This document provides information and guidance for master trainers on monitoring election expenditures during Assembly elections in 2013. It discusses how money plays an important role in multi-party democracies but can also undermine fairness and inclusion. It outlines various illegal and illegitimate ways that cash can be distributed to influence voters. The document then describes the legal provisions around election expenditures and monitoring mechanisms like flying squads, video surveillance teams, and expenditure observers. It provides examples of how cash is transported and distributed to voters and discusses preventive methods like promoting ethical voting.
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The presentation covers the roles and activities of the Election Commission of India. It also contains information about the history, powers, tenure, people, function, and significance of the ECI.
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The Parliament has been advisedly charged with the power and the duty of enforcing the ‘obligation of the minister to follow the directions given in the Instrument of Instructions’ and ‘to compel the ministry to give proper advice to the President
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
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Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
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2. USE OF MONEY POWER
Without Money, Multi-party democracy
cannot function
But ‘Money Power’ involves certain risks:
Uneven Playing
competition,
field
and
Political Exclusion – Certain sectors face
disadvantage,
Co-Opted politicians under campaign debts,
Tainted Governance
undermined.
and
lack
Rule
of
of
fair
Law
2
3. The spirit of democracy is not
a mechanical thing to be
adjusted by abolition of
forms. It requires change of
hearts.
Democracy
is
something that gives the
weak the same chance as
strong.
-Mahatma Gandhi
3
4. MONITORING: RELATED ISSUES
Carrying cash is not illegal under any Law
and is not anathema to regular business
But if it is undisclosed,
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
Income
Tax
5.
6. “MANIFESTO OR MONEYFESTO”
If you promise to give (Manifesto),
it’s ok but if you actually give
( distribute), its not ok…
People know our politicians well..
so they don’t go by “manifesto” but
they go by “ moneyfesto”
7. NOTHING OFFICIAL ABOUT IT…
Ceiling Limit
for a
candidate
Is there any
Celing Limit
for an
Agent of
Candidate?
So,….
9. Where election expenses
(legal/illegal) come from?
Through cash donations from large,
medium and small companies
Through 'cuts' from funds allocated to
public-private
partnership
(PPP)
projects, large civic works
Funds from business houses in locality
Various funds meant for public works
and also from tender approvals
Transfers of officials
10. WHERE MONEY GOES?
Posters and banners
Wooing voters: gifts like food, clothes, trips and individual
benefits.
Rent-a-crowd: price ranging from Rs 100 to Rs 500.
Dummy candidates: to cut into the rival's votes.
Commuting costs: Provision of petrol and diesel for
campaigners
Temporary offices: On an average, Rs 10,000 to Rs 15,000 a
day
Full-time party workers: Each candidate has at least 100150 full-time party workers - paid daily ranging from Rs
200 to Rs 1,500.
Transport: To ferry voters jeep/taxi costs from Rs 6,000 to
Rs 10,000 a day for meetings/rallies.
11. Tamil Nadu elections : VIDEO
Let
us watch a video on the cash
seizures made during general
elections
to
Tamil
Nadu
Assembly.
11
12. LEGAL PROVISIONS :
The Representation of
the People’s Act, 1951
The Conduct of Elections
Rules, 1961
Instructions of
Commission
Indian Penal Code, 1860
Income Tax laws
13. TYPES OF ELECTION EXPENDITURE
Election expenditure can be classified
into two types on the basis of legal
provisions
Expenditure
permissible under the
law
[public
meetings,
posters, banners, vehicle
etc.]
Ceiling for
Expenditure
See rule 90 of the CE
Rules, 1961
Illegal
expenditure
[Distribution of money, Gifts,
liquor or any other item
among electors with the
purpose of influencing them]
Such
type
of
expenditure of election
expenses
of
the
candidate is stopped
13
14. MAJOR LEGAL PROVISIONS RELATED TO
ELECTION EXPENDITURE MONITORING
RP
Learning Module of RO/ARO
AC
T
,1
95
1
14
22. ELECTION EXPENDITURE: CASE LAW
The
Hon’ble
Supreme
Court
in
L.
R.
Shivaramagowde Vs. T.M. Chandrashekhar - AIR
1999 SC 252 has observed that the Election
Commission of India:
Can go into the correctness of the account of
election expenses filed by the candidate, and
Disqualify a candidate under section 10 A of
the
Representation of the People Act, 1951 in case the
account is found to be incorrect or untrue.
Grounds:
1. The candidate does not lodge an account of election
expenses in time and manner.
22
2. The account lodged by the candidate is incorrect and
untrue.
23. 1. Cash in envelopes in morning newspapers pushed beneath the door of
the voter.
2. Inside Morning Milk pouch, along with cash in an envelope to the voter.
3. Through Self Help Groups (SHG) for onward distribution among women
voters.
4. Through pawnbrokers by reimbursing the short term loan taken by
voters, by mortgaging jewellery.
5. Paying cash as incentive for not casting vote by the committed voters of
other rival candidate, if such voter shows his finger without indelible ink
after election.
6. Cash given in advance before notification of election to the local leaders
for distribution among voters.
7. Cash given through community feasts under the plate or banana leaf.
8. Cash given in the name of MGREGA, DWACRA and other government
projects.
9. Cash given to dummy candidates for using the permission obtained by
them for the campaign vehicles or political agents.
10.Cash given to certain non-serious persons of a locality to contest to
divide votes of rivals.
24. 11.
Cash given to Leaders of rival political parties, rival candidates not
to seriously campaign in elections.
Black Money raised by party/candidate in name of coupon
12.
sale.
13.
Cash given to the polling agents of rivals candidates, to be silent,
during counting.
14.
Cash given to village headman for ensuring votes.
15.
Cash given to village fund on the eve of election for construction
of road or temple or school, etc.
16.
Distributing Cash among the Ladies who come for “Aarti” to
candidate.
17.
Distributing Cash for those who come to attend public rally
arranged by party or candidate.
18.
Making Cash payment for the vehicles or Trucks for ferrying the
voters to the place of rally or to the polling booth.
19.
Cash given to journalists or media men to write positively about
the candidate or to write pessimistic news of rivals.
20.
Cash given to journalists/media men to blackout the news about
the rivals or to publish negative news.
25. 21.
Cash transferred through RTGS route of banks to the a/c’s.
22.
Cash given to the youth clubs on the eve of elections for
organizing cricket match, football match.
23.
Cash given for charity like organizing medical camp, melody party,
theatres etc., on the eve of elections.
24.
Distributing TVs, video recorders & projectors to village clubs.
25.
Giving cash for constructing toilets, tubewells or mobile phone
with top up cards or laptops to the voters or local leaders.
26.
Organizing mass marriage functions during election process and
bearing the entire cost of marriage.
27.
Distributing SUVs or Luxurious vehicles to appease local party
leaders.
28.
Reimbursing fuel bills through negotiated deals with petrol
pumps.
29.
Promising jobs for the unemployed youth in the academic
institutes or companies of the candidate.
30.
Organizing religious functions like “Prabachan” Ramayan”
“Hanuman Chalisha” etc. before elections.
26. 31.
Distribution free books to the students, just before elections.
32.
Free admission to children of influential voters of a locality in
Engineering College or medical college run by the candidate.
33.
Distributing free cows or buffalos among voters before election.
34.
Distributing free agriculture seeds and manures among the voters.
35.
Distributing free solar lamps among the rural voters.
36.
Distributing diaries, calendars, purse, T-shirt, sarees and vanity
bags.
37.
Using ‘Aarthiyas’ (commission agents) for distribution of cash
among farmers or waiving his commission demanded form the farmers.
38.
Cash given to religious leaders or leaders of a caste for ensuring
votes of their followers.
39.
Distribution of liquor, drugs, poppy husks among the voters.
40.
Organizing rallies with film stars, musicians, orchestra, important
personalities in aircrafts or helicopters to the constituency and not
showing the correct expenditure.
27. Modes of Transport of Cash
In ambulance vans
In bonnet of the car
Inside door panels of the car
On roof top of buses
In police vans
In Helicopters
28. Preventive methods for curbing the use
of Black Money
Campaign
for “Ethical voting” through
Media
Announcement
through Public address
system fitted on the vehicles of the Flying
Squads
Separate Bank account by each candidate
Involvement of school and college students in
spreading the message against bribery during
elections
Involving Civil Society Organisations, RWA.
NYKs etc
32. MEETING WITH POLITICAL PARTIES
DEO
will have a meeting with all recognised Political
Parties within 3 days of announcement of election about
the Instructions of the Commission and explain the legal
provisions and give a copy of the compendium of
instructions,
He will also discuss the various rates of expenditure and
consider their suggestions before notification of rates,
CEO will arrange facilitation training at State Level on
Expenditure
Monitoring
Measures
for
the
representatives of all registered political parties of the
state, to explain various legal provisions including the
procedures.
33. NOTIFICATION OF RATES FOR ASSESSMENT OF
EXPENDITURE
1.
3.
4.
33
2.
The list of these rates would be given by the RO to the
candidates at the time of filing of nomination papers,
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,
Any objection regarding the quantum of such rates has to
be made to the DEO within 24 hours of notification,
To obtain airing charges from media houses with reference to
campaigning through electronic media.
34. RATES OF ITEMS TO BE FIXED AFTER CONSULATATION
WITH POLITICAL PARTIES:
Learning Module of RO/ARO
34
35. TWO TRAINING PROGRAMMES
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, regarding the procedure for filling up the forms of
Abstract Statements of Election Expenses and affidavits,
consequences for failure and other legal provisions.
The
36. NEW EXPENDITURE MONITORING MACHINERY
Expenditure
Observer (EO)
Asst. Expenditure Observer (AEO)
Flying Squad and Static Surveillance
Teams (FS and SST)
Video Surveillance Team (VST)
Video Viewing Team (VVT)
Accounting Team
Media Certification and Monitoring
Committee (MCMC)
District Expenditure Monitoring
Committee (DEMC) Liquor monitoring Team
36
37. DEO
Expenditure Observer
Expenditure
Monitoring Cell
R.O.
MCMC
(Dist./ State Level)
DEMC
VVT
VST
Public
meeting/Rally
Accounting Team
(SOR / FE )
AEO
Expenditure monitoring
control room
24x7 Call Centre
SST – Check
post monitoring
teams
F S- complaints of
cash transactions
/freebies
Illegal Expenditure.
38. EXPENDITURE OBSERVER (EO)
38
To be appointed by the Commission.
EO’s are responsible for overall supervision of
expenditure monitoring for two or more 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
39. STRUCTURE AND FUNCTIONS
Expenditure
Observers for each district not more than
five Assembly constituencies
Assistant Expenditure Observer for each constituency
More
number of Observers and Assistant Observers in
ESC (Expenditure sensitive constituency)
More
number of Flying Squads and Static Surveillance
teams with man power from central Govt. and central
PSUs and CPF
40. ROLE OF DEO
He shall make appeal to public to avoid carrying huge
amount of cash during election process,
He shall give wide publicity about the 24X7 - Call
centre and District Complaint monitoring Cell,
He shall involve NYKs, NSS and other citizen forums
to get information about distribution of cash and other
gift items for inducement of electors,
He shall appeal to public and students for ethical
voting and educate them that both receiver and giver of
bribe are punishable as per law,
He shall be responsible for training of the manpower
engaged in Expenditure monitoring teams and election
agents.
41. 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,
42. EXPENDITURE MONITORING CELL (EMC)
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,
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.
48. SEPARATE BANK ACCOUNT
1.
2.
48
The candidate is required to open a separate bank account
for election expenditure, at least one day prior to filing of
his nomination papers.
It can be opened in joint name of the candidate and his
election agent, anywhere in the state.
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.
The account can be opened in any bank, including cooperative banks and Post Office.
At the time of filing the nomination the candidate will
communicate the account number of this bank account to
the RO in writing.
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.
3.
4.
5.
6.
49. SHADOW
(SOR) &
OBSERVATION
REGISTER
FOLDER OF EVIDENCE (FE)
SOR is for each Contesting Candidate in a
constituency (ANNEXURE-11 of the Instructions).
To record all expenses incurred on major
events(public meetings/rallies etc.,) towards
election campaign,
All expenditure recorded to be supported by
CD/Video evidences(proper referencing) held in
FE and to be cross- checked during Inspections
Signatures of candidate/ authorized agent to be
taken
49
The SOR & FE to be handed to the Dy.DEO by the
EO for safe custody before leaving the
52. STATIC SURVEILLANCE TEAMS
(SST)
•
There shall be two or more Static Surveillance Teams
in each AC with one magistrate, 3-4 Police personnel
and one videographer.
•
They will be responsible for putting the check post on
major road/arterial road to check movement of illegal
cash/liquor/arms or gift items
•
There should be surprise element in putting the
check posts so that one can not anticipate about
its placement. The Flying Squad of the district
will supervise the posting of the Static
Team/Check Post so as to avoid any harassment of
public.
53. STATIC SURVEILLANCE TEAMS
The entire activity at the check post should be video
graphed and the DVD handed over to Accounting Team,
for keeping in `folder of evidence`.
Any member of public may ask and take copy the Video
DVD/CD for a particular day by depositing Rs. 300/-.
It will submit a Daily Activity report in prescribed
format (Annexure-9) to SP, RO and Assistant Expenditure
Observer ,
The Nodal Officer at Police Headquarters at State
level will compile the Daily Activity reports of Flying
Squads and Surveillance Team and send to the CEO and
Commission.
EO to have coordination meeting with all law
enforcement agencies of district and the teams.
56. STANDARD OPERATING PROCEDURE : SOP
During checking by SSTs, if any cash exceeding
Rs.50,000 is found in a vehicle carrying a candidate, or
his agent or party worker or carrying posters or election
materials or any drugs, liquor, arms or gift items(valued
more than Rs. 10,000) which are likely to be used for
inducement of electors or any other illicit articles are
found in a vehicle, the same shall be subject to
seizure. Whole event of checking/seizure to be video
graphed by video team submitting CD to R.O.,
An Appeal is to be made by DEO and CEO in local
language through Flying Squads / media regarding the
enforcement measures & advising the public and
political functionaries not to carry huge cash during
election process.
57. Visit of Expenditure Observer
To reach the constituency on the day of notification of
elections,
EO to leave the constituency after submitting the poll
preparedness report-I,
2nd Visit on date immediately after the date of
withdrawal of candidature and remain in the
constituency during entire campaign period and leave
the constituency only after the completion of poll and
sending his Report-III,
3rd visit after 30 days from declaration of results to
assist in finalisation of scrutiny report prepared by
DEO. He will send his final(IV) Report after that.
58. INSPECTION OF ACCOUNTS OF
ELECTION EXPENDITURE
Candidates
are required to produce their accounts
for Inspection 3 times or more before the
Expenditure Observer (EO) or any officer authorized
by him. The RO will notify 3 dates & timing well in
advance in consultation with EO for inspection of
election expenditure accounts maintained by
candidates,
RO will ensure that the latest Instructions of the
Commission on expenditure monitoring are given to
the candidates, in local language,
All the teams should be trained as per the latest
Instructions on EEM.
59. INSPECTION OF ACCOUNTS
Gap
59
between the two inspection should not be less
than 3 days and inspection to be done in such a way
that major portion of expenses are covered under
inspection,
Candidate can have a separate agent for election
expenses,
Inspection to be done in the office chamber of RO or
any other Office room NOT AT THE GUEST HOUSE
between 10AM to 5PM,
Publicity has to be given about the contact number of
EO and time of inspection,
60. INSPECTION OF ACCOUNTS
The Accounting Team alongwith 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.
61. INSPECTION OF ACCOUNTS
Instances
of suspected Paid News will also be
noted in the register,
to issue notice to candidate on the same
day on all such discrepancies and also on all
advertisements / Paid News,
A
61
RO
photocopy of the accounts maintained by
the candidates should be obtained after each
inspection and RO will display a copy on the
notice board
62. INSPECTION OF ACCOUNTS
Notice
to be issued to candidate in case of failure to
produce accounts for inspection and FIR to be filed if
failure continues (Sec 171-I of IPC),
of permission for use of campaign
vehicle, if the failure continues in spite of notice,
62
Withdrawal
Intimation
of
such
withdrawal
of
permission to the Flying Squad to take the
vehicle out of campaign,
Any
member of Public can obtain copy of Shadow
Observation Register after inspection, notices and
replies by candidates on payment of Re. 1/- per page.
63. REGISTRES MAINTAINED BY CANDIDATES TO
BE CHECKED DURING INSPECTIONS
Register for maintenance of day to day a/c’s of election
expenses by contesting candidates Refer annexure-14 of the
instructions :
DAILY REGISTER :
PART
-A (Color: WHITE
PAGES)
CASH
PART
-B
PAGES)
BANK
REGISTER:
(Color:
PINK
REGISTER: PART -C (Color: YELLOW
PAGES)
63
64. 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
64
65. ASSISTANT EXPENDITURE OBSERVER
One Asst. Expenditure Observer (AEO)
for each Assembly segment:
AEO’s should be from Income Tax, Central
Excise, Audit and Accounts or Central
PSUs - of the rank Group ‘B’ Central
Govt. Officers.
AEOs
are appointed from date of
announcement of election by DEO.
He would assist the Expenditure Observer
and the DEO in scrutiny of the account
election expenses submitted after the
declaration of result.
66. STAR CAMPAIGNERS
All
Passengers going by private aircrafts and
helicopters will be frisked both in airports and
airstrips
The candidate or Party shall inform about the travel
plan of the aircraft or helicopter 24 hrs in advance
for landing and take off in non commercial airports,
to DEO for security purpose
Candidate shall inform the RO concerned within 5
days of landing about the hiring charges paid or
payable for helicopter /air craft and name of the pol.
Party incase hiring charges borne by it.
67. STAR CAMPAIGNER
List
of Star campaigners to be submitted to CEO or the
Commission within 7 days of the notification
Travel expense of star campaigners of allied party are
not exempt
If the Star campaigner travels with candidate or media
person, then 50% of the travel expense will be added
to the candidate
If the candidate shares the Pandal with the Star
Campaigner or his photo or poster with his name is
exhibited in the meeting, then the meeting expense
will be added to his account
If any attendant, Security Guard, Medical attendant or
any person including any member of the party not
being a candidate in the constituency and not playing
any role in election campaign for the candidate
68. 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 alongwith expenditure
plan for obtaining due permission
This is necessary for maintenance of law
and order and proper video recording of
events.
69. RALLY EXPENSES
All
public rallies and Public meetings (even before
notification and after announcement) to be
videographed
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 in
expense
Notional cost of fuel and driver salary of one Personal
vehicle used by the candidate to be added (Notional
cost of hiring in case of more than one personal
vehicle used)
One vehicle of district level party officer ( Not being
the candidate) exempted
70. PRINTING PAMPHLETS, BANNERS
AND POSTERS
The
print and electronic media, cable network and FM
radio will be closely monitored
Prior approval of CEO before any broadcast or telecast
Press or publisher’s name and address, number of copies
and amount charged to be mentioned in all printed
material including media advertisements and sent to
DEO immediately
Advertisement in Print media to be covered under
section 127A of RP Act,1951
(copy of the printed material and declaration from the
publisher to be sent by the printer to CEO or DEO)
71. MONITORING OF VEHICLES
Candidates
to submit before the RO details of
vehicles proposed to be used and obtain
permission in writing
Permission
letter to be displayed on the wind
screen of vehicle
Permission
given to a particular candidate being
used by another, vehicle to be seized and exp.
For entire period to be added
72. OTHER INSTRUCTIONS:
If
candidate attends a community kitchen, during
election campaign, (other than those organized by
religious communities and normal ceremonies like
marriage etc,) the entire expenditure will be added as
his election expenditure,
If
the vehicle permitted to any independent candidate
or any other candidate is found carrying campaign
material of another candidate or being used for
campaign for any other candidate, the entire
expenditure on the vehicle from the date of permission
will be added to the candidate using it for his campaign
and permission will be withdrawn
73. MONITORING PRODUCTION, STORAGE
AND DISTRIBUTION OF LIQUOR
From
the date of announcement of election, the production, offtake, stock limits of stockists and retailers of IMFL/Beer/country
liquor are to be monitored district wise,
Opening and closing of liquor vending shops are to closely
monitored,
Intensive vigil over inter state movement of vehicles at RTO
check-posts and border check-posts by special enforcement staff of
Excise Deptt.,
To conduct raids to seize illicit liquor,
Inter state coordination of Excise Commissioners of the
bordering states,
District level Nodal Officer to submit report every alternate day to
DEO, Exp. Observer and State Level Nodal Officer, who will
compile the state level report to Commission and CEO
(Annex.22).
74. Other Monitoring Measures
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.
75. LODGING OF ACCOUNTS OF ELECTION EXPENSES:
Candidates are required to lodge their accounts of election
expenses with the DEO within 30 days of declaration of
result along with the register of election expenses (U/s. 78 of
the RP Act,1951)
Documents required to be filed:
1. Part I to Part VI of Abstract statement signed by the
candidate ,
2. Certified Copy of Bank statement ,
3. Affidavit signed by the candidate
4. Register of Day-to-day Accounts with all bills and vouchers in
original duly signed,
5. Copies of expenditure related notices issued by RO and
replies to such notices,
6. Replies to discrepancies pointed out at the time of
Inspection,
76. AFFIDAVIT OF ASSET AND LIABILITY
To file Affidavit of Asset and Liability along with nomination of
self, spouse and dependant children as per revised format,
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 of CEO
within 24 hrs of receiving.
77. NOT LODGING ACCOUNT IN
MANNER
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).
o
78. NOT LODGING ACCOUNT IN
MANNER
o Bills and vouchers are not signed by the
candidate or his election agent,
o In case of discrepancy on any item of
expenditure,
pointed
out
by
RO/Expenditure
Observer/designated
officer during inspection of register, the
explanation along with reason for the
discrepancy on such items not enclosed,
o Self certified copy of the bank statement
not submitted,
o Any amount not correctly reflected by
the candidate or understatement of any
amount of expenditure.
79. DEO’S SCRUTINY REPORT : ( ANNEX-21)
At Sl. no.8, prescribed format:- whether candidate
has submitted his Expenditure Register ( Part A, B,C),
Abstract Statement (Part I to VI) along with Affidavit
sworn by candidate before Magistrate of first class or
Oath Commissioner or Notary Public, vouchers of
expenses singed by candidate/Agent, Self certified
copies of the Bank Account,
Sl. no.10(a) of DEO`s Report:- The most important
column which may cause the issue of Notice for
disqualification to candidate- by the Commission. DEO
has to mention as to whether items of expenses
reported by candidate tally with those shown in
Shadow
Observation
Register.
If
there
is
understatement or candidate has not mentioned any
expenses then it has to be shown in relevant columns
of 10(b) with proper evidences collected by various
teams on Expenditure Monitoring kept with the DEO.
81. AFFIDAVITS OF ASSETS AND
LIABILITIES ETC.
The
81
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
83. DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC)
Where no reply is submitted by candidate / his election agent within
48 hours of receipt of the notice, then suppressed amount shall be
treated as final and shall be added to his election expenses.
If candidate / his election agent disputes the suppressed expenditure,
he shall submit the reply mentioning the reasons for disagreement
and the same shall be forwarded to the District Expenditure
Monitoring Committee (DEMC) consisting of the following:
(a)Expenditure Observer in charge of the Constituency
(b)DEO
(c) Dy. DEO/Officer in charge of Expenditure Monitoring of the
District.
The DEMC shall decide the case after examining the evidence
mentioned in the notice and reply of the candidate, preferably within
72 hours from the date of receipt of the reply from the candidate,
whether such suppressed expenditure shall be added or not
Lear
After the order by DEMC, the DEO may consider to include ning
such
Mod
expenses in the account of such candidate while sending ule
the
scrutiny report of the candidate to the Commission after election. of
83
DEO
84. DISTRICT EXPENDITURE MONITORING
COMMITTEE (DEMC)
84
If any item of expenditure authorized/ incurred by the
candidate / his agent after the last date of inspection of his
account is not shown correctly in his account submitted within
30 days of declaration of result, as recorded in the Shadow
Observation Register, a notice is issued/ served on the candidate/
his agent by DEO within 24 hours. The candidate shall submit
his reply to DEO within 48 hours of the receipt of such notice
explaining his position.
If candidate does not submit any reply on the suppressed
amount of election expense or disagrees with such suppressed
amount, the DEO, in consultation with the Expenditure
Observer, shall decide the case after considering such reply and
intimate his decision to the candidate/agent and also mention
the same in his scrutiny report submitted to the Commission.
The notice, the reply by the candidate to the notice and decision
of the DEO shall be displayed on the Notice Board.
If candidate does not file his statement of election expenses
Lear
without any valid reasons within the stipulated period ofning
30
days from the day of declaration of result, then the DEO shall
Mod
ule
send the report to the Commission mentioning such default with
of
his recommendation.
DEO
85. SOP: CHECKING OF HELICOPTERS/
AIRCRAFT
The Bureau of Civil Aviation Authority Instruction vide its OM dt.
14.02.12
During election process proper frisking and preembarkation, checking
of all persons, screening/ phy. 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 of
landing or takeoff. The CEO to share this info. With EO for
accounting purpose.
85
86. 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.
86
87. ROLE ASSIGNED TO:
INCOME TAX DEPARTMENT
To
gather intelligence/ keep watch over
movement of cash in the constituency and take
necessary action under IT Laws
To watch all airports of the state, major railway
stations, 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,
88. TRY THIS
Expenditure will never exceed the
ceiling limit !
He will know how to balance earnings
& expenditure!
89. TELEFAX NO. / E-MAIL ID FOR REPORTING
Sh. Avinash Kumar, Under Secretary (EE Div.)
- Tel: 011 23052055, 9868911976 avinash.kr@eci.gov.in .
Sh. Malay Mallick, Under Secretary (EE Div.)
- Tel: 011 23052058, 9868113451 malay.mallick@eci.gov.in .
Address- Nirvachan Sadan, Ashoka Road, New Delhi-01
Sh. S.K. Rudola, Secretary , Fax: 011- 23052049, 9013308437
(e-mail: skrudola@eci.gov.in)
Sh. B. B. Garg, Jt. Director, Fax: 011- 23052003, 08130920555
(e-mail: bbgarg@eci.gov.in)
In case of urgency:Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 01123318506, 09868301742
e-mail: prasana.dash@eci.gov.in