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The Election Commission has issued guidelines regarding the code of conduct for elections, emphasizing prohibitions on new welfare schemes and government projects that could influence voters. It also mandates a ban on transfers of election-related officials and misuse of official machinery during the election period. Additionally, a detailed list of 'Dos' and 'Don'ts' for candidates and political parties has been provided to ensure fair electoral practices.

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12 views14 pages

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The Election Commission has issued guidelines regarding the code of conduct for elections, emphasizing prohibitions on new welfare schemes and government projects that could influence voters. It also mandates a ban on transfers of election-related officials and misuse of official machinery during the election period. Additionally, a detailed list of 'Dos' and 'Don'ts' for candidates and political parties has been provided to ensure fair electoral practices.

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INSTRUCTION SI. No. 1 Election Commission's etter No, 464/INST/2007-PLN-I Dated: 07.01,07addressed to The Chief Secretaries and the Chief Electoral Officers ofall States and Union Territories. Subject: CODE OF CONDUCT - DOs & DONT's « ‘The Commission has issued varlous instructions on observance of code of conduct from time to time, Important aspects of the code of conduct are reiterated below: OmWelfare schemes and governmental works: 1. Announcement of new projects or programme or concessions or financial grants in any form or promises thereof or laying of foundation stones, etc, which have the effect of influencing the voters in favour of the party in power is probibited. 2, ‘These restrictions apply equally to new schemes and also ongoing schemes. But ft {does not mean that in the case of national, regional and State utility schemes, which have already been brought up to the stage of completion, thelr utilzation or functioning in public interest should be stopped or delayed. The coming into force of the Model Code of Conduct cannot be given as an excuse for not commissioning such ‘schemes or allowing them to remain idle. At the same time, it should be ensured that the commissioning of such schemes Is done by civil authority and without associating political functionaries and without any fanfare or ceremonies whatever, so that no impression is given or created that such commissioning has been done with a view to Influencing the electorate in favour of the ruling party. If in doubt, a clarification “should be obtained from Chief Electoral Officer/Blection Commission of India. 3, It is further clarified that simply because a budget provision has been made for any particular scheme or the scheme has been sanctioned earlier or a reference to the scheme was made in the address of the Governor or the budget speech of the Minister it does not automatically mean that such schemes can be announced or inaugurated or otherwise taken up after the announcement of elections while the Model Code of ‘conduct {s in operation, since they will clearly be intended to influence the voters. ‘Such actions if undertaken will be considered a violation of the model code of conduct. 6 No fresh sanctions for governmental schemes should be made, Review by political ‘xecutive (Ministers etc) and processing of beneficiary oriented schemes, even if ongoing, should be stopped sll completion of elections. No fresh release of funds on ‘welfare schemes and works should be made or contract for works awarded in any part of the state where election is in progress without prior permission of the Commission. This includes works under the Member of Parliament (including Rajya Sabha members) Local Area Development fund or MLAs / MLCS Local Area Development Fund, if any such scheme ls in operation in the state. [No work shall startin respect of which even if work orders have been issued before the model code came into effec, ifthe work has actually not started in the field. ‘These works can start only after the completion of election process. However, if a ‘work has actually started, that can continue, ‘There shall be no bar tothe release of payments for completed work(s) subject to the full satisfaction ofthe concerned officials. Commission does not refuse approval for schemes undertaken for tackling emergencies or unforeseen calamities like providing relief to people suffering from Grought, floods, pestllences, other natural calamities or welfare measures for the ‘aged, infirm etc. In these matters, however, prior approval of the Commission should be taken and all ostentatious functions should be strictly avoided and no impression should be given or allowed to be created that such welfare measures or relief and rehabilitation works are being undertaken by the Government in office so as to influence the electors in favour of the party in power which at the same time will adversely affect the prospects ofthe other parties. On Transfers and posting of officials: ‘The Commission directs that there shall be a total ban on the transfer of all officers officials connected with the conduct ofthe election, These include but are not restricted to: - {0 The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers; (ii) Divisional Commissioners; (i) 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 Gs and DIGs, Senior Superintendents of Pollce and Superintendents of Police, Sub divisional level 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) Other officers drafted for election works like sector and zonal officers, Transport cel, EVM cell, Poll material procurement & tistribution cell, Training cell, Printing Cell ete, Senior officers, wiio have a role in the management of election in the State, are also covered by this direction. (vi) The transfer orders issued in respect ofthe above categories of officers prior to the date ‘of announcement but not implemented till the time when model code came into effect should not be given effect to without obtaining specific permission from the Commission. (vt This ban shall be effective till the completion of the election process. (will) In those cases where transfer of an officer is considered necessary on account of ‘administrative exigencies, the State Government may, with full justification, approach the Commission for prior clearance. (2) No appointments or promotions in Government / Public Undertakings shall be made during this period, without prior clearance of the Commission, On Misuse of Oficial Machinery: 41. Official vehicles cannot be used for clectioneering work. ‘Official Vehicles’ include all vehicles belonging to the ~ Central and State Governments, Public Undertakings of the Central and State Government, Joint Sector Undertakings of Central and State Government, Local Bodies, Municipal Corporations, Municipalities, Marketing Boards (by whatever name known), Cooperative 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 Governments. eocccces 2. Its open for a minister of the Union or State to make private visits using his or her private vehicle(s). For such private visits, the official personal staff ofthe ministers shall not accompany them. However, ifa Minister traveling in some emergent situation, out of his HQ ‘on purely official business, which cannot be avoided In public interes, then a leter certifying to this effect should be sent from the Secretary concerned of the Department to the Chief Secretary of the state where the Minister intends to visit, with a copy to the Commission. During such tous, the Chief Secretary may provide the Minister with Government vehicle and accomunodation and other usual courtesies for his official trip. However, immediately preceding or during or in continuation of such an official tour, no minister can carry out or combine any election campaign or political activity. The Commission will keep watch on such arrangements in due consultation with ts Chief Electoral Officer. 3. NoMinister, whether of unlon or state, wil summon any election related officer of the constituency or the State, for any official discussions during the period of elections commencing with the announcement ofthe elections. Only exception will be when a Minister, in his capacity as in charge of the department concerned, or a Chief Minister undertakes an official visit to a constituency, in connection with failure of law and order or @ natural calamity or any such emergency which requires personal presence of such Ministers/Chief ‘Ministers for the specific purpose of supervising review /salvage/relief and such like purpose. 4, Ministers are entitled to use their official vehicles only for commuting from thelr official residence to thelr office for official work provided that such commuting is not combined with any electioneering or any political activity “5, Ministers, whether of the Union or State, shall not combine in any manner their official tours with election work. 6 Whether on a private or offal vst, no pilot car(s) or cars) with beacon lights of any colour or cars) affixed with sirens of ary kind shall be used by any political functonary, even {f the State administration has granted him a security cover requiring presence of armed guards to accompany him on such visit This s aplicable whether the vehicle fs government ‘owned or private owned. 7. Any official who meets the Minister on his private visit to the constituency where ‘lections are being held shall be gutly of misconduct under the relevant service rules; and if he happens to be an offictal mentioned in Section 129 (1) of the Representation of People Act, 41951, he shall also be additionally considered to have violated the statutory provisions ofthat Section and liable to penal action provided there-under. OTHER ‘DOS AND DON'TS’ FOR THE GUIDANCE OF THE CANDIDATES AND POLITICAL PARTIES TO BE OBSERVED FROM THE ANNOUNCEMENT OF AN ELECTION AND UNTIL ‘THE COMPLETION OF THE PROCESS OF ELECTION. ‘The Commission has drawn up a list of ‘Dos’ and "Don'ts' to be followed by candidates, and political parties after the announcement of elections and tll the completion of the process of elections. The Commission has directed that this be given the widest possible publicity and its contents brought to the knowledge of all candidates and political partes including in the official language ofthe State, It must be clearly brought to the notice of candidates and political parties that the lst of os’ and Donts' is only illistrative and not exhaustive and Is not intended to substitute or modify other detailed directions/instructions on the above subjects; which must be strictly observed and followed. Do's’ (2) On-going programmes, which actually started in the fleld before the announcement of elections may continue. (2) Relief and rehabilitation measures to the people in areas affected by floods, drought, pestilence, and other natural calamities, can commence and continue. (@) Grant of cash or medical faites to terminally or critically ill persons can continue with appropriate approvals. (4) Public places tke maldans must be available impartially to all parties/contesting candidates for holding election meetings. So also use of helipads must he available {impartially to all parties/contesting candidates, to ensure a level playing field. (5) Criticism of other political parties and candidates should relate to their policies, programme, past record and work. (6) The right of every individual for peaceful and undisturbed home life should be fully safeguarded. (7) The local police authorities should be fully Jnformed of the venue and time of the proposed meetings well in time and all necessary permissions taken. (8) IF there are any restrictive or prohibitory orders in force in the place of the proposed meeting, they shal be fully respected, Exemption, if necessary, must be applied for and obtained welt in time. (9) Permission must be obtained forthe use of loudspeakers or any other such facilites for the proposed meetings. (40) ‘The assistance of the police should be obtained in dealing with persons disturbing meetings or otherwise creating disorder. (21) The time and place ofthe starting of any procession, the route to be followed and the time and place at which the procession will terminate should be settled in advance and advance permissions obtained from the police authorities. (12) The existence of any restrictive orders in force In the localities through which the procession has to pass should be ascertained and fully complied with, So also all trafic regulations and other restrictions. (13) The passage of the procession must be without hindrance to trafic. (44) Cooperation should be extended to all election officials at all times to ensure peaceful ‘and order'y poll. (25) All Workers must display badges or identity cards. (46) Unofficial identity slips fesued to voters shall be on plain (white) paper and not contain ‘any symbol, name of the candidate or name of the party. (17) Restrictions on plying of vehicles during the campaign period and on poll day shall be fully obeyed. (28) (Except voters, candidates and their election/polling agents), only persons with @ specific valid authority etter from the Election Commission can enter any polling baoth. No functionary however highly placed (eg. Chief Minister, Minister, MP or MLA etc) is ‘exempt from this condition, (29) Any complaint or problem regarding the conduct of elections shall be brought to the notice of the observer appointed by the Commission/Returning Officer/Zonal/Sector Magistrate/Blection Commission of India. (20) Directions/orders/instructions of the Election Commission, the Returning Officer, and the District Election Officer shall be obeyed in all matters related to vartous aspects of election. (21) Do leave the constituency after the campaign period is over If you are not a voter or a candidate or candidate's election agent from that constituency. DON'Ts (2) Any and ali advertisements at the cost ofthe public exchequer regarding achievements of the party/Government in power Is prohibited. (2) _ No Minister shall enter any polling station or the place of counting, unless he or she isa candidate or as a voter only for voting. (3) Official workshould not atall be mixed with campaigning/electioneering. (4) No inducement, financial or otherwise, shall be offered to the voter, (5) _Caste/communal feelings of the electors shall not be appealed to. (6) No activity, which may aggravate existing differences or create mutual hatred or cause tension between different castes, communities or religious or linguistic groups shall be attempted. (7) No aspect of the private life, not connected with the public activities, of the leaders or ‘workers of other parties shall be permitted to be eritcized, {8) Other parties or their workers shall not be criticized based on unverified allegations or on distortions. (9) Temples, Mosques, Churches, Garudwaras or any place of worship shall not be used as, places for election propaganda, including speeches, posters, music etc, on electioneering. Activities which are corrupt practices or electoral offences such as bribery, undue {nfiuence, intimidation of voters, personation, canvassing within 100 meters ofa polling station, holding of public meetings during the period of 48 hours ending with the hour fixed for the close of the poll and conveyance of voters to and from polling stations are prohibited. a0) (11) Demonstrations or picketing before the houses of individuals by way of protesting against thetr opinion or activities shall not be resorted to. (12) Subject to the local laws, no one can make use of any individual's land, building, compound wall, vehicles ete for erecting flag stafs, putting up banners, pasting notices or writing slogans etc, without specific permission of the owner (to be shown to and deposited with the District Eloction Officer). (13) No disturbances shall be created in public meetings or processions organized by other political parties or candidates. (14) Processions along places at which another party is holding meetings shail not be undertaken. (45) Processionists shall not carry any articles, which are capable of being misused as missiles or weapons. {26) Posters issued by other parties and candidates shall not be removed or defaced, (17) Posters, lags, symbols or any other propaganda material shall not be displayed in the place being used on the day of poll for distribution of identity slips or near polling booths. (18) Loudspeakers whether static or mounted on moving vehicles shall not be used either before 6 a.m, or after 10am, and without the prior written permission of the authorities cancemed. (29) Loudspeakers shall also not be used at public meetings and processions without the prior written permission of the authorities concerned. Normally, such ‘meetings /processions will not be allowed to continue beyond 10.00 pm. in the night land will be further subject to the local laws, local perceptions of the security arrangements of the area and other relevant considerations llke weather conditions, {festival season, examination period, etc. (20) No liquor should be distributed during elections. (21) On the day of the poll, no person who has been assessed to be having a security threat and therefore given official security shall enter the vicinity ofa polling station premise (within 100 meters) with his security personnel. Further, on the day of the poll no such person shall move around in a constituency with his security personnel. Ifthe person provided with official security happens to be a voter also, then he or she shall restrict his / her movement - accompanied by security personnel, to voting only (22) No person who has been assessed to be having a security threat and therefore provided official security or who has private security guards for himself, shall be appointed as an clection agent or polling agent or counting agent. NOTE: The abeve list of Do's’ and_Don'ts' ison! illustrative and not exhaustive ¢ intended tp substitute an; other detated orders. directions. instructions on the obove subjects which mustbe sift observed and, allowed. ‘The clarification approval ofthe Election Commission of Indla/Chief Electoral Officer of your State should be obtained In cases of doubt. Please acknowledge the receipt ofthis letter 10 INSTRUCTION SI. NO. 2 {CI leter No. 437/6/2009-CCABE dated S* March, 2009 addressed to the Cabinet Secretary, Govt of India andthe Chief Seeretaries and Chief Electoral Officers of all States end UTS. ‘Sub: General Elections - Enforcement ofthe Model Code of Conduct - reg. Sis, J am directed to state that the Commission has considered various aspects In the context of the Mode! Code of Conduct during General Elections and decided to issue to following Guidelines regarding implementation/processing of the various projects, schemes, rural development programmers ete by the Central/State Governments := 1 [All Model Code of Conduct related directions shall be issued only by the Commission, ‘The Cabinet Secretariat or any other government agency should reiverate and disseminate the directions of the Commission for compliance. RBI may continue to take decisions unhindered on monetary policy issues. After the Model Code of Conduct comes into effect, the Ministry of Finance will need t0 take prior approval of the Commission on any policy announcements, fiscal measures, taxation related issues and such other financial relief. Similarly, other Ministries/Departments will need to take prior approval of the Commission before announcing any relief/beneft. ‘The following types of existing works can be continued by the government agencies without reference to the Bles!ion Commission after the Model Code of Conduct comes into force: 4. WorkeProjects that have actually started on the ground after obtaining all necessary sanctions; b, Beneficiary-projects where specific beneficiaries by name have been Identified before coming of the Model Code of Conduct into force; Registered beneficiaries of NREGA may be covered under existing projects. New projects under NREGA that may be mandated under the provisions of the ‘Act may be taken up only fits forthe already registered beneficiaries and the project Is already listed in the approved and sanctioned shelf of projects for which funds are also already earmarked. " ‘There shall be no bar to release of funds for the completed portion of any work subject to observance of laid down procedures and concurrence of finance department. ‘The following type of new works (whether beneficiary or work oriented) that fulfil all the following conditions before Mode! Code of Conduct comes into effect, canbe taken ‘up under intimation to she Go 4, Full funding has been tied up. nission- ', Administrative, technical and financial sanctions have been obtained Tender has been floated, evaluated and awarded and 4, There is contractual obligation to start and end the work within a given time frame and failing which there is an obligation to impose penalty on the contractor. In case of any of the above conditions not being met in such cases prior approval ofthe Commission shail be sought and obtained. Global tenders already floated, can be evaluated and finalized where any time limits are specified for such purpose. ‘Tenders other than global tenders, that are already floated may be evaluated but not finalized without prior approval of the Commission, If they are not already floated, they shall not be floated without prior approval ofthe Commission, Commission invartably takes « humanitarian view on the work that are necessitated due to man-made or natural calamities ‘a. Bxegratia payments and gratuitous relief In the aftermath of a disaster can be given directly to the persons affected at the current rates/scales of assistance presently in force, under intimation to the Commission. No change in the ‘extant and prescribed scales of payments, however, shall be made in the ‘existing rates/scales without prior permission of the Commission, 'b. Payment directly tothe hospitals from CM's/PM's Relief Fund, in lieu of direct ‘cash payment to individual patlonts (beneficiaries) will be permissible ‘without reference to the Commission, 10, Emergent relief works and measures that are almed to mitigate the hardships, directly and solely, ofthe persons affectod In a disaster may be taken up under {ntimation to the Commission. However, new works that may be necessitated by way of preventive measures to mitigate the likely effects of natural disasters like repair of embankments, water channels ete can be taken up only with prior permission of the Commission, Also, an area shall not be declared drought/flood affected or any such calamity affected without prior approval ofthe Commission. The extent of area already deciared to be calamity-effected cannot be expanded without prior approval of the Commission. Similarly, any selective assistance to 2 group of persons from the PM's or the CM's Relief Fund will require prior approval of the Commission. ‘The following type of activities will require prior vermission of the Commission: New works and project cannot be taken up from discretionary funds of ‘whatever nature, Discretionary fund, n this context, includes funds, which are provided for in the budget in a generfe manner and for which no identified and sanctioned project exists prior to Model Code of Conduct coming into effect. Proposals for revival of sick PSUs, governmental take over of enterprises ett (orany policy decision on similar lines) cannot be talcen up. Fresh auctions of liquor vends etc. cannot be held even if the annual auction lume falls within the Model Code of Conduct period.” Where necessary, the ‘government should make interim arrangements as provided in their respective laws. ‘Area of operation of any existing project/scheme/programme can not be ‘extended or expanded. No land allocation shall be made by the government to any entity, whether individual or an enterprise. Signing a MOU or an agreement where the government is a party will also ‘require prior clearance by the Commission. 3 un Regular recruitment/appointment or promotion through the UPSC, State Public Service Commissions or the Staff Selection Commission or any other statutory authority can continue, Recrultments through non-statutory bodies, will require prior clearance of the Commission. 12. ‘While starting any work (including any relief work) or developmental activity ro formal function shall be held involving any political functionary. As a matter of ‘good practice, normal functions and publicity even with the presence of official functionaries should be kept to the minimum, 13. Where works are to be undertaken or functions are to be held in fulfillment of international commitments, prior concurrence of the Commission shall be taken, 4. ‘All Government of India references to the Election Commission of India shall bbe made preferably through the Cabinet Secretariat. In so far as reference from State Governments are concerned, the same shall be made to the Election Commission of India through the Chief Electoral Officer (CEO) ofthe state concerned. ‘This may be brought to the notice ofall concern authorities. “

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