![Briefing of Master Trainers On Election Expenditure Monitoring [EEM] General Elections to Legislative Assembly](https://present5.com/presentation/3bc40aa6b7e74529f8f4851305cdf7b5/image-1.jpg "Briefing of Master Trainers On Election Expenditure Monitoring [EEM] General Elections to Legislative Assembly")
Briefing of Master Trainers On Election Expenditure Monitoring [EEM] General Elections to Legislative Assembly of Bihar, 2015
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 2
The US Secretary of the state, Hillary Clinton was more justified when she said during her visit to India in 2012, "India's Election Commission is viewed as a global standard for running democracy. " It is truly the greatest show on Earth, an Ode to a diverse and democratic ethos, where 700 million + of humanity vote, providing their small part, in directing their ancient civilisation into the future. It is no less impressive when done in a neighbourhood which includes destabilising and violent Pakistan, China and Burma. V. Mitchell , New York Times
USE OF MONEY POWER Without Money, Multi-party democracy cannot function But ‘Money Power’ involves certain risks: Ø Uneven Playing field and lack of fair competition, Ø Political Exclusion disadvantage, Ø Co-opted politicians under campaign debts, as they act as pressure group to influence policy of government Ø Tainted Governance and Rule of Law undermined. Ø Excessive, illegal & illegitimate expenditure in elections is the root cause of corruption 4 – Certain sectors face
MONITORING: RELATED ISSUES Carrying cash is not illegal under any Law but huge cash transaction creates suspicion If it is undisclosed, Department can seize Income Tax 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
NOTHING OFFICIAL ABOUT IT… Ceiling Limit for a candidate Is there any Celing Limit for an Agent of Candidate? So, ….
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
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. ] Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them] Ceiling for See rule 90 of the CE Rules, 1961 Max-PC- 70 lacs AC-28 lacs Such type of expenditure of election expenses of the candidate is stopped 8
MAJOR LEGAL PROVISIONS RELATED TO RP ELECTION EXPENDITURE MONITORING A Sec 10 A : Disqualification for failure to lodge account of election expenses Sec 77(1): Account of Election Expenses and maximum thereof Explanation 1(a) of Sec 77(1): Leaders of a Political party (Star Campaigners) • Failure to lodge an account of election expenses within time and manner required by law and has no good reason or justification for the failure • Disqualification for a period of three years from the date of order of the Commission CT , 1 95 1 • Candidate/Election agent shall keep a separate, correct account of election expenditure incurred/authorized between date of nomination & declaration of results (both date inclusive). • The Expenditure incurred by leaders of the political party on account of travel by air or by any other means of transport for general party propaganda Learning Module of RO/ARO 9
MAJOR LEGAL PROVISIONS RELATED TO RP ELECTION EXPENDITURE MONITORING A Explanation 1(a) of Section 77(1) contd…. Explanation 2 of Sec 77(1) Sec 78 : Lodging of account with District Election Officer CT • Such expenditure shall not be deemed to be the expenditure in connection with the election incurred or authorized by the candidate of that political party. , 1 95 • Maximum number of leaders of political parties- (i) For recognized party, a list of 40 names and (ii) for unrecognized party, a list of 20 names are required to be communicated to the ECI and CEOs of the States by the political party within a period of 7 days from the date of notification. • Within 30 days from the date of result, contesting candidate has to lodge with DEO “true copy” of election expenses kept by him/election agent (if 30 th day is Sunday/public holiday then next working day will be the 30 th day for lodging of account) Learning Module of RO/ARO 10 1
MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc to ct 19 Rule 86: Particular s of account of election expenses i 61 on R f ule s, • Account of election expenses to be kept by candidate/election agent to contain following items regarding daily election expenditure: • Date of expenditure incurred/authorized • Nature of expenditure • Amount of expenditure – amount paid and amount outstanding • Date of payment • Name and address of payee • Serial no. of voucher in case already paid • Serial number of bills in case of payment outstanding • Name and address of person to whom amt. outstanding is payable • All vouchers to lodged along with election expense account chronologically and serially numbered 11
![MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc Rule 87: Notice by [DEO]](https://present5.com/presentation/3bc40aa6b7e74529f8f4851305cdf7b5/image-12.jpg "MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc Rule 87: Notice by [DEO]")
MAJOR LEGAL PROVISIONS RELATED TO Co EEM Ele nduc Rule 87: Notice by [DEO] for inspection of accounts Rule 88: Inspection of accounts and obtaining copies thereof 19 ction t of 61 Ru les , • Within two days of receipt of accounts, DEO to affix a notice specifying date on which accounts were lodged, name of candidate and time and place where accounts can be inspected • Any person can inspect accounts lodged by candidates on payment of Re. 1 fee • Entitled to obtain attested copies of accounts/any part of such account lodged on payment of fee as fixed by ECI 12
TO RECALL THE MAJOR LEGAL PROVISIONS Co Ele nduc RELATED TO EEM to ct 19 ion f 61 Ru les , Rule 89: Report by the [DEO] as to the lodging of account of election expenses and the decision of the ECI thereon • (1) After expiration of the time as prescribed under Sec. 78 regarding lodging of accounts, DEO shall report to ECI specifying: • Name of each contesting candidate • The date on which it was lodged • Whether a/c lodged in time and in manner required by the Act and the Rules • (2) If not lodged in manner, then DEO shall forward the account of such Candidate to ECI attaching the account of expenses and vouchers • (3) Publish copy of report on his notice board • (4) ECI to consider the report as to whether a/c is lodged in time and in the manner by the contesting candidate • (5) Commission issues notice to the candidate u/s 10 A of RP Act 1951. if account is not lodged in time and manner required by the Act & Rules 13
TO RECALL THE MAJOR LEGAL PROVISIONS Co RELATED TO EEM CONTD. E nd lec uct Ru tion o les , 1 96 1 • (6) Candidate to represent in writing within 20 days of receipt of notice to ECI with a copy to DEO together with complete a/c of his election expenses, if he had not earlier furnished such a/c. Rule 89: contd. • (7) DEO shall forward representation and account (if any) of the candidate within 5 days of receipt of the representation with his comments as he wishes to ECI • (8) If, after considering representation and comments of the DEO and after such enquiry as it thinks fit, ECI is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be disqualified u/s 10 A for a period of 3 years from the date of the order to be published in the 14
THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING RP ACT, 1951 Election Expenditure above ceiling- a corrupt practice • Any expense by candidate over and above the ceiling prescribed under rule 90 of C. E. Rules, 1961 • Election petition against any winning candidate in High Court on the ground of incurring expenditure in excess of maximum ceiling. 15
THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING Sec 127 A: Restrictions on the printing of pamphlets, posters, etc. RP ACT, 1951 • The following acts amount to an electoral offence: • Election pamphlet/poster which does not bear the name & addresses of the printer /publisher • Declaration as to the identity of the publisher is to be sent to the printer signed by publisher and attested by 2 persons personally known to him • Copy of the declaration and the document should be sent by the printer to the CEO/District Magistrate as per location • Imprisonment upto 6 months or fine up to Rs. 2000 or both 16
PROVISIONS OF INDIAN PENAL CODE, 1860 • 171 B – Bribery 171 E – Punishment for bribery 171 C – Undue influence at elections 171 F – Punishment for undue influence at elections Any person giving or accepting gratification to induce a person to exercise his electoral right would commit the offence of bribery. • Gratification – Offering gratification, agreeing to give gratification, attempting to procure gratification for doing an act against one’s will shall be deemed as giving gratification. • one year imprisonment or fine or with both. • Bribery by treating (food, drink, entertainment, or provision) shall be punished with fine only • Any Act which voluntarily interferes or attempts to interfere with the free exercise of any electoral right. • one year imprisonment or fine or both. 17
PROVISIONS OF THE INDIAN PENAL CODE, 1860 171 H – Illegal payments in connection with an election • Expenditure done by any person/ organization for a candidate without his written permission would be considered illegal whether the expenditure is in relation to a public meeting, advertisements, publication or in any other way. 171 I – Failure to keep election accounts • If the candidate/his election agent does not maintain an account of his election expenditure in the manner specified by ECI Punishment for not maintaining accounts • A fine up to rupees 500. 18
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: Ø Can go into the correctness of the account of election expenses filed by the candidate, and Ø 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. 2. The account lodged by the candidate is incorrect and 19 untrue.
ELECTION EXPENDITURE: CASE LAW CONTD. The Hon’ble Supreme Court decision in SLP no. 29882 of 2011 Ashok Shankarrao Chavan Vs. Dr. Madhavrao Kinhalkar & Ors. , SLP no. 14209 of 2012 Madhu Kora Vs. Election Commission of India and SLP no. 21958 of 2013 Smt. Umlesh Yadav Vs Election Commission of India & Ors. Dated 5 th May, 2014. ``Sec. 10 A clothes the ECI with the requisite power and authority to enquire into failure to submit the account of election expenses in the manner prescribed and as required by or under the act`` SCI has upheld the Commission’s decision regarding disqualification of Umlesh Yadav u/s 10 A, a returned candidate from 24 -Bisaulli AC, Uttar Pradesh, General Election to Uttar Pradesh Legislative Assembly, 2007. 20
ELECTION EXPENDITURE: CASE LAW CONTD. Kanwar Lal Gupta Vs Amar Nath Chawla (AIR 1975 SC 308) is guiding principle to distinguish between the expenditure of a party and the candidate of that party. Common Cause Vs UOI & Ors. (1996 SC 3081) lodging of expenditure accounts by the political party- within 75/90 days of completion of Assembly/Lok Sabha election (ECI letter no. 76/EE/2012 -PPEMS, dated 21. 01. 2013) Rahim Khan Vs Khursheed Ahmed and Ors. (*AIR 1975 SC 290) –Timely enforcement is as important as rule of law as making of legislation- ECI Order no. 3/9(ES 008)/94 JS-II dated 2 nd Sept. 1994 regarding strict enforcement of Sec. 127 A of R. P. Act, 1951 like indicating name and address of publisher and printer in print line of any pamphlet, poster other materials and sending printed materials to appropriate authority within 3 days of printing. Printer shall obtain 21 declaration in prescribed format from publisher in Appendix A and send to the DEO/CEO.
Illegal ways of wooing electors 1. Cash in envelopes in newspapers pushed beneath the door of the elector. 2. Inside Morning Milk pouch, along with cash in an envelope. 3. Through Self Help Groups for onward distribution among women electors. 4. Through pawnbrokers by reimbursing the short term loan taken by electors, by mortgaging jewellery. 5. Paying cash as incentive for not casting vote by the committed voters of rival candidate, if such voter shows finger without indelible ink after election. 6. Cash given in advance before notification of election to the local leaders for distribution among electors. 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.
11. candidates not to seriously campaign in elections. 12. Black Money raised by party/candidate in name of coupon 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 of place ferrying tovoters the polling booth. 19. Cash given to journalists or media men to write positively aboutcandidate the write to pessimistic or news of rivals.
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 withtopupcardsorlaptopstothevoters 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.
31. Distribution of free books to the students, just before elections. 32. Free admission to children of influential voters of a locality in Engineering College medical or college by run 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/ vanity bags. 37. Using ‘Aarthiyas’ (commission agents) for distribution of cash among farmers or waiving commission demanded form them 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.
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 In Trains Inside Newspapers
PREVENTIVE METHODS FOR CURBING THE USE OF BLACK MONEY Campaign for “Ethical voting” through Media Involvement of school/college students and Booth level Awareness Groups(BAGs) in spreading the message against bribery during elections. Involving Civil Society Organizations, RWA. NYKs etc. , Announcement through Public address system fitted on the vehicles of the Flying Squads that both giving or taking bribe for casting votes is a punishable offence. Separate Bank account by each candidate.
Mechanism for Election Expenditure Monitoring in Assembly Elections 29
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.
NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE 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. To obtain airing charges from media houses with reference to campaigning through electronic media. 1. 31
RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES: Loudspeaker with amplifier and microphone podium or Pandal of standard sizes, Cloth banner, Cloth flags, Hand bills, Posters, Video Cassettes/CDs, Audio Cassettes/CDs, Hoardings, Cut outs (wooden), Cut outs (Cloth/plastic), 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 32
TWO TRAINING PROGRAMMES 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, regarding the procedure for filling up the forms of Abstract Statements of Election Expenses and affidavits, consequences for failure and other legal provisions. Candidates/agents will also be apprised of
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) Media Certification and Monitoring Committee (MCMC) Accounting Team Liquor monitoring Team 34
DEO Expenditure Observer Expenditure Monitoring Cell R. O. DEMC& MCMC (Dist. / State Level) VVT VST Public meeting/Rally Accounting Team (SOR / FE ) AEO Expenditure monitoring control room 24 x 7 Call Centre SST – Check post monitoring teams F S- complaints of cash transactions /freebies Illegal Expenditure.
EXPENDITURE OBSERVER (EO) EO is responsible for overall supervision of expenditure monitoring. He is deployed for two or more Assembly segments, but not more than five ACs. 36 More No. of EOs and AEOs for Expenditure Sensitive Constituencies(ESCs) § He will inspect functioning of different teams engaged in expenditure monitoring in each constituency and inspect the accounts of the candidates § § He will coordinate with various law enforcement agencies of Income tax, Police, BSF/SSB, State Excise and DRI He may change AEO ( deployed for each AC), if found unsuitable.
EXPENDITURE OBSERVER(CONTD. ) The EO shall reach the Constituency/ district HQ on the day of notification for the duration of 3 clear days. Shall again visit, second time on the date immediately after withdrawal of candidatures and shall leave after the poll. For his third visit, he has to visit district HQ on 25 th day after the declaration of result and stay for 8 clear days to assist DEO in preparation of Scrutiny Report. He should be present in the Account Reconciliation Meeting, convened by DEO on 26 th day after the 37 declaration of result.
ROLE OF DEO After announcement of election, he shall make appeal to public to avoid carrying huge amount of cash during election process, He shall give wide publicity about the 24 X 7 - Call centre and District Complaint monitoring Cell, He shall involve BAGs, NYKs, NSS, and other citizen forums for ethical voting and getting information about distribution of cash /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 liable for punishment as per law, He shall convene Account Reconciliation Meeting on 26 th day after declaration of result, for giving another opportunity to candidates to reconcile the under stated amount of election expenses, if any.
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, Training of the Asstt. Expenditure Observers (AEOs) 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 §
EXPENDITURE MONITORING CELL (EMC) Training of candidates and agents twice- one, after scrutiny of nomination for proper maintenance of accounts and another after one week before declaration of result for proper submission of accounts. In second meeting, the officials responsible for receiving the accounts, shall also be present. 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
VIDEO SURVEILLANCE TEAM Video Surveillance Team (VST) • 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 as required, • At the beginning of shooting, the team will record in voice mode the title and type of event, date, place and the name of the party or the candidate organizing the same. • It will capture the photo in such a way that the evidence of each vehicle, furniture, rostrum, banner, cutout etc. can be seen clearly and the expense thereon can be estimated, • AEO shall personally supervise videography of sensitive events and big public rallies in the constituency. 41
VIDEO SURVEILLANCE TEAM Video Surveillance Team (VST) • At the end of shooting, the team may also record in voice mode the estimated number and type of vehicles, Chairs, furniture, approx size of rostrum/banner /poster/ cutout etc. used in the event. • This team will prepare a video cuesheet in the format given at Annexure 7 of the instructions. This cue-sheet contains the highlights of the recording with date and time. • It should be ensured that the time and date set up in the camera is correct. • The details of time, date, place, name of candidate and the official should also be written on the cover of the VCD/DVD. • The VCD/DVD should have a specific identification number 42
VIDEO VIEWING TEAM Video Viewing Team (VVT) • 1 officer and 2 clerks (or as required) for each assembly segment , as viewing all CD’s is a time consuming task, • View Video CD provided by VST for identifying election expenditure and MCC related issues, • Submit report containing candidate wise expenditure no later than next day to Accounting Team/ Asst. EO, on public rally etc. , including the vehicle numbers, number of chairs, size of Dias, audio system, posters, banners, helicopter expense, media advertisements and Paid News, names of candidates 43
VIDEO VIEWING TEAM Video Viewing Team (VVT) • Video recordings should not be given to any outside agency for editing etc. , • In expenditure related reports, the team shall put the registration number of all vehicles, size of dais, number of chairs, size of text in banner/poster and size of cut-outs, captured in the VCD. • MCC related report to General Observer and RO 44
ACCOUNTING TEAM Accounting Team • One official and one accounting clerk per segment • Drafted from employees of accounts wing of Central Govt. depts. • Work under Asst. EO, in preparation of Shadow Observation Register and maintaining videos/ CD evidences carefully in Folder of Evidence • To maintain proper back-up which can be called by Commission later. • Will enter expenditure incurred by the candidate on major expenses and corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, reported by various teams and calculate the total expenditure of the event observed for each candidate. 45
ACCOUNTING TEAM Accounting Team • The team and AEO shall put rates for expenditure, calculate total expenditure based on video evidences and make entry in Shadow Observation Register for candidate concerned. • Thereafter any suppression or omission shall be pointed out by RO in writing for corrective action, preferably within 24 hours. • The defaulting candidate has to reply within 48 hours of the receipt of the notice, explaining the reason for such default or omission. 46
DISTRICT LEVEL MCMC – TO OPERATE 24 X 7 • A Dist. Level MCMC comprising DEO/RO (of Parliamentary Constituency), ARO (not below SDM), Central Govt. I&B Official(if any) and 1 citizen/ journalist nominee of Press Council of India/ DPRO or DIO equivalent- member secy. • Certifying advt. proposals of candidates, • Scanning media for suspected ‘paid news’ and examination of complaints, reference by EO. • RO to issue notice to candidate within 96 hrs. and on receipt of reply from candidate Dist. Level MCMC to decide expeditiously & convey decision to candidate. If he/she does not reply within 48 hrs of recpt. of notice, then Distt. MCMC’s decision is final. • Infrastructure – in separate room - 3 -4 TVs with cable, all newspapers including local, 47
MCMC In case of suspected ‘Paid News’, the candidate to be issued notice for not accounting the expenses within 96 hours by RO Candidate may reply within 48 hrs, which shall be considered by District MCMC and shall be final. In case of non acceptance of the decision of District MCMC, the candidate may appeal to State level MCMC within 48 hours of receipt In case of non acceptance of decision of State MCMC, the Candidate may appeal to ECI within 48 Hrs. of receiving of orders and the decision of the ECI shall be final.
MONITORING OF CAMPAIGN THROUGH MEDIA: MCMC Print Media Electronic Media Local Newspapers Radio including Private FM Other newspapers in circulation in area TV channels, cable network Magazines Bulk SMS Pamphlets & Posters 49
SEPARATE BANK ACCOUNT 1. 3. 4. 5. 50 2. The candidate 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 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.
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 The SOR & FE to be handed to the Dy. DEO by the EO 51 for safe custody before leaving the constituency, under receipt.
EXPENDITURE SENSITIVE CONSTITUENCY(ESC) EXPENDITURE SENSITIVE POCKETS (ESP) ESC 52 to be identified by CEO, based on profile of constituency and candidates More FSs and SSTs with CPF ESP to be identified by Sector officers or police in a constituency based on level of education, development and demography ESPs to be kept under close watch all the time ESPs to have 24 X 7 check post during last 72 hours before poll ESPs need more campaign for ethical voting Liquor sale to be closely monitored in ESPs
FLYING SQUADS (FS) Three , 53 or more FS per AC to function from date of announcement till completion of Poll. In expenditure sensitive constituencies, more than three teams to be formed. The FS and SST not be given any other work from announcement to completion of poll. To have one Magistrate, 3 or 4 police officials and one videographer in each FS and SST with proven integrity. Telephone numbers to be provided to the Complaint Monitoring Control room & Call Centre
FLYING SQUADS (FS) CONTD. On , 54 receiving complaint of Distribution of cash, liquor etc. FS shall immediately reach and seize items if suspected to be for bribing of electors and record statements of witnesses / persons. The entire proceedings to be video recorded. If FS can not reach the spot immediately due to distance, it will ask the nearest SST or the local police to reach The copy of complaint/ FIR shall be sent to the AEO, DEO, SP. In ESC/ ESP CPF, State Armed Police may be mixed in FS and SST
STATIC SURVEILLANCE TEAMS (SST) • • SST shall start functioning from the date of notification of election. 3 or more SSTs in a constituency or as required, comprising of one magistrate, 3 -4 Police personnel or CPFs and one videographer. To put check posts on major roads/ESPs, Border roads of district and state by check posts to check movement of illegal cash/liquor/arms or gift items Before last 72 hrs of poll, to put check posts in roads connecting ESPs, as identified The team should be polite and courteous during checking. Seizure to be done with proper panchnama/ acknowledgement
STATIC SURVEILLANCE TEAMS (CONTD. ) FS or SST to pass on information to the Income Tax Dept. for independent action in case of cash above Rs 10 lakh • There should be surprise elements 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 or any law and order situation arising near check post. • SST check posts in 3 shifts •
STATIC SURVEILLANCE TEAMS(CONTD. ) 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. §
Criminality is determined, Posters/ election materials Cash(more than Drugs, liquor, arms Rs. 50, 000) in or gift items custody of any valued at more candidate/agent/ than Rs. 10, 000 party official being carried in a vehicle 58
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.
RELEASE OF CASH The Committee comprising of i) CEO, Zila Parishad/CDO/P. D. , DRDA; ii) Nodal Officer of EEM in Distt. Election Office and iii)District Treasury Officer shall suo- motu examine each case of seizure made by Police/SST/ FS. If no FIR/ complaint has been filed regarding seizure or seizure is not linked to any candidate/ political party or any election campaign, as per SOP, it shall take immediate step to release such cash to person concerned after passing speaking order. The procedure of appeal against seizure should be mentioned in the seizure document. Wide publicity about functioning of this Committee. 60 If release of cash is more than Rs. 10 lac, Nodal Officer of I. Tax to be informed before such release.
INSPECTION OF ACCOUNTS OF ELECTION EXPENDITURE Candidates are required to maintain their Day to Day accounts and produce 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 such inspection. Gap between the two inspection should not be less than 3 days. Candidate can have a separate agent for election expenses, Inspection to be done in the office chamber of RO between 10 AM to 5 PM. Publicity has to be given about the contact number of EO and time of inspection,
INSPECTION OF ACCOUNTS (CONTD. ) The Accounting Team along with the AEO to be present with Shadow Observation Register and folder of evidence during inspections, The details of suppressed expenditure found, if any, based on evidences gathered, must be recorded in writing on the register maintained by the candidate and also on the SOR/FE and signatures of candidate/Agent obtained on both. It must be counter signed by EO/AEO and RO / Accounting team head,
INSPECTION OF ACCOUNTS( CONTD. ) Instances 63 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 Scanned copy of the day to day a/c of candidate to be uploaded in the DEO`s portal with link to CEO`s website after each inspection.
64 INSPECTION OF ACCOUNTS( CONTD. ) 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), Withdrawal of permission for use of campaign vehicle, if the failure continues in spite of notice, 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.
DISTRICT EXPENDITURE MONITORING COMMITTEE ( DEMC) DEMC consists of Ex. Observer, DEO and Dy. DEO/In charge of EEM of the District In case of discrepancy in the accounts, the RO to issue notice to the candidate In case the candidate accepts, the same shall be added to his expense If, candidate disputes within 48 hours, the matter shall be decided by DEMC within 72 hrs in writing and a copy will be issued to the candidate(whether to add the suppressed expenditure in the account of candidate or not )
DISTRICT EXPENDITURE MONITORING COMMITTEE ( DEMC) CONTD…. Candidates shall be given another opportunity in Account Reconciliation Meeting, to be convened by DEO on 26 th day after declaration of result, to reconcile the under stated amount of election expenses, if any. The candidates should come prepared with their final accounts of election expenses and registers, etc. , DEMC, after scrutinizing the accounts, shall pass order in writing, giving detailed reasons in cases, where the differences could not be reconciled and serve it on the candidate/ agent on the same day, If, candidate agrees, he may incorporate the same in his final accounts. If not, he may lodge his final accounts with DEO, with reasons for disagreement giving letter to DEO. If account lodged prior to this meeting, the candidate may revise his accounts within the statutory period of 30 days
24 X 7 DISTRICT COMPLAINT MONITORING CELL District 67 level Control Room to operate from the date of announcement of election. Toll free telephone. No. With 3 -4 hunting lines. 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.
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.
STAR CAMPAIGNERS All Passengers going by private aircrafts/helicopters will be frisked both in airports and airstrips The candidate or Party shall inform about travel plan of the aircraft/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 in case hiring charges borne by it. List of Star campaigners to be submitted to CEO and the Commission within 7 days of the notification
STAR CAMPAIGNER Travel expenses of star campaigners of allied party are not exempt If Star campaigner travels with candidate(s), then 50% of the travel expense will be added/apportioned to the expenditure of candidate(s) If 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 or medical attendant of Star campaigner or any member of the party, who is not a candidate in the constituency concerned, or any representative of electronic/print media travels with him, then travel expenses of such star campaigner shall not be added to the account of candidate provided they do not play any role in election campaign of the candidate.
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 127 A of RP Act, 1951 (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO)
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
ADVERTISEMENT IN ELECTRONIC AND RINT MEDIA P Electronic Media Advertisements: Prior approval of CEO before any broadcast/telecast in electronic media, cable network and FM radio (As per Supreme Court Judgment) Print Media Advertisements: Press or publisher’s name and address 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 127 A of RP Act, 1951 and media must collect a declaration signed by the publisher, attested by two persons (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO within 7 days). Punishment for violation is imprisonment up to 6 months or fine
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
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
MONITORING PRODUCTION, STORAGE AND DISTRIBUTION OF LIQUOR From the date of announcement of election till completion of election, the production, off-take, 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). All distilleries/ warehouses shall be put under 24 x 7
Other Monitoring Measures The bookings of marriage halls/ Mandaps to be monitored, Distribution of gift items/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. Bank reports of Cash withdrawal above Rs. 10 lakh. FIU to send Suspicious cash withdrawal report to Income tax Deptt. on real time basis. The Directorate of Revenue Intelligence to keep watch on International Airports and Enforcement Directorate on cash movement BSF and SSB to keep greater vigil on border.
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 IV of Abstract statement (along with Schedule 1 to 9) signed by the candidate , (Revised format) 2. Certified Copy of Bank statement , 3. Bank Register and Cash Register, 4. 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 and 6. Replies to discrepancies pointed out at the time of Inspection,
E- FILING OF ABSTRACT STATEMENT OF ACCOUNT Facility of e- filing of Abstract Statement can be used by candidates without any cost. Willing candidates can avail this facility by logging into ECI website through internet. Available in Hindi and English. Candidates can take free assistance of EC Return Preparers(ECRP), trained by Commission. After e- filing, candidates can take print out of the statement and Affidavit, sign on all pages and get the Affidavit notarised and send them to DEO with all the bills and vouchers, bank statement of account opened for election expenses, Day to Day account Register etc. , Same facility for political parties for submitting their 79 accounts of election expenses after 75/90 days after Assembly/ Lok Sabha elections.
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.
DEO’S SCRUTINY REPORT : ( ANNEX-21) Sl. no. 8, prescribed format: - Whether candidate has submitted his Expenditure Register ( Part A, B, C), Abstract Statement (Part I to IV, with Schedules 1 to 9) along with Affidavit sworn in 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, At no. 10(a) of DEO`s Report: - 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. Sl.
SOP: CHECKING OF HELICOPTERS/ AIRCRAFT The Bureau of Civil Aviation Authority Instruction vide its OM dt. 14. 02. 12 ( Annexure-53) During election process proper frisking and pre embarkation, checking of all persons, screening/ phy. Checking of baggage to be done, CISF to inform the Income Tax dept. if cash above 10 lacs/ bullion is detected in poll bound states, No prior permission for landing/ take off at commercial airports from DEO. But ATC to keep records of all such pvt. Aircrafts/ helicopters and make available such information to the CEO within 82 3 days of landing or takeoff. The CEO to share this information with EO for accounting
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 within 75 days (for AC) and in 90 days ( for PC) after completion of election, details of expenses borne on such hiring 83 of crafts.
CHECKING AT NON-COMMERCIAL AIRPORTS No body – frisking of any passenger at the time of deplaning. All baggage coming out of private/chartered helicopters to be checked No separate entry or exit for passengers of private/chartered helicopters – all subject to CISF checking Commercial airlines to report regarding movement of cash through check-in baggage
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, To verify asset and liability of candidates with IT return
OBSERVERS FEEDBACK ON T NADU ELECTIONS In rural areas and in slums, the people on seeing the news on TV, become aware that taking money for voting in election was a punishable offence which may entail one year imprisonment or fine or both. In many places free gifts like sarees, dhoties etc. , left at the doorsteps of the people by political parties were thrown on the streets or brought to the notice of election authorities! Amu dha IAS TN
Amudha IAS TN NEW INDIAN EXPRESS Election Commission the real hero in TN polls Express News Service 14 May 2011 CHENNAI: "Terror of money power contained in TN. Tamil honour vindicated. Thanks to EC. Bravo. "
Expenditure will never exceed the ceiling limit ! Balancing earnings & expenditure! TRY THIS
TELEFAX NO. / E-MAIL ID FOR REPORTING Sh. Avinash Kumar, Under Secretary (EE Div. ) - Tel: 011 23052055, Mob-9868911976 avinash. kr@eci. gov. in. Sh. Malay Mallick, Under Secretary (EE Div. ) - Tel: 011 23052058, Mob-9868113451 malay. mallick@eci. gov. in. Sh. S. K. Rudola, Secretary , 011 -23052149, Fax: 011 - 23052049, Mob-9013308437 (e-mail: skrudola@eci. gov. in) Sh. N. C. Swain, Director, 011 -23052009 Fax: 011 - 23052003, Mob 09013851493 (e-mail: ncswain@gmail. com) In case of urgency: Sh. P. K. Dash, DG (Exp. ) Tel. 011 23356025, Fax: 011 - 23318506, Mob-09868301742 e-mail: prasana. dash@eci. gov. in Address- Nirvachan Sadan, Ashoka Road, New Delhi 01
धनयव द ! THANKS 90
Скачать презентацию Briefing of Master Trainers On Election Expenditure Monitoring
3bc40aa6b7e74529f8f4851305cdf7b5.ppt