in a vehicle,
shall be subject to seizure.
After seizure, the seized amount shall be deposited in such manner as directed by
the Court and a copy of seizure of cash, in excess of Rs. 1O lacs shall be
forwarded to the Income Tax authority, engaged for the purpose.
The DEO shall issue necessary instructions to the treasury units to receive the seized
cash beyond office hours and on holidays also, in case it is required.
The Magistrate of the SST shall send Daily Activity report to the D.E.O. with copy to
R.O., S.P. and Expenditure Observer, General Observer, and Police observer in a
format as per Annexure -C, on the same day.
The S.P. shall send daily activity update to Nodal Officer of Police Headquarter,
who shall compile all such reports from the district and send a consolidated report
in the same format ( i.e., Annexure - C) on the next day by fax/ e-mail to the
Commission with a copy to the CEO of the state.
Exemption from Seizure by SST
If any star campaigner is carrying cash up to Rs. 1 Lakh,exclusively for his/her personal use, or any party functionary is
carrying cash with certificate from the treasurer of the party
mentioning the amount and its end use, then the authorities in
SST shall retain a copy of the certificate and will not seize the
cash.
If cash of more than 10 lakh is found in a vehicle and there is
no suspicion of commission of any crime or linkage to any
candidate or agent or party functionary, then the SST shall notseize the cash. and pass on the information to the Income-Tax
authority, for necessary action under Income - Tax Laws
Responsibility of in Charge of SST the seizure of cash or any item shall be done by the in charge
Police Officer of the SST as per provision of CrPC in presence
of the Executive Magistrate
The Police Officer in charge of SST shall file complaint/FIR in the
Court, having jurisdiction, within 24 hours.
FS and SST shall be polite, decent and courteous, while
checking the baggage or vehicle. The purse held by the
ladies shall not be checked, unless there is a lady officer. TheFS shall also supervise the functioning and proper conduct of
SSTs during checking in their areas.
TRAINING OF FST AND SSTS
Advance training of FSs and SSTs should be done
as per direction of the Commission. The DEO and
the SP of the district shall ensure that the teams
are constituted and properly trained. The Nodal
Officer at the Police Headquarters shall ensure
that proper training- and sensitization of the police
force is this regard is done.
Complaint against functioning of FST & SST
In case of any grievance about the conduct of the FS or SST, the Authority, whom the
person can appeal for redressal of grievance on misconduct or harassment shall be the
Addl. District Magistrate of the district (in charge of the Expenditure Monitoring Cell).
All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit sothat timely action by the teams can be monitored.
Criminality is determined,
Banner/poster/voter slip/any campaign
material along with cash or
gift
Arms or illicit items along with
cash or gift
Cash(more than 50,000) in
custody of any candidate/agent/party official being
carried in a vehicle or any other modus
operandi leading to crime
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Protocol for Release of Cash In order to avoid inconvenience to the public and genuine persons
and also for redressal of their grievances, if any, a committee shall be
formed comprising three officers of the District, namely,
(i) ADM, Zila Parishad/P.D,DRDA-
(ii) Nodal Officer of Expenditure Monitoring in the District Election Office
(Convener) and
(iii) District Treasury Officer.
All cases of seizure of cash etc., effected by FS, SST or Police
authorities shall immediately be brought to the notice of the
Committee formed in the District
The Committee shall suo-motu examine each case of seizure made by
the Police or SST or FS and where the Committee finds that no
FIR/Complaint has been filed against the seizure or where the seizure is
not linked with any candidate or political party or any election
campaign etc., as per Standard Operating Procedure, it shall take
immediate step to order release of such cash etc. to such persons from
whom the cash was seized after passing a speaking order.
The procedure of appeal against seizure should be mentioned in the
seizure document and it should also be informed to such persons at
the time of seizure of cash.
The functioning of this committee should be given wide publicity,
including telephone no. of the convener of the Committee.
All the information pertaining to release of cash, shall be maintained
by the Nodal Officer expenditure monitoring in a register, serially,
date wise with the details regarding amount of Cash
intercepted/seized and date of release to the person(s) concerned.
If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of
Income Tax shall be kept informed before the release is effected.
In no case, the matter relating to seized cash/ seized valuables shall
be kept pending in malkhana or treasury for more than ?(Seven)
days after the date of poll, unless any FIR/Complaint is filed.
It shall be the responsibility of the Returning Officer to bring all such
cases before the appellate committee and to release the
cash/valuables as per order of the appellate committee.
EXPENDITURE MONITORING CELL (EMC)
This cell at district level will consist of a Nodal Officer on
behalf of DEO, of the rank of SDM/ADM and two officials, who
will be in charge of Expenditure monitoring training and
coordination with all other team heads engaged in expenditure
monitoring,
It will be responsible for expenditure monitoring efforts in the
district, providing manpower and logistical support like space
and equipments,
– First training of the Asstt. Expenditure Observers (AEO’s)
and all the officials engaged in various teams should be done
by these Nodal Officers of Expenditure Monitoring Cell in the
District as soon as the elections are announced,
EXPENDITURE MONITORING CELL (EMC)
– This cell will keep custody of all shadow observation
registers and folders of evidence after the poll,
– Nodal Officer of Expenditure Monitoring Cell shall act as
the link between the DEO and the EO,
– EMC will assist the DEO and Expenditure Observer in
finalizing the scrutiny report to be submitted after
declaration of result.
District Complaint Monitoring Cell
• Copies of all complaints received and reports of
inquiries conducted shall be put on the notice
board of the RO for information of the Public. Any
member of the Public can obtain copies of these
documents on payment of a fee of Re. 1 per page.
• All complaints filed with DISTRICT LEVEL Complaint
Monitoring cell to be recorded and investigated
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Expenditure Monitoring Control Room and Call Centre
It will function 24/7 Toll Free Call Centre to receive complaints atDEO’s end and telephone number would be widely publicized
Complaint monitoring center for communication with various teamsto operate from the date of press notification. A senior officer will beput in charge of the call center and there will be sufficient staff to manthe telephone lines.
All expenditure related complaints will be immediately forwardedto Flying Squad or officer concerned with sms to RO, Asst. Exp.Observer and Expenditure Observer
In all MCC related complaints will be forwarded to RO with copy toGeneral Observer.
A register should also be maintained in the format given inAnnexure 13, with the name and address of the complainant, natureof complaint, timing of complaint and action taken on the complaintby the Control Room. All the calls would be recorded for futureconfirmation.
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Video surveillance team
• Minimum One official, one videographer and one vehicle• Can be more than 1 team at a public meeting,• Properly trained to identify and capture MCC and
expenditure related events in adequate minute details asrequired,
• At the beginning of shooting, the team will record invoice mode the title and type of event , date, place andthe name of the party or the candidate organizing thesame.
• It will capture the photo in such a way that the evidence ofeach vehicle, furniture, rostrum, banner, cutout etc.can be seen clearly and the expense thereon can beestimated,
• At the end of shooting, the team may also record in voicemode the estimated number and type of vehicles,Chairs, furniture, approx size ofrostrum/banner/poster/cutout etc. used in the event.
• This team will prepare a video cue-sheet in the formatgiven at Annexure-7 of the instructions. This cue-sheetcontains the highlights of the recording with date and time.Therefore it should be ensured by the team that the timeand date set up in the camera is correct.
Video Surveillance Team (VST)
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Video Viewing team
• 1 officer and 2 clerks (or as required) for eachassembly segment ,as viewing all CD’s is a timeconsuming task,
• View Video CD provided by VST for identifyingelection expenditure and MCC related issues,
• Submit report containing candidate wiseexpenditure no later than next day to AccountingTeam/ Asst. EO, on public rally including the vehiclenumbers, number of chairs, size of Dias, audiosystem, posters , banners, helicopter expense,media advertisements and Paid News, names ofcandidates
• MCC related report to General Observer and RO
Video Viewing
Team (VVT)
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Accounting team
• One official and one accounting clerk per segment
• Drafted from employees of accounts wing ofCentral Govt. depts.
• Work under Asst. EO, involved in preparation ofShadow Observation Register and maintainingvideos/ CD evidences carefully in EvidenceFolder. To maintain proper back-up which canbe called by Commission later.
• Will enter expenditure incurred by the candidate onmajor expenses and corresponding notified ratesagainst each item( major public meetings/rallies) inthe Shadow Observation Register, reported byvarious teams and calculate the totalexpenditure of the event observed for eachcandidate.
Accounting Team
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Visit of Expenditure Observer
• To reach the constituency on the day of notification of
elections, & submit his arrival report to the Commission
in Annexure-2
• EO to leave the constituency after submitting the poll
preparedness report-I (Annexure-3A),
• 2nd Visit on date immediately after the date of
withdrawal of candidature & submit report-II within 24
Hrs. (Annexure-3B) and remain in the constituency
during entire campaign period and leave the
constituency only after the completion of poll and
sending his Report-III (Annexure-4),
• 3rd visit after 30 days ( will stay for 7 days) from declaration
of results to assist in finalisation of scrutiny report prepared
by DEO. He will send his final(IV) (Annexure-5) Report after
that.
Complaint monitoring by Expenditure Observer
• Besides the call centre, the observer shall fix one hour time for
hearing of complaints every day in the office of the RO. This time
will be given wide publicity.
• All complaints will be inquired into within 24 hours, and a copy of
the report given to the observer and also to the accounting team.
• One counter to operate in the office of the RO every day from 9
AM to 5 PM to receive complaints and be reported to the
Observer.
• Copies of all complaints received and reports of inquiries
conducted shall be put on the notice board of the RO for
information of the Public.
• Any member of the Public can obtain copies of these documents
on payment of a fee of Re. 1 per page.64
Separate Bank Account
1. The candidate is to open a separate bank account for election
expenditure, at least one day prior to filing of his nomination
papers.
2. It can be opened in joint name of the candidate and his election
agent, anywhere in the state.
3. This Bank account can not be opened jointly by the candidate with
spouse or other relatives, if they are not the election agent of the
candidate.
4. The account can be opened in any bank, including co-operative
banks and Post Office.
5. At the time of filing the nomination the candidate will communicate
the account number of this bank account to the RO in writing.
6. All the election expenses of the candidate should be met from this
bank account. The candidate shall also submit a certified copy of
the account statement after the poll.
65
RECEIPT OF DONATION BY CANDIDATE
ECI No.76/Instructions/EEPS/2015/Vol-II/172-206 dated 9.6.2015
Candidates shall not receive any donation or loan in cash in
excess of Rs. 20,000/- from a single person or entity during the
election process.
All donations/loans in excess of Rs. 20,000/- shall be received bythe candidate in a/c payee cheque or draft or by account
transfer.
Candidate(s) shall maintain the full name and address of such
persons/entities, which shall be mentioned in relevant columns ofday to day accounts and the abstract statement of election
expenditure.
Print Media
Local Newspapers
Other newspapers in circulation in
area
Magazines
Pamphlets & Posters
Electronic Media
Radio including Private FM
TV channels, cable network
Bulk SMS
Websites/Blogs/ 67
MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC
Monitoring of campaign through Print/Electronic media, including cable
network & FM channels
• District Level Media certification and Monitoring Committee
(MCMC) ECI No. 491/Paid News/2012/Media Dated: 27th
August, 2012Members
(a) DEO/RO (of Parliamentary Constituency)
(b) ARO(not below SDM)
(c) Central Govt. I & B Ministry official (if any in the
district)
(d) Independent Citizen/Journalist as may be recommended
by PCI
(e) DPRO/District Information Officer/equivalent – Member
Secretary
Pre-certification of political advertisements-use of bulk
SMSs/voice messages in political campaigning-Functions of
MCMC
No. 491/Media Policy/2015/communication dated 28.5.2015
The contents of the following shall come under media pre-
certification at District/State level like political advertisements
on
bulk SMSs and Voice Messages
TV Channels,
cable network ,
radio including private FM channels,
cinema halls,
audio visual displays in public places
social media.
– The District MCMC will be given infrastructure like 3 or 4
TVs, all news papers including local news papers and all cable
connections in a separate room and they will operate 24x7.
– It will submit a daily report, in the format given at Annexure-
12 of the instruction of the ECI on Expenditure Monitoring,
to the Accounting Team with advertisement has been
published/ displayed in favour of any candidates along with
supporting documents/materials such as Newspaper cuttings,
TV recording clips.
• If any surveillance team, Accounting team, MCMC or the
expenditure monitoring cell finds that any such candidate
without the permission of the Scrutiny Committee constituted by
CEO, he shall inform the RO immediately.
70
•The RO will issue a notice to the candidate for
violation of instructions of the Commission.
•The DEO will also ensure that the expenditure
on this advertisement is also added to the
shadow expenditure register.
ECI No :491/SM/Comm/2013 dt 16.4.2014
CLARIFICATION REGRDING SOCIAL NETWORKING SITES AND E-PAPERS.
1. Any political content in the form of
messages/comments/photos/videos being posted/uploaded on
the ‘blogs/self accounts’ on websites/social media websites willnot be treated as political advertisement and therefore would
not require pre-certification.
2. EVEN IF THE SAME IS POSTED/UPLODED BY POLITICAL
PARTIES/CANDIDATES, IT WOULD NOT FALL WITHIN THE MEANING
POLITICAL ADVERTISEMENT AND WOULD NOT BE SUBJECT TO
DIRECTIONS/GUIDELINES ISSUED BY THE commission.
3. As per provisions contained in commission’s letter no. 491/paid
news/2014 dated 26.2.2014, political advertisements issued in e-
papers of any newspapers shall invariably require pre-
certification by the concerned committee.
Restrictions on the printing of pamphlets, posters etc. and for
proper record keeping by MCMC
3/9/2015/SAR DATED: 9.10.2015
In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of
pamphlets, posters etc. in connection with elections all political advertisements in print media
during the period of election should contain the nameandaddress of the publisher.
DEOs to hold meetingwith the printers in this regard.
Record should be kept of all advertisements in print media as these have to be included in the
account of election expenses of candidate(s).
Job of record keeping has to be performed by the expenditure monitoring team. All such material
should be taken into account during verification of account of election expensesof a candidate.
PAID NEWS
• Paid News: The Paid News has been defined by Press
Council of India as ‘any news or analysis appearing in any
media (Print and Electronic) for a price in cash or kind as
consideration’. The Commission has decided to go by this
definition.
• 6 months before the due date of normal expiry of Lok
Sabha or the State Legislative Assembly, as the case may
be, a list of television channels/radio channels/newspapers,
broadcast/ circulated in the State/UT and their standard
rate cards shall be obtained by the CEOs and provided to
all District level MCMCs for fixing the rates of
advertisements.
SOP OF PAID NEWS:• The CEO and DEOs will brief Political Parties and Media Houses
with the Press Note of the ECI.
• On reference from District MCMC, RO shall give notice to the
candidates within 96 hrs of publication/broadcast/telecast/receipt of
complaint to explain/disclose the expenditure incurred for
publishing the ‘news’ or similar matter, or state why expenditure
should not be computed as per standard rate and added to the
candidate’s expenditure.
• The same timeline will apply when State level MCMC takes up
cases suo motu or on the basis of complaints
• District /State level MCMC shall decide on the reply expeditiously
and convey to the Candidate/Party its final decision.
• In case no reply is received by District MCMC from the candidate
within 48 hrs of serving of notice, the decision of MCMC will be
final
SOP OF PAID NEWS:
• The Candidate may appeal against the decision of State level
MCMC to ECI within 48 hrs of receiving of order from this
Committee.
• The State level MCMC can also make a reference to the
Commission for advice, if it deems it necessary.
• The decision of ECI shall be final.
• The entire process shall ordinarily be completed within
Election period
• In decided cases of Paid News either at District
level/CEO level/Commission level, the actual/notional
expenditure shall be treated as part of election expenses
of the Candidate concerned, with due intimation to
him/her or his/her agent.
• The Press Council of India should also be intimated.
Star Campaigners• List of Star campaigners to be submitted to CEO or the
Commission within 7 days of the notification(U/S 77(I)EXPLANATION 2 OF RP ACT,1951)
• Travel expense of star campaigners of allied party arenot exempt
• CEILING- 40 CAMPAIGNERS FOR RECOGNIZEDPARTY & 20 FOR REGISTERED PARTY.
• If the Star campaigner travels with candidate or mediaperson, then 50% of the travel expense will be added tothe candidate
• If the candidate shares the Pandal with the StarCampaigner or his photo or poster with his name isexhibited in the meeting, then the meeting expense willbe added to his account
Star Campaigners
• All expenditure including lodging/boarding expenses
of star campaigners in the constituency where they
campaign for any candidate shall be included in the
expenditure account of that particular candidate,
provided that -
a. The Star Campaigners/Campaigners have actually
campaigned for the candidate, and
b. The Star Campaigners/Campaigners have incurred
such boarding and lodging expenditure while
remaining in a commercial hotel or lodge for the
purpose of election campaign of the candidate
irrespective of the fact whether the payment is made
by such candidate or not.
• If any attendant including security guard, medical
attendant, or any person including any member of the
party, who is not a candidate in the constituency
concerned, travels with leader ( star campaigner) of the
political party, in his vehicle/aircraft/helicopter etc, the
travel expenses of such leader shall be wholly booked
to the account of the political party.
• The travel expenses of a leader nominated as star
campaigner will be accounted for in the election
expenditure of the candidate where such leader
happens to be himself a candidate.
• If star campaigner campaigns for a candidate of another party, the
expenditure incurred on his travel would be included in the
candidate’s account.
• If candidates of two or more parties are present in a
campaign/meeting addressed by a star campaigner of one party,
his travel expense will be apportioned equally among the
candidates of other parties but exempting the share of the
candidate of the same party.
• The hotel expense of the star campaigner is not exempt
• Expenditure claimed to have been made by the Political Party
should be reported separately by the DEO to the CEO in the
prescribed format.(Annexure-19)
80
Public Meetings/Rallies
• Format for applying for permission to hold
public meeting/ rally is given in Annexure-
16
• Candidate has to mention date time,
duration and location of such
meeting/rally along with expenditure plan
for obtaining due permission
• This is necessary for maintenance of law
and order and proper video recording of
events.
Public Meetings/Rallies Rally Expenses
• All public rallies and Public meetings (even beforenotification and after announcement) to bevideographed
• Rally expense for filing nomination to be included• Public who attend the rally in their own vehicle
without receiving any payment or without any flag,banner or photo of candidate not to be included
• Commercial vehicles used for rally to be included inexpense
• Notional cost of fuel and driver salary of onePersonal vehicle used by the candidate to be added(Notional cost of hiring in case of more than onepersonal vehicle used)
• One vehicle of district level party officer ( Not beingthe candidate) exempted
Printing pamphlets, banners and posters
• The print and electronic media, cable network and FMradio will be closely monitored
• Prior approval of CEO before any broadcast or telecast
• Press or publisher’s name and address, number ofcopies and amount charged to be mentioned in allprinted material including media advertisements andsent to DEO immediately
• Advertisement in Print media to be covered undersection 127A of RP Act,1951
(copy of the printed material and declaration from thepublisher & details of the printed material to be sent bythe printer to CEO or DEO)
Monitoring of vehicles
• Issuance of permit by RO for use of vehicles for
campaigning
• Booking of cost of vehicles used for electioneering in
SOR (Shadow Observation Register)
• Complaint by RO u/s 171 H of IPC, if a vehicle is found
to be used for campaigning without permission &
booking of cost in SOR (Shadow Observation Register)
• Withdrawal of permission, if accounts is not furnished by
candidate despite notices
• Withdrawal of permission, if vehicle is used by another
candidate ,booking of expenditure in SOR and seizure of
vehicle by FS.
VEHICLE PERMIT FOR OFFICE BEARERS OF
RECOGNISED POLITICAL PARTIES
1. Being requested by a Recognised Political Party, CEO to grant permit
for vehicle for distribution of publicity material of the party to various
offices in the State.
2. This vehicle will be subjected to normal checks and can not be used for
election campaigning.
3. The expenditure on account of such vehicle shall be apportioned equally
among the Candidates of the party contesting from the constituency/ies
for which the vehicle permit has been sought.
4. DEO will issue permit for vehicles for use by the office bearers of the
Recognised Political Parties for their visits to different constituencies
within the District for electioneering purpose.
5. DEO to issue permit for one vehicle only for a particular recognised
Political Party for a particular District. Expenditure for the same shall
have to be incurred by the Political party and not by the Candidate.
6. CEO shall issue permit for vehicles for use by the office bearers of
Recognised Political Parties for movement throughout the State for
electioneering purposes only and not for carrying publicity material. The
expenditure on these vehicles shall be incurred by the Political
Party and not by the Candidate.
Monitoring production, storage and distribution of
liquor
• From the date of announcement of election, the production,off-take, stock limits of stockiest and retailers of IMFL / Beer/ country liquor are to be monitored district wise
• Opening and closing of liquor vending shops are to closelymonitored
• Intensive vigil over inter state movement of vehicles at RTOcheck-posts and border check-posts by special enforcementstaff of Excise Deptt.
• To conduct raids to seize illicit liquor
• Inter state coordination of Excise Commissioners of thebordering states
• District level Nodal Officer to submit report every alternateday to DEO, Exp. Observer and State Level Nodal Officer,who will compile the state level report to Commission andCEO (Annex.22)
Transportation of cash by ATM vans
• DEO to monitor the transportation of cash
by ATM vans like personnel of the
outsourced agencies of the banks carry
identity cards with them,
• Must not carry cash of any third party,
• Should produce documents when asked
by the competent authority.
• The aforesaid procedure has been stipulated for the reason that
during the period of election if the authorised officials of the
Election Commission (District Election Officer or any other
authorised official) intercepts the outsourced agency/company‟s
cash van for inspection, the agency /company should be in a position
to clearly show to the Election Commission through document and
also physical inspection of the currency that they have collected the
cash from the banks for the purpose of replenishing the bank‟s
ATMs with cash or delivery of the cash to some other branches of
the banks or currency chest on the instructions of the bank.
Role assigned to:
Income Tax Department
• To gather intelligence/ keep watch overmovement of cash in the constituency and takenecessary action under IT Laws
• To watch all airports of the state, major railwaystations, hotels, farm houses, hawala agents,financial brokers, Cash couriers, Pawn brokers
• IT Deptt. will open Air Intelligence Units in all airports
of the poll bound states and also shall keep vigil over
movement of cash through aircrafts/ helicopters
leading to poll bound states,
• The Directorate & the FIU will also download the candidate
affidavits from the Commission website and verify the
information contained therein
• Report to be sent to the commission
• The Directorate & FIU will also report to the Commission
about Political Parties taking donations & enjoying tax
exemptions without filing returns and action taken thereof.
This has to be sent to Commission within 2 weeks of
announcement of election.
• Director General(Inv) to open a 24x7 control room in the state
capital having toll free number
• On the basis of complaint received the IT(Inv) will take up
independent enquiry against any person. DEO will provide
security. The enquiry report to be submitted to the
Commission with copy to the CEO.
• If any cash exceeding Rs. 10 lakh is found in the
airport, the IT will take necessary action as per IT
law.
• They will inform CEO incase the action can not be
taken under IT Act.
• Any info on cash withdrawal exceeding Rs. 10 lakh
from Bank a/c by any person & reported by bank to
the DEO shall be passed on by the DEO to the Nodal
Officer IT(Inv)/Asst. Dir. (Inv) in charge of the
district
• Activity Report to be sent by Asst/Dy Director every
alternate day and DGIT to compile and send to
Commission with copy to CEO (ANNEX-24)
SOP: Checking of Helicopters/ Aircraft
(Ref: Bureau of Civil Aviation Authority Instruction vide its OM dt. 14.02.12)
• During election process proper frisking and pre embarkation,
checking of all persons, screening/ physical checking of
baggage to be done,
• CISF to inform the Income Tax dept. if cash above 10lacs/
bullion is detected in poll bound states,
• No prior permission for landing/ takeoff at commercial
airports from DEO. But ATC to keep records of all such pvt.
Aircrafts/ helicopters and make available such info. To the
CEO within 3 days after landing or takeoff. The CEO to
share this info. With EO for accounting purpose. 92
SOP: Checking of Helicopters/ Aircraft
• For airstrips not used for commercial purposes
applications to be made to the DEO
concerned 24 hrs in advance by candidate or
pol. Party,
• Every candidate shall inform the RO concerned
in writing, regarding the details of expenditure
incurred on hiring such crafts and name of
pol. Party if party has borne the expenses
• Pol. Parties to inform the ECI in 75 days (for AC)
and in 90 days ( for PC) after completion of poll,
details of expenses borne on such hiring of
crafts.
93
Change of helicopter by the candidates/political parties at last
moment- Permission on priority basis by the DEO
ECI No. 76/Instructions/2015/EEPS/V ol. II Dated: 11 th October, 2015
Under the existing provision at remote/uncontrolled airports and
helipads application will have to be made either by the candidate or by the 'political party to the DEO concerned, at
least 24 hours before landing,
Details of travel plan, place of landing in the district and names of
passengers in the aircrafts/helicopters are to be mentioned.
DEO makes adequate arrangements for security, law and order
,issues and also to make available the coordinates of the helipad.
On receipt of such application,DEO shall issue permission on the same day on priority basis.
The Commission has decided that in those cases where
permission has already been accorded to the
candidates/political parties,
if a request for change of helicopter is received from acandidate/political party at the last moment, then it will be
dealt with by the DEO
on priority basis and decision will be communicated within 03hours of receipt of application to the candidate or political
party concerned.
• All Passengers going by private aircrafts andhelicopters will be frisked both in airports andairstrips
• The candidate or Party shall inform about the travelplan of the aircraft or helicopter 24 hrs in advancefor landing and take off in non commercial airports,to DEO for security purpose
• Candidate shall inform the RO concerned within 5days of landing about the hiring charges paid orpayable for helicopter /air craft and name of thepol. Party incase hiring charges borne by it.
VIDEO VAN
• If the Video Van is used by the political party duringelection process for general party propaganda withoutmentioning the name of any candidate or without photo ofcandidate except star campaigner of any constituency,then it shall be booked to party account, which shall bereported within 75 days by the party after completion ofelection in case of Assembly election or within 90 days incase of Lok Sabha election.
• (ii) If the name(s) or photo(s) of candidate(s) are displayedor any posters/banners of the candidate(s) are displayedthereon and the van is used in his constituency, then theexpenditure has to be accounted for by such candidate(s).
Monitoring of expenses on construction of barricades &
rostrums
• If expenses on construction of barricades/ rostrums etc.
are made by Government agencies on account of
security considerations, it should be booked as
expenditure of the candidate in whose constituency the
meeting takes place.
• If a group of candidates are present at the time when the
leader of a political party addresses such a meeting, the
expenditure will be apportioned equally amongst them.
• The DEO shall obtain the details of expenditure from
the concerned government agencies within three days of
the event and intimate to the candidates their respective
share of expenditure.
98
In case of private agency -R.O. Shall call for the
information of expenditure from such agency within
three days. If any travel agency is engaged to provide
the transport facility, the R.O. Shall call for the
expenses details from such agencies within 3 days.
This information will also be intimated to the RO and
DEO of the constituency/ district if any such
candidate belongs to another district.
This information should also be given to the
accounting team of respective candidates for entering
in the shadow expenditure register.
DEO to call for reports from the SHG/NGOs for
their activities during the election period to
check undue distribution of money/materials
for campaign purpose every alternate day
during the election period .
MONITORING OF ACCOUNTS OF SELF
HELP GROUPS
•DEO to arrange meeting with citizen
forum/ngos etc. to get appropriate information
about distribution of tokens by political
parties/candidates for bribing voters & to keep
close watch on such activities during the
election period.
Checking distribution of tokens to be
exchanged for gifts or cash
DEO to monitor disbursement of wages in govt
schemes ( in no way wages in excess of normal rate
be given) and to ensure that no arrear or advance is
disbursed within 72 hours of the day of poll
CHECKING DISTRIBUTION OF CASH BY
CANDIDATES/POLITICAL PARTIES ALONG WITH
DISBURSEMENT OF WAGES UNDER ANY GOVT
SCHEME
Monitoring of cash withdrawals from banks
•DEO to ask all banks to submit report onsuspicious withdrawal of cash from bankaccount and passing of information to theIncome Tax department on withdrawal ofcash exceeding Rs 1 lakhs• Daily reporting is to be made.
Other Instructions• If candidate attends a community kitchen, during
election campaign, (other than those organized byreligious communities and normal ceremonies likemarriage etc,) the entire expenditure will be added ashis election expenditure,
• If the vehicle permitted to any independent candidateor any other candidate is found carrying campaignmaterial of another candidate or being used forcampaign for any other candidate, the entireexpenditure on the vehicle from the date ofpermission will be added to the candidate using it forhis campaign and permission will be withdrawn
Other Instructions
The bookings of marriage halls and Mandaps to be monitored,
Distribution of gift items and cash coupons to be closely monitored,
Unusual cash deposit/ withdrawal in account of SHGs and NGOs,
Disbursal of wages under ongoing Government schemes only in presence of
Government officials during elections.
Permission of vehicles to the Contesting
Candidates and incurring the expenditure in
the accounts of election expenses.
ECI No.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015
If a candidate after obtaining permission, does not intend to
use the campaign vehicle(s) for any further period of more than
2 days, he shall intimate the RO, to withdraw the permission
for such vehicle(s).
If not followed by the Candidate, it will be deemed that the
candidate has used the permitted vehicle for campaign purpose
and the expenditure on the vehicle(s) will be booked to his
accounts of election expenses
Inspection of Accounts
• Gap between the two inspection should not be lessthan 3 days and inspection to be done in such a waythat major portion of expenses are covered underinspection,
• Candidate can have a separate additional agent to beappointed by the candidate in prescribedformat(Annexure-49) for election expenses,
• Inspection to be done in the office chamber of RO orany other Office room NOT AT THE GUEST HOUSEbetween 10AM to 5PM,
• Publicity has to be given about the contact number ofEO and time of inspection,
10
7
INSPECTION OF ACCOUNTS OF
ELECTION EXPENDITURE
• Candidates are required to produce their accountsfor Inspection 3 times or more before theExpenditure Observer (EO) or any officer authorizedby him. The RO will notify 3 dates & timing well inadvance in consultation with EO for inspection ofelection expenditure accounts maintained bycandidates,
• RO will ensure that the latest Instructions of theCommission on expenditure monitoring are given tothe candidates, in local language,
• All the teams should be trained as per the latestInstructions on EEM.
Inspection of Accounts
• The Accounting Team along with the AEO to be
present with Shadow Observation Register
and folder of evidence during inspections,
• The details of excess expenditure, if any found
based on evidences gathered, must be recorded
in writing on the register maintained by the
candidate and also on the SOR/EF and
signatures of candidate/Agent obtained on both. It
must be counter signed by EO/AEO and RO /
Accounting team head,
• Commission considers the comments of
Expenditure Observer in the register at the
time of disqualification proceedings.
Inspection of Accounts
• Instances of suspected Paid News will also be
noted in the register,
• RO to issue notice to candidate on the same day
on all such discrepancies and also on all
advertisements / Paid News,
• A photocopy of the accounts maintained by the
candidates should be obtained after each
inspection and RO will display a copy on the
notice board
11
0
Inspection of Accounts
• Notice to be issued to candidate in case of failure toproduce accounts for inspection and FIR to be filed iffailure continues (Sec 171-I of IPC),
• Withdrawal of permission for use of campaignvehicle, if the failure continues in spite of notice,
• Intimation of such withdrawal of permission tothe Flying Squad to take the vehicle out ofcampaign,
• Any member of Public can obtain copy of ShadowObservation Register after inspection, notices andreplies by candidates on payment of Re. 1/- per page.
111
REGISTRES MAINTAINED BY CANDIDATES TO BE CHECKED
DURING INSPECTIONS
• Register for maintenance of day to day a/c’s of electionexpenses by contesting candidates Refer annexure-14 ofthe instructions :
• DAILY REGISTER: PART – A (Color: WHITE PAGES)
• CASH REGISTER: PART – B (Colour: PINK PAGES)
• BANK REGISTER: PART – C (Color: YELLOW PAGES)
112
SHADOW OBSERVATION REGISTER
(SOR) & FOLDER OF EVIDENCE (FE)
• SOR is for each Contesting Candidate in a constituency(ANNEXURE-11 of the Instructions). To record allexpenses incurred on major events(publicmeetings/rallies etc.,) towards election campaign,
• All expenditure recorded to be supported by CD/Videoevidences(proper referencing) held in FE and to be cross-checked during Inspections
• Signatures of candidate/ authorized agent to be taken
• The SOR & FE to be handed to the Dy.DEO by the EOfor safe custody before leaving the constituency, underreceipt. 113
Poll day report by IT, Excise & PoliceParticulars Format To be
submitted by
To be
submitted to
Copy to
Seizure &
raids by
Excise
Annexure 67 State Nodal
Officer
ECI CEO
Seizure &
raids by IT
Annexure 68 State Nodal
Officer
ECI CEO
Seizure &
raids by Police
Annexure 69 State Nodal
Officer
ECI CEO
Affidavit of asset and Liability• To file Affidavit of Asset and Liability along with nomination
of self, spouse and dependant children as per revisedformat,
• Affidavit to contain:
I. Actual value and cost of addition to Immovable assets along with Market value,
II. Bank Deposits and Shares,
III. Actual liabilities including Govt. dues and disputed liabilities
IV. PAN of self, spouse and children and Income Tax paid as per last return,
V. Cases pending and Conviction Orders obtained
• Affidavit are to be scanned and uploaded to web site ofCEO within 24 hrs of receiving.
Learning Module of DEO 116
To file Affidavit of Asset and Liability of
self, spouse
and dependent children as
per revised format
along with nomination
Revised Affidavit to contain:
Actual value and
cost of addition to Immovable
assets along with
Market value
Bank Deposit
and Shares
Actual liabilitie
s including
Govt. dues and disputed liabilities
PAN of self,
spouse and
children and
Income Tax paid as per
last return
Cases pending
and cases of Convicti
on Orders
LODGING OF ACCOUNTS OF ELECTION EXPENSES:
• Candidates are required to lodge their accounts of electionexpenses with the DEO within 30 days of declaration ofresult along with the register of election expenses (U/s. 78 ofthe RP Act,1951)
• Documents required to be filed:
1. Part I to Part VI of Abstract statement signed by thecandidate ,
2. Certified Copy of Bank statement ,
3. Affidavit signed by the candidate
4. Register of Day-to-day Accounts with all bills and vouchers inoriginal duly signed,
5. Copies of expenditure related notices issued by RO andreplies to such notices,
6. Replies to discrepancies pointed out at the time ofInspection,
FILING OF PART ELECTION EXPENDITURE STATEMENT ATTRIBUTED TO
CANDIDATES BY POLITICAL PARTIES
ECI No. 76/INSTRUCTIONS/2015/EEPS/VOL. II DATED 8TH SEPTEMBER,
2015
Political parties to file a part election expenditure statement
attributed to the candidates within 30 days of declaration of results
of elections.
Election expenditure of the unrecognized parties attributed to thecandidates and filed within 30 days of declaration of results shall
be put on the website of the CEO within 3 days of receipt
All other instructions contained in the Commission’s No.
76/EE/2012-PPEMS dated 21st January, 2013 and No.
76/PPEMS/Transparency/2013 dated 29th August, 2014 will continue
to be in effect.
e-FILING OF STATEMENT OF ELECTION EXPENDITURE BY POLITICAL PARTY
The Election Commission of India vide its letter
No.76/EE/2012/PPEMS, dated 21st January, 2013 had prescribed a
format for filing Statement of Election Expenditure by the Political
Party within 75 days of Assembly elections or 90 days of LokSabha
Elections .
Now, e-filing facility has been provided and it is desired that
Political Party should file their Statement of Election Expenditure on-line through internet.
e-filing has the facility to modify the entries, any time before its final
submission. The e-filed Statement of Election Expenditure can be
seen by the political parties, before taking printout, of the finalcopy.
RECENT MODIFICATIONS IN THE PROCEDURE OF DEO’S
SCRUTINY & SUMMARY REPORT
(Order no 76/Instructions/2013/EEPS/Vol. IV/334-368, dated,
24.12.2013)
1. Candidates to file accounts of Election Expenditure within 30
days from the date of declaration of result, which is the
statutory time limit.
2. As soon as the accounts are received, the Abstract Statement
needed to be scanned and uploaded in the website of the CEO
within 3 days of receipt by DEOs for dissemination among
public.
3. If any discrepancy/ies in any item of expenditure is noticed vis-
à-vis SOR/FE after receipt of accounts and if no notice was
issued earlier, DEO shall, with the assistance of AEO, issue
notice to the concerned Candidate within 2days of receipt of
accounts and ask the candidate to submit his/her reply within
3days of service of notice.
4. If no reply is received from the candidate within 3 days as
stated above, DEO shall dispose of the case on merits in
consultations with the Expenditure Observer.
5. Decision of the DEO shall needed to be communicated to the
candidate and shall have to be incorporated in the DEO’s
Scrutiny Report.
6. DEO shall have to enter the above data onto the EEMS
software within 3 days after finalisation of the Scrutiny Report
7. Expenditure Observer shall remain present for 7 days during
his 3rd visit to the constituency and DEO to finalise his Scrutiny
and Summary Report by that period and forward the same to
CEO.
8. CEO to send the said Scrutiny and Summary Report(s) of the
DEO to the Election Commission of India within 2 weeks of
receipt of the same.
Not lodging account in manner
o Election Expenditure Register comprising of
Day to Day Account Register + Cash
Register+ Bank Register + Abstract
Statement (Part I to Part VI) + Bills and
Vouchers (serially numbered) if not lodged
with the DEO office,
o Abstract Statement ( Part I to Part VI ) as
well as Affidavit annexed with it not signed
by the candidate himself. (both these
should be singed by the candidate himself).
Not lodging account in manner
o Bills and vouchers are not signed by thecandidate or his election agent,
o In case of discrepancy on any item ofexpenditure, pointed out byRO/Expenditure Observer/designatedofficer during inspection of register, theexplanation along with reason for thediscrepancy on such items not enclosed,
o Self certified copy of the bank statementnot submitted,
o Any amount not correctly reflected by thecandidate or understatement of anyamount of expenditure.
District Expenditure Monitoring
Committee ( DEMC)
• Notice is to be given to candidate by the DEO
when expenditure incurred by the candidate
/agent after last day of inspection is not shown
correctly in the expenses statement as
submitted to the DEO within 30 days of
declaration of result ,as compared with the
expenditures recorded in the SOR
• To be done within 24 hours of the submission
of the account
• Reply of the candidate is to be submitted within
48 hours of the receipt of the notice .
• Reference is to be made to District
Expenditure Monitoring Committee when
candidate/election agent disputes the
suppressed expenditure as found with Shadow
Observation Register.Member s of the DEMC
1. Expenditure Observer in charge of the
constituency
2. DEO
3. Dy DEO/officer in charge of Expenditure
Monitoring of the district
• Reference is to be filed within 48 hrs of receipt
of notice from RO .
• Decision by District Expenditure Monitoring
Committee is to be taken within 72 hours from
the date of receipt of the reply from the
candidate.
• DEO to decide the case of disagreement of the
candidate to above in consultation with the
Expenditure Observer and mention the same in
the Scrutiny Report
• To be done within stipulated period of
submission of the Scrutiny Report.
DEO’s Scrutiny Report : ( Annex-21)
• DEO to make comment at Sl. no.8, prescribed format:-whether candidate has submitted his Expenditure Register (Part A, B,C), Abstract Statement (Part I to VI) along withAffidavit sworn by candidate before Magistrate of first classor Oath Commissioner or Notary Public, vouchers ofexpenses singed by candidate/Agent, Self certified copiesof the Bank Account,
• DEO`s to make comment at Sl. no.10(a) on whetheritems of expenses reported by candidate tally with thoseshown in Shadow Observation Register.
• Any understatement or not mentioned any expenses ,hasto be shown in relevant columns of 10(b) with properevidences collected by various teams on ExpenditureMonitoring.
• A consolidated Summary report of all candidates is to besubmitted by the DEO along with the Scrutiny reports
AFFIDAVITS OF ASSETS AND
LIABILITIES etc.
• The DEO/RO must get a
scanned copy of such
affidavits filed by the
candidates uploaded on the
website preferably within 24
hrs. of receipt.Lear
ning
Mod
ule
of
DEO
12
8
Role of DEO
– The DEO shall notify the rates of items of election
expenditure on which election expenditure will be
assessed within 3 days of announcement of elections by
the Commission
– He will hold a meeting of all recognized National and
State level Political Parties within 3 days of the
announcement of elections by the Commission to
explain the process of expenditure monitoring, legal
provisions relating to election expenditure and
consequences of non-compliance of these provisions.
– He shall scrutinize the statement of accounts of
election expenditure submitted by the candidates after
the declaration of results with the help of the Expenditure
Monitoring Cell and the Observer and submit a report to
the Commission.
129
Role of DEO
– The DEO is responsible for the entire expenditure
monitoring effort in the district.
– The DEO will be assisted by the Expenditure Monitoring
Cell and various teams.
– The DEO shall extend all help to the RO, the Observer and
the Asst. Expenditure Observers in performing their
functions.
– The DEO shall prepare a list of Central Government and
Central PSU employees and give it to the Observer for
appointment of Asst. Expenditure Observers.
– The DEO shall provide logistical support to all the
expenditure monitoring teams.
130
Role of DEO• He shall make appeal to public about restrictions on
carrying cash
• He shall give wide publicity about the Call centre and complaint monitoring mechanism
• He shall involve NYKs, NSS and other citizen forums to inform about distribution of cash and other gift items among electors
• He shall appeal to public and students for ethical voting and educate them that both receiver and giver of bribe will be punishable
• He shall be responsible for training of the manpower engaged in Expenditure monitoring teams and election agents
Role of DEO• Data entry of the scrutiny reports is to be done by
DEOs as per software provided by the commission
• Scanned copy of Abstract statements are put inwebsite of the CEO within 3 days of lodging ofaccounts
• Send Scrutiny reports in consultation withExpenditure Observer
• Preserve the SOR and Folder of evidence forproduction before the commission
• Pursue the cases where FIR is lodged
• Send monthly report to CEO on pending cases ofscrutiny
• Send reports about Party expenses during electionto CEO within 35 days of declaration
Role of CEO• Overall responsibility for free and fair election in the state and excess money power
is curbed effectively
• CEO receives the list of Star Campaigners within a week of notification from all Pol.
Parties and sends it to all DEOs and ROs
• CEO communicates all instructions of the Commission to Pol. Parties and
candidates in local language
• CEO organizes a meeting with all Political parties about the new instructions and
hands them copy of the new Instructions and trains all officials and DEOs and SPs
• CEO sends the DEO Scrutiny report with his comments
• CEO sends report about expenses of Pol. Parties during election to the Commission
• Chief Electoral Officers have to compile the details of seizure in
the prescribed formats (Annexure 50) after taking necessary inputs from the Nodal
Officer of Police, IGP, DEOs etc. and DG Income Tax (Inv), and furnish the same
to the Commission within 7 days of completion of poll.
133
Role of political party
• DEO to report to CEO within 35 days of declaration
of result on expenditure incurred by the party on
general party propaganda seeking support for the
party & its candidate/s in general.
• Will include estimation of expenditure on political
rallies made by the political party between
announcement of election & notification of election
through videography and submit report to CEO.
• Expenditure made by party without reference to any
particular candidate /s shall be reported to the ECI in
prescribed format within 75 days of Assembly poll
and 90 days of Loksabha poll.
Role of political party
• Submission of list of Star campaigners to
CEO/ECI -within 7 days of notification of election
• Submission of statement of election expenses
to Commission mentioning the lump sum
amounts given to candidates, expenses of travel
of star campaigners, expenditures on campaign
materials etc- within 75 days of Assembly poll
and 90 days of Loksabha poll.
• Submission of list of donations to Commission &
audit of accounts - within prescribed time
Thanks