Expenditure Monitoring

Objective

To reduce the risks of Money Power as it tend to :

Uneven playing field and lack of fair competition,

Political exclusion – Certain sectors face disadvantage,

Co-Opted politicians under campaign debts,

Tainted Governance and Rule of Law undermined.

2

Monitoring related issues

• Carrying cash is not illegal under any Law and is not anathema to regular business,

• But if it is undisclosed, Income Tax Department can seize ,

• If it is out of illegal foreign exchange, ED can seize,

• If it is suspected to be for bribery, terror, theft, narcotics etc, Police authorities can seize ,

• No new law for seizure.

Training of officials

Sl

No

Master Trainer Level Trainees

1. Addl/Joint CEO State DEOs, Nodal Officers of

Police , Excise & Income Tax

different districts

2. Nodal Officer of Police State SP, Nodal Officer of police in

each district

3. Nodal Officer of Income

Tax

State Officer of Investigation

Directorate

4. Nodal Officer of State

Excise

State Excise officers

5. Staff of different sections

of Expenditure Monitoring

cell including Flying

Squad and Static

Surveillance Squad at

district/RO end

District By district Nodal Officers &

SLMTs

• In this training programme they will also be apprised

about the Account Reconciliation meeting, in which they

should come prepared with all final accounts and

registers.

• The DEO shall notify the date and venue of training on

procedure of lodging the final accounts and also about

the date of Account Reconciliation meeting, positively

on or by the date of declaration of result.

TWO TRAINING PROGRAMMES WITH CANDIDATES

– The DEO will arrange two facilitation trainings at his own office for all

election agents/candidates through the Exp. Monitoring cell ,

– One, immediately on the day of scrutiny of nomination in presence of

Expenditure Observers to acquaint them with the legal provisions,

procedures for filling up the forms and registers and dates of inspection of

accounts,

• Second, within a week before the final date of submission of accounts

in presence of Asst. Exp. Observers ( i.e., after 20 days of declaration of

results) with all election agents/candidates/personnel engaged in his office

for receiving the accounts, to explain the procedure of e-filing of

accounts, the forms and affidavits to be filed and frequently

noticed defects. Consequence of not filing or filing incomplete

forms or not filing in the manner prescribed or not showing

correct accounts shall also be explained to the

candidates/agents.

ACCOUNT RECONCILIATION MEETING

ECI No.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH

MAY, 2015

• Account reconciliation meeting with the candidates/election

agents with the district expenditure monitoring committee

(DEMC).

• If the RO or the DEO gets hold of information of suppressed expenditure

on the part of the candidate and the DEMC issues initial notice to the

candidate and follows the due procedure, the candidate shall be given

another opportunity to reconcile the under-stated amount of election

expenditure if any, in the account reconciliation meeting to be convened

by the DEO on 26th day of declaration of result.

• Notice to be issued in writing to each candidate latest by the day of

declaration of result.

• DEMC after scrutiny shall pass order in writing with reasons, in cases

where the account could not be reconciled and serve it on the

candidate/agent on the same day.

• If the candidate has already lodged his

account prior to the account

reconciliation meeting, he may revise it

within statutory 30 days of completion

of election to incorporate the findings of

the DEMC.

• The DEO’s scrutiny report has to be entered in EEMS

software within 7 days of its finalization

Types of election expenditure

9

Expenditure permissible

under the law [ public

meetings, posters,

banners, vehicle etc.]

Illegal election expenditure [Distribution of

money, liquor or any other item

among electors with the purpose of

influencing them]

Ceiling forWest Bengal Assembly–Rs.16 Lakh

Lok Sabha- 40 lakh

Such type of

expenditure of election

expenses of the

candidate is declared

avoidable by ECI

Election expenditure can be classified into two

types on the basis of legal provisions

• The election expenditure permitted

under the law to be reflected in true and

correct manner in the accounts and to be

maintained in the manner prescribed by the

Commission.

• The election expenditure not permitted

under the law is to be stopped and proper

action taken under the provisions of law.

10

New mechanism for

Election Expenditure

Monitoring in elections

16

Preventive measures

Appeal to Political Parties:

1. To exercise self restraint

2. To avoid transactions in cash duringthe election process

3. To advise their party functionaries,candidates and agents not to carryhuge cash in the constituency duringelection process

17

Preventive Measures• DEO to involve NYKs, RWAs, SHGs, Senior Citizen

forum to educate the public and to advertise the tel.Number of complaint monitoring cell

• Creating awareness among voters through publicmedia campaign for ethical voting

• Orientation Training for Political Parties andcandidates both by CEOs and DEOs on the lawsand rules of election expenditure

• Identification of Expenditure SensitiveConstituencies ( ESC) prone to high electionexpenditure and corrupt practices on the basis ofpast history, profile of the constituency and otherDevelopments

18

BOOTH LEVEL AWARENESS GROUP (BAGS)

ECI NO.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015 The commission has decided to discontinue with the village/ward

level awareness groups.

Unified booth level awareness groups (BAG) are introduced,

formed by the BLOs and having among its members booth level

govt. functionaries, para workers, rep. of local bodies, BLA, BLV,

head or rep. of local body, head or rep. of schools/colleges of the

booth area, NSS/NYK volunteers, rep. of CSO/NGO.

Care should be taken about neutrality of the members except the

politically affiliated BLAs.

DEO to arrange for training the BAG about the mobile software and

procedure of uploading of images/videos and put in a system of

complaint monitoring and follow up action will involve the flying squad

and collection of evidence.

All information given by BAG will be marked bag in the register to

be inspected by the expenditure observer for follow up action.

Identity of the complainant BAG member will be kept secret.

List of BAG with contact numbers will be given to the awareness

observer, general observer & expenditure observer

CEO & DEO’s Appeal in Media in local language

CEO & DEO will publish the following appeal in the localnewspapers in the language of the state :-

Appeal for general public during electionsDistribution of cash, liquor or any other item for gratification of

voters is bribery and both the giver and the receiver is apunishable under Indian Penal Code. Flying Squads have beenformed under each Police Station to keep watch over distributionof cash, liquor and other items in the constituencies during theelection.

It is appealed to all that anybody carrying huge amount of cash inany Constituency during the elections should carry properdocuments like bank withdrawal slip, passbook, copy of PAN, billsand vouchers etc. to show the source and documents like medicalbills, marriage cards, bills and vouchers etc. to show end-use ofsuch cash in order to avoid seizure by the Flying Squads.21

Expenditure Sensitive Constituency (ESC)

• The CEO will send list of ESCs to Commission

before 6 months of expiry of the

assembly/parliament

• In ESCs requirement of Police Observers are to

be clearly mentioned

• For such constituencies, there will be two

Assistant Expenditure Observers, two

Flying Squads ,additional number of static

surveillance teams and video surveillance

teams.

Police Observer

• Placement of Police Observer is made in

expenditure sensitive constituencies for

monitoring activities of the FS/SST/MCC

team

• Functions from the date of notification till

poll .

MEETING WITH POLITICAL PARTIES

• DEO will have a meeting with all recognised PoliticalParties within 3 days of announcement of election aboutthe Instructions of the Commission and explain thelegal provisions and give a copy of the compendium ofinstructions,

• He will also discuss the various rates of expenditure andconsider their suggestions before notification of rates,

• CEO will arrange facilitation training at State Level onExpenditure Monitoring Measures for therepresentatives of all registered political parties of thestate, to explain various legal provisions including theprocedures within 3 days of announcement of election.

MEETING WITH MEDIA

• CEO will arrange meeting with all media houses andjournalists at state level to explain the provisions of sec127A of R.P Act,1951 and instructions of ECI on paidnews.

• Copy of compendium of instructions to be handed over tothem,

Notification of rates for assessment of Expenditure

1. The list of these rates would be given by the RO to the

candidates at the time of filing of nomination papers,

2. If the rate of any item is not available in the list, the

candidate/election agent, if they wish, may apply with the

DEOs to notify the rates for such items as well and the

DEOs will take appropriate steps to notify them,

3. Any objection regarding the quantum of such rates has to

be made to the DEO within 24 hours of notification,

4. CEO to obtain airing charges from media houses with

reference to campaigning through electronic media.

26

Restrictions on the printing of pamphlets, posters etc. and

for proper record keeping by MCMC

• 3/9/2015/SAR DATED: 9.10.2015• In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of

pamphlets, posters etc. in connection with elections all political advertisements in print media during

theperiod of election should contain the nameandaddress of the publisher.

• DEOs to hold meetingwith the printers in this regard.

• Record should be kept of all advertisements in print media as these have to be included in the

accountof electionexpensesof candidate(s).

• Job of record keeping has to be performed by the expenditure monitoring team. All such material

should be taken into account during verification of account of election expensesof a candidate.

Loudspeaker with amplifier and microphone

podium or Pandal of standard sizes,

Cloth banner, Cloth flags, Hand bills, Posters,

Hoardings, Cut outs (wooden), Cut outs (Cloth/plastic),

Video Cassettes/CDs, Audio Cassettes/CDs,

Daily hiring charges of vehicles (all types of vehicles),

chairs, tables and other furniture, electrical fittings/equipments,

Print media advertisements and DAVP rates

Audio slots on Radio & AV on TV, cable TV, State & National Level TV Channels

Any other item commonly used in a district.

Learning Module of RO/ARO 28

RATES OF ITEMS TO BE FIXED AFTER CONSULATATION WITH POLITICAL PARTIES:

EXPENDITURE MONITORING MACHINERY

• Expenditure Observer (EO)

• Asst. Expenditure Observer (AEO)

• Flying Squad (FS)

• Static Surveillance Teams (SST)

• Video Surveillance Team (VST)

• Video Viewing Team (VVT)

• Accounting Team

• Media Certification and Monitoring Committee (MCMC)

• Expenditure Monitoring Cell

• Complaint Monitoring Cell & Call centre

• District Expenditure Monitoring Committee (DEMC)

• Seized Cash Release Committee 29

VST

Expenditure monitoring

control room

Expenditure Monitoring

Cell

MCMC(Dist./ State Level)

DEMCAccounting Team

(SOR / FE )

VVT

F S- complaints of

cash transactions

/freebies

24x7 Call Centre

DEO Expenditure Observer

R.O.

Public

meeting/Rally Illegal Expenditure.

AEO

SST – Check

post monitoring

teams

EXPENDITURE OBSERVER (EO)

To be appointed by the Commission. EOs are responsible for overall supervision of

expenditure monitoring for five Assembly segments.

They will train the Asst. Expenditure Observers and

inspect functioning of different teams engaged in

expenditure monitoring in each constituency

They will coordinate with various law enforcement

agencies of Income tax, Police, BSF/SSB, State Excise

and DRI

They will assist the DEO in preparation of scrutiny report

31

Structure and Functions of Expenditure Monitoring Team

Expenditure Observers for each district not more than

five Assembly constituencies

Assistant Expenditure Observer for each constituency

Additional number of Observers and Assistant

Observers in ESC (Expenditure sensitive constituency)

Additional number of Flying Squads and Static

Surveillance teams with man power from central Govt.

and central PSUs and CPF

Assistant Expenditure Observer• To be appointed for each constituency by the DEO in

consultation with the Expenditure Observer

• To belong to Group B officers or equivalent in central

government services or Income Tax, Central Excise

Audit & Accounts officer or any central PSU

• Should preferably be a local officer ,posted within the

same district or nearby

• Work place and home town should not be in the same

constituency

•Shall see and supervise all actions on reports of video

CDS, complaints, SOR, FE, expenditure register of

candidates , actions by FS/SST and MCMC

•Daily report to Observer in Annexure 6

STANDARD OPERATING PROCEDURE FOR SEIZURE AND RELEASE OF

CASH AND OTHER ITEMS.

ECI no.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015- ANNEXE-73

Commission has issued this order in suppression of its earlier order No. 76/Instructions/2015/vol. XIX dated 30th December, 2014.

The detailed instructions including the Standard Operating Procedure for deployment ofthe Flying Squads, Static Surveillance Team, for seizure and release of cash and other itemsduring election process including the involvement of the DEO, the Police, the other districtfunctionaries attached to the process, the Superintendent of Excise, the nodal officer of theIncome Tax department has been laid down in the Order.

Flying Squad (FS) There shall be three or more Flying Squads (FS) in each Assembly Constituency

/Segment.

The FS shall start functioning from the date of announcement of election and shall

continue till completion of poll.

The Flying Squad shall :

(a) attend to all model code of conduct violations and related complaints;

(b) attend to all complaints of threat, intimidation, movement of antisocial elements,

liquor, arms and ammunition and large sum of cash for the purpose of bribing of

electors etc.;

(c) Whenever the BAG provides any information, the Flying Squad should reach the

spot within shortest possible time and take necessary action and gather

corroborative evidences.

(d) attend to all complaints regarding election expenditure incurred or authorized by

the candidates I political party;

(e) Videograph with the help of Video Surveillance Team (VST), all major rallies, public

meetings or other major expenses made by political parties after the

announcement of election by the Commission.

In Expenditure Sensitive Constituencies (ESC), there shall be more FSs,

The FS shall not be given any other work

The names and mobile numbers of the Magistrate as head of the FS and other

officials in FS shall be provided to the Complaint Monitoring Control Room and

Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer

and Assistant Expenditure Observer.

In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the

situation.

The entire proceeding of the FS shall be video recorded.

All the vehicles used by the Flying Squads shall be fitted with the CCTV cameras!

webcams or shall have video cameras (keeping in view the availability andeconomic viability) for recording the interception made by the Flying Squads

Responsibility of Magistrate in FS

The Magistrate of the FS will ensure that proper procedure is followed

and there is no law and order problem.

The Magistrate of the FS shall send a Daily Activity report in respect of

items of seizure of bribe or cash to the D.E.O. in a format as per

Annexure - A, with a copy to R.O., S.P. and the Expenditure Observers.

shall send Daily Activity report in respect of model code of conduct

violations to RO, DEO, S. P. and General Observer in the format as given

in Annexure-B.

The S. P. shall send daily activity report to Nodal Officer of Police

Headquarter, who shall compile all such reports from the district and

send a consolidated report in the same format ( i.e.,: Annexure - A & B)

on the next day by fax/ e-mail to the Commission with a copy to the

CEO of the state.

Responsibility of in Charge of FS

In case of suspicion of commission, of any crime, the in charge Police

Officer of FS shall

seize cash or items of bribe or other such items, and

gather evidence and record statement of the witnesses and the persons

from whom the items are seized and

issue proper Panchnama for seizure to the person from whom such items

are seized.

He shall ensure that case is submitted in the Court of competent

jurisdiction within 24 hrs.

file complaints/F.l.R. immediately against

the persons, receiving and giving bribe; and

any other person from whom contraband items are seized, or

any other antisocial elements found engaged in illegal activity.

The copy of the complaint/FIR shall be displayed on the notice board of

the R. 0. for public information and be sent to the DEO, General Observer,

Expenditure Observer and Police Observer.

The Expenditure Observer shall mention it in the Shadow Observation

Register, if it has links with any candidate's election expenditure.

SST Covering for FS In case, a complaint is received and it is not possible for the FS to reach the spot immediately, then the

information shall be passed on to the Static Surveillance Team, nearest to the spot or to the policestation of that area, who shall rush a team to the spot for taking necessary action on the complaint. Allseizures made by the police authorities either on receipt of complaints forwarded by FS or receivedindependently shall also be reported to the FS which shall incorporate such seizure reports in its DailyActivity Reports in relevant rows/columns.

Each FS shall announce through a Public address system, fitted onto its vehicle, the

following in local language in the area under its jurisdiction:

"As per section 171 B of Indian Penal Code, any person giving or

accepting any gratification in cash or kind during election process, with a

view to inducing the person to exercise his electoral right is punishable

with imprisonment up to one year or with fine or with both. Further, as

per section 171 C of Indian Penal Code, any person who threatens any

candidate or elector, or any other person, with injury of any kind, is

punishable with imprisonment up to one year or with fine or both. Flying

Squads have been formed to register cases against both the giver and the

taker of bribe and for taking action against those who are engaged in

threat and intimidation of electors. All the Citizens are hereby requested

to refrain from taking any bribe and in case, anybody offers any bribe or

is having knowledge about the bribe or cases of threat/intimidation of

electors, then he should inform on the toll free number…………………. ,

of the 24x7 Complaint Monitoring Cell of the district, set up for receiving

the complaints".

Responsibility of DEO as regards functioning of the FS The DEO shall constitute the FS with officers of proven integrity.

The DEO shall publish pamphlets quoting the appeal to public in English or Hindi or

local language and distribute through the flying squad in prominent places.

Press release should also be issued by the DEO on the election expenditure

monitoring measures.

after the announcement of elections, DEO shall make an appeal as mentioned in

para 8 above in print and. electronic media for the benefit of general public

about the monitoring mechanism, which is being put in place during election

process.

Static Surveillance Team (SST) Checking by SST on the major roads or arterial roads shall commence from the date

of notification of election.

There shall be three or more Static Surveillance Teams in each Assembly

Constituency/Segment with one executive magistrate and three or four police

personnel in each team who shall be manning the check post.

Depending on the sensitivity of the area, the CPF members will be mixed in the SSTs.

This team shall put check posts at Expenditure Sensitive pockets/hamlets, and shall

keep watch on movement of illicit liquor, items of bribe, or large amount of cash,

arms and ammunition and also movement of antisocial elements in their area.

The entire process of checking shall be captured in video or CCTV.

The video/CCTV record with an identification mark of date, place and team

number shall be deposited with the R.O, on the next day who shall preserve the

same for verification by the Commission at later point of time. It may also be widely

advertised by the DEO that any member of the public can obtain a copy of the

video/ CCTV record by depositing Rs. 300/-.

Whenever Check Posts are put at the borders of the district/State or at any other

place by any agency, for any purpose, then the nearest SST shall be present there in

such team, to avoid duplication of checking in the area and reporting of seizure of

cash or items of bribe has to be done by the SST.

The SSTs shall be controlled by the DEO and S.P. in consultation with General

Observer and Expenditure Observers and the mechanism shall be strengthened in

last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive

pockets and during such period, ·the SST shall not be dismantled under any

circumstances.

No checking shall take place without the presence of Executive Magistrate.

During checking, if any cash exceeding Rs. 50,000/- is. found in a vehicle carrying a

candidate, his agent, or party worker or carrying posters or election materials or any

drugs, liquor, arms or gift items which are valued at more than Rs.1O,O0O/-, likely to

be used for inducement of electors or any other illicit articles are found in a vehicle,

shall be subject to seizure.

After seizure, the seized amount shall be deposited in such manner as directed by

the Court and a copy of seizure of cash, in excess of Rs. 1O lacs shall be

forwarded to the Income Tax authority, engaged for the purpose.

The DEO shall issue necessary instructions to the treasury units to receive the seized

cash beyond office hours and on holidays also, in case it is required.

The Magistrate of the SST shall send Daily Activity report to the D.E.O. with copy to

R.O., S.P. and Expenditure Observer, General Observer, and Police observer in a

format as per Annexure -C, on the same day.

The S.P. shall send daily activity update to Nodal Officer of Police Headquarter,

who shall compile all such reports from the district and send a consolidated report

in the same format ( i.e., Annexure - C) on the next day by fax/ e-mail to the

Commission with a copy to the CEO of the state.

Exemption from Seizure by SST

If any star campaigner is carrying cash up to Rs. 1 Lakh,exclusively for his/her personal use, or any party functionary is

carrying cash with certificate from the treasurer of the party

mentioning the amount and its end use, then the authorities in

SST shall retain a copy of the certificate and will not seize the

cash.

If cash of more than 10 lakh is found in a vehicle and there is

no suspicion of commission of any crime or linkage to any

candidate or agent or party functionary, then the SST shall notseize the cash. and pass on the information to the Income-Tax

authority, for necessary action under Income - Tax Laws

Responsibility of in Charge of SST the seizure of cash or any item shall be done by the in charge

Police Officer of the SST as per provision of CrPC in presence

of the Executive Magistrate

The Police Officer in charge of SST shall file complaint/FIR in the

Court, having jurisdiction, within 24 hours.

FS and SST shall be polite, decent and courteous, while

checking the baggage or vehicle. The purse held by the

ladies shall not be checked, unless there is a lady officer. TheFS shall also supervise the functioning and proper conduct of

SSTs during checking in their areas.

TRAINING OF FST AND SSTS

Advance training of FSs and SSTs should be done

as per direction of the Commission. The DEO and

the SP of the district shall ensure that the teams

are constituted and properly trained. The Nodal

Officer at the Police Headquarters shall ensure

that proper training- and sensitization of the police

force is this regard is done.

Complaint against functioning of FST & SST

In case of any grievance about the conduct of the FS or SST, the Authority, whom the

person can appeal for redressal of grievance on misconduct or harassment shall be the

Addl. District Magistrate of the district (in charge of the Expenditure Monitoring Cell).

All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit sothat timely action by the teams can be monitored.

Criminality is determined,

Banner/poster/voter slip/any campaign

material along with cash or

gift

Arms or illicit items along with

cash or gift

Cash(more than 50,000) in

custody of any candidate/agent/party official being

carried in a vehicle or any other modus

operandi leading to crime

53

Protocol for Release of Cash In order to avoid inconvenience to the public and genuine persons

and also for redressal of their grievances, if any, a committee shall be

formed comprising three officers of the District, namely,

(i) ADM, Zila Parishad/P.D,DRDA-

(ii) Nodal Officer of Expenditure Monitoring in the District Election Office

(Convener) and

(iii) District Treasury Officer.

All cases of seizure of cash etc., effected by FS, SST or Police

authorities shall immediately be brought to the notice of the

Committee formed in the District

The Committee shall suo-motu examine each case of seizure made by

the Police or SST or FS and where the Committee finds that no

FIR/Complaint has been filed against the seizure or where the seizure is

not linked with any candidate or political party or any election

campaign etc., as per Standard Operating Procedure, it shall take

immediate step to order release of such cash etc. to such persons from

whom the cash was seized after passing a speaking order.

The procedure of appeal against seizure should be mentioned in the

seizure document and it should also be informed to such persons at

the time of seizure of cash.

The functioning of this committee should be given wide publicity,

including telephone no. of the convener of the Committee.

All the information pertaining to release of cash, shall be maintained

by the Nodal Officer expenditure monitoring in a register, serially,

date wise with the details regarding amount of Cash

intercepted/seized and date of release to the person(s) concerned.

If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of

Income Tax shall be kept informed before the release is effected.

In no case, the matter relating to seized cash/ seized valuables shall

be kept pending in malkhana or treasury for more than ?(Seven)

days after the date of poll, unless any FIR/Complaint is filed.

It shall be the responsibility of the Returning Officer to bring all such

cases before the appellate committee and to release the

cash/valuables as per order of the appellate committee.

EXPENDITURE MONITORING CELL (EMC)

This cell at district level will consist of a Nodal Officer on

behalf of DEO, of the rank of SDM/ADM and two officials, who

will be in charge of Expenditure monitoring training and

coordination with all other team heads engaged in expenditure

monitoring,

It will be responsible for expenditure monitoring efforts in the

district, providing manpower and logistical support like space

and equipments,

– First training of the Asstt. Expenditure Observers (AEO’s)

and all the officials engaged in various teams should be done

by these Nodal Officers of Expenditure Monitoring Cell in the

District as soon as the elections are announced,

EXPENDITURE MONITORING CELL (EMC)

– This cell will keep custody of all shadow observation

registers and folders of evidence after the poll,

– Nodal Officer of Expenditure Monitoring Cell shall act as

the link between the DEO and the EO,

– EMC will assist the DEO and Expenditure Observer in

finalizing the scrutiny report to be submitted after

declaration of result.

District Complaint Monitoring Cell

• Copies of all complaints received and reports of

inquiries conducted shall be put on the notice

board of the RO for information of the Public. Any

member of the Public can obtain copies of these

documents on payment of a fee of Re. 1 per page.

• All complaints filed with DISTRICT LEVEL Complaint

Monitoring cell to be recorded and investigated

58

Expenditure Monitoring Control Room and Call Centre

It will function 24/7 Toll Free Call Centre to receive complaints atDEO’s end and telephone number would be widely publicized

Complaint monitoring center for communication with various teamsto operate from the date of press notification. A senior officer will beput in charge of the call center and there will be sufficient staff to manthe telephone lines.

All expenditure related complaints will be immediately forwardedto Flying Squad or officer concerned with sms to RO, Asst. Exp.Observer and Expenditure Observer

In all MCC related complaints will be forwarded to RO with copy toGeneral Observer.

A register should also be maintained in the format given inAnnexure 13, with the name and address of the complainant, natureof complaint, timing of complaint and action taken on the complaintby the Control Room. All the calls would be recorded for futureconfirmation.

59

Video surveillance team

• Minimum One official, one videographer and one vehicle• Can be more than 1 team at a public meeting,• Properly trained to identify and capture MCC and

expenditure related events in adequate minute details asrequired,

• At the beginning of shooting, the team will record invoice mode the title and type of event , date, place andthe name of the party or the candidate organizing thesame.

• It will capture the photo in such a way that the evidence ofeach vehicle, furniture, rostrum, banner, cutout etc.can be seen clearly and the expense thereon can beestimated,

• At the end of shooting, the team may also record in voicemode the estimated number and type of vehicles,Chairs, furniture, approx size ofrostrum/banner/poster/cutout etc. used in the event.

• This team will prepare a video cue-sheet in the formatgiven at Annexure-7 of the instructions. This cue-sheetcontains the highlights of the recording with date and time.Therefore it should be ensured by the team that the timeand date set up in the camera is correct.

Video Surveillance Team (VST)

60

Video Viewing team

• 1 officer and 2 clerks (or as required) for eachassembly segment ,as viewing all CD’s is a timeconsuming task,

• View Video CD provided by VST for identifyingelection expenditure and MCC related issues,

• Submit report containing candidate wiseexpenditure no later than next day to AccountingTeam/ Asst. EO, on public rally including the vehiclenumbers, number of chairs, size of Dias, audiosystem, posters , banners, helicopter expense,media advertisements and Paid News, names ofcandidates

• MCC related report to General Observer and RO

Video Viewing

Team (VVT)

61

Accounting team

• One official and one accounting clerk per segment

• Drafted from employees of accounts wing ofCentral Govt. depts.

• Work under Asst. EO, involved in preparation ofShadow Observation Register and maintainingvideos/ CD evidences carefully in EvidenceFolder. To maintain proper back-up which canbe called by Commission later.

• Will enter expenditure incurred by the candidate onmajor expenses and corresponding notified ratesagainst each item( major public meetings/rallies) inthe Shadow Observation Register, reported byvarious teams and calculate the totalexpenditure of the event observed for eachcandidate.

Accounting Team

62

Visit of Expenditure Observer

• To reach the constituency on the day of notification of

elections, & submit his arrival report to the Commission

in Annexure-2

• EO to leave the constituency after submitting the poll

preparedness report-I (Annexure-3A),

• 2nd Visit on date immediately after the date of

withdrawal of candidature & submit report-II within 24

Hrs. (Annexure-3B) and remain in the constituency

during entire campaign period and leave the

constituency only after the completion of poll and

sending his Report-III (Annexure-4),

• 3rd visit after 30 days ( will stay for 7 days) from declaration

of results to assist in finalisation of scrutiny report prepared

by DEO. He will send his final(IV) (Annexure-5) Report after

that.

Complaint monitoring by Expenditure Observer

• Besides the call centre, the observer shall fix one hour time for

hearing of complaints every day in the office of the RO. This time

will be given wide publicity.

• All complaints will be inquired into within 24 hours, and a copy of

the report given to the observer and also to the accounting team.

• One counter to operate in the office of the RO every day from 9

AM to 5 PM to receive complaints and be reported to the

Observer.

• Copies of all complaints received and reports of inquiries

conducted shall be put on the notice board of the RO for

information of the Public.

• Any member of the Public can obtain copies of these documents

on payment of a fee of Re. 1 per page.64

Separate Bank Account

1. The candidate is to open a separate bank account for election

expenditure, at least one day prior to filing of his nomination

papers.

2. It can be opened in joint name of the candidate and his election

agent, anywhere in the state.

3. This Bank account can not be opened jointly by the candidate with

spouse or other relatives, if they are not the election agent of the

candidate.

4. The account can be opened in any bank, including co-operative

banks and Post Office.

5. At the time of filing the nomination the candidate will communicate

the account number of this bank account to the RO in writing.

6. All the election expenses of the candidate should be met from this

bank account. The candidate shall also submit a certified copy of

the account statement after the poll.

65

RECEIPT OF DONATION BY CANDIDATE

ECI No.76/Instructions/EEPS/2015/Vol-II/172-206 dated 9.6.2015

Candidates shall not receive any donation or loan in cash in

excess of Rs. 20,000/- from a single person or entity during the

election process.

All donations/loans in excess of Rs. 20,000/- shall be received bythe candidate in a/c payee cheque or draft or by account

transfer.

Candidate(s) shall maintain the full name and address of such

persons/entities, which shall be mentioned in relevant columns ofday to day accounts and the abstract statement of election

expenditure.

Print Media

Local Newspapers

Other newspapers in circulation in

area

Magazines

Pamphlets & Posters

Electronic Media

Radio including Private FM

TV channels, cable network

Bulk SMS

Websites/Blogs/ 67

MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC

Monitoring of campaign through Print/Electronic media, including cable

network & FM channels

• District Level Media certification and Monitoring Committee

(MCMC) ECI No. 491/Paid News/2012/Media Dated: 27th

August, 2012Members

(a) DEO/RO (of Parliamentary Constituency)

(b) ARO(not below SDM)

(c) Central Govt. I & B Ministry official (if any in the

district)

(d) Independent Citizen/Journalist as may be recommended

by PCI

(e) DPRO/District Information Officer/equivalent – Member

Secretary

Pre-certification of political advertisements-use of bulk

SMSs/voice messages in political campaigning-Functions of

MCMC

No. 491/Media Policy/2015/communication dated 28.5.2015

The contents of the following shall come under media pre-

certification at District/State level like political advertisements

on

bulk SMSs and Voice Messages

TV Channels,

cable network ,

radio including private FM channels,

cinema halls,

audio visual displays in public places

social media.

– The District MCMC will be given infrastructure like 3 or 4

TVs, all news papers including local news papers and all cable

connections in a separate room and they will operate 24x7.

– It will submit a daily report, in the format given at Annexure-

12 of the instruction of the ECI on Expenditure Monitoring,

to the Accounting Team with advertisement has been

published/ displayed in favour of any candidates along with

supporting documents/materials such as Newspaper cuttings,

TV recording clips.

• If any surveillance team, Accounting team, MCMC or the

expenditure monitoring cell finds that any such candidate

without the permission of the Scrutiny Committee constituted by

CEO, he shall inform the RO immediately.

70

•The RO will issue a notice to the candidate for

violation of instructions of the Commission.

•The DEO will also ensure that the expenditure

on this advertisement is also added to the

shadow expenditure register.

ECI No :491/SM/Comm/2013 dt 16.4.2014

CLARIFICATION REGRDING SOCIAL NETWORKING SITES AND E-PAPERS.

1. Any political content in the form of

messages/comments/photos/videos being posted/uploaded on

the ‘blogs/self accounts’ on websites/social media websites willnot be treated as political advertisement and therefore would

not require pre-certification.

2. EVEN IF THE SAME IS POSTED/UPLODED BY POLITICAL

PARTIES/CANDIDATES, IT WOULD NOT FALL WITHIN THE MEANING

POLITICAL ADVERTISEMENT AND WOULD NOT BE SUBJECT TO

DIRECTIONS/GUIDELINES ISSUED BY THE commission.

3. As per provisions contained in commission’s letter no. 491/paid

news/2014 dated 26.2.2014, political advertisements issued in e-

papers of any newspapers shall invariably require pre-

certification by the concerned committee.

Restrictions on the printing of pamphlets, posters etc. and for

proper record keeping by MCMC

3/9/2015/SAR DATED: 9.10.2015

In terms of circular no. 3/9/2004/js-ii, dated 24.8.2004 regarding provisions of law on printing of

pamphlets, posters etc. in connection with elections all political advertisements in print media

during the period of election should contain the nameandaddress of the publisher.

DEOs to hold meetingwith the printers in this regard.

Record should be kept of all advertisements in print media as these have to be included in the

account of election expenses of candidate(s).

Job of record keeping has to be performed by the expenditure monitoring team. All such material

should be taken into account during verification of account of election expensesof a candidate.

PAID NEWS

• Paid News: The Paid News has been defined by Press

Council of India as ‘any news or analysis appearing in any

media (Print and Electronic) for a price in cash or kind as

consideration’. The Commission has decided to go by this

definition.

• 6 months before the due date of normal expiry of Lok

Sabha or the State Legislative Assembly, as the case may

be, a list of television channels/radio channels/newspapers,

broadcast/ circulated in the State/UT and their standard

rate cards shall be obtained by the CEOs and provided to

all District level MCMCs for fixing the rates of

advertisements.

SOP OF PAID NEWS:• The CEO and DEOs will brief Political Parties and Media Houses

with the Press Note of the ECI.

• On reference from District MCMC, RO shall give notice to the

candidates within 96 hrs of publication/broadcast/telecast/receipt of

complaint to explain/disclose the expenditure incurred for

publishing the ‘news’ or similar matter, or state why expenditure

should not be computed as per standard rate and added to the

candidate’s expenditure.

• The same timeline will apply when State level MCMC takes up

cases suo motu or on the basis of complaints

• District /State level MCMC shall decide on the reply expeditiously

and convey to the Candidate/Party its final decision.

• In case no reply is received by District MCMC from the candidate

within 48 hrs of serving of notice, the decision of MCMC will be

final

SOP OF PAID NEWS:

• The Candidate may appeal against the decision of State level

MCMC to ECI within 48 hrs of receiving of order from this

Committee.

• The State level MCMC can also make a reference to the

Commission for advice, if it deems it necessary.

• The decision of ECI shall be final.

• The entire process shall ordinarily be completed within

Election period

• In decided cases of Paid News either at District

level/CEO level/Commission level, the actual/notional

expenditure shall be treated as part of election expenses

of the Candidate concerned, with due intimation to

him/her or his/her agent.

• The Press Council of India should also be intimated.

Star Campaigners• List of Star campaigners to be submitted to CEO or the

Commission within 7 days of the notification(U/S 77(I)EXPLANATION 2 OF RP ACT,1951)

• Travel expense of star campaigners of allied party arenot exempt

• CEILING- 40 CAMPAIGNERS FOR RECOGNIZEDPARTY & 20 FOR REGISTERED PARTY.

• If the Star campaigner travels with candidate or mediaperson, then 50% of the travel expense will be added tothe candidate

• If the candidate shares the Pandal with the StarCampaigner or his photo or poster with his name isexhibited in the meeting, then the meeting expense willbe added to his account

Star Campaigners

• All expenditure including lodging/boarding expenses

of star campaigners in the constituency where they

campaign for any candidate shall be included in the

expenditure account of that particular candidate,

provided that -

a. The Star Campaigners/Campaigners have actually

campaigned for the candidate, and

b. The Star Campaigners/Campaigners have incurred

such boarding and lodging expenditure while

remaining in a commercial hotel or lodge for the

purpose of election campaign of the candidate

irrespective of the fact whether the payment is made

by such candidate or not.

• If any attendant including security guard, medical

attendant, or any person including any member of the

party, who is not a candidate in the constituency

concerned, travels with leader ( star campaigner) of the

political party, in his vehicle/aircraft/helicopter etc, the

travel expenses of such leader shall be wholly booked

to the account of the political party.

• The travel expenses of a leader nominated as star

campaigner will be accounted for in the election

expenditure of the candidate where such leader

happens to be himself a candidate.

• If star campaigner campaigns for a candidate of another party, the

expenditure incurred on his travel would be included in the

candidate’s account.

• If candidates of two or more parties are present in a

campaign/meeting addressed by a star campaigner of one party,

his travel expense will be apportioned equally among the

candidates of other parties but exempting the share of the

candidate of the same party.

• The hotel expense of the star campaigner is not exempt

• Expenditure claimed to have been made by the Political Party

should be reported separately by the DEO to the CEO in the

prescribed format.(Annexure-19)

80

Public Meetings/Rallies

• Format for applying for permission to hold

public meeting/ rally is given in Annexure-

16

• Candidate has to mention date time,

duration and location of such

meeting/rally along with expenditure plan

for obtaining due permission

• This is necessary for maintenance of law

and order and proper video recording of

events.

Public Meetings/Rallies Rally Expenses

• All public rallies and Public meetings (even beforenotification and after announcement) to bevideographed

• Rally expense for filing nomination to be included• Public who attend the rally in their own vehicle

without receiving any payment or without any flag,banner or photo of candidate not to be included

• Commercial vehicles used for rally to be included inexpense

• Notional cost of fuel and driver salary of onePersonal vehicle used by the candidate to be added(Notional cost of hiring in case of more than onepersonal vehicle used)

• One vehicle of district level party officer ( Not beingthe candidate) exempted

Printing pamphlets, banners and posters

• The print and electronic media, cable network and FMradio will be closely monitored

• Prior approval of CEO before any broadcast or telecast

• Press or publisher’s name and address, number ofcopies and amount charged to be mentioned in allprinted material including media advertisements andsent to DEO immediately

• Advertisement in Print media to be covered undersection 127A of RP Act,1951

(copy of the printed material and declaration from thepublisher & details of the printed material to be sent bythe printer to CEO or DEO)

Monitoring of vehicles

• Issuance of permit by RO for use of vehicles for

campaigning

• Booking of cost of vehicles used for electioneering in

SOR (Shadow Observation Register)

• Complaint by RO u/s 171 H of IPC, if a vehicle is found

to be used for campaigning without permission &

booking of cost in SOR (Shadow Observation Register)

• Withdrawal of permission, if accounts is not furnished by

candidate despite notices

• Withdrawal of permission, if vehicle is used by another

candidate ,booking of expenditure in SOR and seizure of

vehicle by FS.

VEHICLE PERMIT FOR OFFICE BEARERS OF

RECOGNISED POLITICAL PARTIES

1. Being requested by a Recognised Political Party, CEO to grant permit

for vehicle for distribution of publicity material of the party to various

offices in the State.

2. This vehicle will be subjected to normal checks and can not be used for

election campaigning.

3. The expenditure on account of such vehicle shall be apportioned equally

among the Candidates of the party contesting from the constituency/ies

for which the vehicle permit has been sought.

4. DEO will issue permit for vehicles for use by the office bearers of the

Recognised Political Parties for their visits to different constituencies

within the District for electioneering purpose.

5. DEO to issue permit for one vehicle only for a particular recognised

Political Party for a particular District. Expenditure for the same shall

have to be incurred by the Political party and not by the Candidate.

6. CEO shall issue permit for vehicles for use by the office bearers of

Recognised Political Parties for movement throughout the State for

electioneering purposes only and not for carrying publicity material. The

expenditure on these vehicles shall be incurred by the Political

Party and not by the Candidate.

Monitoring production, storage and distribution of

liquor

• From the date of announcement of election, the production,off-take, stock limits of stockiest and retailers of IMFL / Beer/ country liquor are to be monitored district wise

• Opening and closing of liquor vending shops are to closelymonitored

• Intensive vigil over inter state movement of vehicles at RTOcheck-posts and border check-posts by special enforcementstaff of Excise Deptt.

• To conduct raids to seize illicit liquor

• Inter state coordination of Excise Commissioners of thebordering states

• District level Nodal Officer to submit report every alternateday to DEO, Exp. Observer and State Level Nodal Officer,who will compile the state level report to Commission andCEO (Annex.22)

Transportation of cash by ATM vans

• DEO to monitor the transportation of cash

by ATM vans like personnel of the

outsourced agencies of the banks carry

identity cards with them,

• Must not carry cash of any third party,

• Should produce documents when asked

by the competent authority.

• The aforesaid procedure has been stipulated for the reason that

during the period of election if the authorised officials of the

Election Commission (District Election Officer or any other

authorised official) intercepts the outsourced agency/company‟s

cash van for inspection, the agency /company should be in a position

to clearly show to the Election Commission through document and

also physical inspection of the currency that they have collected the

cash from the banks for the purpose of replenishing the bank‟s

ATMs with cash or delivery of the cash to some other branches of

the banks or currency chest on the instructions of the bank.

Role assigned to:

Income Tax Department

• To gather intelligence/ keep watch overmovement of cash in the constituency and takenecessary action under IT Laws

• To watch all airports of the state, major railwaystations, hotels, farm houses, hawala agents,financial brokers, Cash couriers, Pawn brokers

• IT Deptt. will open Air Intelligence Units in all airports

of the poll bound states and also shall keep vigil over

movement of cash through aircrafts/ helicopters

leading to poll bound states,

• The Directorate & the FIU will also download the candidate

affidavits from the Commission website and verify the

information contained therein

• Report to be sent to the commission

• The Directorate & FIU will also report to the Commission

about Political Parties taking donations & enjoying tax

exemptions without filing returns and action taken thereof.

This has to be sent to Commission within 2 weeks of

announcement of election.

• Director General(Inv) to open a 24x7 control room in the state

capital having toll free number

• On the basis of complaint received the IT(Inv) will take up

independent enquiry against any person. DEO will provide

security. The enquiry report to be submitted to the

Commission with copy to the CEO.

• If any cash exceeding Rs. 10 lakh is found in the

airport, the IT will take necessary action as per IT

law.

• They will inform CEO incase the action can not be

taken under IT Act.

• Any info on cash withdrawal exceeding Rs. 10 lakh

from Bank a/c by any person & reported by bank to

the DEO shall be passed on by the DEO to the Nodal

Officer IT(Inv)/Asst. Dir. (Inv) in charge of the

district

• Activity Report to be sent by Asst/Dy Director every

alternate day and DGIT to compile and send to

Commission with copy to CEO (ANNEX-24)

SOP: Checking of Helicopters/ Aircraft

(Ref: Bureau of Civil Aviation Authority Instruction vide its OM dt. 14.02.12)

• During election process proper frisking and pre embarkation,

checking of all persons, screening/ physical checking of

baggage to be done,

• CISF to inform the Income Tax dept. if cash above 10lacs/

bullion is detected in poll bound states,

• No prior permission for landing/ takeoff at commercial

airports from DEO. But ATC to keep records of all such pvt.

Aircrafts/ helicopters and make available such info. To the

CEO within 3 days after landing or takeoff. The CEO to

share this info. With EO for accounting purpose. 92

SOP: Checking of Helicopters/ Aircraft

• For airstrips not used for commercial purposes

applications to be made to the DEO

concerned 24 hrs in advance by candidate or

pol. Party,

• Every candidate shall inform the RO concerned

in writing, regarding the details of expenditure

incurred on hiring such crafts and name of

pol. Party if party has borne the expenses

• Pol. Parties to inform the ECI in 75 days (for AC)

and in 90 days ( for PC) after completion of poll,

details of expenses borne on such hiring of

crafts.

93

Change of helicopter by the candidates/political parties at last

moment- Permission on priority basis by the DEO

ECI No. 76/Instructions/2015/EEPS/V ol. II Dated: 11 th October, 2015

Under the existing provision at remote/uncontrolled airports and

helipads application will have to be made either by the candidate or by the 'political party to the DEO concerned, at

least 24 hours before landing,

Details of travel plan, place of landing in the district and names of

passengers in the aircrafts/helicopters are to be mentioned.

DEO makes adequate arrangements for security, law and order

,issues and also to make available the coordinates of the helipad.

On receipt of such application,DEO shall issue permission on the same day on priority basis.

The Commission has decided that in those cases where

permission has already been accorded to the

candidates/political parties,

if a request for change of helicopter is received from acandidate/political party at the last moment, then it will be

dealt with by the DEO

on priority basis and decision will be communicated within 03hours of receipt of application to the candidate or political

party concerned.

• All Passengers going by private aircrafts andhelicopters will be frisked both in airports andairstrips

• The candidate or Party shall inform about the travelplan of the aircraft or helicopter 24 hrs in advancefor landing and take off in non commercial airports,to DEO for security purpose

• Candidate shall inform the RO concerned within 5days of landing about the hiring charges paid orpayable for helicopter /air craft and name of thepol. Party incase hiring charges borne by it.

VIDEO VAN

• If the Video Van is used by the political party duringelection process for general party propaganda withoutmentioning the name of any candidate or without photo ofcandidate except star campaigner of any constituency,then it shall be booked to party account, which shall bereported within 75 days by the party after completion ofelection in case of Assembly election or within 90 days incase of Lok Sabha election.

• (ii) If the name(s) or photo(s) of candidate(s) are displayedor any posters/banners of the candidate(s) are displayedthereon and the van is used in his constituency, then theexpenditure has to be accounted for by such candidate(s).

Monitoring of expenses on construction of barricades &

rostrums

• If expenses on construction of barricades/ rostrums etc.

are made by Government agencies on account of

security considerations, it should be booked as

expenditure of the candidate in whose constituency the

meeting takes place.

• If a group of candidates are present at the time when the

leader of a political party addresses such a meeting, the

expenditure will be apportioned equally amongst them.

• The DEO shall obtain the details of expenditure from

the concerned government agencies within three days of

the event and intimate to the candidates their respective

share of expenditure.

98

In case of private agency -R.O. Shall call for the

information of expenditure from such agency within

three days. If any travel agency is engaged to provide

the transport facility, the R.O. Shall call for the

expenses details from such agencies within 3 days.

This information will also be intimated to the RO and

DEO of the constituency/ district if any such

candidate belongs to another district.

This information should also be given to the

accounting team of respective candidates for entering

in the shadow expenditure register.

DEO to call for reports from the SHG/NGOs for

their activities during the election period to

check undue distribution of money/materials

for campaign purpose every alternate day

during the election period .

MONITORING OF ACCOUNTS OF SELF

HELP GROUPS

•DEO to arrange meeting with citizen

forum/ngos etc. to get appropriate information

about distribution of tokens by political

parties/candidates for bribing voters & to keep

close watch on such activities during the

election period.

Checking distribution of tokens to be

exchanged for gifts or cash

DEO to monitor disbursement of wages in govt

schemes ( in no way wages in excess of normal rate

be given) and to ensure that no arrear or advance is

disbursed within 72 hours of the day of poll

CHECKING DISTRIBUTION OF CASH BY

CANDIDATES/POLITICAL PARTIES ALONG WITH

DISBURSEMENT OF WAGES UNDER ANY GOVT

SCHEME

Monitoring of cash withdrawals from banks

•DEO to ask all banks to submit report onsuspicious withdrawal of cash from bankaccount and passing of information to theIncome Tax department on withdrawal ofcash exceeding Rs 1 lakhs• Daily reporting is to be made.

Other Instructions• If candidate attends a community kitchen, during

election campaign, (other than those organized byreligious communities and normal ceremonies likemarriage etc,) the entire expenditure will be added ashis election expenditure,

• If the vehicle permitted to any independent candidateor any other candidate is found carrying campaignmaterial of another candidate or being used forcampaign for any other candidate, the entireexpenditure on the vehicle from the date ofpermission will be added to the candidate using it forhis campaign and permission will be withdrawn

Other Instructions

The bookings of marriage halls and Mandaps to be monitored,

Distribution of gift items and cash coupons to be closely monitored,

Unusual cash deposit/ withdrawal in account of SHGs and NGOs,

Disbursal of wages under ongoing Government schemes only in presence of

Government officials during elections.

Permission of vehicles to the Contesting

Candidates and incurring the expenditure in

the accounts of election expenses.

ECI No.76/INSTRUCTIONS/EEPS/2015/VOL-II DATED 29TH MAY, 2015

If a candidate after obtaining permission, does not intend to

use the campaign vehicle(s) for any further period of more than

2 days, he shall intimate the RO, to withdraw the permission

for such vehicle(s).

If not followed by the Candidate, it will be deemed that the

candidate has used the permitted vehicle for campaign purpose

and the expenditure on the vehicle(s) will be booked to his

accounts of election expenses

Inspection of Accounts

• Gap between the two inspection should not be lessthan 3 days and inspection to be done in such a waythat major portion of expenses are covered underinspection,

• Candidate can have a separate additional agent to beappointed by the candidate in prescribedformat(Annexure-49) for election expenses,

• Inspection to be done in the office chamber of RO orany other Office room NOT AT THE GUEST HOUSEbetween 10AM to 5PM,

• Publicity has to be given about the contact number ofEO and time of inspection,

10

7

INSPECTION OF ACCOUNTS OF

ELECTION EXPENDITURE

• Candidates are required to produce their accountsfor Inspection 3 times or more before theExpenditure Observer (EO) or any officer authorizedby him. The RO will notify 3 dates & timing well inadvance in consultation with EO for inspection ofelection expenditure accounts maintained bycandidates,

• RO will ensure that the latest Instructions of theCommission on expenditure monitoring are given tothe candidates, in local language,

• All the teams should be trained as per the latestInstructions on EEM.

Inspection of Accounts

• The Accounting Team along with the AEO to be

present with Shadow Observation Register

and folder of evidence during inspections,

• The details of excess expenditure, if any found

based on evidences gathered, must be recorded

in writing on the register maintained by the

candidate and also on the SOR/EF and

signatures of candidate/Agent obtained on both. It

must be counter signed by EO/AEO and RO /

Accounting team head,

• Commission considers the comments of

Expenditure Observer in the register at the

time of disqualification proceedings.

Inspection of Accounts

• Instances of suspected Paid News will also be

noted in the register,

• RO to issue notice to candidate on the same day

on all such discrepancies and also on all

advertisements / Paid News,

• A photocopy of the accounts maintained by the

candidates should be obtained after each

inspection and RO will display a copy on the

notice board

11

0

Inspection of Accounts

• Notice to be issued to candidate in case of failure toproduce accounts for inspection and FIR to be filed iffailure continues (Sec 171-I of IPC),

• Withdrawal of permission for use of campaignvehicle, if the failure continues in spite of notice,

• Intimation of such withdrawal of permission tothe Flying Squad to take the vehicle out ofcampaign,

• Any member of Public can obtain copy of ShadowObservation Register after inspection, notices andreplies by candidates on payment of Re. 1/- per page.

111

REGISTRES MAINTAINED BY CANDIDATES TO BE CHECKED

DURING INSPECTIONS

• Register for maintenance of day to day a/c’s of electionexpenses by contesting candidates Refer annexure-14 ofthe instructions :

• DAILY REGISTER: PART – A (Color: WHITE PAGES)

• CASH REGISTER: PART – B (Colour: PINK PAGES)

• BANK REGISTER: PART – C (Color: YELLOW PAGES)

112

SHADOW OBSERVATION REGISTER

(SOR) & FOLDER OF EVIDENCE (FE)

• SOR is for each Contesting Candidate in a constituency(ANNEXURE-11 of the Instructions). To record allexpenses incurred on major events(publicmeetings/rallies etc.,) towards election campaign,

• All expenditure recorded to be supported by CD/Videoevidences(proper referencing) held in FE and to be cross-checked during Inspections

• Signatures of candidate/ authorized agent to be taken

• The SOR & FE to be handed to the Dy.DEO by the EOfor safe custody before leaving the constituency, underreceipt. 113

Poll day report by IT, Excise & PoliceParticulars Format To be

submitted by

To be

submitted to

Copy to

Seizure &

raids by

Excise

Annexure 67 State Nodal

Officer

ECI CEO

Seizure &

raids by IT

Annexure 68 State Nodal

Officer

ECI CEO

Seizure &

raids by Police

Annexure 69 State Nodal

Officer

ECI CEO

Affidavit of asset and Liability• To file Affidavit of Asset and Liability along with nomination

of self, spouse and dependant children as per revisedformat,

• Affidavit to contain:

I. Actual value and cost of addition to Immovable assets along with Market value,

II. Bank Deposits and Shares,

III. Actual liabilities including Govt. dues and disputed liabilities

IV. PAN of self, spouse and children and Income Tax paid as per last return,

V. Cases pending and Conviction Orders obtained

• Affidavit are to be scanned and uploaded to web site ofCEO within 24 hrs of receiving.

Learning Module of DEO 116

To file Affidavit of Asset and Liability of

self, spouse

and dependent children as

per revised format

along with nomination

Revised Affidavit to contain:

Actual value and

cost of addition to Immovable

assets along with

Market value

Bank Deposit

and Shares

Actual liabilitie

s including

Govt. dues and disputed liabilities

PAN of self,

spouse and

children and

Income Tax paid as per

last return

Cases pending

and cases of Convicti

on Orders

LODGING OF ACCOUNTS OF ELECTION EXPENSES:

• Candidates are required to lodge their accounts of electionexpenses with the DEO within 30 days of declaration ofresult along with the register of election expenses (U/s. 78 ofthe RP Act,1951)

• Documents required to be filed:

1. Part I to Part VI of Abstract statement signed by thecandidate ,

2. Certified Copy of Bank statement ,

3. Affidavit signed by the candidate

4. Register of Day-to-day Accounts with all bills and vouchers inoriginal duly signed,

5. Copies of expenditure related notices issued by RO andreplies to such notices,

6. Replies to discrepancies pointed out at the time ofInspection,

FILING OF PART ELECTION EXPENDITURE STATEMENT ATTRIBUTED TO

CANDIDATES BY POLITICAL PARTIES

ECI No. 76/INSTRUCTIONS/2015/EEPS/VOL. II DATED 8TH SEPTEMBER,

2015

Political parties to file a part election expenditure statement

attributed to the candidates within 30 days of declaration of results

of elections.

Election expenditure of the unrecognized parties attributed to thecandidates and filed within 30 days of declaration of results shall

be put on the website of the CEO within 3 days of receipt

All other instructions contained in the Commission’s No.

76/EE/2012-PPEMS dated 21st January, 2013 and No.

76/PPEMS/Transparency/2013 dated 29th August, 2014 will continue

to be in effect.

e-FILING OF STATEMENT OF ELECTION EXPENDITURE BY POLITICAL PARTY

The Election Commission of India vide its letter

No.76/EE/2012/PPEMS, dated 21st January, 2013 had prescribed a

format for filing Statement of Election Expenditure by the Political

Party within 75 days of Assembly elections or 90 days of LokSabha

Elections .

Now, e-filing facility has been provided and it is desired that

Political Party should file their Statement of Election Expenditure on-line through internet.

e-filing has the facility to modify the entries, any time before its final

submission. The e-filed Statement of Election Expenditure can be

seen by the political parties, before taking printout, of the finalcopy.

RECENT MODIFICATIONS IN THE PROCEDURE OF DEO’S

SCRUTINY & SUMMARY REPORT

(Order no 76/Instructions/2013/EEPS/Vol. IV/334-368, dated,

24.12.2013)

1. Candidates to file accounts of Election Expenditure within 30

days from the date of declaration of result, which is the

statutory time limit.

2. As soon as the accounts are received, the Abstract Statement

needed to be scanned and uploaded in the website of the CEO

within 3 days of receipt by DEOs for dissemination among

public.

3. If any discrepancy/ies in any item of expenditure is noticed vis-

à-vis SOR/FE after receipt of accounts and if no notice was

issued earlier, DEO shall, with the assistance of AEO, issue

notice to the concerned Candidate within 2days of receipt of

accounts and ask the candidate to submit his/her reply within

3days of service of notice.

4. If no reply is received from the candidate within 3 days as

stated above, DEO shall dispose of the case on merits in

consultations with the Expenditure Observer.

5. Decision of the DEO shall needed to be communicated to the

candidate and shall have to be incorporated in the DEO’s

Scrutiny Report.

6. DEO shall have to enter the above data onto the EEMS

software within 3 days after finalisation of the Scrutiny Report

7. Expenditure Observer shall remain present for 7 days during

his 3rd visit to the constituency and DEO to finalise his Scrutiny

and Summary Report by that period and forward the same to

CEO.

8. CEO to send the said Scrutiny and Summary Report(s) of the

DEO to the Election Commission of India within 2 weeks of

receipt of the same.

Not lodging account in manner

o Election Expenditure Register comprising of

Day to Day Account Register + Cash

Register+ Bank Register + Abstract

Statement (Part I to Part VI) + Bills and

Vouchers (serially numbered) if not lodged

with the DEO office,

o Abstract Statement ( Part I to Part VI ) as

well as Affidavit annexed with it not signed

by the candidate himself. (both these

should be singed by the candidate himself).

Not lodging account in manner

o Bills and vouchers are not signed by thecandidate or his election agent,

o In case of discrepancy on any item ofexpenditure, pointed out byRO/Expenditure Observer/designatedofficer during inspection of register, theexplanation along with reason for thediscrepancy on such items not enclosed,

o Self certified copy of the bank statementnot submitted,

o Any amount not correctly reflected by thecandidate or understatement of anyamount of expenditure.

District Expenditure Monitoring

Committee ( DEMC)

• Notice is to be given to candidate by the DEO

when expenditure incurred by the candidate

/agent after last day of inspection is not shown

correctly in the expenses statement as

submitted to the DEO within 30 days of

declaration of result ,as compared with the

expenditures recorded in the SOR

• To be done within 24 hours of the submission

of the account

• Reply of the candidate is to be submitted within

48 hours of the receipt of the notice .

• Reference is to be made to District

Expenditure Monitoring Committee when

candidate/election agent disputes the

suppressed expenditure as found with Shadow

Observation Register.Member s of the DEMC

1. Expenditure Observer in charge of the

constituency

2. DEO

3. Dy DEO/officer in charge of Expenditure

Monitoring of the district

• Reference is to be filed within 48 hrs of receipt

of notice from RO .

• Decision by District Expenditure Monitoring

Committee is to be taken within 72 hours from

the date of receipt of the reply from the

candidate.

• DEO to decide the case of disagreement of the

candidate to above in consultation with the

Expenditure Observer and mention the same in

the Scrutiny Report

• To be done within stipulated period of

submission of the Scrutiny Report.

DEO’s Scrutiny Report : ( Annex-21)

• DEO to make comment at Sl. no.8, prescribed format:-whether candidate has submitted his Expenditure Register (Part A, B,C), Abstract Statement (Part I to VI) along withAffidavit sworn by candidate before Magistrate of first classor Oath Commissioner or Notary Public, vouchers ofexpenses singed by candidate/Agent, Self certified copiesof the Bank Account,

• DEO`s to make comment at Sl. no.10(a) on whetheritems of expenses reported by candidate tally with thoseshown in Shadow Observation Register.

• Any understatement or not mentioned any expenses ,hasto be shown in relevant columns of 10(b) with properevidences collected by various teams on ExpenditureMonitoring.

• A consolidated Summary report of all candidates is to besubmitted by the DEO along with the Scrutiny reports

AFFIDAVITS OF ASSETS AND

LIABILITIES etc.

• The DEO/RO must get a

scanned copy of such

affidavits filed by the

candidates uploaded on the

website preferably within 24

hrs. of receipt.Lear

ning

Mod

ule

of

DEO

12

8

Role of DEO

– The DEO shall notify the rates of items of election

expenditure on which election expenditure will be

assessed within 3 days of announcement of elections by

the Commission

– He will hold a meeting of all recognized National and

State level Political Parties within 3 days of the

announcement of elections by the Commission to

explain the process of expenditure monitoring, legal

provisions relating to election expenditure and

consequences of non-compliance of these provisions.

– He shall scrutinize the statement of accounts of

election expenditure submitted by the candidates after

the declaration of results with the help of the Expenditure

Monitoring Cell and the Observer and submit a report to

the Commission.

129

Role of DEO

– The DEO is responsible for the entire expenditure

monitoring effort in the district.

– The DEO will be assisted by the Expenditure Monitoring

Cell and various teams.

– The DEO shall extend all help to the RO, the Observer and

the Asst. Expenditure Observers in performing their

functions.

– The DEO shall prepare a list of Central Government and

Central PSU employees and give it to the Observer for

appointment of Asst. Expenditure Observers.

– The DEO shall provide logistical support to all the

expenditure monitoring teams.

130

Role of DEO• He shall make appeal to public about restrictions on

carrying cash

• He shall give wide publicity about the Call centre and complaint monitoring mechanism

• He shall involve NYKs, NSS and other citizen forums to inform about distribution of cash and other gift items among electors

• He shall appeal to public and students for ethical voting and educate them that both receiver and giver of bribe will be punishable

• He shall be responsible for training of the manpower engaged in Expenditure monitoring teams and election agents

Role of DEO• Data entry of the scrutiny reports is to be done by

DEOs as per software provided by the commission

• Scanned copy of Abstract statements are put inwebsite of the CEO within 3 days of lodging ofaccounts

• Send Scrutiny reports in consultation withExpenditure Observer

• Preserve the SOR and Folder of evidence forproduction before the commission

• Pursue the cases where FIR is lodged

• Send monthly report to CEO on pending cases ofscrutiny

• Send reports about Party expenses during electionto CEO within 35 days of declaration

Role of CEO• Overall responsibility for free and fair election in the state and excess money power

is curbed effectively

• CEO receives the list of Star Campaigners within a week of notification from all Pol.

Parties and sends it to all DEOs and ROs

• CEO communicates all instructions of the Commission to Pol. Parties and

candidates in local language

• CEO organizes a meeting with all Political parties about the new instructions and

hands them copy of the new Instructions and trains all officials and DEOs and SPs

• CEO sends the DEO Scrutiny report with his comments

• CEO sends report about expenses of Pol. Parties during election to the Commission

• Chief Electoral Officers have to compile the details of seizure in

the prescribed formats (Annexure 50) after taking necessary inputs from the Nodal

Officer of Police, IGP, DEOs etc. and DG Income Tax (Inv), and furnish the same

to the Commission within 7 days of completion of poll.

133

Role of political party

• DEO to report to CEO within 35 days of declaration

of result on expenditure incurred by the party on

general party propaganda seeking support for the

party & its candidate/s in general.

• Will include estimation of expenditure on political

rallies made by the political party between

announcement of election & notification of election

through videography and submit report to CEO.

• Expenditure made by party without reference to any

particular candidate /s shall be reported to the ECI in

prescribed format within 75 days of Assembly poll

and 90 days of Loksabha poll.

Role of political party

• Submission of list of Star campaigners to

CEO/ECI -within 7 days of notification of election

• Submission of statement of election expenses

to Commission mentioning the lump sum

amounts given to candidates, expenses of travel

of star campaigners, expenditures on campaign

materials etc- within 75 days of Assembly poll

and 90 days of Loksabha poll.

• Submission of list of donations to Commission &

audit of accounts - within prescribed time

Thanks