Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING .txt _ #OBJECTIVE OF ELECTION EXPENDITURE MONITORING Election expenditure can broadly be divided into two categories. The first category of election expenditure is the legal expenditure, which is allowed under the law for electioneering, subject to it being w ithin the permissible limit . This would include expenditure connected with campaigning, which is spent on pub lic meetings, public rallies posters, banners, vehicles, advertisements in print or electronic media etc. The second category of the election expenditure is on items which are not permitted under t he law, e.g., distribution of money, liquor, or any other item disbursed and given to the electors with the intent to influence them. This expenditure comes under the definition of “b ribery” which is an offence both under IPC and under R.P. Act, 1951 (The Act). The expenditure on such items is illegal. Yet another form of expenditure wh ich is coming to the fore in recent times is on Surrogate Ad vertisements, Paid News and Social Media etc. The purpose of election expenditure monitoring is, therefore, twofold. For the first category of expenditure, it must be ensured that all election expenditure on permitted items is truthfully reported and considered while scrutinizing the expenditure account sub mitted by the candidates. As far 2 as the second category of expenditure including surrogate advertisements, paid news etc., is concerned, it is obvious that it will never be reported by the political parties/ candidates. Expenditure on campaigning through Social Media tends to be underreported, if at all, especially by candidates. The systems shou ld be robust enough to catch such expenditure as well, and not only include it in the account of election expenditure, but also take action against the wrongdoers under the relevant provisions of the law, including lodging of complaints before the police/ competent magistrate, if required.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING .txt _ especially by candidates. The systems shou ld be robust enough to catch such expenditure as well, and not only include it in the account of election expenditure, but also take action against the wrongdoers under the relevant provisions of the law, including lodging of complaints before the police/ competent magistrate, if required. Section 77(1) of the Representation of the People Act, 1951 makes it mandatory for every candidate to the House of the People or a State Legislative Assembly, to keep a separate and correct account of all expenditure incurred or authorized by him or by his election agent, between the date on which he was nominated and the date of declaration of the result of election, both dates inclusive. The total of the said expenditure shall not exceed such amount as may be prescribed under Section 77(3) of R.P. Act, 1951. Under Section 77(2), the account shall contain such particulars as may be prescribed. Rule 90 of the Conduct of Elections Rules, 1961 (The Rules) prescribes varying limits of election expenditure for Parliamentary and Assembly Constituencies in each of the States and Un ion Territories. The p articulars, which have to be shown in the election account of the candidates are prescribed in Rule 86 of the Rules. The ceilings on expenditure as prescribed are enclosed at Annexure -A1. Failure to maintain the account is an electoral offence under Section 171-I of the Indian Penal Code. (Basic Legal Provisions are given in A nnexure - A1) The incurring or authorizing of expenditure in excess of the limit prescribed under Section 77(3) of R.P. Act, 1951 is a corrupt practice with reference to Section 123(6) of the R.P. Act,Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING .txt _ 1951. The b eneficial objective sought to be achieved by making the incurring or authorizing of election expenditure in excess of the prescribed limit as a corrupt p ractice was elucidated by the Supreme Court in Kanwar Lal Gupta vs Amar Nath Chawla (AIR 1975 SC 308), as follows: “… The object of the provision limiting the expenditure is twofold. In the first place, it shou ld be open to any individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party shou ld be able to secure an advan tage over others by virtue of its superior financial strength…. The other objective of limiting the expenditure is to eliminate, as far as possible, the influence of big money in the electoral process. If there was no limit on expenditure, 3 political partie s would go all out for collecting contributions………. The pernicious influence of big money would then play a decisive role in controlling the democratic pro cess in the country….” According to Section 78 of R.P. Act, 1951, every contesting candidate is required to lodge a true copy of the account of his election expenses with the District Election O fficer (DEO) within 30 days of the declaration of the result of the election. Failure to lodge the account of election expenses within the time and in the manner required by law without good reason or justification may result in disqualification of the candidate concerned by the Election Commission of India under Section 10A of R.P. Act, 1951. The Supreme Court has held in L.R. Shivaramagowde Vs. T.M. Chandrashekar - AIR 1999 SC 252 that the Commission can go into the correctness of the account of election expenses filed by the candidate and disqualify a candidate under Section 10A of theCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING .txt _ Commission of India under Section 10A of R.P. Act, 1951. The Supreme Court has held in L.R. Shivaramagowde Vs. T.M. Chandrashekar - AIR 1999 SC 252 that the Commission can go into the correctness of the account of election expenses filed by the candidate and disqualify a candidate under Section 10A of the Representation of the People Act, 1951 in case the account is found to be incorrect or untrue. Thus, not only is a candidate required to keep his election expenses within the ceiling prescribed by the law, he/she has to also maintain a day to day and true account of his/her election expenditure in the prescribed manner, present the account for inspection by the Observer, RO or authorized person and submit it to the DEO concerned within 30 days of the declaration of the result. Exceeding the prescribed ceiling of expenditure can be a ground for an election petition against a winning candidate. A brief summary of t he legal provisions regarding election expenditure has been given in this chapter of the Compendium. With each chapter, i nstructions issued by the Commission from time to time updating specific aspects have been enclosed to giv e an overall and unambiguous understanding of the measures taken for strict monitoring of election expenditure. This Compendium brings together at one place the relevant provisions of law and instructions to be followed scrupulously by election officers, o bservers, candidates and political parties for effecti ve monitoring and scrutiny of election expenditure.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ #Annexure -A1 Legal ProvisionsCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 1. Indian Penal Code 1860 171B. Bribery: - (1) Whoever- (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commit s the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this Section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 171E. Punishment for bribery - Whoever commits the offence of bribery sh all be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Provided that bribery by treating shall be punished with fine only. Explanation – “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undu e influence or personation at an election; - Whoever commit s the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171H. Illegal payments, in connection with an election - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on accountCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ commit s the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171H. Illegal payments, in connection with an election - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hund red rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority ob tains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he sh all be deemed to have incurred such expenses with the authority of the candidate. 5 171I. Failure to keep election accounts. - Whoever being recruited by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection w ith an election fails to keep such accounts shall be punished with fine which may extend to five hund red rupees.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 2. The Representation of the People Act, 1951Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 77. Account of election expenses and maximum thereof - (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between [the date on wh ich he has been nominated] and the date of declaration of the result thereof, both dates inclusive. [Explanation 1.- For the removal of doub ts, it is hereby declared that---- (a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transpo rt propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorized by a candidate of that political party or his election agent for the purposes of this sub-section; (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Gov ernment and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause sh all not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this sub-section. Explanation 2.- For the purposes of clause (a) of Explanation 1, the expression “leaders of a political party”, in respect of any election, means, - (i) where such political party is a recognized po litical party, such persons not exceeding forty in number, and (ii) where such political party is other than a recognized political party, such persons not exceeding twenty in number, whose n ames have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election,Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ exceeding forty in number, and (ii) where such political party is other than a recognized political party, such persons not exceeding twenty in number, whose n ames have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of notification for su ch election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act; Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.] 6 (2) The account shall contain such particulars, as may be prescribed. (3) The total of the said expenditure shall not exceed such amount as may be prescribed. (As per explanation 1(a) read with Explanation 2 under sub-section (1) of Section 77 of the Representation of the People Act, 1951, the expenditure incurred by leaders of political party on account of travel for propaga ting programme of the par ty shall not be deemed to be expenditure in connection with the election, incurred or authorized by the candidate or his agent)Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 78. Lodging of account with the District Election Officer.- [(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the [ district election officer] an account of his election expenses wh ich shall be a true copy of the account kept by him or by his election agent under section 77.] 10A. Disqualification for failure to lodge account of election expenses . - If the Election Commission is satisfied that a person- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 123. Corrupt practices. —The following shall be deemed to be corrupt practices for the purposes of this Act: — 3[(1) “Bribery” that is to say — (A) any gift, offer or promise by a cand idate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing — (a) a person to stand or not to stand as, or 4[to withdra w or not to withdraw] from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to — (i) a person for having so stood or not stood, or for 5[having withdrawn or not having with drawn] his candidature; or (ii) an elector for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward — 7 (a) by a person for standing or not standing as, or fo r 6[withdrawing or not withdrawing] from being, a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or at tempting to induce any elector to vote or refrain from voting, or any cand idate 3[to withdraw or not to withdraw] his candidature. Explanation. —For the purposes of this clause the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment an d all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of theCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his election agent], with the free exercise of any electoral right: Provided th at— (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who — (i) threatens any candidate or any elector, or any perso n in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex - communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an objec t of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this claus e; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. 1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious sym bols or the use of, or appeal to, national symbols, such as the national f lag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 8Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ his religion, race, caste, community or language or the use of, or appeal to religious sym bols or the use of, or appeal to, national symbols, such as the national f lag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 8 2[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.] (3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.] 3[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent f or the furtherance of the prospects of the election of that candidate or f or prejudicially affecting the election of any candidate. Explanation. —For the purposes of this clause, “sati” and “glorification” in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 ( 3 of 1988)]. (4) The publication by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent], of any statement of fact which is false , and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ candidate or his election agent], of any statement of fact which is false , and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election. (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent] 6[or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub -section ( 1) of section 29 for the poll: Provided that the hiring of a vehicle or vessel by an ele ctor or by several electors at their joint costs for the pu rpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling sta tion or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. 9 Explanation. —In this clause, the expression “vehicle” means any vehicle used or capa ble of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or authorising of expenditure in contravention of section 77. (7) The obtaining or procuring or a betting or attempting to obtain or procure by a can didateCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or authorising of expenditure in contravention of section 77. (7) The obtaining or procuring or a betting or attempting to obtain or procure by a can didate or his agent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospe cts of that candidate’s election, 2[from any person whether or not in the service of the Government] and belonging to any of the following classes, namely: — (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of the police forces; (e) excise officers; 3[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land rev enue collect ed by them but who do not discharge any police functions; and (g) such other class of persons in the service of the Government as may be prescribed: 4[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of t he candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’ s election;] 5[(h) class of persons in the service of a local authority, university, governmentCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’ s election;] 5[(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.] 6[(8) Booth captur ing by a candidate or his agent or other person.] Explanation. —(1) In this section the expression “agent” includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (2) For the purposes of clause ( 7), a person shall be deemed to assist in the furtherance of the prospects of a candidate’s election if he acts as an election agent 7*** of that candidate. 10 8[(3) For the proposes of clause ( 7), notwithstand ing anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof — (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and (ii) where the date of t aking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case o f resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.]Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case o f resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.] 1[(4) For the purposes of clause ( 8), “booth capturing” shall have the same meaning as in section 135A.] 125A. Penalty for filing false affidavit, etc. -A candidate who himself or through his proposer, with intent to be elected in an election, - (i) fails to furnish information relating to sub -section (1) of section 33A; or (ii) give false information which he knows or has rea son to believe to be false; or (iii) conceals any information, in his nomination pap er delivered under sub -section (1) of section 33 or in his affidavit which is required to be delivered under sub -section (2) of section 33A, as the case may be, shall, notwithst anding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 127A. Restrictions on the printing of pamphlets, posters etc.-(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or pos ter which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster- (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, 11 (i) where it is printed in the capital of the State, to the Chief ElectoralCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, 11 (i) where it is printed in the capital of the State, to the Chief Electoral Officer; and (ii) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section, - (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and (b) “election pamphlet or poster” means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely annou ncing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thous and rupees, or with both. 29 B. Political parties entitled to accept contribution -Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amoun t of contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution fro m any foreign source defined under clause (e) of section 2 of the Foreign Con tribution (Regulation) Act, 1976 (49 of 1976). Explanation -For the purposes of this section and section 29C -Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution fro m any foreign source defined under clause (e) of section 2 of the Foreign Con tribution (Regulation) Act, 1976 (49 of 1976). Explanation -For the purposes of this section and section 29C - (a) “company” means a company as defined in section 3; (b) “Government company” means a company within the meaning of section 617; and (c) “con tribution” has the meaning assigned to it under section 293A, of the Companies Act, 1956 (1 of 1956) a nd includes any donation or subscription offered by any person to a political par ty; and (d) “person” has the meaning assigned to it under clause (31) of sect ion 2 of the Income -tax Act, 196 1 (43 of 1961), but does not include Government company, local authority and every artificial juridical person wholly or partially funded by the Go vernment. 29 C. Declaration of donation received by the political partie s-(1) The treasurer of a political party or any other person authorized by the political party in this behalf shall, in each financial year, prepare a report in respect of the followi ng, namely: (a) the contribution in excess of twenty thousand rupees receive d by such political party from a ny person in that financial year; (b) the contribution in excess of twenty thousand rupees received by such political party from companies other th an Government companies in that financial year. 12 [Provided that nothing co ntained in this sub -section shall apply to the contributions received by way of an electoral bond. Explanation -For the purposes of this sub -section, “electoral bond” means a bond referred to in the Explanation to sub -section (3) of section 31 of the Reserve Ba nk of India Act, 1934 (2 of 1934 ).] (2) The report under sub -section (1) shall be in such form as may be prescribed.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ received by way of an electoral bond. Explanation -For the purposes of this sub -section, “electoral bond” means a bond referred to in the Explanation to sub -section (3) of section 31 of the Reserve Ba nk of India Act, 1934 (2 of 1934 ).] (2) The report under sub -section (1) shall be in such form as may be prescribed. (3) The report for a financial year under sub -section (1) shal l be submitted by the treasurer of a political party or any other person authorized by the political party in this behalf before the due date for furnishing a return of its in come of that financial year under section 139 of the Income -tax Act, 1961 (43 of 1961), to the Election Commission. (4) Where the treasurer of any political p arty or any other person authori zed by the political party in this behalf fails to submit a report under sub -section (3) then, notwithstanding anything contained in the Income -tax Act, 1961 (43 of 1961), such political party shall not be entitled to an y tax relief under that Act.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 3. The Election Symbols (Reservation and Allotment) Order, 1968: 16A: Power of Commission to suspend or wi thdraw recognition of a recognis ed political party for its failure to observe Model Code of Conduct or follow lawful directi ons and instructions of the Comm ission -Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognis ed e ither as a National Party or as a State Party under the provisions of thi s order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct o r otherwise (a) to observe the provisions of the Model Code of Conduct for Guidan ce of Political Parties and “Candidates” as issued by the Commission in Janua ry, 1991 or as amended by it fro m time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furtheri ng the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking int o account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it , either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party. 4. The Conduct of Elections Rules, 1961 85B. Form of contribution s report - The report for a financial year under sub -section (1) o f section 29C shall be submitted in F orm 24A by the treasure r of a political part y or any other person authorised by the political party in this behalf, befor e the due date for furnishing a return of its income of that financial year under section 139 of the Income tax Act, 1961 (43 of 1961), to the Election Commission.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 86. Particulars of account of election expenses.- (1) The account of election expenses to be kept by a candidate or his election agent under section 77 shall contain the following particulars in respect of each item of expenditure from day to day, namely:- 13 (a) the date on which the expenditure was incurred or authorized; (b) the nature of expenditure (as for example, traveling, postage or printing and the like); (c) the amount of expenditure- (i) the amount paid; (ii) the amount outstanding; (d) the date of payment; (e) the name and address of the payee; (f) the serial number of vouchers, in case of amount paid; (g) the serial number of bills, if any, in case of amount outstanding; (h) the name and address of the person to who the amount outstanding is payable. (2) A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as postage, travel by rail and the like, it is not practicable to obtain a voucher. (3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1). (4) It shall not be necessary to give the particulars mentioned in item (e) of sub- rule (1) in regard to items of expenditure for which vouchers have not been obtained under sub-rule (2). 87. Notice by [district election officer] for inspection of accounts. - The [district election o fficer] shall, within two days from the date on which the account of election expenses has been lodged by a candidate und er section 78, cause a notice to be affixed to his notice board, specifying- (a) the date on which the account has been lodged; (b) the name of the candidate; and (c) the time and place at which such account can be inspected.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 88. Inspection of account and the obtaining of copies thereof. - Any person shall on p ayment of a fee of one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 89. Report by the [District Election Officer] as to the lodging of the account of election expenses and the decision of the Election Commission thereon. (1) As soon as may be after the expiration of the time specified in section 78 for the lodging of accounts of election expenses at any election, the [d istrict election officer] shall report to the Commission- (a) the name of each contesting candidate; 14 (b) whether such candidate has lodged his account of election expenses and if so, the date on which such account has been lodged; and (c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules. (2) Where the District Election Officer is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these rules, he shall with every su ch report forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it. (3) Immediately after the submission of the report referred to in sub-rule (1) the [district election officer] shall publish a copy thereof affixing the same to his notice board. (4) As soon as may be after the receipt of the report referred to in sub -rule (1) , the Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules. (5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he shou ld not be disqualified und er section 10A for the failure. (6) Any contesting candidate who has been called upon to show cause under sub- ruleCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he shou ld not be disqualified und er section 10A for the failure. (6) Any contesting candidate who has been called upon to show cause under sub- rule (5) may within 20 days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the District Election Officer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. (7) The District E lection Officer shall, within 5 days of the receipt thereof, forward to the Election Commission the copy of the representation and the account (if any) with such comments as he wishes to make thereon. (8) If, after considering the representation su bmitted by the candidate and the comments made by the District Election Officer and after such inquiry as it thinks fit, the Election Commission 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 under section 10A for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 90. Maximum election expenses. - The total of the expenditure of which account is to be kept under Section 77 of the R. P. Act, 1951 and which is incurred or authorized in connection with an election in a State or Union Territory mentioned on column 1 of the Table below shall not exceed- (a) in any one parliamentary constituency of that State or Union Territory, the amount specified in the correspond ing column 2 of the said Table; and (b) in any one assembly constituency, if any, of that State or Union Territory, the amount specified in the correspond ing column 3 of the said Table- 15 TABLE Sl. No Name of State or Union Territory Maximum limit (in Rs.) of election expenses in any one Parliamentary Constituency Assembly Constituency 1 2 3 I. State 1 Andh ra Pradesh 95,00,000 40,00,000 2 Arunachal Pradesh 75,00,000 28,00,000 3 Assam 95,00,000 40,00,000 4 Bihar 95,00,000 40,00,000 5 Chhattisgarh 95,00,000 40,00,000 6 Goa 75,00,000 28,00,000 7 Gujarat 95,00,000 40,00,000 8 Haryana 95,00,000 40,00,000 9 Himachal Pradesh 95,00,000 40,00,000 10 Jharkhand 95,00,000 40,00,00 0 11 Karnataka 95,00,000 40,00,000 12 Kerala 95,00,000 40,00,000 13 Madhya Pradesh 95,00,000 40,00,000 14 Maharashtra 95,00,000 40,00,000 15 Manipur 95,00,000 28,00,000 16 Meghalaya 95,00 ,000 28,00,000 17 Mizoram 95,00,000 28,00,000 18 Nagaland 95,00,000 28,00,000 19 Odisha 95,00,000 40,00,000 20 Punjab 95,00,000 40,00,000 21 Rajasthan 95,00,000 40,00,000 22 Sikkim 75,00,000 28,00,000 23 Tamil Nadu 95,00,000 40,00,000 24 Telangana 95,00,000 40,00,000 25 Tripura 95,00,000 28,00,000 26 Uttar Pradesh 95,00,000 40,00,000 27 Uttarakhand 95,00,000 40,00,000 28 West Bengal 95,00,000 40,00,000 16 II. UNION TERRITORIES 1 Andaman and Nicobar Island 75,00,000 - 2 Chandigarh 75,00,000 - 3 Dadra and Nagar Haveli and Daman and Diu 75,00,000 - 4 Delhi 95,00,000 40,00,000Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions .txt _ 24 Telangana 95,00,000 40,00,000 25 Tripura 95,00,000 28,00,000 26 Uttar Pradesh 95,00,000 40,00,000 27 Uttarakhand 95,00,000 40,00,000 28 West Bengal 95,00,000 40,00,000 16 II. UNION TERRITORIES 1 Andaman and Nicobar Island 75,00,000 - 2 Chandigarh 75,00,000 - 3 Dadra and Nagar Haveli and Daman and Diu 75,00,000 - 4 Delhi 95,00,000 40,00,000 5 Lakshadweep 75,00,000 - 6 Puducherry 75,00,000 28,00,000 7 Jammu and Kashmir 95,00,000 40,00,000 8 Ladakh 75,00,000 - (M/o Law and Justice, Legislative Department’s Notification S. O. 72(E) dated 6th January , 2022, amendin g Rul e 90 of the Conduct of Elections Rules, 1961 )Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO .txt _ #Checklist for RO [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before announcement of elections : - 1. To have the updated l ist of all the disqualified candidates, who have incurred disqualification u/s 8A and 11A (for corrupt practices) and 10 A (failure to lodge the account of election expenses in time and manner) of the R.P. Act, 1951, which may also be viewed on Commission ’s website www.eci.gov.in 2. To ensure that the following formats are ready at the o/o the DEO/RO: (i) Election Expenditure Register of the candidates (duly serial numbered comprising of Bank Register, Cash Register, Da y to Day Account Register, Abstract Statement (Part I to Part IV) along with Schedules 1 to 11, Format of Affidavit and Acknowledgement. (ii) Shadow Observation Register (iii) Video Cue Sheet (iv) Reporting formats by Flying Squad/Static Surveillance Team (v) Compendium of Election Expenditure guidelines in local language. (vi) Form 26 regarding criminal cases, assets and liabilities. 3. To identify Expenditure Sensitive Pockets (ESPs), in the Constituency on the basis of level of development, literacy and complaints received during the last Assembly elections and to report to Commission. 4. To identify the Master Trainers of State Police and State Excise Department of the district for Expenditure Monitoring Team. 5. To pursue all pending cases of last ele ction, where FIR was filed and take them to their logical conclusion. 6. To identify officers who will be notified as Executive Magistrate for the Flying Squad/ Static Surveillance Team. 7. To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases. 8. To arrange vehicles for all teams and the logistics.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO .txt _ 6. To identify officers who will be notified as Executive Magistrate for the Flying Squad/ Static Surveillance Team. 7. To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases. 8. To arrange vehicles for all teams and the logistics. 9. To interact with BAGs and sensitize them about their role in ethical voting campaign and provide information on malpractices during elections. B. After announcement of election 34410. To ensure that FS, VST, VVT, MCMC and Accounting team are functional from the date of announcement of election. 11. To ensure that GPRS is fitted in all FS/SST vehicles and the Flying Squads shall attend both the MC C cases and expenditure related cases within ½ an hour of receipt of complaint. 12. The expenses incurred by the political parties shall be observed from the date of announcement of election till completion of election and reported to CEO party wise, after declaration of result. 13. To file FIR in appropriate cases, as detected by FS, SST or EO. C. After issuance of notification of elections: - 14. To ensure that SSTs are functional from the date of issue of notification. 15. Take note of the list of St ar Campaigners received by the CEO and ECI within 7 days of notification of election. 16. To scan the affidavit of assets and liabilities submitted by the candidates and upload on to the CEO’s website within 24 hours of its receipt. 17. To hold a meeting of all the candidates or agents immediately after the allotment of symbols to explain the process of expenditure monitoring, legal provisions relating to election expenditure and consequences of non -compliance of these provisions. 18. Expenditure Regist er in prescribed format is ready to be handed over to the candidateCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO .txt _ 17. To hold a meeting of all the candidates or agents immediately after the allotment of symbols to explain the process of expenditure monitoring, legal provisions relating to election expenditure and consequences of non -compliance of these provisions. 18. Expenditure Regist er in prescribed format is ready to be handed over to the candidate 19. To notify date for inspection of accounts by the Expenditure Observer during the campaign period and issue notices to the defaulting candidates as directed by the Expenditure Observer . 20. To supervise complaint monitoring system and ensure that every complaint is enquired within 24 hours of its receipt. 21. To ensure that all the documents required are put on his website and copies of the same, if requested, are given immediately to the members of public on payment of prescribed fee. 22. To ensure that after seizure by FS/SST, FIR/ complaint is filed promptly in appropriate cases. 23. To interact with Expenditure Observers/Assistant Expenditure Observers and to ensure that all team s are working smoothly. 24. To issue notice to the candidate, whey any defect is pointed out by the EO/DEO and received reply from the candidate/agent. 25. To issue notice to the candidate, preferably within 24 hrs. of the date of receipt of information about suppression/omission of the expenditure incurred by the candidate or if the candidate has not produced his account of election expenses for inspection on scheduled date or if the expenses incurred in election campaign are not correctly shown by the c andidate. 26. To ensure that the reply of the notices issued to the candidates are received within 48 hrs. ……………………….Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ #Checklist for DEO [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before annou ncement of elections: - 1. To identify officers to be appointed as Assistant Expenditure Observers from Income Tax, Customs & Central Excise or other Accounts Departments of Central Govt. or PSUs or State Financial Services. 2. To identify manpower for Flying Squad (3 or more per AC); Static Surveillance Team (3 or more per AC) and Video Surveillance Team (one or more per AC). 1. To mobilise Video Cameras, Web Cams, GPRS system etc., as per requirement of Video Surveillance Teams, Flying Squads and Static S urveillance Teams. 2. To arrange TV/Computers with TV connection for MCMC. 3. To identify Expenditure Sensitive pockets (ESPs) and Expenditure Sensitive Constituencies (ESCs) – on the basis of level of development, literacy, complaints during Legislative Assembl y Election to forward to ECI. 4. To identify a senior officer of ADM rank as Nodal Officer for Expenditure Monitoring and inform to ECI – He will be Master Trainer for all Expenditure Monitoring officials 5. To identify the Nodal Officer of State Police and Stat e Excise Department of the district for Expenditure Monitoring programme - they will be Master Trainers. 6. To pursue all pending cases of last election, where FIR was filed and take it to logical conclusion. 7. To identify officers who will be notified as Execut ive Magistrate for the Flying Squad / Static Surveillance Team. 8. To prepare plan for training in 2/3 phases of all manpower to be deployed in Expenditure Monitoring Teams. 9. To prepare workshop on EEM for the Media and political party functionaries of the district, especially on requirement for rallies, notification of rates, restriction on cash transaction and role of parties and media during election.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ 8. To prepare plan for training in 2/3 phases of all manpower to be deployed in Expenditure Monitoring Teams. 9. To prepare workshop on EEM for the Media and political party functionaries of the district, especially on requirement for rallies, notification of rates, restriction on cash transaction and role of parties and media during election. 10. To print the following: (i) Election Expenditure Register of the candidates (duly serial numbered) comprising of Bank Register, Cash Register, Day to Day Account Register, Abstract Statement 346(Part I to Part IV) along with Schedules 1 to 1 1, Format of Affidavit and Acknowledgement (ii) Shadow Observation Register (iii) Video Cue Sheets for Video Surveillance Teams (iv) Reporting f ormats by Flying Squad / Static Surveillance Team (v) Compendium of Election Expenditure guidelines in Hindi/Local language (vi) Form 26 regarding criminal cases, assets and liabilities. (vii)Revised statement of Expenditure for the political parties, to be submitted wi thin 75 days of declaration of result. 13. To identify the Booth Level Awareness Groups (BAGs) and have a sensitisation programme with the BAGs at district level for ethical voting campaign, pledge letter, and for familiarising them with software for upl oading photo, audio, video of malpractices to complaint centre. 14. To organise meeting with all Citizen Societies (CSOs)/NGOs, academicians, media persons, and intellectuals on ethical voting and sensitise them about their role on ethical voting campaign and creating awareness of penal provisions against bribing. 15. To prepare advertisement materials, audio video visuals, slogans etc. on ethical voting. 16. To organise debate, slogan, cartoon etc. competitions in schools and colleges on ethical voting and against bribery of elections.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ 15. To prepare advertisement materials, audio video visuals, slogans etc. on ethical voting. 16. To organise debate, slogan, cartoon etc. competitions in schools and colleges on ethical voting and against bribery of elections. 17. To ensure that the pledge letters or ethical voting are circulated widely and signature campaign for ethical voting is taken up in large scale. 18. To ensure that all cases of accounts of election expenses of candidate s (pertaining to last Assembly elections) have been disposed of. B. After announcement of election 19. To arrange meeting with banks (i) for facilitation in opening bank account by candidates and issuing cheque books/(ii) for sending suspicious transactio n report exceeding Rs.10 Lakh (iii) Procedure to be followed for ATM Vans as per guideline of Ministry Finance dtd. 20.2.2013 ( Annexure -G2) 34720. To go through the Guidelines for permission for helicopter landing in the district and for checking of baggage. 21. To arrange a meeting with political parties in the district after announcement of election for notification of rates of different items of election campaign expenditure and get consensus on rates, with their signature. 22. To start functioning of Dis trict level Complaint Monitoring Centre, MCMC, FS,VST,VVT and Accounting Team from the date of announcement of election. The SST will start functioning after issue of notification. 23. To videograph all rallies held by the political parties, for tally ing expenditure by the party with the expenditure statement furnished after 75 days of Assembly election and 90 days after Lok Sabha elections. 24. To publicise in local language about the checking measures against movement of cash during election. C. After issue of notification of election :-Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ 23. To videograph all rallies held by the political parties, for tally ing expenditure by the party with the expenditure statement furnished after 75 days of Assembly election and 90 days after Lok Sabha elections. 24. To publicise in local language about the checking measures against movement of cash during election. C. After issue of notification of election :- 25. To ensure that SSTs are functional in all constituencies and to see that all teams of EEM are functional at constituency and district level and to ensure that FS/SST are mixed with CPF in Expenditure Ssensitive Cconstituencies . 26. To form DEMC and inform the procedure of appeal, SOP for FS/SST to all candidates. 27. To publicise in local media, the appeal procedure against the seizure of cash. 28. To take note of the list of Star Campaigners receive d directly by the CEO office or from the Commission, within 7 days of notification of election. 29. To up -load scanned copies of all the Affidavits of Criminal cases, Assets & liabilities on the CEO website, within 24 hours of these being filed by can didates of the recognised political parties and in case of other candidates one day after the scrutiny of nomination for public display. 30. Teams involved in EEM like FS, SST, VST, VVT, EMC, Excise Team, MCMC, DEMC, Accounting Team, 24X7 District EEM Cont rol room etc. are to be strengthened during the last 72 hrs . of poll and CPF be provided to the FS, SST where required, which are deployed near the polling stations. 31. To have police deployment plan during last 72 hrs . as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 348D. After completion of elections :-Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ 31. To have police deployment plan during last 72 hrs . as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 348D. After completion of elections :- 32. To arrange one -day facilitation training programme for all the candidates/ election agents and the personnel engaged for receiving accounts withi n one week before the last date of submission of the accounts of election expenses. 33. To issue letter just after declaration of result to candidates for “Account Reconciliation Meeting” on the 26th day of declaration of result and to request them to com e prepared with the draft expenditure reports/statements and to arrange the said meeting with Expenditure Observers, Assistant Expenditure Observers, members of Accounting Team, Nodal Officer of Election Expenditure Monitoring of the district . 34. To issu e a letter just after declaration of results to all the candidates for lodging the account within 30 days of declaration of result and mentioning the date of facilitation training in that notice. 35. If no notice on understatement of items had been is sued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in Account Reconciliation Meeting first and subsequently shall be inf ormed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). 36. If there is any procedural defect in the account of a candidate, the DEO shall issue a notice to defaulting candidate giving him 3 days time for rect ifying the defect in the account. The reply of the candidate alongwith copy of the notice shall be forwarded to the Commission by the DEO with his comments.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO .txt _ 36. If there is any procedural defect in the account of a candidate, the DEO shall issue a notice to defaulting candidate giving him 3 days time for rect ifying the defect in the account. The reply of the candidate alongwith copy of the notice shall be forwarded to the Commission by the DEO with his comments. 37. In cases of delay in filing of accounts, not exceeding 15 days from the due date, the DEO shall suo-motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, alongwith his comment s. 38. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format ( Annexure -C13) of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day. 39. Scanned copy of the Abstract Statement (Part I to Part IV along with Schedule 1 to 1 1) of all the candidates along with copies of all notices issued by the RO, if any, and the replies thereto, during election period, must be put on the w ebsite of the CEO, positively 349within 3 days of lodging of account of election expenses by the candidate, for wider dissemination of information to all public. 40. The scrutiny report of DEO for each candidate is to be entered Encore (Annexure -C17), within 3 days after submission of DEO’s Scrutiny Report.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ #Checklist for CEO: [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before announcement of elections: - 1. To appoint a Nod al officer in the CEO office for Election Expenditure Monitoring (EEM) training, reporting to Commission and to also co -ordinate with the state Police Dept., Income Tax Dept (Inv.), State Excise Dept. and to forward to the Secretary (EEM) at the Commission , the names, telephone no. & mobile no., e -mail and address of all these Nodal Officers, before announcement of election in state. 2. To compile list of Expenditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs), within the ACs and s end the list to the Commission well in advance, preferably six months in advance from the date of completion of the term of Assembly, along with the slotting for Expenditure Observers and the allotment of districts. 3. To translate into the local language an d print the Compendium of Election Expenditure Instructions in sufficient numbers and to distribute copies to candidates, officers engaged in EEM, Nodal Officers of all departments, DEOs and SPs, Political parties and Media. 4. To print all the registers and forms required for reporting by the candidates and the teams engaged in expenditure monitoring. 5. To identify and prepare for training of all Master Trainers / Nodal officers, to be deployed (at district level in DEO office, Police and Excise Department) for EEM in the state, in advance. 6. To identify man power in all districts for Asst. Exp. Observers, members of VST,VVT, FS, SST, MCMC and Accounting Teams and to impart two or three training programmes for each member of the team and to ensure that the manpow er for FS/SST/VST/Accounting Team/MCMC/District level complaint centre are properly trained.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 6. To identify man power in all districts for Asst. Exp. Observers, members of VST,VVT, FS, SST, MCMC and Accounting Teams and to impart two or three training programmes for each member of the team and to ensure that the manpow er for FS/SST/VST/Accounting Team/MCMC/District level complaint centre are properly trained. 7. To ensure that officers are identified in advance by all districts that will be notified as Executive Magistrates for the Flying Squads (FS) to be deployed from th e date of announcement of election till the date of completion of election. 3518. To ensure that vehicles for all the teams, Video cameras/ Web cams etc. for FS/SST/VST and TVs with cable connections for the MCMC, are arranged by the DEOs. 9. To ensure that vehicl es to be used by FST/SST are GPRS enabled. 10. To prepare for workshop for political parties at State level with regard to the EEM Instructions issued by the Commission. To prepare sensitisation workshop on EEM for the Media. 11. To obtain media advertisement rate s, DIPR and DAVP rates for the State/district. 12. To liaison with Excise Commissioners and Police Commissioners of bordering states with regard to control of flow of illicit liquor, drugs etc. to or from the state during elections. 13. To liaison with the Directo r General of Income Tax (Investigation) of the state to get the Airport Intelligence Units (AIUs) operational at all commercial airports in the state and to identify all operational non -commercial airports/airstrips/helipads in the state and see that prope r checking arrangement is done. 14. To liaison with BSF, or ITBP, if state has international border and to sensitise them reg. movement of cash, liquor or drugs during election. 15. To pursue all old pending cases of last election where FIRs were filed and take th em to logical conclusion.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 14. To liaison with BSF, or ITBP, if state has international border and to sensitise them reg. movement of cash, liquor or drugs during election. 15. To pursue all old pending cases of last election where FIRs were filed and take th em to logical conclusion. 16. To ensure that all the cases of accounts of election expenses of candidates pertaining to the last Assembly elections have been disposed of. Ethical Voting: - 17. To form Booth Level Awareness Groups (BAGs) and equip them with all eth ical voting materials and the software to upload photo/video of malpractices and to ensure that the DEOs have sensitisation meeting with BAGs for ethical voting campaign, signing pledge letters etc. 18. To organise meeting with all Citizen Societies (CSOs)/NGO s of the State, educationists, academicians, media person of the state to spread the message of ethical voting. 19. To prepare all advertisement matters like audio, video, visuals slogans etc. on ethical voting. 35220. To organise debate, slogan, cartoon competitions in schools and colleges on ethical voting and to circulate pledge letters/signature campaign for ethical voting and against bribery. 21. To have partnership with media organisations on ethical voting campaign and penal provisions of bribery. 22. To update the web site data on the status reports of the registered political parties regarding their annual Audit report, election expenditure statement and contribution reports. B. After announcement of election: - 23. To start functioning of the District Level Complaint Monitor ing Centre, FSs, VSTs, VVTs, Accounting Teams from the date of announcement of election to capture expenditure of all major rallies, to attend to complaints and to enforce Model Code of Conduct. After announcement, the party expenses are to be captured by VST and FS and compiled reports sent to CEO, for each party, so that the expenditure statements filed by the parties are tallied subsequently.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 24. MCMC to start functioning from date of announcement. 25. To make arrangements at district level, for up -loading sca nned copies of all the Affidavits of Criminal cases, Assets & liabilities on the CEO website, within 24 hours of these being filed by candidates of the recognised political parties and in case of other candidates one day after the scrutiny of nomination fo r public display. 26. To direct the DEOs to ensure that the SSTs are properly manned and formed to start functioning from date of notification. The reporting by the teams in the relevant formats to start from the day of notification of election. 27. To ensure tha t CAPF are mixed in FS/SST in ESCs. C. After issue of Notification of elections: - 28. To ensure that SSTs are functional in all constituencies and to see that all teams of EEM are functional at constituency and District level and to ensure that FS/SST are mixed w ith CPF in Expenditure Sensitive Constituencies. 29. To publicise in local language in all media about restrictions in carrying cash during election period, the checking of cash and the procedure for appeal against seizure. 35330. To take note of the list of Star C ampaigners received directly by the CEO office or from the Commission, within 7 days of notification of election and circulate among the DEOs/ROs and upload on the website. 31. To ensure that the copies of the Affidavits regarding Criminal cases, Asset and Lia bility are displayed on the notice board of DEOs and scanned copies are uploaded on the website within 24 hrs. 32. To ensure that the dates of three inspections of accounts by all Expenditure Observers are notified. 33. To ensure that the scanned copies of the reg isters of the candidates after each inspection are uploaded on the DEO’s portal with link provided to the CEO’s website. 34. To form State level MCMC and ensure timely disposal of suspected Paid News cases / connected grievances referred, if any.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 33. To ensure that the scanned copies of the reg isters of the candidates after each inspection are uploaded on the DEO’s portal with link provided to the CEO’s website. 34. To form State level MCMC and ensure timely disposal of suspected Paid News cases / connected grievances referred, if any. 35. To ensure t hat strict monitoring is done in ESCs and ESPs. 36. Teams involved in EEM like FS, SST, VST, VVT, EMC, Excise Team, MCMC, DEMC, Accounting Team, 24X7 District EEM Control room etc. are to be strengthened during the last 72 hrs. of poll and CPF be provided to t he FS, SST where required, which are deployed near the polling stations. 37. To have police deployment plan during last 72 hrs as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 38. To ensure that seizure repor ts are sent to the Commission by all Nodal officers in time. 39. To ensure that action is taken on complaints within half an hour. 40. To ensure that all major rallies are videographed. 41. To ensure that ROs promptly file FIR, in cases detected by FS/SST/Accounting T eam. D. On the Poll day: - 42. To forward to ECI (to the Secretary, EEM) the compiled CEO’s report on EEM up to Poll day and including poll day (Ref. Annexure – C3) by/before 1.00 PM, for media briefing by the Commission at 5.00 PM. E. After completion of elections :- 43. To ensure that all seized cash/items are released within 7 days of poll, if no FIR is filed, or, if not handed over to Income Tax Dept. 35444. To ensure proper training at district level (within 23 days after declaration of result) for the candidates and the staff to be engaged at DEO office for receiving the election expense accounts from the candidates. 45. To ensure that Account Reconciliation Meeting is organised with all candidates on 26th day of completion of election, who will come prepared with their draft account statements/reports for reconciliation.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 45. To ensure that Account Reconciliation Meeting is organised with all candidates on 26th day of completion of election, who will come prepared with their draft account statements/reports for reconciliation. 46. To prepare for up -loading on the website (all the Abstract Statement of accounts, filed by the candidates) within 3 days of receipt by DEO office. 47. To ensure that DEOs put on the notice board the details, ment ioning the names of the candidates, date of lodging accounts and time and place at which such account can be inspected, within 2 days of filing of accounts by the candidates. 48. To ensure that DEOs send Scrutiny Reports within 38 days from the date of declara tion of result to the CEO and the same is forwarded to the Commission by 45th day of declaration of result. ( Annexure -C13) 49. To prepare plan for data entry of the “Scrutiny Report” of DEOs in Encore within 3 days of finalisation of scrutiny report by DEOs (Annexure-C17). 50. To pursue all police cases of election offences relating to bribe, where FIR was filed or court case filed and take them to their logical conclusion. 51. To dispose pending suspected Paid News cases, if any, by the State level MCMC before disba nding it and sending the list of cases of Paid News to Commission. 52. To forward the DEO’s Scrutiny & Summary reports to the Commission within 7 days of receipt with comments. The CEO to ensure that DEOs send the scrutiny report along with the DEMC reports a nd notices and candidates’ explanations, if any. 53. To ensure that the DEOs keep the evidences (video CDs etc.,) gathered during election and the Shadow Observation Register in safe custody, to be produced before the Commission in future, in case of a complai nt. Checklist for Candidates : [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Up to the time of nominationCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 53. To ensure that the DEOs keep the evidences (video CDs etc.,) gathered during election and the Shadow Observation Register in safe custody, to be produced before the Commission in future, in case of a complai nt. Checklist for Candidates : [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Up to the time of nomination 1. To open a separate bank account exclusively for election expenditure purposes, at least one day before filing of nomination. 2. To take a copy of Election Expenditure Register from the Returning Officer duly serial numbered and pages numbered and necessary certification regarding number of pages comprising of Cash Register, Bank Register and Day -to-Day Account Register, Abstract Statement (Part I to Part VI along with Schedule 1 to 11 ), Affidavit and Acknowledgment and to receive Compendium of Instructions on Election Expenditure Monitoring from the RO. 3. To notify name of the separate agent for elec tion expenditure, if any, and inform the RO. 4. To attend or to ensure that the Expenditure Agent attends the training programme on election expenditure and on maintenance of Election Expenditure Register organised by the Returning Officer. 5. To know the ceilin g of election expenditure of your constituency and the laws/ instructions regarding election expenditure monitoring. 6. To obtain copy of the notification or rates of election campaign items by the DEO. 7. To go through all instructions on Election Expenditure M onitoring and contact Election Expenditure Monitoring Nodal Officer in case of doubt. 8. To train all workers on the Election Expenditure Monitoring instructions. B. From the date of nomination to the date of declaration of result 9. To maintain a day -to-day a ccounts of all election expenses in the Election Expenditure Register received from the RO.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 8. To train all workers on the Election Expenditure Monitoring instructions. B. From the date of nomination to the date of declaration of result 9. To maintain a day -to-day a ccounts of all election expenses in the Election Expenditure Register received from the RO. 10. To take permission regarding all vehicles to be used for election campaign and to ensure that the permission letter is displayed on windscreen of each such vehicle. 11. To be aware that in case the candidate is not using any vehicles, it should be informed to RO and permission should be cancelled, otherwise deemed expenditure on such vehicles will be computed and added to his expenditure. 35612. To take permission to hold rall y/procession /public meeting with expenditure plan given in Annexure-D1 of the compendium and submit before the date of such rally/ meeting to the RO. 13. To ensure that all expenses for the commercial vehicles hired for the rally are included in the accounts. 14. To ensure that all expenditure on rally attended by the candidate/ photo displayed/ name promoted are added to the account as per Commission’s instruction. To ensur e that expenses tally with the “ Shadow Observation Register ”. Any underestimating/underrepo rting of election expenditure may lead to issuance of `show cause notice by the R.O. 15. To be aware of the provisions of section 127 A of the R. P. Act, 1951 regarding printing of election posters, etc. and passing information to DEO and necessary declarati on to be submitted by the Publisher and Printer in Appendix A & B on printing of poster and pamphlet on part of publisher and printer. 16. To know the provisions of sections 171 B to 171 I of IPC and section 123 of R. P. Act, 1951. 17. To maintain regularly the D ay-do-Day accounts, cash book and bank book from the date of filing of nomination and include all expenses incurred on the date of filing of nomination.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 16. To know the provisions of sections 171 B to 171 I of IPC and section 123 of R. P. Act, 1951. 17. To maintain regularly the D ay-do-Day accounts, cash book and bank book from the date of filing of nomination and include all expenses incurred on the date of filing of nomination. 18. To know the fact that all posters, banners, pamphlets even if printed/ published prior to nomination, but being used/displayed after nomination, shall form the election expenditure of the candidate. 19. To be aware that if the candidates sponsored by any political party (recognised or unrecognised) he should check as to whether list of Star Campaigners submitt ed by the party to the Commission and CEO has been provided to the Returning Officer/Expenditure Observer/Election Expenditure Monitoring Teams for claiming benefit u/s 77 of the R.P. Act 1951 by the party within 7 days of date of notification of Election. 20. To get the details of travel expenses of Star Campaigners (like helicopters)from the party so that necessary correct entries are made in his account statement and to inform the RO within 5 days after landing of aircraft/helicopter in his constituency, abo ut the hiring 357charges paid/payable to the company owning/leasing the aircraft of the helicopter, names of passengers and name of the political party (if the party had borne the expenses for hiring). 21. To ensure that all expenditure in excess of Rs. 10,000/ -and all receipts, contributions, loans, deposits, advances in excess of Rs.10,000/ - should not be in cash, and should be by cheque or draft or bank transfer, through the bank account exclusively opened for the election expenditure purpose. 22. To maintain all the details relating to receipts of funds from party, from own funds, receipts from others by way of donations/gifts/loans etc. Even outstanding/payable amounts are to be included.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 22. To maintain all the details relating to receipts of funds from party, from own funds, receipts from others by way of donations/gifts/loans etc. Even outstanding/payable amounts are to be included. 23. To ensure that in respect of the services/goods received in kind, the name and address of persons must be mentioned in the Accounts register and also be added as expenditure of the candidate. 24. To know that the rates of various items/services utilised in election campaign are fixed by the DEO in consultation with the candidates/ag ents. As such the candidate should ensure that the rate chart is followed for maintaining the accounts. 25. To know that sharing of dais with star campaigner, appeal made by the star campaigner for vote in his favour shall result in the expenditure on such mee tings etc. being treated as expenditure incurred by the candidate and not by the party. 26. To be present either personally or through the agent during the 3 inspections to be done by the Expenditure Observer during campaign period and produce all complet ed accounts/registers. 27. To respond within 48 hours to the communications or notices received from the R.O. regarding discrepancies found in the account of your election expenses. 28. To know about the “Paid news” and the procedure in which the paid new s cases are to be added in the account of election expenses of the candidate. 29. To respond in time to the order passed by the MCMC (At District Level) as regards suspected cases of paid news brought to the notice of the candidate by the RO. If candidate disagrees with the order, an appeal is to be made before the State Level Media Committee, within the stipulated time.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 29. To respond in time to the order passed by the MCMC (At District Level) as regards suspected cases of paid news brought to the notice of the candidate by the RO. If candidate disagrees with the order, an appeal is to be made before the State Level Media Committee, within the stipulated time. 35830. To include the expenses incurred on maintenance of candidates’ booths (Kiosks) for distribution of voter’s slips on the poll day. T he expenses include expenditure incurred on election of candidates’ booths (Kiosks), logistics, remuneration paid to the workers/agents manning them and the expenses on snacks, food etc. (Schedule – 6 of Abstract statement of account). 31. To ensure that n one of the party workers indulge in or extend support to bribing of electors, as defined in Section 171 B of IPC or Section 123 (1) of R. P. Act 1951. C. After declaration or result 32. To attend personally or through the agent the training on pro cedure of lodging the accounts organised by DEO within 23 days of declaration of result and also Account Reconciliation Meeting organised on 26th day of declaration of result. 33. To be aware that in the above said meeting the candidates will be given ano ther opportunity to reconcile the understated amount of their election expenses, if any. Therefore, the candidates should produce their draft of final accounts, so that the discrepancies can be reconciled. 34. To know that even if the candidate had alrea dy lodged his account prior to the above said meeting, he may revise the accounts within the statutory period of 30 days of the declaration of result in order to incorporate the findings of the District Expenditure Monitoring Committee.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_ .txt _ 34. To know that even if the candidate had alrea dy lodged his account prior to the above said meeting, he may revise the accounts within the statutory period of 30 days of the declaration of result in order to incorporate the findings of the District Expenditure Monitoring Committee. 35. To submit befor e the DEO, the account of election expenses, comprising of Bank Register, Cash Register, Day -to-Day account Register, Abstract Statement (Part I to Part IV and S chedules 1 to 1 1), all bills & vouchers (serially numbered) and Affidavit in original , duly fil led up in all respect and self -attested copy of bank statement opened for expenditure purposes exclusively, within 30 days of declaration of result. If account is not lodged within time and in the required manner, notice is issued by the Commission for dis qualification u/s 10 A of the R. P. Act, 1951. 36. To obtain acknowledgment as a proof of lodging the account from the office of the DEO, giving date and time of lodging of the account. 37. To sign the Abstract Statement and Affidavit himself and all bil ls and vouchers are signed by you or your election agent: 35938. To submit copy of the reply given to the Returning Officer or Expenditure Observer at the time of inspection of register in respect of discrepancies pointed out by DEMC.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_ .txt _ #Check list for Political Parties: [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. After announcement of election: 1. To ensure that all candidates of the party open a separate bank account exclusively for election ex penditure purposes, at least one day before filing nomination and present a self-attested copy of that account to the Returning Officer at the time of filing nomination: 2. To obtain a copy of the Compendium of Instructions on Election Expenditure Monitorin g, in local language from the CEO. 3. To nominate a nodal political leader at state level, who will co -ordinate with CEO and Commission on Election Expenditure Monitoring and who will be the Master Trainer of party workers and candidates on election expenditu re. 4. To ensure that Nodal Officer attends the training programme on election expenditure and on maintenance of Election Expenditure Register by the Returning Officer/DEO. 5. To ensure that all contribution reports and annual audit reports of previous years, al l election expenditure statements of previous elections are filed in time. 6. To ensure the following: - (a) Amounts paid to candidate (if any) are by way of cheque/draft/bank transfer only (not in cash). (b) To maintain details of receipts and details of all expense s from the date of announcement of election till declaration of result, for preparation of correct election expenditure statements of the Party subsequently. (c) To incur expenditure on payment to a single person/entity exceeding Rs. 10,000/ - in a day by way of cheque/draft/bank transfer only (not in cash). (d) Amount payable/outstanding also to be recorded and included in the account. (e) Notional value of all receipts in kind and/or as complimenting are also to be included in the accounts. B. From the date of nomination to date of declaration of resultCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_ .txt _ 7. To ensure that the list of Star Campaigners has been provided to the CEO and Election commission of India within 7 days of the issue of notification of the election. Otherwise 361all expenditure incurred on the tra vels of Star Campaigners will be booked in the account of the candidate and the benefit within the meaning of explanation (2) of section 77 of the R. P. Act, 1951 cannot be availed). 8. To ensure that while the expenditure for general party propaganda are ac counted for by the party, the campaign expenditure by the party, propagating for candidate(s) with their name, photo or sharing dais etc. shall be added to the candidates, as per instructions of the Commission. 9. To take due permission to hold rally/processi on /public meeting from the R.O. concerned. 10. To be aware of the provisions of the section 127 A of the R. P. Act, 1951 regarding the passing information to RO and necessary declaration to be submitted by the Publisher and Printer in Appendix A & B on printi ng of poster and pamphlet on part of publisher and printer. 11. To inform the party functionaries and candidates about the provisions of the sections 171 A to 171 I of IPC and particularly that procuring or promoting the prospect of the candidate without his a uthority shall lead to punishment of the concerned persons. 12. To educate the party workers regarding penal measures under sections 171 A to 171 I of IPC and section 123 of R.P. Act, 1951 and particularly section 171 B of IPC and section 123(2) of R. P. Act, 1951 regarding bribery of electors. 13. To inform the candidate about the name and hiring charges of the company, providing the service of helicopters and aircrafts to the party, during election rally in his/her constituency as per instructions of the Commissi on. C. After declaration or resultCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_ .txt _ 13. To inform the candidate about the name and hiring charges of the company, providing the service of helicopters and aircrafts to the party, during election rally in his/her constituency as per instructions of the Commissi on. C. After declaration or result 14. The political parties have to file (i) a part statement, in addition to (ii) the final statement of election expenditure required to be filed by the parties as above (within 75 days/90 days of completion of the general election to the Legislative Assembly/Lok Sabha), in respect of the lump sum payments made by the party to the candidate, within 30 days after declaration of results of elections to Legislative Assembly/Lok Sabha in the prescribed format, before the Electi on Commission of India (in case of National and State Parties) or the Chief Electoral Officer of the State (in case of unrecognized parties where party headquarter is situated). 36215. To submit the consolidated Statement of Election Expenditure in prescribed for mat within 75 days of completion of Assembly elections of the State and within 90 days of completion of election of Lok Sabha elections, duly certified by the Chartered Accountant. In case of recognize political parties, the accounts are to be submitted wi th the Commission and in case of un -recognized political parties, the accounts are to be filed with the CEO of the State.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B1 .txt Arrival/Departure Report of the Expenditure Observer Annexure-B1 ARRIVA L/DEPARTURE REPORT OF THE EXPENDITURE OBSE RVER [To be uploaded on Observer Porta l and signed copy to be sent by Post to the Comm ission immediately after arrival/departure] Date of Report ing Observer Name Observer Code No. and Name of the Constituency/ies Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E- mail id 1 Date of Arrival/Departure of Obs erver. (please strike out the portion wh ich is not applicable) 2 was there any break taken by the Obs erver from the duty 3 If yes, give details 4 was there late reporting to duty 5 If yes, by how much time. Place : Signature of the Observer Date : 36Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2 .txt Expenditure Observer Report -I Annexure-B2 Expenditure Observer Report-I Preparedness Report for the Expenditure Monitoring [To be uploaded on Observer Port al and si gned copy to be sent by post to the Commi ssion separately for each Assembly Segment in case of A ssembl y Election and only one Repo rt for one PC in case of Lok Sabha Election within 3 days after the date of notification] Date of Reporting Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No. Description Yes No (a) Whether the Assistant Expenditure Observer has been appointed as the Designated Officer to help check the accounts of daily expenditure to be maintained by the candidates. (b) Whether all the teams engaged in election expenditure monitoring, like, Accounting Team, Static Surveillance Teams, Flying Squads and Video Surveillance Teams etc., have been formed and working properly. (c) Whether election machinery is aware of Rule 90 of the Condu ct of Election Rules relating to ceiling on Maximum expenses. (d) Whether the RO has provided the Election Expenditure Register containing day to da y Acco unt Register (Part A),Cash R egister (Part B), Bank Register (Part C), Abstrac t Statement (Part -I to Part IV) containing Schedule 1 to 11 and Acknowledgement Form under due cove ring letter to addressed to the candidate. (e) Whether such registers were duly page numbered and authenticated by the DEO/RO at the time of issue. (f) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (g) Whether the Expenditure Observer has spok en to the SP and DEO, and the Officers of Investigation D irectorate of Income Tax, Police and State Excise for k eepingCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2 .txt Expenditure Observer Report -I (f) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (g) Whether the Expenditure Observer has spok en to the SP and DEO, and the Officers of Investigation D irectorate of Income Tax, Police and State Excise for k eeping surveillance on d istribution of cash, liquor and o ther goods. 37 (h) (i) Have the prevailing rates in the district for printing of pos ters, hiring of vehicles, loud speakers, cost of erecting pandals and hiring of furniture and fixtures been provided by the DEO. (ii) Whether rate charts of all Media operating in the constituency has been obtained (i) Has the same been apprised to the contesting candidates and the Assistant Expenditure Observers and Members of Expenditure Mon itoring Teams. (j) Whether the Accounting Team, Video Viewing Team, Video Surveillance Team, Media Mon itoring Team and Surveillance Teams under each Police Station are prepared for Mon itoring of Election Expenditure and are provided with relevant Registers/Formats e.g. Video cue sheet, Shadow Register, Media Expenditure Mon itoring Report etc. (k) Indicat e (i) No. of Flying Squads ( FSs) (ii) No. o f SSTs (iii) No. of AEOs (iv) No. of VSTs (v) No. of VVTs (vi) No. of Accounting Teams (l) Whether the Assistant Expenditure Observer and members of the Accounting Team, Video viewing Team, Video Surveillance Team, Media report, and Mon itoring Team have been trained. (a) By DEO (b) By Expenditure Observer (c) Any Problem in functioning as pointed out by the teams (if yes, then bring it to the notice of RO, DEO and CEO immediately under intimation to the Election Commission of India) (m) Whether the DEO has held meeting with all political parties and has given to them copies of Expenditure Instruction in local language.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2 .txt Expenditure Observer Report -I (a) By DEO (b) By Expenditure Observer (c) Any Problem in functioning as pointed out by the teams (if yes, then bring it to the notice of RO, DEO and CEO immediately under intimation to the Election Commission of India) (m) Whether the DEO has held meeting with all political parties and has given to them copies of Expenditure Instruction in local language. (If answer to any of the above is negative, the same shou ld be brought to the notice of DEO , RO and CEO immediately under intimation to the Election Commission of India.) Place: Date: Signature of Expenditure Observer 38Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B3 .txt Expenditure Observer Report-II Annexure-B3 Expenditure Observer Report-II Preparedness Report for the Expenditure Monitoring [To be uploaded on Observer P ortal and signed copy to be s ent by post to the Commission separately for each Assembly Segment in case of A ssembly Election and only one Report for one PC in case of Lok Sabha Election within 24 h rs after withdrawal of candidature] Date of Reporti ng Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No . Desc ription Yes No (a) Whether the schedule of inspection of the expenditure register/vouchers fixed. (b) If yes, indicate the dates fixed for inspection. (c) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (d) Whether the Expenditure Observer is getting Daily Activity reports/feedback from the SP and DM, and the Officers of Investigation Directorate of Income Tax for keeping surveillance on distribution of cash, liquor and other goods. (e) Have the prevailing rates in the district for printing of posters, hiring of vehicles, loud speakers, cost of erecting pandals and hiring of furniture and fixtures been provided by the DEO. (f) Whether the candidates have been apprised of the procedure of Expenditure Mon itoring by RO and Expenditure Observers and copies of the Expenditure Instructions have been given? (g) Has the names of leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) (who would be traveling by air or any other means of transpo rt within the Ass embly /Parliamentary constituency) been communicated to the CEO/ECI. 39 (h) If no, then whether the contesting candidates beenCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B3 .txt Expenditure Observer Report-II Instructions have been given? (g) Has the names of leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) (who would be traveling by air or any other means of transpo rt within the Ass embly /Parliamentary constituency) been communicated to the CEO/ECI. 39 (h) If no, then whether the contesting candidates been intimated that all expenses incurred in connection w ith visit of all leaders of the party including their traveling expenses will necessarily have to be shown in the account of election expenses of the candidate(s) concerned in connection with whose election the visit is made (if the visit is a common one in connection with the election of a group of candidates, the expenses will be equally apportioned amongst all such candidates) (i) Whether the Banks are providing reports of suspicious cash withdrawal to DEO. (j) Whether such reports exceeding Rs. 10 lakh are being forwarded to Nodal Officer of Income Tax (k) Whether Assistant Expenditure Observers have got entered the expenses in Shadow Register in connection with filing of nominations by all the candidates (l) Whether Authority granting permission for d eploying vehicles for electioneering for Public Meetings, Rallies and processions, are forwarding copies of such permission to Video Surveillance Team, Accounting Team, and Media Mon itoring Team. (m) Whether the constituency is declared Expenditure Sensitive? (n) If yes, has the Police Observer been appointed? (o) Over all Observation on the preparedness of the expenditure monitoring Team and suggestions for any improvement (Indicate areas of concerns in order of Priority). (If answer to any of sl. no. (a) - (l) is negative, the same shou ld be brought to the notice of DEO, RO and CEO immediately under intimation to the Election Commission of India. Place: Date: Signature Expend iture Observer 40Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B4 .txt Expenditure Observer Report-III Annexure-B4 Expenditure Observer Report-III Expend iture Report after Completion of Poll [To be uploaded on Observer Portal and si gned copy to be sen t by post to the Commission by post separat ely for each Assembly Segment in case of As sembly Election and only one Report for one PC in case of Lok Sab ha Election within 24 hours of completion of Poll/Re-poll, if any] Date of Reporting Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No. Description (a) Number of complaints received pertaining to expenditure. (b) Number of complaints enquired and Action Taken. (c) No. of cases pending inquiry and corrective action. (d) Reasons for pendency. (e) (i) No. of candidates who did not produce the register for inspection. (ii) No. of candidates to whom notices issued for non - production of register for inspection. (iii) No. of Candidates who did not produce register in spite of issue of notice. (iv) Mention the names, who did not produce register in spite of notice. (i) (ii) (iii) (f) Candidates who were issued notice by RO/DEO Number Name (i) For discrepancy in format of register of day to d ay Accounts/Cash Register/Bank Register. (ii) For not show ing the true account of expenditure including those shown in shadow register. (iii) For not opening separate bank account (g) Whether Assistant Expenditure Ob server has maintained the Shadow Observation Register, folder of evidence and other reports/correspond ence between RO/DEO and the candidates in the District Head Quarter. 41 (h) Any seizure of cash, liquor , other articles made during the period after filing of nomination. (i) If so, details thereof. Also mention separately the location and authority which effected the seizure.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B4 .txt Expenditure Observer Report-III maintained the Shadow Observation Register, folder of evidence and other reports/correspond ence between RO/DEO and the candidates in the District Head Quarter. 41 (h) Any seizure of cash, liquor , other articles made during the period after filing of nomination. (i) If so, details thereof. Also mention separately the location and authority which effected the seizure. (j) Whether the seized cash/goods can be linked to election expenditure of any candidate. (k) If so, give details. (l) Whether any suspected paid news was noticed and referred to the Committee formed in th e District. (m) If so, give details including n ame of candidate, name of media and other details and wh ether the MCMC has considere d and notice issued by RO (Annex the detail s of s uch cases) (n) Whether expenditure in all major Public Meetings/ Rallies/Procession w ere entered in Shadow Observation Register of the Candidate. (o) Whether all such expenses were shown in the Register of day-to-day accounts, submitted by the Candidates. (p) If No, then mention details. (q) Whether liquor production/distribution reports were being monitored during the period. (r) Whether all ostentatious expenditure like Mun dan Ceremony, Birthday Ceremony etc. marriage/group marriage ceremony have been reported to DEO /Investigation Directorate of Income Tax. (s) If so, details of action taken by the Directorate/DEO : - (t) Mention the amount of such expenditure and whether the same can be linked to any candidate. (Mention the Name of Candidate) (u) Expenditure incurred in Cash or in kind by each political party in the constituency on behalf of their candidates (mention the name of party and amount). (v) Any other method of hiding the Election Expenditure were noticed (please give the details) (w) Any other Remark/Suggestion: (Please mention in order of priority) Place: Date: Signature Expenditure Obs erver 42Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5 .txt Expenditure Observer’s Final Report (Report-IV) Annexure-B5 Expendi ture O bserver’s Final Repor t (Repo rt-IV) [To be uploaded on Observer Portal and signed copy to be sent by post to the Commission separatel y for each As sembly Segment in case of Assemb ly Election and only one report for one PC in case of Lok Sabha Election after 30 days of declaration of re sults] Date of Reporting:___________ ______ ______ ___________________ ____________________________________ ____ _____________________________ Observer Na me:_____ ________________________________________ _____________ ____________ ______ _____________ ________ _______ _________ Observer Code :_______________________Email – ID: ______________________________________ Mobile No: ( O) ____ ____________ _____________ Consti tuency:_________________________________________________________ _________ ______ ____________ ________________ _______________ District:__________________ ______ _______________________________State:__________________ ____ __________________ ____________________ Date of De claration of Results:___________________ _____________ ____________ ______ _____________________ _______ ________________________ Last date of filling Account of Election Expenditure:__________________________ _____________ ________________________________ _____ ________ Date of Account Reconciliation Meeting:__________ _________ ______ ____________________________ ________________________________________ Total No . of contesting candidate:_____________________________ ____ ___________________________________ ______ ________ _________________ Name of winning candid ate/Party aff iliation, if any:_ _____________________ _______ ________________________________________________________ Summary of Observation S.No. Name of the Cand idate and par ty Affiliation Whether notices i ssued to the candidates on all discrepancies found during inspec tions or in fin al accounts of the candidate s and reply of candidates isCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5 .txt Expenditure Observer’s Final Report (Report-IV) Name of winning candid ate/Party aff iliation, if any:_ _____________________ _______ ________________________________________________________ Summary of Observation S.No. Name of the Cand idate and par ty Affiliation Whether notices i ssued to the candidates on all discrepancies found during inspec tions or in fin al accounts of the candidate s and reply of candidates is considered ( See Note 8) Date of Lodging of Account of Elect ion Expenses b y the Candidates (please see note 1 below) Whether Ac count lodged in time (Yes/No) Amount of expenditure m entioned in the ac count of the candidat e Wheth er accounts are lodged in format and with all necessary documents Whether the Observer agrees with the c andidate’s Submission vis -à-vis the evidence collected (Yes/No) If no, Please annex as per note 2 below Wheth er the DE O has cross checked the candidates submission with all information collected during campaign (Yes/No) . If, No, Pl. annex details as per n ote 3 below Whether the estimated expenditure incurre d by the Candidate exceeded the prescrib ed ceiling (Y es/No). If, yes, p l. annex details as p er note 4 below Amount of expenditure incurred by the political party, if any, on behalf of the candidate/menti oned the name of the party as per note 5 belo w Amount of expenditure incurred by other entity /individuals o n behalf of the candidate Whether Abstract Statement (Part I to Part IV and schedule 1 to 11) of accounts uploaded on CEO’s website (within 3 day s of lodging of accounts ) Whether cash and other it ems seized during election process has b een released within 7 day s exce pting the cases (i) where FIR has been lodged (ii) where cash is handed over to I. T. Deptt.. If not, whether it is brought to the notice of RO, DEO and SP for urgent act ion 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 Place:Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5 .txt Expenditure Observer’s Final Report (Report-IV) process has b een released within 7 day s exce pting the cases (i) where FIR has been lodged (ii) where cash is handed over to I. T. Deptt.. If not, whether it is brought to the notice of RO, DEO and SP for urgent act ion 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 Place: Date: Signature Expend iture Observer Note: -Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5 .txt Expenditure Observer’s Final Report (Report-IV) 1. In column 4, where the candidate has not submitted his account of election expenses , it shou ld be mentioned – ‘Not Submitted’. 2. In column 8, if no, a separate report for each candidate along with evidence/reference number shall be given by the Observer mentioning where he does not agree. 3. In column 9, if Observer does not agree with the DEO , he may mention the reasons of disagreement separately. 4. In column 10, a brief statement shall be given by the Expenditure Observer for the candidate in whose case the observed expenditure exceeded the ceiling, and the estimated amount of total expenditure shall be mentioned. 5. In column 11, if there is more than one political party incurring expenditure for a candidate then name of each party and amount shall be given separately. If the Observer does not agree with the figure shown, then he will annex separately the estimated figure with the evidences gathered. 6. In column 12, total amount incurred by other entities/individuals on behalf of the candidate shall be mentioned in this column and if the observer does not agree if the figure shown, then he will annex separately the estimated figure with the evidences gathered along with the names of the entities/individuals. 7. If the Expenditure Observer has any suggestion for improvement of the procedure, he may enclose his suggestion s eparately with this report as `A nnex A. `Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5 .txt Expenditure Observer’s Final Report (Report-IV) 7. If the Expenditure Observer has any suggestion for improvement of the procedure, he may enclose his suggestion s eparately with this report as `A nnex A. ` 8. In items where the ‘Shadow Observation Register ’ shows more exp enditu re, which the candidate has not shown, then as per ECI instruction no. 76/Ins tructions/EEPS/2015/ Vol. II dated 29th May, 2015 (Anne xure-C10) a notice is required to be issued a fter ins pection of A/cs asking the candidate to reply within 48 Hrs. Simi larly, after final inspecti on, if any discrepancy is found in the Abstract Statements submitted by the candidates, notices are to be issue d within 48 Hrs asking the candidate to reply within 3 days. The Expenditure Observer is required to indica te, wheth er the above procedure is followed and whether replies of the candidate have been c onsidered in DEO`s Scrutiny Report 44Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B6 .txt Expenditure Observer’s Feedback/Status Report Annexure-B6 Prof orma of Feedback/Status Report from Expenditu re Obser vers Name and Code of Expenditure Obser ver: No. & Na me of PC/AC: Name of District : Name of State: S. No. Item Remarks 1 (a) Whether AEO, FS, SST, VST, VVT and Accounting Team s are in place and functioni ng properly ? (b) Whether SOR and FoE are being maintained properly ? 2 Numbers of AEO, FS, SST, VST , VVT, Accounting Team deployed pe r Constituency. Suggestion for improving th e effi ciency of these teams 2A Whether the AC(s) under repo rt is/are Expenditure Sensitive Constituencie s ? 2B Whether adequate staff posted as per th e norms in Ex penditure Se nsitiv e Constituencies ? 3 Compl aint Monitoring Cell -Nos. of complaints received regarding distribution of cash/liquor/drugs/ narcotics/p recious metal s (like Gold, Silver, jewellery etc.)/Freebies/other items 4 Seizure made by FS, SST, Police , Excise, Income Tax Dept. and other law enf orcement agencies from the date of enforcem ent of MCC till the date of Report. (Both in quantity and val ue in rupees) (a) Cash (b) Liquor (c) Drugs/Narc otics (d) Precious metals (like Gold, Silver, jew ellery etc.) (e) Other ite ms/Fre ebies 5 (a) Date of inspec tion of candidate’s accounts as scheduled 45 (b) Whether all Candidates are getting their accounts inspe cted ? (c) Mention maximum expenditure inc urred by the Candidate(s). (Write the name of political party) 6 How ma ny can didates did not open separat e bank account ? 7 (a) Number of Candidates w ith cr iminal antecedents (b) Whether such Candidates have publ ished their criminal antecedents in the print media a nd electronic media (c) Expenditure incur red by the re spective Can didate s on publication of c riminal antecedents 8 Suspected Paid News complaints received by MCMC and action taken report 9 Monitoring of liquor pro duction units, godowns and sales outletsCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B6 .txt Expenditure Observer’s Feedback/Status Report (b) Whether such Candidates have publ ished their criminal antecedents in the print media a nd electronic media (c) Expenditure incur red by the re spective Can didate s on publication of c riminal antecedents 8 Suspected Paid News complaints received by MCMC and action taken report 9 Monitoring of liquor pro duction units, godowns and sales outlets 10 Identification of Expenditure Sensitive Pockets an d monitor ing. W hether CPF personnel mixed w ith the FS and SST ? 11 Are the vehicles of Fl ying Squads GPS enabled ? 12 No. of complaints pertai ning to use of cash, liquors, inducements etc. receiv ed through C -vigil and no. of cases foun d correct 13 What is yo ur str ategy for the last 72 hours before poll ? 14 Any other issue Signature with date …………………. Name of Expenditu re Obser ver…………….. 46Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7 .txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas Annexure-B7 Daily Seizure R eport as on -----/------ /20….. (9 a.m.of previous da y to 9 a.m. of day of reporting) to be sent to the ECI by 3 p.m. General Election to Legislative Assembly of ( Name of State/ UT)/ Bye -election to…………..(No. & Name of PC/AC), ……….(State) 1. Total Cash Seizure (In Rs. Cr.): FS/S ST/Poli ce Income Tax Department Tota l Seizure on previous day 1 Progressive Seizure 2 Seizure on previous day 3 Progressive Seizure 4 Progre ssive S eizure 5(2+4) 2. Total liquor se izure (quanti ty in litres & its value in Rs. Cr.): FS/SST/P olice State Prohibition & Excise Department Progressive Seizure Seizure of previous day 1 Progressive seizure 2 Seizure of previous day 3 Progressiv e seizure 4 Total liquor seizure in the state 5(2+4) Qty. Value Qty. Value Qty. Value Qty. Value Qty. Valu e 3. Total drugs/narcotics sei zure b y FS/SST/Other police authority etc. (quantity in Kg. and its value in Rs. Cr.): Seizure on previous day Progressive Sei zure Description and qty. Value Descri ption and Qt y. Value 4. Total p recious metals seizure (Gold, Silver, ornaments etc. seized and value in Rs.): Seizure on previous day Progr essive Seizure Description and qty. Value Description and Qty. Value 5. Total other items/freebies seizu re (Lap top, c ookers, sarees etc. meant fo r inducement of voters) and its value in Rs . Cr. Seizure on previous day Progressive Seizure Descrip tion and qty. Value Description and Qty. Value [Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7 .txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas 6. Total se izure value in Rupees: Tota l Cumulative Seizure in R upees on previous day Tota l Cumul ative Seizure in Rupees Signature of the Nodal Officer (Exp.), Office of CE Os 47 See below Annexure I Weekly seizure made at the Inter -State Border Checkposts/Areas of ………………..(Name of State/U T) with the neighbouring States/UTs as on ………. 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter Sta te Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantit y (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total Progressive seizure made at the Inter -State Border Checkposts/Areas of …………………(Name of State/UT) with the neighbouring States /UTs as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter State Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter Sta te Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value ( Rs. Crore) Total See below Annexure IICompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7 .txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas Commercial Tax, Forest at Inter Sta te Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value ( Rs. Crore) Total See below Annexure II Weekly seizure made at the Inter -State Border Checkposts/Areas of neighbouring States/UTs with ………………(Name of State/UT) as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter State Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total Progressive seizure made at the Int er-State Border Checkposts/Areas of neighbouring States/UTs with ………………(Name of State/UT) as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter St ate Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total 48Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B8 .txt Daily Activity Report by Flying Squad on seizure of Cash/Other items and on related complaints Annexure-B8 Daily Activity Report by Flying Squad on seizure of Cash/ Other items related Complaints on the date………….. Name and Designation of the Magistrate …… …………… …………… .. Reference No. ……………… ……. Name of the Police Officer………………… ……………… ..…… ……… Name of the Sub-Division ………… .. State………………………… ……… .. 1 2 3 4 5 6 7 8 9 10 S.No. Name of constituency /district Nature of the complain t/ Information Name of the p erson against whom complaint received Cash / Other Items seized by FS Cash/ Other I tems Seized by Other Police authority FIRs filed Name of candidate or party with which links found Name and designation of the authority to whom seized cash/items is handed over Remarks (If any) 1 2 3 Description Figure on date of report Progressive figure including the date of report 1 Total amount of cash/ Other Items seized by Flying Squad 2 Total amount of cash/ Other Items seized by Other Police authority 3 Total of number of complaints of cash/ Other Items, received 4 Total of number of complaints, verified (a) W ithin half an hour of receipt (b) Beyond half and hour of receipt 5 Total of number of complaints, pending 6 Total number of FIRs filed up to the end of the day Signature Name & Designation of the Officer in Charge of Flying Squad / Nodal Officer of State Police HQ Note: 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B8 .txt Daily Activity Report by Flying Squad on seizure of Cash/Other items and on related complaints 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district. 3. The Nodal Officer of State Police HQ will compile the data for the whole state and send the report to Commission with copy to CEO of the State. 49Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B9 .txt Daily Activity Report by Flying Squad on MCC related complaints Annexure-B9 Daily Activity Report by Flying Squad on MCC related Complaints on the date………….. Reference No. ……………… ……..… Name of the Sub-Division ………… .. Name and Designation of the Magistrate…… ……………… …….. State………………………… ………… Name of the Police Officer…………………………………………. 1 2 3 4 5 6 S.No. Name of constituency/ district Name of Complainant Party Affiliation, if any Complaint against (Name) Party Affiliation, if any Brief Description Of MCC violation issue Action Taken Report 1 2 3 Signature Name & Designation of the Officer in Charge of Flying Squad / Nodal Officer of State Police HQ Note:- 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district. 3. The Nodal Officer of State Police HQ will compile the data for the whole state and send the report to Commission with copy to CEO of the State. 50Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B10 .txt Daily Activity Report by Static Surveillance Teams Annexure-B10 Daily Activity Report by Static Surveillance Teams on seizure of Cash/ Other items related Complaints on the date…… …….. Place of Check Post……… …. ……………. Name and Designation of the Magistrate……………………… ………....…………… District………………….... ........ State………… Name and Designation of the Police Officer ……………………………………..…… 1 2 3 4 5 6 7 8 Sl No. Numbe r & name of Constituency/ District Name and Address of Persons searched at the Check Post Cash/ Other Items FIR filed Name of candidate or party having links Name & designation of Authority to whom cash, goods seized goods are handed over after seizure Remarks 1 2 3 Description Figure on date of report Progressive figure including the date A. Total amount of cash Seized by SST B. Total amount of Other items seized by SST C. No. of FIRs lodged Sign ature Name & Designation of the Officer in Charge of Static Surveillance Team/ Nodal Officer of St ate Police HQ Note: 1. The Officer in charge of the SST will submit the repor t for each Static Surveillance Team in this format to the SP with copy to RO, DEO, Genera l Observer and Expend iture Observer . 2. The SP will send the repor t to the Noda l Officer in State Headquar ter after compiling the data for the entire district. 3. The Noda l Officer of State Police HQ will compile the data for the whole state and send the repor t to Commission with copy to CEO of the State/UT 51Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B11 .txt Format of Activity Report by Investigation Directorate Annexure-B11 Format of Activ ity Report by the Investigation Directorate for the date …………….. (to be submitted on alternate day by the Directorate of Investigation) Reference No… ………………………. Name of Constituency: ……… ……… …….. District: ……… …… State/ UT ……………… Sl. No Name of the Constituency and District Name of Agency from which information/ Complaints received by IT Deptt. Name and Address of persons against whom action is taken Amount of Cash / gift items etc. mentioned in complaint Cash Depos it d by Challan by persons against whom action taken Amount of Cash Seized by Inco me Tax Other articles seized (If any ) Amount of cash returned to the person, if accoun ted for Remarks (Please mention name of the cand idate/his relationship, Constituency and na me of the Political Party, if any) 1 2 3 4 5 6 7 8 9 10 1 2 Total Progressive Total from the date of notification of election to the end of the Reporting day S.N Gross figure on day of reporting Progressive Figure including the day of reporting 1 Progressive total of Cash seized by Income Tax 2 Progressive total of seizure of other items (Notional Value) 3 Progressive total of tax deposited by Ch allan Signature Nodal Officer Office of DGIT (Inv)/Dy. Director In Charge of the District Date Note: (1) Officer in charge of the district shall submit the report for each district in this format to the DGIT(Inv) with copy to DEO and Expenditure Observer. (2) The Nodal Officer of State Income Tax Deptt. shall compile the data for the whole state and send the report to Commission ( Expenditure Monitoring Division ) with copy to CEO of the state. 52Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B12 .txt Format for Report on alternate day of IMFL/Beer/Country Liquor by the State/District Level Nodal Officer Annexure-B12 Report on alternate day of IMFL/Beer/Country Liquor by the State/District Level Nodal Officer (Separate report should be submitted for IMFL Beer & Country Liquor) Name of the District / Name of the State/UT Date of report: Sl. No Descr iption During the day (This Year) During the day (Last Year) Remarks on excess, if any 1 Opening stock with manufacturers in Bulk litres 2 Production/Bottling in Bulk litres 3 Total Dispatch of stock from the manufacturer’s godown in Bulk litres 4 Closing stock in Bulk litres with manufacturers (1+2 -3) 5 Dispatch of stock from manufacturer’s godown to whole sellers/Stockists in Bulk litres 6 Opening stock with Retailers in Bulk litres 7 Purchase by Retailers in Bulk litres 8 Sale by Retailers in Bulk litres 9 Closing Stock with Retailers in Bulk litres (7+8-9 10 Sale by others in Bulk litres 11 Number of check posts 12 Volume of illicit liquor seized by check po sts in Bulk litres 13 Number of raids cond ucted 14 Volume of illicit liquor seized in Bulk litres during raids 15 No. of Prohibition cases 53 16 No. of persons arrested 17 Amount of Fine imposed Signature of Nodal Officer Name Designation Note: - 1. Sepa rate Reports for IMFL, Beer or Country Liquor is to be furnished in the above format by District Level Nodal Officer of Excise Department to the State Level Nodal Officer with copy to DEO. 2. The State Level Nodal Officer of Excise Department will monitor and compile the district level reports and submit composite report of the State to the CEO in the same format with a with a copy to Election Commission of India. 54Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B13 .txt Shadow Observation Register for Maintenance of Day to Day Accounts of Contesting Candidates Annexure-B13 Shadow Observation Register for Maintenance of Day to Day Accounts of Co ntesting Candid ates by Accounting Te am Name of the Candidate: Name of Political Party, if any: Name of the Constituency from which the candidate is con testing : Date of Declaration of Result: Name and address of Election Agent, if any: (From the date of nomination to the date of declaration of result of election, b oth dates inclusive) 1 2* 3 4 5 6 7 8 9** 10 11 (Remarks, if any S.NO.(Event wise) Date and Nature of Ex pendit ure (Rally, Sabha , Campaign Vehi cles, Food, Campaign Material, Advertisements/Paid News etc. ) as observed by the VST,VV T, AT/MCMC Expenditure calculated as per notified rat es (Rs.) Expenditure declared by the Candidate in Day to Day account regist er maintained by the Candid ate on items mentioned in column 2 (Write nil if no t shown) (Rs.) Understatement ( Rs.) Date of inspection of Candidate`s Expenditure Register by th e Expenditure Observer Date of issuance of notice by the RO regarding un dersta tement shown in Column 5 Date of receipt of reply from the candidate Whether the candidate has accepted/partially ac cepted /denied the understatement shown in Column 5 Mention p age no. & S.no of Day to Day A/C Register, if understateme nt is accepted/ partia lly accepted b y the Candida te Comments of the EO regarding the candidate’s rep ly-whether the understatement of expenditure h as been reconciled -Yes or No ? (a) (b) (c) (d) (e) (f) (g) (h) (d-h) Description Qty. Rate/ Unit Total Total Amount Page no. and date Qty. Rate/ Unit TotalCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B13 .txt Shadow Observation Register for Maintenance of Day to Day Accounts of Contesting Candidates 1. Dated : Signatur e of the Office r of the Acco unting Team Signature o f Candidate/Election Agent Name of t he Off icer: Designation: NOTE: - *1. Det ails should include CD no. & Sl. No. of video cue sheet. **2. If denied o r part ially accepted, then the dec ision of the DEMC in the matter should be enclosed 55Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B14 .txt Daily Report of the Assistant Expenditure Observer Annexure-B14 Daily report of As sistant Expend iture Observer No. & Name of the Constituenc y: - Date: - (A.) Video Teams (i) List of places where Video Teams were deployed and names of the candidates. (ii) Whether the Video Surveillance Team has submitted the CD with Cue Sheet? (iii) Whether the Video Viewing Team has entered the items of expe nditure like number of Vehicles/Size of Rostrum/cutouts etc.? (B.) Accounting Team:- (i)Whether all the expenses are entered in Shadow Observation Register of each candidate? (ii) Whether the folder of evidence for each candidate is being maintained? ( C.)Media Monitoring Team (i) Whether the team is watching and recording all the advertisements in print or electronic Media? (ii) Whether the team is sending report to Accounting Team? (iii) Whether any Paid News is noticed? (D.) Control Room and Call Centre : (i) No. of complaints received - (ii) Whether complaint has been forwarded to the Officer concerned promptly? (iii) Whether action has been taken? If so, mention the type of ac tion and findings. 56 (E.) Flying Sq uad and S urveillance Teams (i) No. of cases reported to Flying Squad. (ii) Action taken by the Squad. (iii) No. of Check Posts put. (iv) Seizure, if any – Date: - Signature Name of Assistant Expenditure Observer 57Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure_B15 .txt _ Annexure–B15 Cue-Sheet for Video Sur veillance Teams (To be filled at the time of Video Recording) Name of District – Name of the Officer In-charge of Video Su rveillance Team – Name of the Videographer – Date – CD Number - Sl. No. No. and Name of Constituency Name of Candidate Location Event Time of the day when recording began Time on CD when recording began Time on CD when recording ended Duration of recording Brief Description of evidence Recorded 1 2 3 4 5 6 7 8 9 10 Signature of Officer In-Charge of Video Surv eillance Team 58Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B16 .txt Details of Advertisements/Paid News in Print/Electronic Media Annexure-B16 DETA ILS OF ADVERT ISEMENT S/PAID NEWS IN PRINT/ELECTR ONIC MEDIA Name of State – Name of District – Number and Name of Constituency – Name of Candidate - Political Party – 1. Details of Advertisements Published in Print Media Sl. No. Name of Newspaper/ Magazine Size of Advertisement (in column X cm) Approximate Circulation (information to be obtained from DIPR) Cost of Advertisement 2. Details of Paid News in Print Media Sl. No. Name of Newspaper/ Magazine Size of Paid News (in column X cm) Approximate Circulation (information to be obtained from DIPR) Cost of Paid News 59 3. Details of Advertisements in Television including Cable TV Sl. No. Name of Channel Date & Time Duration of Advertisement (in Minutes) Approximate viewer ship (information to be obtained from DIPR) Cost of Advertisement 4. Details of Paid News in Television including Cable TV Sl. No. Name of Channel Date & Time Duration of Paid News (in Minutes) Approximate viewer ship (information to be obtained from D IPR) Cost of Paid News 5. Details of Advertisements on Radio Sl. No. Name of Channel Date & Time Duration of Adv ertisement (in Minutes) Approximate listener ship (Information to be obtained from D IPR) Cost of Ad vertisement 60Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B16 .txt Details of Advertisements/Paid News in Print/Electronic Media 5. Details of Advertisements on Radio Sl. No. Name of Channel Date & Time Duration of Adv ertisement (in Minutes) Approximate listener ship (Information to be obtained from D IPR) Cost of Ad vertisement 60 6. Details of Paid News on Radio Sl. No. Name of Channel Date & Time Duration of Paid News (in Minutes) Approximate listener ship (information to be obtained from D IPR) Cost of Paid News Dated : ……………. Signature of the officer in charge of Media Certification and Monitoring committee Name of the Officer : …………………………… .. Designation: 61Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B17 .txt Daily action taken report of RO on Call Centre information Annexure-B17 Daily Action Report of RO on Call Centre information Date: Constituency: S. No Nature of Complaint Time of Receiving the Complaint/Information by any mode Viz: Phone/Fax/e- mail/SMS/Special Messenger Detail Narra tion on the ac tion taken Whe ther forwarded to Accoun ting Team (Signature, Name & Designation with date) 62Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B18 .txt Commission's letter no. 76/Instructi on/2014/EEPS/Vol. I, dated 07th April, 2014 regarding Clarification regarding tenure of deployment of Expenditure Monitoring Teams in elections Annexure-B18 ELECTION CO MMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction/2014/EEPS/Vo l. I Dated: 7th April, 201 4 To The Chief Electoral Officers of All St ates/UTs Subje ct: Cl arification regarding tenure of deployment of Expenditure Monitoring Teams Election -Regarding Sir, A clarifica tion h as been sought by CEO, Delhi as to tenure of deploymen t of various teams engaged in Election Expenditure Monitor ing and I am di rected to clarify the following: (i) The Assistant Expenditure Observer FS, SST, VVT, VST and Accounting Team shall conti nue with their duty only upto the date of poll/re -poll. (ii) However, the Assistant Expenditure Observer and Accounting Team sha ll report for duty on e day before the day of coun ting in the second schedule and again on 25th Day to 37th Day after declaration of result of election, for the purposes of giving training to the candidates or his election agents in submission of account of election expen ses an d to assist in preparation o f the DEOs Scrutiny Report and Expenditure Observer Report. He shall be finally rel ieved after 37th day of declaration of results. (iii) This may be brou ght to the not ice of all concerned. Yours faithfully, Sd/- (S. K. Rudol a) Secretary 63Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B19 .txt Commission's letter no. 76/Instructions/EEPS/2016/Vol. II, dated 22nd March, 2016 regarding Exchange of information and coordination between Expenditure Observers and all the Enforcement Agencies of Election Expenditure Monitoring Annexure-B19 ELECT ION C OMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction s/EEPS /2016/Vol.II Dated: 22nd March, 2016 To All the Expenditure Observers. Subject: -Gener al Ele ctions to Legis lative Assemb lies of Assam, Kerala, Puducherry, Tamil Nadu and W est Bengal, 2016 - Exchange of in formation and coordination between Expenditure Observers and all t he Enforcement Agencies of Election Expenditure Monitoring - Regarding Sir, I am directed to invite your kind attention to the Para No.4.2.8 under the Heading “Role of Expenditure Observer”, o f the Compendium of Instructions on Election Expenditure Mon itoring (July - 2015) regarding exchange of information and coordination between Expenditure Ob servers and a ll the Enforcement Agencies during the process of elections. 2. There were some instances tha t came to the notice of the Commission in which the action of the Expenditure Observer gave impression that he had exceeded h is bri ef by getting actively invol ved i n enforcement action. The Commission, therefore, reiterates that the guidelines con tained in the above -said para of the Compendium should stric tly be adhered to by all the Expenditure Observers and the y should resist thems elves to be inv olved in the action being taken by other Enforcement Agencies as per their existing Laws. Yours faithfully Sd.- (S. K. Rudola) Pr. Secr etary Copy fo rwarded to: The Chief Electoral Officer of Assam, West Ben gal, K erala, Tamil Nadu and Puduch erry with request to kindly bring it to the notice of all the Nodal Officers of Election Expend iture Monitoring in the State (By Camp Bag/e -mail). Sd/- (S. K. Rudola) Pr. Secre tary 64Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B20 .txt Commission's letter no. 76/Instruction/2019/EEPS/Vol. XV, dated 22nd March, 2019 regarding commencement of duty of FS, SST, VST, VVT, Accounting Team, MCMC, Liquor Monitoring and AIU Annexure-B20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/INSTRUCT ION/2019/EEPS/ Vol. XV Dated: 2 2nd March, 201 9 To The Chief Electoral Officers of All Sta tes and UTs Sub: Pre paredness regarding Election Expe nditure Monitoring -matter regarding Madam/Sir, I am directed to draw your kind atten tion t o the “Compendium of Instructions on Election Expendit ure Monitoring (February, 2019) and to reiterate the follo wing: - 1. Flying S quads will be operati onal from the date of announcement of the elections and shall lo ok into all complaints of Model Code of Conduc t violations, election expenditure of political part ies and candid ates, complaints of intimidation, movement of anti -social e lement s, liquor, arms and large su m of cash etc. and will vide graph all major rallies, public meetings and other expenses as per the Standard Operational Procedure (SOP) dated 29th May, 2015 (copy enclosed). 2. Static Surveillance Teams will f unction from th e date of notificatio n and will se t up check posts as per the Standard Operating Proc edure (SOP) dated 29th May, 2015 . 3. Video Survei llance Teams and Video Viewing Teams will function f rom the date o f announcement of election and will videogra ph all major po litica l rallies of the party as well as of the candidates as per the instructions.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B20 .txt Commission's letter no. 76/Instruction/2019/EEPS/Vol. XV, dated 22nd March, 2019 regarding commencement of duty of FS, SST, VST, VVT, Accounting Team, MCMC, Liquor Monitoring and AIU 3. Video Survei llance Teams and Video Viewing Teams will function f rom the date o f announcement of election and will videogra ph all major po litica l rallies of the party as well as of the candidates as per the instructions. 4. (i) Accounting Team will function from t he dat e of announcement for the purpose of accounting the ex penditure of the political parties and after nominations a re filed, the candida te’s accounts w ill be mainta ined by the team as per the instructions. (ii) In c ase of Assembly elections an acc ounting team w ill function in each assembly constituency and maint ain the Shadow Observation Register (SOR) & Folder of Evid ence (FOE) for each c andidate. (iii) In case of L ok Sa bha election, the Assistant Expenditure Observer (AEO) & team for each Assembly segm ent wi ll maintain SOR & FOE separately for each candidate and their reports to the AEO (Hq. AEO) of the Assembly segme nt where RO is based. The Hq. AEO an d his team sh all co -ordinate with all other AEOs of the Assembly 65 segments and will ensure that t hese accounts are collated at the time of inspection. The AEO will function from the date of notification. 5. Media Certificat ion Monitoring Commit tee (MCMC) will function imm ediat ely from the date of announcement as per the instruction. 6. Liquor Monitoring measure s will be undertaken from the date of announcement of electi ons as per the instructions and the reporting will be done from the date of announcement. 7. The Air Intellig ence Units and separate complaint monitoring cell o f the Income Tax Department will start functio ning from the date of announcement. 2. I am further directed to re quest you to bring it to the notice of all c oncerned. Your s fait hfully, Sd/- Encl. As above (AVINAS H KUMAR) SECRETARY 66Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B21 .txt Commission's letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. V, dated 22nd April, 2019 regarding deployment of FS and SST in elections held in phases Annexure-B21 ELECTION COMMISSION O F INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FU NC/EEM /EEPS/2019/Vol. V Dated: 22nd April, 2019 To The Chief Electoral Officers, All St ates and UTs. Subject: -General Election to Lok Sabha and Legislat ive Assemblies of Andhra Pradesh, Arunachal Pradesh, Odish a and Sikkim, 2 019-Deployment of Flying Squad and Static Surveillance Team -Reg. Madam/Sir, I am directed to refer to Commission’s SOP n o. 76/ Instructions/EEPS/2015/Vol. II, dated 29.05.2015 [Anne xure G7 in “Compendium of Instructions on Election Expendi ture Monitoring (Febr uary, 2019)”] a nd to state t hat Flying Squads and Static Surveillance Teams sha ll be kept deployed in poll gone States/UTs an d States/UTs where polls are scheduled in phases, as under: - Case -I: In case of States/UTs where polling is o ver, FSs and SS Ts sha ll be kept active at strateg ic locations and in districts sharing borders with neighboring States/UTs. Case -II: In ca se of States where polling is scheduled in phases, Flying Sq uads shall be kept active as under: - (i) One Flying Squad may be continued in each assembly segmen t of Parliame ntary Constituency, where polling is over, till the end of election process in the entire state; and (ii) Flying Squads/SSTs may be kept operational in f ull strength, as per SOP dated 29th May, 2015 in the entir e district wher e poll s are going to held in multi ple phases, till the end of poll in the entire district. 2. You are requested to bring this t o the notice of all concerned District Authorities, political parties, candidates and general public. Yours fait hfully, Sd/- (RAJAN J AIN) UNDER SECR ETARY 67Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B22 .txt Commission's letter no. 61/Complaints/GE-LS/2019/EEPS/Vol. XV, dated 17th May, 2019 regarding seizure of foreign currency Annexure-B22 ELECTION COMMISSION OF INDIA Nirvachan Sa dan, Ashoka Road, New Delhi -1100 01 No. 61/Comp laints/GE -LS/2019/EEPS/Vol. XV Dated: 17th May, 2019 To The Chief Electoral Offic ers of All S tates and UTs. Subject: -General Elections to Lok Sabha and Legislative Assemblies of And hra Pr adesh, Arunachal Pradesh, Odisha and Sikkim, 2019 -Seizure of f oreign currency – Reg. Madam/Sir, I am directed to sta te that the Com mission has r eceived information from various sources regarding seizure of foreign currencies in the General E lections to Lok Sabha and Legislative Assemblies of Andhra Prad esh, Arunachal Pradesh, Odisha and Sikkim, 2019 . In this conne ction, I am directed to state that if FS/SST/Police Authority/Release Committee, deployed/constituted in pursuance of the C ommiss ion’s SOP no. 76/Instructions/EEPS/2015/Vol. II, dated 29th May, 2015 [Annexure -G7 of “Compendium of Instruction s on Election E xpendi ture Monitoring (February, 2 019)] finds no linkage of the intercepted/seized fo reign currency with any candidat e or his/her a gent or party workers or political party then information shall be passed on to the concerned Nodal Officers i n Directorate o f Reve nue Intelligence and the Enf orcem ent Directorate for necessary action under relevant Acts. Copies of DRI’s letter dat ed 13. 03.2019 and ED’s letter dated 18.03.2019, containing names of Nod al Officers are enclosed for ready reference. Yours faithfully , Sd/- (RAJAN JAIN) UNDER SECRETA RY Copy to: - 1. The Pr. Director General, Directo rate of Revenue Intelligence, 7th Floor, ‘D’ B lock, Drum Shaped Building, I. P. Estate, New Delhi -110002 with the request to inform Nodal Officers of DRI ac cordingly. (By Specia l Messenger)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B22 .txt Commission's letter no. 61/Complaints/GE-LS/2019/EEPS/Vol. XV, dated 17th May, 2019 regarding seizure of foreign currency 18.03.2019, containing names of Nod al Officers are enclosed for ready reference. Yours faithfully , Sd/- (RAJAN JAIN) UNDER SECRETA RY Copy to: - 1. The Pr. Director General, Directo rate of Revenue Intelligence, 7th Floor, ‘D’ B lock, Drum Shaped Building, I. P. Estate, New Delhi -110002 with the request to inform Nodal Officers of DRI ac cordingly. (By Specia l Messenger) 2. The Director , Enf orcement Directorate, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi -110003 wit h the request to inform Nodal Officers of ED accordingly. (By Special Messenger) Sd/- (RAJAN JAIN) UNDER SECRETARY 68Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C1 .txt _ Annexure -C1 Details of Campaign Expenditure of Political Parties for General Party Propaganda as observed by the District Election Officers (to be submitted to the CEO) (From date of announcement to completion of election.) 1 2 3 4 5 6 7 8. Sl. No. Name of the Political Party Nature of Expenditure recorded during rally, procession, public meeting etc. (for example Media advert., cut - outs, banners, helicopters, aircrafts etc. ) Quantity Rate Total Expenditure Evidence collected in exhibit no. /cassette no. etc. with date Remarks Signature Date: DEO /CEO 82Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C2 .txt _ Annexure -C2 Monthly Report by DEO (Part -A) Name of State/UT - Name of District - Sl. No. No. and Name of Constituency Total Number of candidates No. of candidates who ha ve filed Accounts No. of candidates who have not filed Accounts No. of candidates who have not filed Accounts in the prescribed manner No. of candidates for whom scrutiny of Accounts completed by DEO No. of candidates for wh om discrepancy found between Candidate register and Shadow Observation Register No. of candidates for whom Report sent to CEO No. of candidates for whom notices issued by ECI No. of candidates whose Accounts have been accepted by the Commission No. of candidates disqualified Signature of DEO 83 Mon thly Report by DEO (Part-B) Name of State/ UT – Name of District - Sl. No. No. and Name of Constituency Name of Candidate Name of Political Party/ Independe nt Status of Account Statement Note – In the Status column it should be mentioned whether candidate has submitted his account. If submitted, then mention the date of submission. Whether scrutiny completed by DEO; whether any discrepancy found between candidate’s account and Shadow Observation Register; whether report sent by the DEO to CEO; whether notice served on the candidate; w hether account accepted by the Commission. If accou nt not accepted by the Commission, whether case is pending or whether candidate has been disqualified. If disqualified, then mention the date of disqualification order. Signature of DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C3 .txt Detailed Seizure Report to be submitted after completion of Poll by CEO Annexure-C3 Report on Se izure (up to 12 O`clock) Election Expend iture Monitoring on poll day by the CEO (Report is to be sent to the Election Commission of India by 1 PM on poll day) Sl. No. Details Remarks 1. Total No. of Expen diture Observers Deployed across the State/UT 2. Total No. of Flying Squa ds (FS) deployed across the State/UT 3. Total No. of Static surveillance Teams (SST) deployed across the State/UT 4. Total No. of Excise Teams Deployed across the State/UT 5(a). Total amount of cash seized during election process (In Rs) FS SST SHO/Police Authority 5(b). Total amount of cash released after verification by FS, SST and Police as per 5(a) 5(c). Total amount of cash handed over to the Income tax Department by the FS, SST and Police a s per 5(a) 5(d) Balance amount of seizure covered by FIR lodged by the FS/ SST/Police and lying with election authorities/kept in treasury/kept as per direction of the competent court{5a - (5b+5c} (In Rs.) 6. Total Liquor, (In Litres with approx. value in Rs.) , drugs (in Kg with approx. Value in Rs.) and others item s eized a cross the State/UT during election process Liquor (In Litres) Total drugs/Narcotics/ Psychotropic substances seized (In Kg ) Total of Other Items seized i.e. Campaign Material, Dhotis, Sarees, etc. during Election process Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) 7a. By FS 7b. By SST 85 7c. By Excise Dept. 7d. By P olice 7e. Others 7f. Total .......... Liters ……………Kg Rs. Rs. Rs 8. (a)Total No. of suspected cases of ‘Paid News’ reported across the State/UT, where notices have been issued (b) Out of (a) above Total no. of Paid News cases decided by (i) Dist. MCMC (ii) State MCMCCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C3 .txt Detailed Seizure Report to be submitted after completion of Poll by CEO 8. (a)Total No. of suspected cases of ‘Paid News’ reported across the State/UT, where notices have been issued (b) Out of (a) above Total no. of Paid News cases decided by (i) Dist. MCMC (ii) State MCMC 9. By FS By SST By other Police By RO 9a. Total No. of expenditure related FIR/ Police cases registered across the State/UT 9b. Arrests, if any, related to bribe/gratification etc. 9c. Total No. of FIR/Police cases registered for Excise law violation Signature of the CEO/ In charge of the nodal officer Election Expenditure Monitoring Date To The Secretary (EXP), Election Commission of India, New Delhi -110001Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C4 .txt _ Annexure –C4 Seizure made by Police Department upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM) Sl. No. Description By F lying Squad (FS) BY Static Surveillance Team (SST) By others SHO/Police 1. Total amount of cash seized during election process (In Rs. ) 2. Out of 1 above t otal amount of cash released after verification by FS, SST and Police 3. Out of 1 above total amount covered by FIR/Complaint in court 4. Out of 1 above, total amount of cash handed over to the Income Tax Authority 5. Balance amount of seizure on which FIR has been lodged by the FS/ SST/Police and are lying with election authorities/kept in treasury/kept as per direction of the court {1- (2+4)} ((In Rs.) 6 Total Liquor, (In Litres with approx. value in Rs.), drugs (in Kg with approx. Value in Rs.) and others item s eized a cross the State/UT Liquor (In Litres) Total drugs/Narc otics/ Psychotropi c substances seized (In Kg) Total of Other Items seized i.e. Campaign Material, Dhotis, Sarees, etc. during Election process Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) 6a. By FS Rs. Rs. Rs. 6b By SST 6c By P olice 87 6d By Excise Dep tt. 6e Total (6a + 6b + 6c + 6d) ………Liters ……Kg Rs. Rs Rs. 7. Total No. of Expenditure related FIR/ Police ca ses registered across the State/UT 8. Total No. of Ar rests, if any related to bribe/ gratif ication etc. Signature Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: -Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C5 .txt _ Annexure –C5 Seizure of cash made by IT Dept. up to 12 O`clock on poll day (Report is to be sen t to the Election Commission of India by 1 PM on poll day ) S. No. Particulars Amount (In Rs. ) 1 Total amount of cash handed over to the Income tax Department by the FS or SST or Police during election process 2 Out of (1) above t otal amount of cash seized by Income Tax Deptt. during election process under the Income Tax Law 3 Out of (1) above t otal amount of cash released by the Income Tax Authority which was handed over by the FS or SST or Police authority during election process 4 Out of (1) above balance amount of cash taken into custody by the Income Tax Deptt., where action is pending for further investigation under the Income Tax Laws{1 -(2+ 3}(in Rs.) 5 Amount of any seizure made on suo motu cas es based on complaints received during election process 6 Total (4 + 5) (in Rs.) Signature Name & Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 89Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C6 .txt _ Annexure -C6 Seizure and raids etc. by the Excise Dept. upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM on poll day) Consolidated report of seizure of all types Liquors in (Litres) Values in Rs. (Approx.) Total drugs/Narcotics/ Psychotropic substances seized Values in Rs. (Approx.) Total Raids during election process (No.’s) Total No. of FIR/Police cases registered for excise violations Signature Designation Date To 1. The Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 90Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7 .txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart Annexure-C7 Election Commission ’s letter No. 76/2004/ J.S.II, dated 17.0 3.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: - Lodging of account of election expenses - Preparation of rate charts I am directed to enclose herewith a copy of the Commission's letter No.76 /2003 /J.S.II, dated 30th October. 2003, addressed to the Chief Electoral Officers of Madhya Pradesh, Chhattisgarh, Rajasthan, Mizoram and NCT of Delhi, on the sub ject cited in connection with General Election to Legislative Assemblies of these States. It was directed in the above referred letter that the District Election Officers shall compile the rate charts of the items shown in the list enclosed with the said letter on the basis of the rates prevailing in the district concerned and the rate list sh all be furnished to all observers and to the designated officers appoin ted by the District Election Officers. The instructions contained in the above mentioned letter dated 30th October, 2003 shall be strictly followed at the current General Elections to the Lok Sabha and Legislative Assemblies and at all future elections. ELE CTION COMM ISSION OF INDIA NIRVACHAN SADAN, ASHOK A ROAD , NEW DELHI -11000 1 Commi ssion’s letter No. 76/2003/J.S.II Dated : 30th October, 2003 To The Chief Electoral Officers of (i) Madhya Pradesh, Bhopal (ii) Chhattisgarh, Raipur (iii) Rajasthan, Jaipur (iv) Mizoram, Aizawl (v) NCT of Delhi, Delhi Subject: - Lodging of account of election expenses - Preparation of rate charts Madam/Sir, I am directed to say that the Commission has recently revised the proforma f or maintenance of accounts of election expenses by the candidates in the light of the recent amendment to Section 77 (1) of the Representations of the People Act. 1951vide i t s letter No.76/2003 J . S . I I , dated 14.10.2003.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7 .txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart Madam/Sir, I am directed to say that the Commission has recently revised the proforma f or maintenance of accounts of election expenses by the candidates in the light of the recent amendment to Section 77 (1) of the Representations of the People Act. 1951vide i t s letter No.76/2003 J . S . I I , dated 14.10.2003. In order to facilitate the scrutiny of expenditure which is to be maintained on a daily basis by the candidates in the prescribed proforma, the Commissio n has directed that all District Election Officers shall compil e the rate charts of the items in the enclosed list on the basis of the rates pre vailing in the district concerned. These rate lists be furnished to all Observers immediately 91 on their arrival in the respective districts and to all designated officers appointed by the District Election Officer for scrutiny of accounts by the contesting candidates. A copy of this instruction may be handed over to the Observers by the District Election Officer upon their arrival. RATE CHARTCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7 .txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart 1. Hiring charges of Louds peaker with amplifier and microphone 2. Construction of podium/ pandal (standard size to seat 4-5 persons) 3. Cloth Banner 4. Cloth Flags 5. Plastic Flags 6. Hand Bills (cost to be calculated and print order ascertained from printer - refer 127A of R. P. Act, 1951 ). 7. Posters 8. Hoardings 9. Cut outs (wooden) 10. Cut outs (Cloth/Plastic) 11. Video Cassettes 12. Audio Cassettes 13. Erection of Gates 14. Erection of Arches 15. Daily hiring charges of vehicles: (i) Jeep/Tempo/Trucker, etc. (ii) Sumo/Qualis (iii) Cars (iv) Three - Whe elers (v) Cycle - Rickshaws 16. Hiring charges of hotel rooms/gu est houses 17. Charges of drivers, salary 18. H iring charges of furniture (chairs, sofa, etc.) and fixtures 19. Hiring charges of hoarding sites from municipal authorities. 20. O ther items commonly used in a district (DEO to prepar e rate list of such items. 92Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8 .txt _ Annexure –C8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol.VIII Dated: 25th October, 2 013 To The Chief Electoral Offic ers of 1. Gujarat 2. Tamil Nadu Sub:- Bye-elections to the Gujarat and Tamil Nadu Legislative Assemblies -Uploading the candidate’s day to day account register on DEO/CEO Website -Reg. Madam/Sir, I am directed to refer to the Commission’s lette r no. 464/Exp. Obs./BE/2013/EEPS, Vol. I, dated 09 -10-2013 and to state that after every inspection during the election process, the day to day election accounts Register of the candidate shall be scanned till the date of inspection and uploaded on to the DEO’s portal with link provided to the CEO’s website, besides displaying photo copy on the notice board. The DEOs are requested to ensure that necessary arrangements are made for scanning and uploading on to the website. 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8 .txt _ 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY 93 Annexur e- C9 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/Vol -XIX Dated: 30th December, 2014 To The CEOs of all States/UTs Subject: Refreshment of polling /counting agents and expenditure on kiosks, : - accounting notional cost in the account of election expenses of the candidate – Reg. Sir/Madam, I am directed to invite your attention on the s ubject cited and to state that o n going through the election expenditure statements of the candidates, it is noticed that the candidates do not show any expenditure on account of the polling/counting agents, campaign workers, etc. Since candidates incur expenditure on food and refreshmen t and also payment of daily allowances, etc., for their polling/counting agents and campaign workers during election process and subsequently, such expenses also need to be included in their account. The DEOs may be asked t o notify the notional rates of l unch, dinner and light refreshment, daily allowances, etc., for the polling/counting agents and campaign workers, on the basis of prevalent rates in their respective districts after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM, in the list of items of expenditure used for election campaign.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8 .txt _ 2. I am further directed to state that candidates/political parties open kiosks, campaign offices, etc., in the constituency, during election p rocess and such expenses like rent or electricity or furnishing like shamiana etc., after the date of filing of nomination are to be included in the account of the candidate. The DEOs are required to include the notional rates of erection/construction of such kiosks, campaign offices, etc., in the constituency on the basis of prevalent rates, after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM in the list of items of expenditure used for election campaign. Receipt of the letter may kindly be acknowledged. Yours faithfully, Sd/- (Satyendra Kumar Rudola) Secretary 94Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ Annexure -C10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May 2015 To The Chief Electoral Officers of All States and UTs Subject: - Account Reconciliation Meeting with the candidates/ election agents with the District Expenditure Mon itoring Committ ee (DEM C)- regarding Sir, In supersession of Commission`s Order No.76/Ins tructions/EEPS/2013/ Vol -I, dated 14th March, 2013 regarding under -stated amount of election expenditure and the decision of the District Expenditure Mon itoring Committ ee (DEMC), I am directed to forward herewith revised ord er of the Commission to be follo wed by the DEMC in disposing of the cases of under - statement of account of election expenses of the candidates (Changes in italics). 2. I am further directed to request you to bring it to the notice of all the DEOs, Expenditure Observers, officials conce rned, candidates and political parties.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) Secretary 95 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Roa d, New Delhi-110001 File No. 76/Instructions/ EEPS/2015 /Vol-II D ated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commi ssion under Article 324 of the Constitution; and Whereas, reports are received that the candidates at elections to Lok Sa bha and State Legislative Assemb ly are spending excessive amount in their election campaigns, which disturbs the level playing field, and are o f t e n not show ing correct expenses in the day –to-day accounts of their election expenses; Now, therefore, the Election Commi ssion of India hereby issues the following order for maintaining the purity of election process: (i) If the Returning Officer or any officer authorized, by the District Election Officer/ Returning Officer, is in receipt of information during election process that any candidate has incurred or authorized certain expenditure and has not shown either a part or whole of it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act,1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-dayCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-day account or informing h im that he failed to produce his account, as the case may be. How ever, in case of suspected Paid News items, where notice is issued or is being issued by the Returning Officer as per the recommendation of the M edia Certifying and Monitoring Committ ee (MCMC), such items shall not be covered in this notice. (ii) Such candidate may reply to the notice within 48 hours, explaining the reasons for omission or default which is brought to his notice. In cases where the candidate accepts the fact of suppressed expense mentioned in the notice, the same shall be added to his election expenses. (iii) Where candidate fails to produce his day to day account for inspection and in spite of the notice, the failure continues, then FIR is to filed under section 171 (I) of Indian Penal Code, after 48 hours of service of such notice and the permission for use of vehicles etc. by the candidate for election campaign shall be withdrawn. 96 (iv) Where no reply is submitted by the candidate or his election agent within 48 hours of receipt of the notice, then the candidate shall be deemed to have accepted the supp ressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate. (v) If the candidate or his election agent disputes the supp ressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and the same shall be forwarded to the District Expenditure Mon itoring Committ ee (DEM C) consisting of the following:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ 1. Expenditure Observer in charge of the Constituency 2. DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ 3. Dy. DEO/Officer in charge of Expenditure Mon itoring of the District. (vi) The DEMC shall decide the case after examining the evidence mentioned in the notice and reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such supp ressed expenditure shall be added or not to the election expenses account of the candidate. (vii) Training: a. The DEO shall organize one day facilitation training programme for all the candidates/ election agents and the personn el engaged for receiving the accounts within one week before the last date of submission of the account of election expenses. b. The Nodal Officer of the Expenditure Mon itoring Cell and Assistant Expenditure Observer shou ld be associated in the training programme 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 show ing correct accounts shall also be explained to the candidates/agents. c. 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. d. The DEO shall notify the date and venue of tra ining on procedure of lodging th e final accounts and also about the date of Account Reconciliation meeting, positively on or by the date of declaration of result. (viii) Account Reconciliation meeting : (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/ their election agents can reconcile the disputed items of election expenditure in their 97 accounts of election expenses with the evidence gathered during election process and the notices issued by the RO. (b) The DEMC, af ter scrutinizing the accounts, shall pass the 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 the candidate agrees with the DEMC order, he/she may incorporate the same in his final accounts. If the candidate does not agree with the DEMC order, he/she may lodge his final accounts with the DEO, with the reasons for the disagreement by way of a letter to DEO. (c) If the candidate has already lodged his acc ounts prior to Account Reconciliation meeting, he/she may revise the accounts, within the statutory period of 30 days of completion of election, in order to incorporate the findings of DEMC. (ix) If the candidate does not file his statements of election expenses without any valid reasons within the stipulated period of 30 days from the day of declaration of result, then the DEO shall call for the explanation of the candidate suo motu and s end the report to the Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence. (xi) The DEO’s scrutiny report has to be entered in EEMS software* within seven days of its finalization. (xii) The above procedure shall be followed with immediate effect .Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10 .txt _ 2. The Commi ssion further directs the CEOs to bring it to the notice of all political parties, candidates, members of DEMC and all concerned in the State. By order, Sd/- (S. K. Rudola) Secret ary *Please refer Annexure -C17 98Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C11 .txt _ Annexure -C11 ELECTION COMMISSIO N OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 11th October, 2015 To The Chief Electoral Officer of all States/UTs. Subject: - Change of helicopte r by the candidates/political parties at last moment – Permission on priority basis by the DEO - regarding. Sir/Madam, I am directed to refer to the Standard Operating Procedure (SOP) issued by the Bureau of Civil Aviation Security (BCAS ), Ministry of Civil Aviation, Govt. of India vide their Office Memorandum No. CAS -7 (15)/2012/Div -I (Election) dated 03.07.2013 (copy enclosed) and to state that under the existing provision contained in Para (ix) of the afore - mentioned OM, at remote/unco ntrolled 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, mentioning the details of travel plan, place of landin g in the district and names of p assengers in the aircrafts/helicopters so that DEO can make 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. 2. The Commission has considered the above said provision and taking into account hardships caused to the candidates/political parties during election, it has been decided that in those cases where permissio n has already been accorded to t he candidates/political parties, if a request for change of helicopter is received from a candidate/political party at the last moment , then it will be dealt with by the DEO on priority basis and decision will be communicated within 03 hours of receipt of application to the candidate or political party concerned.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C11 .txt _ 3. Kindly bring it to the notice of all DEOs and concerned officers. Yours faithfully, Encl: As above Sd/- (S. K. RUDOLA) SECRETARY 99 Copy to : - 1. The Commissioner of Security (CA), Bureau of Civil Aviation Security, Ministry of Civil Aviation, ‘A’ Wing, Janpath Bhawan, Janpath, New Delhi – 110001 (By Special Messenger). 2. EPS Section/MCC Section/East -1 Section. Sd/- (S. K. RUDOLA) SECRETARY 100Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12 .txt _ Annexure -C12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2015/EEPS/Vol.XIV Dated: 2nd June, 2 016 To The Chief Electoral Off icers of all States and UTs. Subject: - Procedure for preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates – regarding. Sir/Madam, In partial modification of the Commission’s letter No. 76/In structions/2013/EEPS/ Vol. IV, dated 24th December, 2013, I am directed to forward herewith the procedure to be adopted by the DEO in preparation of scrutiny report under rule 89 of the Conduct of Elections Rules, 1961 on th e election expenses accounts lod ged by the candidates. The procedure referred to above may kindly be brought to the notice of all concerned for necessary action and compliance. The new procedure will be applicable prospectively and shall come into force with effect from the date of iss ue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to : - 1. Sr. PPS/PSO to the Hon’ble CEC/EC (J)/EC (R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secr etaries. 4. All Under Secretaries. 5. All Zonal Sections/Communication Section/CEMS -I & II/Computer Section/PPEMS/ SDR Section. 101 Procedure for preparation of DEO’s scrutiny and summary report 1. Every contesting candidate is required to file his/her account of election expenditure with the D EO within the statutory time limit of 30 days from the date of declaration of result. As soon as the accounts are received by the DEO, the Abstract Statement of each account should be scanned and put in the website of CEO wi thin 3 days of receipt by the DE O for wider dissemination among public. 2. Account Reconciliation Meeting :-Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12 .txt _ 2. Account Reconciliation Meeting :- 2.1 The Account Reconciliation Meeting shall be convened by the DEO on the 26th day of the declaration of result in which the candidate shall be given another opportunity to recon cile the understated amount of his/her election expenditure, if any. The DEO shall ensure that each candidate is informed about this meeting in writing on or by the day of declaration of result, so that the candidates /their election agents can be present a t the meeting and reconcile the disputed items of election expenditure in their accounts of election expenses with the evidence(s) gathered during election process and the notice(s) issued by the RO. 2.2 If no notice on understatement of items had been is sued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in Account Reconciliation Meeting first and subsequently shall be inf ormed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). 2.3 In the Account Reconciliation Meeting, the District Expenditure Monitoring Committee (DEMC) shall scrutinize the accounts and in cases where the differe nces could not be reconciled, shall pass an order in writing, giving detailed reasons, and serve it on the candidate/agent on the same day. If the candidate agrees with the DEMC order, he/she may incorporate the same in his/ her final accounts. If the candi date does not agree with the DEMC order, he/she may lodge his/her final account with the DEO, with the reasons for the disagreement by way of a letter to the DEO. 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12 .txt _ 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts: 3.1 After receipt of the fin al accounts from the candidates, the same shall be scrutinised by the DEMC. 102 3.2. Where the accounts submitted by the candidates involve procedural defects such as (i) vouchers not signed; (ii) duly sworn in affidavit not filed; (iii) register of day to day account along with bank regis ter and cash register not duly signed, (iv) Abstract Statement (Part -I to Part IV and schedule 1 to 10 **) not filled up/not duly signed; (v) Cash Expenditure in excess of Rs. 20,000/ -*** not incurred through cheque, (vi) Ex penditure outside the bank accou nt; (vii) self certified copies of the statement of bank account not submitted and (viii) if the bank account is not opened at all, within 3 days of receipt of the accounts the DEO shall issue a notice giving the candidate 3 days time to rectify the defect . The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his/her comments. 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12 .txt _ 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments. 4. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format (Annexure -21* of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO off ice preferably by the 38th day (Para 11.5 of the Compendium of Instructions). The DEO reports, duly forwarded by the CEO should reach the Commission within 45 days of declaration of result. 5. In cases where disagreement persists even after the Account R econciliation Meeting and the DEO does not agree that expenses have been correctly reported by the candidate, the DEO shall, along with the scrutiny report, enclose certified copies of the relevant documents viz. minutes of DEMC/Account Reconciliation Mee tings, notices issued, reply from the candidate, rate chart, Shadow Observation Register (SOR), Election Expenditure Register of the candidate with the documents, duly serial numbered. 6. The DEO shall get the data entered into the EEMS software** ** withi n 3 days of the finalisation of the candidate -wise scrutiny report. 7. The new procedure will be applicable prospectively from the date of issue of these guidelines, i.e. 2nd June, 2016. Note: *Please refer Annexure -C13 for Annexure -21 as the Compen dium has been revised. ** Please refer Annexure -E2, total no. of Schedules is 11 now. ** * Please refer Annexure -E11 and E12 **** Please refer Annexure -C17 103Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ Annexure – C13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/ Instructions/2015/EEPS/Vol. XIV Dated: 2nd June, 2016 To The Chief Electoral Officer of all States and UTs. Sub:- Modified format of DEO’s scrutiny report (Annexure -21) -Rega rding. Sir/Madam, I am directed to refer to Annexure -21 of “Compendium of Instructions on Election Expenditure Monitoring (April - 2016)” regarding candidate wise scrutiny report of DEO on election expenditure account and to state that after implementation of Account Reconciliation Meeti ng Scheme, modified format is being forwarded herewith with the request to bring it to the notice of all District Election Officers etc. for compliance. This new format will be applicable prospectively and shall come into fo rce with effect from the date of issue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to: 1. Sr. PPS/PSO to the Hon’ble CEC/EC(J)/EC(R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secretaries. 4. All Under Secretaries. 5. All Zonal S ections/Communication Section/CEMS -I & II/Computer Section/ PPEMS/SDR. 104 Serial Number of the candid ate in Summary Report of the DEO --------- Name of the State……………… District……………………Election…….......................... DEO’s SCRUTINY REPORT ON ELECTION EXPENSES OF THE CANDIDATE UNDER RULE 89 OF C.E. RULES, 1961 S.No. Description To be filled up by the DEO 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation MeetingCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation Meeting 7. (i) Whether the candidate or his agent had been informed about the date of Account Reconciliation Meeting in writing (i) Yes/No (ii) Whether he or his agent has attended the meeting (ii) Yes/No 8. Whether all the defects reconciled by the candidate after Account Reconciliation Meeting (Yes or No). (If not, defects that could not be reconciled be shown in Column No. 19) Yes/No 9. Last date prescribed for lodging Account 10. Whether the candidate has lodged the account Yes/No 11. If the candidate has lodged the account, date of lodging of account by the candidate: (i) origin al account (ii) revised account after the Account Reconciliation Meeting 12. Whether account lodged in time Yes/No 12 A. If not lodged in time, period of delay ………………… days 13. If account not lodged or not lodged in tim e, whether DEO called for explanation from the candidate. If not, reason thereof. Yes/No 14. Explanation, if any, given by the candidate 14A Comments of the DEO on the explanation if any, of the candidate 105 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/NoCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/No 17. If No, then please mention the following defects with details (i) Whether Election Expenditure Register comprising of Day to Day Account Register, Cash Register, Bank R egister, Abstract Statement has been lodged Yes/No (ii) Whether duly sworn in affidavit has been submitted by candidate Yes/No (iii) Whether requisite vouchers in respect of items of election expenditure submitted Yes/No (iv) Whether separate Bank Ac count opened for election Yes/No (v) Whether all expenditure (except petty expenditure) routed through bank account Yes/No 18. (i) Whether the DEO had issued a notice to the candidate for rectifying the defect (ii) Wh ether the candidate rectified th e defect (iii) Comments of the DEO on the above, i.e. whether the defect was rectified or not. Yes/No Yes/No 19. Whether the items of election expenses reported by the candidate correspond with the expenses shown in the Shadow Observation Register and Fol der of Evidence. If No, then mention the following: Yes/No Items of expenditure Date Page No. of Shadow Observation Register Mention amount as per the Shadow Observation Register/folder of evidence Amount as per the accoun t submitted by the candidate Amo unt understated by the candidate i ii, iii …… TOTAL 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106 21. If DEO does not agree with the facts mentioned against Row No. 19 referred to above, give the following details: - (i) Were the defects noticed by DEO brought to the notice of the candidate during campaign period or during the Accoun t Reconciliation Meeting Yes/No (ii) If yes, then annex copies of all the notices issued relating to discrepancies with English translation (if it is in regional language) and mention the date of notice (iii) Did the candidate give any reply to the notice ? Yes/No (iv) If yes, ple ase Annex copies of such explanation received, (with English translation of the same, if it is in regional language) and mention date of reply (v) DEO’s comments/observations on the candidate’s explanation 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO) 23. Comments, if any, by the Expenditure Observer* - Date: Signature of the Expenditure Observer * If the Expenditure Observer has some more facts that have not been covered in the DEO’s report, he may annex separate note to that effect . ** The DEO scrutiny report is to be compiled by the CEO and forwarded to the Commission. If the CEO feels like giving additional comments, he or she may forward the comments separately. 107 SUMM ARY REPORT OF DEO FOR EAC H CONSTITUENC Y ON LODGING OF ELECT ION EXPENSES ACC OUNT S BY CAND IDATES (a) No. and name of Assembly/Parliamentary Constituency: (b) Total No. of contesting candidates: (c) State and District: (d) Date of declaration of result of election/bye-election: (e) Last date of lodging accounts: (f) Name of the elected candidate:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13 .txt _ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. S. No. Name of the candidate and Party Affiliation Due date of lodging of account Date of lodging of accounts by the candidate Whether lodged in the prescribed format (Yes or No) Whether lodged in the manner required by law (Yes or No) Grand Total of the expenses incurred/authori zed by the candidate/agent (as mentioned in Part-II of Abstract Statement) Whether the DEO agrees with the amount shown by the candidate against all items of expenditure (Should be similar to point no. 22 of DEO`s Scrutiny Report i.e. Annexure - C13) Total expenses incurred by the Party (As reported in Part-III of Abstract Statement ) Total expenses incurred by others/entities as reported in Part-III of Abstract Statement Remarks of the Expendit ure Observer Lump Sum Amount in cash or cheque given to candidate by each Political Party Grand Total of other expenses in kind by the Political Party Lump sum Amount in cash / cheque given to the candidate (and mention names of donors) Grand total of other expenses in kind incurred for the candidate Signature of the DEO Comments of the Expenditure Observer, if any, Date: Signature of the Expend iture Observer 108Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C14 .txt _ Annexure -C14 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2017/Vol. XIX Dated: 13th December, 2017 To The Chief Electoral Officer Tamil Nadu Chennai Sub:- Bye-election to 11 -Dr. Radhakrishnan Nagar AC, Tamil Nadu, 2017 -Exclusion of items like T -shirt, saree etc. from Rate Chart -Regarding Sir, It has been brought to the notice of the Commission that in the rate chart issued by the DEO, Chennai, some items like saree, dhoti, blankets etc. have been included as valid items of expenditure and several candidates have shown expenditure incurred on T -shirts and sarees in their day to day account of election e xpenditure. In this regard, I am directed to refer to para 5 of Chapter D and the Commission’s letter no. 76/Instructions/2011/EEM, dated 7th Apirl, 2011 (Annexure -D9*) (copies enclosed) in the Compendium of Instructions on Election Expenditure Monitoring (October, 2017) and to reiterate that supply and distribution of main apparels like saree, shirt, T -shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters. Inclusion of these kinds of main apparels in the rate chart has given impr ession that the election authority has given permission to parties/candidates to distribute these items among the voters to lure them. The DEO, Chennai may accordingly be directed to exclude these items from the r ate chart and to bring it to the notice of all political parties, candidates and election authorities immediately. Yours faithfully, Sd/- (MUKESH KUMAR) UNDER SECRETARY *Please refer Annexure -D7 for Annexure -D9 as the Compendium has been revised 109Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C15 .txt _ Annexure -C15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. VI Dated: 18th February, 2019 To The Chief Electoral Officers of all States and Un ion Territories. Subject: -Fixation of dates for inspection of accounts of candidates 3 times during election period by Returning Officer -Reg. Madam/Sir, I am directed to state that there have been instances of fixation of different dates for inspection of accounts of c andidates by Returning Officers and Expenditure Observers in the last elections. In this connection, I am directed to reiterate that in pursuance of the Commission’s instructions laid down under the heading “Role of Returnin g Officer”, sub heading “Inspect ion of Accounts”, in part “C” of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)” (copy enclosed), the Returning Officer is required to prepare a schedule for inspection of Expenditure Register of each candidate in consultat ion with the Expenditure Observer. Three dates shall be fixed for inspection of Expenditure Register of candidates in such a way that the gap between two inspections should be at least three days and the last inspection shou ld be fixed not before 3 days fr om the day of poll. 2. You are requested to bring it to the notice of all Returning Officers for necessary compliance and to fix the dates for inspection of Expenditure Registers of candidates in accordance with the aforesaid provisions of Commission’s in structions. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 110Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ Annexure – C16 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/4/2019/SDR -Vol. I Dated: 28th February 2019 To The C hief Electoral Officers of All S tates and UTs Sub:- Amendments in Form -26 (Format of Affidavit to be filed by candidates) Sir/Madam, I am directed to invite reference to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10.10.2018, on the subject cited and to state that Form 26 appended to the CE Rules, 1961 has been further amended vide Ministry of Law and Justice Notification no. S.O. 1023 (E) dated 26.02.2019 (copy enclosed). The consolidated Form -26 after incorporating the amendments i s enclosed herewith. The candida tes are now required to file the affidavit in this amended Form -26. 2. This letter may be circulated to all DEOs, ROs in the State/Union Territory for necessary action on their part. This shall also be circulated to all Political parties based in the St ate, i.e. the State Units of the recognized Parties and recognized State parties of other States and all registered un -recognized political parties with headquarters based in your State/Union Territory, with instructions to take note of the amendments in F orm-26. Adequate publicity shall also be given in this regard so that all concerned are aware of the amendments in Form -26.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 3. Please acknowledge receipt and confirm action taken. Yours faithfully, Sd/- (N. T. Bhutia) Secretary 111 Form 26 (See rule 4A ) Please affix your recent passport size photograph here AFFIDAVIT TO BE FILED BY THE CANDIDATE ALONG WITH NOMINATION PAPER BEFORE THE RETURNING OFFICER F OR ELECTION TO………………..(NAME OF THE HOUSE) FROM……………………………CONSTITUENC Y (NAME OF THE CONSTITUENCY ) PART A I……………………………….. **son/daughter/wife of………………………………………………….Aged…………………………….. years, resident of……………………………………………………………( mention full postal address), a candidate at the above election, do hereby solemnly affirm and state on oath as under: - (1) I am a candidate set up by------------------------------ (**na me of the political party) / **am contesting as an Independent candidate. (**strike out whichever is not applicable) (2) My name is enrolled in…………………………………………(Name of the Constitu ency and the State), at Serial No……….in Part No…………….. (3) My contact telephone number(s) is/are………………………………………and my e-mail id (if any) is…………………………… and my social media account(s) (if any) is/are (i)…………… (ii)………………. (iii)…………………. 112 (4) Details of Permanent Account Number (PAN) and status of filing of Income Tax return : Sl. No. Names PAN The financial year for which the last Inco me-tax return has been filed Total income shown in Inco me-tax return (in Rupees) for the last five Financial Years (as on the 31st March) 1. Self (i) (ii) (iii) (iv) (v) 2. Spouse (i) (ii) (iii) (iv) (v) 3. HUF (If the Candidate is Karta or Coparcener) (i) (ii) (iii) (iv) (v) 4. Dependent -1 (i) (ii) (iii) (iv) (v) 5. Dependent -2 (i) (ii) (iii) (iv) (v)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 6. Dependent -3 (i) (ii) (iii) (iv) (v) Note: It is mandatory for PAN holder to mention PAN and in c ase of no PAN, it should be clea rly stated “No PAN allotted”. 113 (5) Pending criminal cases - (i) I declare that there is no pending criminal case against me. (Tick this alternative, if there is no criminal case pending against the Candidate and write NOT APPLICABLE against alternative (ii ) below) OR (ii) The following criminal cases are pending against me: (If there are pending criminal cases against the candidate, then tick this alternative and score off alternative (i) above, and give details of all pendin g cases in the Table below) Tabl e (a) FIR No. with name and address of Police Station concerned (b) Case No. with Name of the Court (c) Sections of concerned Acts/Codes involved (give no. of the Section, e.g. Section…….of IPC, etc.). (d) Brief description of offence (e) Whether charges have been framed (mention YES or NO) (f) If answer against item (e) above is YES, then give the date on which charges were framed (g) Whether any Appeal/Application for revision has been filed against the proceedings (Mention YES or NO) 114 (6) Cases of conviction (i) I declare that I have not been convicted for any criminal offence. (Tick this alternative, if the candidate has not been convicted and write NOT APPLICABLE against alternative (ii) below) OR (ii) I have been convicte d for the offences mentioned below: (If the candidate has been convicted, then tick this alternative and score off alternative (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposedCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposed (g) Whether any Appeal has been filed against conviction order (Menti on YES or No) (h) If answer to item (g) above is YES, give details and present status of appeal (6A) I have given full and up -to-date information to my political party about all pending criminal cases against me a nd about all cases of conviction as given in paragraphs (5) and (6). [candidates to whom this Item is not applicable should clearly write NOT APPLICABLE IN VIEW OF ENTRIES IN 5(i) and 6(i), above] Note:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 1. Details should be entered clearly and legibly in BOLD letters. 2. Details to be given se parately for each case under different columns against each item. 115 3. Details should be given in reverse chronological order, i.e., the latest case to be mentioned first and backwards in the order of dates for the other cases. 4. Additional sheet may be added if required.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 5. Candidate is responsible for supplying all information in compliance of the Hon’ble Supreme Court’s judgment in W. P (C) No. 536 of 2011. (7) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents: A. Details of movable assets : Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given. Note: 2. In case of deposit/Invest ment, the details including Serial Number, Amount, date of deposit, the scheme, Na me of Bank/Institution and Branch are to be given. Note: 3.Value of Bonds/Share Debentures as per the current market value in Stock Exchange in respect of listed co mpanies and as per books in case of non-listed companies should be given . Note: 4. “Dependent” means parents, son(s), daughter(s) of the candidate or spouse and any other person related to the candidate whether by blood or marriage, who have no separate means of income and who are dependent on the candidate for their livelihood. Note: 5. Details including amount is to be given separately in respect of each invest ment. Note: 6. Details should include the interest in or ownership of offshore assets. Explanation - For the purpose of this Form, the expression “offshore assets” includes, detail s of all deposits or investments in Foreign banks and any other body or institution abroad, and details of all assets and liabilities in foreign countries. Sl. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependen t-3 (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units in companies/Mutual Funds and others and the amount. (iv) Details of invest ment in NSS, Postal Saving, Insurance Policies and invest ment in any Financial instru ments in Post office or Insurance Company and the a mount (v) Personal loans/advance given to any person or entity including fir m, company, Trust etc. and other receivables from debtors and the amount. (vi) Motor Vehicles/Aircrafts/ Yachts/Ships (Details of Make, registration number. etc. year of purchase and amount ) (vii) Jewellery, bullion and valuable thing(s) (give details of weight and value) (viii) Any other assets such as value of clai ms/interest (ix) Gross Total value B. Detai ls of Immovable assets: Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated. Note: 2. Each land or building or apart ment should be mentioned separately in this format. Note: 3. Details should inclu de the interest in or ownership of offshore assets. S. No Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 117 (i) Agricultural Land Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate CurrentCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate Current market value (ii) Non-Agricultural Land Location(s) Survey number(s) Area (total measure ment in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate current market value 118 (iii) Commercial Buildings (including apart ments) -Location(s) -Survey number(s) Area (total measur ement in sq. ft.) Built -up Area (total measurement in sq.ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the property by way of develop ment, construction etc. Approxi mate current market value (iv) Residential Buildings (including apartments): -Location (s) -Survey number(s) Area (Total measure ment in sq. ft) Built up Area (Total measurement in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current marketCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current market value of (i) to (v) above (8) I give herein below the details of liabilities/dues to public financial institutions and government: - (Note: Please give separate details of name of bank, institution, entity or individual and amount before each item) S. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 (i) Loan or dues to Bank/Financial Institution(s) Name of Bank or Financial Institution, Amount outstanding, Nature of loan Loan or dues to any other individuals/ entity other than mentioned above. Name(s), A mount outstanding, nature of loan Any other liability Grand total of liabilities 120 (ii) Government Dues: Dues to Depart ments dealing with Govern ment accommodation (A) Has the Deponent been in occupation of accommodation provided by the Government at any time during the last ten years before the date of notification of the current election ? (B) If answer to (A) above is YES, the following declaration may be furnished namely: - (i) The address of the Government accommodation: …………………………… …………………………… …………………………… …………………………… (ii) There is no dues pa yable in respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent,Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent, electricity charges, water charges and telephone charges for the above Government accommodation should be submitted. YES/NO (Pl. tick the appropriate alternative) (iii) Dues to Department dealing with Government transport (including aircrafts and helicopters) (iv) Income Tax dues 121 Self Spouse HUF Dependent -1 Dependent - 2 Dependent -3 (v) GST dues (vi) Munici pal/Property tax dues (vii) Any other dues (viii) Grand total of all Government dues (ix) Whether any other liabilities are in dispute, if so, mention the amount involved and the authority before which it is pending. (9) Details of profession or occupation: (a) Self……………………………………………… (b) Spouse …………………………………………. (9A) Details of source(s) of income: (a) Self …………………….. (b) Spouse ………………….. (c) Source of income, if any, of dependents,………………… …. (9B) Contracts with appropria te Government and any public company or companies (a) details of contracts entered by the candidate…………. (b) details of contracts entered into by spouse …………… (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners …………………………………………….Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners ……………………………………………. (f) details of contracts, entered i nto by private companies in which candidate or spouse or dependents have share ……………………….. (10) My educational qualification is as under: ………………………………………………………………………… (Give details of highest School / University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 122 PART – B (11). ABSTRACT OF THE DETAILS GIVEN IN (1) TO (10) OF PART - A:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 1. Name of the candida te Sh./S mt./Ku m. 2. Full postal address 3. Number and name of the constituency and State 4. Name of the political party which set up the candidate (otherwise write ‘Independent’) 5. Total number of pending criminal cases 6. Total Number of cases in which convicted 7. PAN of Year for which last Inco me Tax Return filed Total Income Shown (a) Candidate (b) Spouse (c) HUF (d) Dependent 8. Details of Assets and Liabilities (including offshore assets) in Rupees Description Self Spouse HUF Dependent -I Dependent -II Dependent -III A. Moveable Asset s (Total value) B. Immovable Assets Asset I Purchase Price of self-acquired immovable property II Development/constru ction cost of immovable property after purchase (if applicable) 123 III Approxi mate Current Market Price - (a) Self-acquired assets (Total Value) (b) Inherited assets (Total Value) 9. Liabilities (i) Govern ment dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total) 10. Liabilities that are under dispute (i) Government dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16 .txt _ 11. Highest educational qualification : (Give details of highest School /University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 124 VERIFICATION I, the deponent, above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there fro m. I further declare that:- (a) there is no case of conviction or pending case against me other than those mentioned in items 5 and 6 of Part A and B above; (b) I, my spouse, or my dependents do not have any asset or liabilit y, other than those mentioned in items 7 and 8 of Part A and items 8, 9 and 10 of Part B above. Verifie d at………………….…..this the……………………… ……day of………………………………. DEPONENT Note : 1. Affidavit should be filed latest by 3.00 PM on the last day of filing nominations. Note : 2. Affidavit should be sworn before an Oath Commissioner or Magistrate of the First Class or before a Notary Public. Note : 3. All columns should be filled up and no column to be left blank. If there is no infor mation to furnish in respect of any item, either “Nil” or “Not applicable” as the case may be, should be mentioned. Note : 4. The affidav it should be either typed or written legibly and neatl y. Note: 5. Each page of the Affidavit should be signed by the deponent and the Affidavit should bear on each page the stamp of the Notary or Oath Commissioner or Magistrate before whom the Affidavit is sworn. (Ministry of Law & Justi ce Notification No. H11019(4)/2018 -Leg.II, dated 10th October, 2018 and Notification No. H -11019/13/2016 -Leg. II, dated 26th February, 2019) 125Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17 .txt _ Annexure -C17 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 19th June, 2019 To The Chief Electoral Officers of All States/UTs Subject: General Election to LS and State Legislative Assemblies, 2019 -Filing of DEO’s Scrutiny Report in EEM S Software -Regarding. Madam/Sir, I am directed to refer to the Commission’s letter of even no. dated 31st May, 2019 on the subject cited and to state that the Commission has developed a new data entry portal as a part Suvidha * Module, for online filing of the DEO’s Scrutiny Report in respect of the contesting candidates. It is relevant to mention that the online form contains the same columns as the physical format of DEO’s Scrutiny Report. 2. The data entry portal can be accessed by v isiting the link https://suvidha.eci.gov.in ** (Steps to be followed are enclosed). You are requested to kindly ensure that data is entered online within 3 days of finalization of DEO’ s Scrutiny Report. 3. In case of any clarification the URL https://support.ecitech.in *** may be visited, wherein you may register first and then raise the relevant query. 4. You are requested to ensure that this measure is brought to the no tice of all concerned including ROs, DEOs and the EOs. The DEO’s Scrutiny Report should also be sent in physical form as mentioned in para (b) of the letter of even no. dated 31st May, 2019. Yours faithfully, Sd/- (Rajan Ja in) Under Secretary * Now ENCOR E **Now https://encore.eci.gov.in ***Now https://support.ecitech.in/support/login 126 Election Expenditure Monitoring Software -Guidelines for filing of DEO’s Scrut iny Report Election Expenditure Monitoring Software is a web portal system to help DEOs to submit candidate wise Scrutiny Report. Steps for E -filing (DEO Login): 1. Open the link https:/ /encore.eci.gov.inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17 .txt _ 1. Open the link https:/ /encore.eci.gov.in 2. Select “Gene ral Election to the House of People” or “General Election to the Legislative Assembly”, depending on the election concerned. 3. DEOs will use the username, password and process which is used for Suvidha login. 4. There are two options (1) Fill DEO Scrutiny Repor t (2) Dashboard. 5. Click on “Fill DEO Scrutiny Report”. 6. The list of candidates will be automatically populated from Suvidha data of the AC/PC and appear on the page. 7. Under the heading “Status” click on “Not Started” to open a form. 8. Fill in the form till part 5 and finalise. 9. Once it is finalised it gives the DEO the following option “Continue to add more DEO Scrutiny report for candidates” “Yes/No” I. Pressing “Yes” will take the DEO back to the first page with the name of all candidates for entries. II. Pressing “No ” will take the DEO to the “Tracking Module” 10. Tracking Module to be filled. 11. Complete and finalise. 12. Finalising the Tracking Module will take the DEO back to the landing page with the list of candidates for further entry. 13. Final ising the Tracking Module report shows the Status as “Finalised”. 14. Non finalisation of Tracking Module but filling up of Scrutiny Report will show the status as “Update Info”. 15. The finalised form will be pushed to the CEO for further necessary action. 127 Steps to be taken by CEO: 1. Open th e link https://encore.eci.gov.in 2. Select General Election to the House of People or General Election to the Legislative Assembly depending on the election concerned. 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17 .txt _ 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise. 8. Under the heading “Status” click on “Update Info” to open the form. 9. Tracking Module to be filled. 10. Complete and finalise. 11. Finalising the Tracking Module will take the CEO back to the landing page with the list of candidates for further entry . 12. Finalising the Tracking Module report shows the Status as “Finalised”. 13. The finalised form will be pushed to the ECI for further necessary action. Please raise your technical difficulties at https://s upport.ecitech.in/support/login 128Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ Annexure -C18 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 9th July, 2019 To The Chief Electoral Officers of all States/UTs Sub:- General Elections to Lok Sabha, Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and some bye -elections, 2019 -List of defaulting candidates in terms of submiss ion of their accounts of election expenses -Reg. Madam/Sir, In continuation of the Commission’s letter of even number dated 31.05.2019 andCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ 19.06.2019 (copies enclosed for ready reference), I am directed to state that DEOs ar e requested to send the DEO’s S crutiny Reports [Annexure -C3* of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)] within 45 days of declaration of results i.e. by 8th July, 2019 through the CEO to the Commission and if the CEO feels it so necessary additio nal comments may be furnished thereupon, separately. In the past it has been noticed that DEOs and the CEOs are sending the DEO’s Scrutiny Reports in a piecemeal manner which leads to undue delay in their final disposal. For the sake of timely disposal of accounts cases by the Commission, it has been decided that DEO’s Scrutiny Reports on Accounts of Candidates shall now be categorized at the CEO level and shall be furnished to the Commission in the specified format (annexure enclosed), as under: - A. Tota l No. of DEOs who have furnished scrutiny reports. B. Total No. of Contesting Candidates. Category -1: Candidates in whose case no defect has been pointed out by the DEO in the DEO’s Scrutiny Report. Category -2: Candidates who did not lodge th eir accounts of election expenses. Category -3: Candidates who failed to lodge their accounts of election expenses within the prescribed time period (i.e. within 30 days from the date of declaration of election results under section 78 of the R. P. Act, 195 1). Category -4: Candidates who failed to lodge their accounts of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2, 3 and 4).Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ 2. You are requested to bring it to the notice of all DEOs for compliance and furnish the DEO’s Scrutiny Reports w ithin 45 days of declaration of results of elections along with proper categorization of account cases in the prescribed format (annexure enclosed) to the Commission.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to Zonal Section/Zona l Under Secretaries/Zonal Secretaries/Zonal Principal Secretaries with the request to take follow up action on DEO’s Scrutiny Reports in terms of Commission’s circular dated 2nd June, 2016. *Please refer Annexure -C13 for A nnexure -C3 as the Compendium has been revised. See below Annexure Summary of DEO’s Scrutiny Report from the State of ……………………General Elections to ………………………………….Year…………………. Category -1-Candidates where no defects pointed out by the DEO in the DEO’s Scrutiny Report Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -2-Candidates who failed to lodge their accounts of election expenses Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -3-Candidates who failed to lodge their accounts within prescribed time of 30 days of declaration of results Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention (i) last date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, ( iii) reason for late submission, if obtained by the DEO) 1 2 3… Total Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. TotalCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18 .txt _ Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. Total Category -5-Candidates who failed to lo dge their accounts in time and m anner (cases other than Category 2, 3 & 4) Sl. No. District No. & Name of Name of Candidate Returned or Non -Party Affiliation/ Remarks (mention (i) last 131 AC returned Independent date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, (iii) reason for late submission, if obtained by the DEO, (iv) the deficiencies found and amount of understatement, if any) 1 2 3…. Total (Signature of the CEO) Date: 132Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19 .txt _ Annexure -C19 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI Dated: 24th July, 2020 To The Chief Electoral Officers of All States/UTs Sub:- Cases of accounts of election expenses of candidates -Non-adherence of time limit prescribed under Rule 89 of the C onduct of Elections Rules, 1961 and Commission’s Instruction -Regarding Madam/Sir, I am directed to refer to the Commission’s letter no. 76/Instructions/2015/EEPS/Vol. XIV, dated 2nd June, 2016 regarding procedure for preparation of DEO’s Scrutiny Report in respect of account of election expenses of contesting candidates under Rule 89 of the Conduct of Elections Rules, 1961. It has been observed that time frame prescribed in the aforesaid Rule is not being followed by the DEOs leading to undue delay in disp osal of accounts cases. Your att ention is invited to ECI O.M. No. 76/2004/JS -II, dated 5th July, 2004 (Copy Enclosed) whereby the Commission has fixed a deadline of one year for disposal of all cases pertaining to account of election expenses. This was done keeping in view the observatio n of the Karnataka High Court (Judgment dated 26.07.1999 of the Karnataka High Court in WP No. 4357 of 1999 -Guinness Hite Paksha Rangawamay Vs. Chief Election Commissioner and Ors.) which inter -alia states that there cannot be undue delay in passing order under section 10A and it should be passed within reasonable time.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19 .txt _ 2. The relevant rules of the C. E. Rules, 1961 are reiterated as under: Rule 89(5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of elect ion expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section 10A for the failure. Rule 89(6) Any contesting candidate who has been called upon to show cause under sub -rule (5) may within 20 days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the District Election Offi cer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. Rule 89(7) The District Election Officer shall, within 5 days of the receipt thereof , forward to the Election Commis sion the copy of the representation and the account (if any) with such comments as he wishes to make thereon. 3. Para 4 of Commission’s letter no. 76/Instructions/2015/EEPS/Vol. XIV, dated 2nd June, 2016 states that: The DEO shall finalize the candidate wi se summary and scrutiny reports in the prescribed format (Annexure -C3*) of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day (Para 11.5 of 133 the Compendium of Instru ctions). The DEO reports, duly forwarded by the CEO should reach the Commission within 45 days of declaration result.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19 .txt _ 4. In the recent review of pending accounts cases, the Commission has viewed very seriously the delay in submission of DEOs’ Scrutiny Repo rts, Supplementary Reports, acknowledgements regarding delivery of Commission’s Notices and non -responsiveness of many DEOs. It is reiterated that law will lose its rigor if time limits as prescribed under Rule 89 of the C. E. Rules, 1961 as well as in the Commission instructions are not followed in true spirit. 5. It is, therefore, required to bring the above instruction of the Commission to the notice of all DEOs for strict compliance. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY *Please refer Annex ure-C13 for Annexure -C3 as the Compendium has been revised 134Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ Annexure -C20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/ER/2020/SDR/Vol. III Dated: 1st October, 2020 To The Chief Electoral Officers Of all States and UTs Subject: Optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the CE Rules, 1961) -Guide lines -reg. Madam/Sir, I am directed to state that under sub -section (1) of section 33 of the R. P. Act, 1951, nomination paper completed in the prescribed form and signed by the candidate and by an elector of the co nstituency as proposer has to be delivered to the Returning Officer at the place specified in the notice issued under Section 31 of the R. P. Act, 1951. 2. In order to move forward in the way of digital India and to minimize scope of mistakes in nomination form and the affidavit (Form 26 ), the Commission has decided to provide an optional facility to candidates for online data entry of personal details in nomination form. This facility will be available for the candidates through the Election Commission’s S uvidha portal https://suvidha.eci.gov.in . The candidate will have to do the registration and login with the mobile number and OTP. The guidelines for availing this facility are enclosed herewith (Annexure -A). 3. At present, the facility is avail able in two languages, namely, English and Hindi. 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action. 6. Kindly acknowledge receipts. Yours faithfully, Sd/- (N. T. Bhutia) Secretary See below Annexure -A Guidelines for optional facility for candidates for online data entry of personal details in Nomination Form A facility has been provided for the Candidates to make online data entry of their personal details in the nomination form and the affidavit (Form 26 ) through ECI suvidha portal i.e. suvidha.eci.gov.in. Validation checks at each step of the process will help the candidates to fill the form in proper format and without errors. The facility for online payment of security deposit by the candidate is also available through the same suvidha portal. 1. Online data entry in Nomination FormCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ 1. Online data entry in Nomination Form 1.1 The facility of Online data entry in nominations form will be available for the Candidates through ECI Suvidha Portal https://suvidha. eci.gov.in Step 1 -registration - The Candidate will have to do the registration and login with the mobile number and OTP. After a successful login, the candidate needs to enter the EPIC number and the relevant details will be auto -fetched from the elector al roll. Step 2 -Data entry of personal details in the form and affidavit -Candidate then needs to make data entry of his personal details in the nomination form and affidavit online. In case of error or mistake entries, fille d in the form, can be edited/cor rected, till the finalization by the candidate. Step 3 - Selection of preferable dates - After complete details verification, candidate has to finalize the form and proceed further for selection of 3 preferable dates from the candidate given , by ticking at t he same, for physical submission of the form before the Returning Officer. Step 4 - Security deposit -Further, the candidate can submit the security deposit online by choosing the available options from net banking. Optionally , the candidate can choose to en ter the details of challan or indicate the option to deposit it by cash. Step 5 - Physical submission of print out of the form filled online -It is to be noted that the form in which the online data entry was made by candidate, will only be treated duly subm itted if a printout with QR Code is taken from the system, signed in ink, notarized and delivered by hand, either by the candidate himself or by his proposer between the hours of 11 O’clock in the forenoon and 3 O’clock in t he afternoon to the Returning Of ficer, on the appointed date and place specified by him. The online Nomination Facility will be closed one day prior to the last date of nomination. 136 Function of Returning OfficerCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ 1. Provision of IT infrastructure and manpower - (i) Returning officers should set u p a workstation for physical verification of online data entry of personal details made by candidate in nomination from the date of notification till the last day of nomination. (ii) Returning Officer should ensure the availabili ty of one or more computers alongwith printer, scanner, webcam, stationary and other essential as per requirement at the workstation. The computer/laptop should be with webcam and minimum i3 processor, 2 GBRAM, and at least 50 GB of free space available. If the webcam is inbuilt in the l aptop/desktop then it should be at least 2 megapixels while in case of a separate webcam, the same should be of at least 5 megapixel. (iii) Operating system and Browser should be updated with updated antivirus Java Script support . (iv) The system and hardware shall be checked by Returning Officer, well in advance, by scanning a sample QR code and also the quality of scanning and printing. (v) Returning Officer should identify the staff and arrange training of them, well in time, scanning of QR Code, verification of physi cal and electronic copy filled up by the candidate, generating and taking print out of the receipt from the system.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ 2. Processing and verifying Nomination Forms in which data entry made by candidate online - (i) The Returning Office r will login and complete the pr ocess of nomination form, in which online data entry was made and received through the ENCORE portal https://encore.eci.gov.in . (ii) The Returning Officer can view all the Preferences indicated by candidates for dates f or delivering print out of nomination form in which online data entry was made and give appointments accordingly. (iii) As per the common directions, the nomination forms, which have been filled using the suvidha portal are requir ed to be downloaded, printed and completed in all respects and then hard copy delivered physically by the candidate or his proposer, to the Returning Officer. Before verifying each such nomination form, the Returning Officer shall check the QR Code at the top of the first page. The scann ing of QR Code shall be done at the first instance by the Returning Officer, which will mark the time of receipt of the application. (If in any case, the QR Code is not readable through the webcam, the Returning 137 Officer has the option to enter the system g enerated nomination id printed on the form and proceed for verification.) (iv) After scanning, the details of the physically handed over form shall be checked and verified from the online submitted form. (v) In case of a difference between a form in which online da ta entry made and physically submitted form, the nomination form should be treated as submitted offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20 .txt _ offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in the nomination form and this be informed to the candidate. In such case, the manual method of security deposit, as prescribed by the Election Commission of India, shall be followed. (vii) After the verification of nomination form as per the above procedure, the Returning Offic er shall fill Part (IV) in the s ystem and proceed for receipt generation. (viii) Returning Officer should verify the details in the receipt generated and signed copy be handed over to the candidate as per the rules. (ix) Returning Officer shall prepare the checklist as provided in the Commission’s instructions and the same will be handed over to the candidate against a proper receipt. 138Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1 .txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department Annexure-G1 ELECTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-100001 No.76/Instruction s/EE PS/2013/Vol. II D ated: 16th January, 2013 To The Chairman, Central Board of Direct Taxes, Ministry of Finance, North Block, New Delhi Subject: General Elections to the Legislative Assemblies of Nagaland, Tripura and Meghalaya 2013 -Mod ifications in the Commission’s instructions on Election Expenditure Mon itoring- Reg. Sir, I am directed to state that the Commission has announ ced the schedule of the General elections to the Legislative Assemblies of Nagaland, Tripura and Meghalaya vide its Press Note, dated 11-01-2013 and to invite your kind attention to the Commission’s letter No. 76/Instructions/2012/EEPS, dated 27th July,2012 and subs equently modified letters dated 17-12-2012 and 15.01.2 013 (copies enclosed) issued to the Chief Electoral Officers of the above mentioned states on close su rveillance over election expenditure during the election periodCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1 .txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department 2. Since black money vitiates the purity of election process, you are requested to make necessary arrangements to curb the use of black money during the elections, as mentioned below:- a. Monitoring by the Income Tax Department: All Airports in the state, major Railway Stations, Hotels, Farm Hous es, Hawala Ag ents, Financial Brokers, Cash Couriers, pawn brokers and other suspicious Agencies/ persons likely to be used for movement of undisclosed cash during election process shall be kept under close surveillance by the Income Tax Dept.. For this purpose, the services of the officers and officials under the supervision of D irector General of Income Tax (Inv.) in charge of the state are requisitioned by the Commission. The placement of officers of Investigation Directorate is to be done immediately after the notification of elections in a state, in the state capital or in such sensitive places, as decided by the Income Tax Deptt. 303 b. For this purpose, the Director General of Income Tax (Inv) shall take steps to open a 24X7 Control Room, and complaint monitoring cell preferably in the State capital having a toll free number for receiving complaints or information regarding movement of large sums of cash or other items suspected to be used for bribing of electors. The Income Tax Investigation D irectorate, on the basis of information or complaint, shall condu ct independent enquiry against any person and the DEO shall take steps to provide security personnel enabling them to take necessary action. The ou tcome of the enquiry by the Income Tax Investigation D irectorate shall be reported to the Commission with copy to the CEO of the respective State. c. Besides the above, the Investigation Directorate and Financial Intelligence Unit (FIU), Govt. of India shall down load from ECI website the copies of affidavits declaring assets and liabilities by the candidates. The FIU shall also verify the information availableCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1 .txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department Income Tax Investigation D irectorate shall be reported to the Commission with copy to the CEO of the respective State. c. Besides the above, the Investigation Directorate and Financial Intelligence Unit (FIU), Govt. of India shall down load from ECI website the copies of affidavits declaring assets and liabilities by the candidates. The FIU shall also verify the information available with them pertaining to the candidates and send the report to the DGIT (Inv) of the State through CBDT. The Investigation Directorate shall also verify the information available with the Income Tax Department and the report shall be sent to the Commission wh ere any supp ression of information about assets or liability or pending dues is noticed. In any case, the investigation report regarding the assets shou ld be sent not later than 6 months from the date of poll. d. If any information pertaining to election expenses by any candidate or political party is gathered by the Investigation Directorate either during the election campaign or in course of their independent investigation of any person including the case of the candidates, either before or after the election, it shou ld be reported to the Commission. e. Besides the above, the Investigation Directorate of Income Tax Department shall report to the Commission about the political parties which are taking donations and enjoying tax exemptions in the poll bound states without filing the statutory returns and action taken by the Dept. within 2 weeks of announ cement of election. f. Deployment of Income Tax officials: i. The team of Income tax officials besides gathering intelligence on their own in the state shall station themselves at such sensitive places, where movement of large sums of un- disclosed cash etc. is suspected and take action as per the Income Tax laws. ii. Besides, the Income Tax Department shall open Air Intelligence Unit in all airports ofCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1 .txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department f. Deployment of Income Tax officials: i. The team of Income tax officials besides gathering intelligence on their own in the state shall station themselves at such sensitive places, where movement of large sums of un- disclosed cash etc. is suspected and take action as per the Income Tax laws. ii. Besides, the Income Tax Department shall open Air Intelligence Unit in all airports of the poll bound States and airports having commercial flights to poll bound States and keep 304 strict vigil over the movement of cash through the aircrafts (including p rivate aircrafts) leading to or taking off the poll bound states. If any cash exceeding Rs. 10 lakh is found in the airport, the Income Tax Department shall take steps to take necessary action under the Income Tax laws. If it is not possible to seize the same under Income Tax laws, then Income Tax Department sh all pass on information to the CEO of the state instantly who shall take steps under IPC, if the cash is suspected to be used for bribing of electors. The CISF authorities will extend necessary information and cooperation in this regard. iii. If information of cash withdrawal in excess of Rs. 10 Lakh from the bank account by any person is reported by the Bank to the DEO, the same shall be passed on by the DEO to the Nodal Officer of Income Tax Investigation D irectorate / Assistant Director of Income Tax(Inv.) in charge of the district, who shall take immediate action under the Income Tax laws.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1 .txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department 3. The Activity Report shall be forwarded by the Asst./ Dy. Director of Income Tax (Inv.) as per the revised format (Annexure-24*), to the Nodal Officer at the O/o DGIT (Inv.)/DIT(Inv.) concerned who will in turn compile the reports and send it to Election Commission every alternate day, with copy to CEO. The format in Ann exure 24, as revised is also enclosed herewith. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETA RY *Please refer Annexure -B11 for Annexure -24 as the Compendium has been re vised . 305Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2 .txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections Annexure-G2 F.No.60 (2)/2008-BO.II Government of India Ministry of Finance Department of Financial Services 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi Dated the 20th February, 2013 To The Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi (Kind Attention: Shri S. K. Rudola, Secretary) Subject:- Transport of Clean and genuin e cash by banks during elections-Reg. Sir, 1. Kindly refer to the Election Commission of India’s letter No. 75/EI. Ex/ITD/2012 /EEPS/605 dated 29th May, 2012 on the above subject and reply of this Department vide letter of even number dated 06.11.2012, inter-alia, indicating that a Standard Operating Procedure will be evolved by the Indian Banks’ Asso ciation and this Department will share the SOP with Election Commission so that the same become a part of the checking procedure of the election machinery thereby ensuring smooth transpo rt of clean and genuine cash by banks during elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2 .txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections 2. Indian Banks Asso ciation gathered the views/comments of select group of banks and based on the feedback received from banks and after deliberations, the M anaging Committ ee of the IBA has finalized and circulated following guidelines for transpo rtation of cash to all member banks for implementation. - The bank shall ensure that the cash vans of outsourced agencies/companies carrying that bank’s cash shall not, under any circumstances, carry cash of any third party agencies/individuals except the banks. Towards this, the outsourced agencies/companies shall carry letters/documents etc. issued by the banks giving details of the cash released by the banks to them and carried by them for filing the ATMs and delivering cash at other branches, banks or currency chests. - The personnel of the outsourced agencies/companies accompanying cash van shall carry identity card issued by the respective agencies. - 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 o fficial) 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. 306 - The aforesaid procedure shall be part of the standard operating rules and procedure of banks for transport of cash.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2 .txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections 3. Kindly find enclosed a copy of Circular dated 04.02.2013 issued by IBA to the member banks. We request you to kindly consider making these guidelines to become part of the checking procedure of the election machinery thereby ensuring smooth transpo rt of clean and genuine cash by banks during elections. Yours faithfully, Sd/- (D.D. Maheshwari) Under Secretary to the Government of India Tel. No.011 -23748750 E-mail:usbo2 -dfs@nic.in, bo2@n ic.in Encls: As Above 307Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G3 .txt Commission’s letter no. 76/Instructions/2013/EEPS/Vol.V dated 18th April, 2013 clarification regarding election expenditure towards serving food, mass marriages, seized cash and other issues. Annexure-G3 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI -110001 No. 76/Instructions/2013/EEPS/Vol V Dated: 18th April, 2013 To The Chief Electoral Officer Karna taka Bangalore Subject: - Clarifi cations on Election Expenditure towards serving food, mass marriages, seized cash and other i ssues -Regarding Sir, I am directed to refer to your letter no. nil dated 13.04.2013 received through e -mail and to cl arify as under: - 1. Serving food, cold d rinks, butter milk to the people who ha ve come for rally organised by the political party or candidate – (a) Under section 77 of the Representation of the People Act, 1951 the candidate is required to keep a separa te and correct account o f all expenditure in connection with the election, incurred or authorised by him or his election agent between the date of nomination and the date of declaration of result. The amount incurred on such items shall be booked in the election expenditure of the candidate(s), w ho has/have organised such rally/meetin g. If the rally/meeting is organised by the politic al party then expenditure on such items shall be regulated in terms of Hon`ble SCI Judgement in Kanwar Lal Gupta Vs Am ar Nath Chawla (AIR 197 5 SC 308, dated 1 0-04-1974) incorporated in para 10.2 of the Instructions on Election Expenditure Monitoring - March 2013. (b) However, serving only portable drinking water or butter milk among the people, who attended the rally, may not constitute bribery under section 171 B of IPC. 2. Mass Marriage: - There is no restriction by the Commission on such function. If there is any suspicion that such function is being used for election campaign, then the same should be monitored. Howe ver, candidate’s expendi ture shall be reg ulated in terms of instruction given in paras 5.10.2 and 5.10.3 of the Instructions on Electi on Expenditure Monitoring –March, 2013.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G3 .txt Commission’s letter no. 76/Instructions/2013/EEPS/Vol.V dated 18th April, 2013 clarification regarding election expenditure towards serving food, mass marriages, seized cash and other issues. 2. Mass Marriage: - There is no restriction by the Commission on such function. If there is any suspicion that such function is being used for election campaign, then the same should be monitored. Howe ver, candidate’s expendi ture shall be reg ulated in terms of instruction given in paras 5.10.2 and 5.10.3 of the Instructions on Electi on Expenditure Monitoring –March, 2013. 5.10.2 and 5.10.3 of the Instructions on Election Expenditure Monitoring – March, 2013. 3. Convoy/Bike Rallies: -The Commiss ion, vide its letter no. 437/6/INST/201 0-CC & BE, dated 5th October, 2010 had decided that du ring the Model Code period, the vehicles of political parties and candidates moving in a convoy shall not have more than t en vehicles 308 excluding th e security vehicl es, if any, provided to the candidates, leaders of political parties etc., in that convoy. 4. Seized cash or other items to be recorded in the Shadow Observation Register : As per the existing instruction, if the sei zed cash or other items are found to be l inked with a candidate, then after fili ng complaints/FIR by the R.O or any other officer auth orized by him shall send the copy of complaints/FIR to the Expenditure Observer/Assistant Expenditure Observer who shall m ention it in Shadow Obse rvation Register. In partial modification of para 6 of the Commission’s order no. 76/Instructions/2013/EEPS/V ol. I, dated 21 March, 2013. (Annexure -73 of Instructions on Election Expenditure Monitoring, March 2013), it is hereby c larified that the seized amount will not be treated as election expenditure of t he candidate till the case filed in the court is deci ded finally and till such time it shall not be entered in Shadow Observation Register. The Complaint/FIR copy shall be ke pt in the folder of evid ence. Yours fai thfully, Sd/- (S.K.RUDOLA) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process Annexure-G4 CAS-7 (15)/2012 /Div-I (Election ) GOVERN MENT OF INDIA BUR EAU OF CIVIL AVIATION SECUR ITY (MINISTRY OF CIVIL AVIATION) A' WING, JANPATH BHAWAN JANPATH, NEW DELHI -110001 Dated: 03/07/2013 OFFICE MEMOR ANDUM Subject: Modified Standard Operating Procedure to prevent transport of unauthorized arms, contraband goods and suspicious money/bullion through airports during election process - matter reg. Ref. OMs of even no. dated 0 8.04.2011 and dated 14.02.2012 Reports are received that during the process of elec tions, unauthorized arms, contraband goods or large sum of cash/bullion are often transported through chartered aircraft/h elicopters/passengers of commercial airli nes to the poll bound States. The Elect ion Commission of India is concerned about such incide nts, which may disturb the level playing field during the election process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 2. Therefore, as per request of the Election Commission of India, it is hereby directe d that the following measures shall be taken, while keeping vigil over the baggage/passengers at commercial airports and in non -commercial airstrips/helicopters of the States, going for poll of those boarding such a ircrafts to the poll bounds States: Pre-embarkation checks at Commercial Airpor ts: (i) During election process, all rules and proc edures with regard to frisking and checking of persons and baggage should be strictly enforced without any exception. All passengers (excepting th ose who are exemp ted under the Rules) and all the baggage (excepting that which is exempted under the Rules), boarding any aircraft/helicopters including commercial/ chartered flights will pass through the pre -embarkation security c hecks area of operational airports of the State going of Polls. (ii) No prior permission for landing or take off of chartered aircra fts (including fixed wing aircrafts) and helicopters at commercial airports shall be required from District Election Offic er (DEO) or Returning Of ficer (RO). The A ir Traffic Control (ATC) in commercial airports shall inform the Chief Electoral Officer (CEO ) of the State and the DEO of the district, in which the airport is located, about the travel plan of chartered aircrafts or helicopters as early as possible, pref erably half an hour in advance. 310 (iii) However, during election process, the ATC shall kee p record of all such chartered aircrafts or helicopters, landing and taking off from commercial airports, time of landing, time of take off and pa ssenger manifest, route plan etc. The ATC shall make a copy of this information available to the CEO of the St ate concerned and to DEO of the district, in which airport is located, within 3 days, after the date of landing/take off a nd the CEO/DEO shall make such informatio n available to the Expenditure Observer for making necessaryCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process time of take off and pa ssenger manifest, route plan etc. The ATC shall make a copy of this information available to the CEO of the St ate concerned and to DEO of the district, in which airport is located, within 3 days, after the date of landing/take off a nd the CEO/DEO shall make such informatio n available to the Expenditure Observer for making necessary verification during inspection. The ATC shall also make the record available for inspection by Expenditure Observer whenever required. (iv) All baggage, including hand baggage, of persons/passe ngers (not exempted under the Rules) but permitted to avail the facility of vehicle for going up to aircraft shall also be screened by CISF/State/UT police without any relaxation. (v) The CISF or police authorities of the State or Union Territory on detec tion of cash, exceeding Rs.10 lakhs or bullion, weighing 1 kg or more in the baggage of aircr afts, flying to or from the Poll bound State, shall instantaneously report to the Income Tax Department. (vi) The Income Tax Department, on recei pt of information shall make necessary verification as per the Income Tax Laws and take necessary measures if no satisfactory explanation is given. They shall also inform the Election Commission / Chief Electoral Officer / District Election Officer concerned, before releas e of any such cash or bullion. (vii) T he law enforcement agencies, like CISF, State Police a nd Income Tax Department shall develop their internal Standard Operating Procedure (SOP) in such a way that the entire event right from detection till seizure or r elease at the airport is captured by close circuit TVs/ Video Camera. For this purpose the CC TVs shall be installed in all commercial airports in places where the cash/ bullion is detected counted/ seized and also i n the interrogation chambers of the law e nforcement agencies including Income Ta x Department Such recordingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process event right from detection till seizure or r elease at the airport is captured by close circuit TVs/ Video Camera. For this purpose the CC TVs shall be installed in all commercial airports in places where the cash/ bullion is detected counted/ seized and also i n the interrogation chambers of the law e nforcement agencies including Income Ta x Department Such recording of CCTVs / Video Camera sh all be preserved with the Airport Operator/ Authority for a period of 3 months and when required, be made available to the Election Commission/CEO . Checks at Non -commercial Airports/helipads : (viii) At remote/uncontrolled airports/helipads, the flying sq uad or police authorities of the State/UT in coordination with pilot of the aircraft shall carry out the screening/physica l checking of all baggage coming out of t he craft (excepting the handheld purse by the ladies). Any unauthorized arms, contraband good s, cash exceeding Rs.50,000/ - belonging to any candidate or agent or party functionary shall be investigated and considere d for seizure as per 311 order of Hon’ble Sup reme Court in Election Commissioner vs Bhagyoday Janparishad & Ors. WP No. 231/2012, dated 09 .11.2012. However, it is clarified that frisking of body of any passenger shall not be done at the time of disembarkation at such remote uncontrolled airports/hel ipads, unless there is specific informa tion about unauthorized arms or contraband goods, etc. , being carried by the person. (ix) At remote/uncontrolled airports and helipads, application will have to be made eit her by the candidate or by the political party to the DEO concerned, at least 24 hours before landing, mentioning the details of trave l plan, place of landing in the district and names of passengers in the aircrafts/helicopters so that DEO can make adequat e arrangements for security, law and orde r issues and also to make available the coordinates of the helipad. On receipt of suchCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process the candidate or by the political party to the DEO concerned, at least 24 hours before landing, mentioning the details of trave l plan, place of landing in the district and names of passengers in the aircrafts/helicopters so that DEO can make adequat e arrangements for security, law and orde r issues and also to make available the coordinates of the helipad. On receipt of such appli cation, DEO shall issue permission on the same day on priority basis. (x) Every candidate shall also inform the Returnin g Officer concerned in w riting within fiv e days after the landing of aircraft/helicopter, in his constituency about the hiring charges paid/payable to the company owning/leasing the aircraft/helicopter, the names of passengers and name of the political par ty. (if the party has borne the expense f or the hiring)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 3. All concerned are re quested to ensure that the above directions are strict ly complied with under intimation to this office. Sd/- (R N Dhoke, IPS) Addl. Commissioner of Security ( CA) Distrib ution: 1. All Chief S ecretaries of Sta tes/UTs 2. The DG, CISF, 13 CGO’s Complex, Lodhi Road, New Delhi. 3. All DGP/IGP of Sta tes.UTS 4. DGCA, Oppo. Safdarjung Airport, New Delhi. 5. Chairman, AAI, Safdarjung Airport, New Delhi. 6. The RDCOS( CA), BCAS, Delhi, Amritsar, Mumbai, Ahmed abad, Chennai, Hyderaba d, Kolkata & Guwahati: for strict compliance. 7. The MD, DIAL, New Udan Bhawan, Opp.Terminal -3, IGI Airport, New Delhi -37. 8. The MD, MIAL, CSI Airport, 1st Floor, Termi nal IB, Santacruz (E), M umbai -400009. 9. The MD, CIAL, Cochin International Airport Ltd., Cochin Airport, Cochin. 10. The MD, HIAL, Hyderabad International Airport Limited, Shamshabad - 500409, Ranga Reddy Distt., A.P. 11. The MD, BIAL, Bangalore Internat ional Airport Ltd., Administration Block, Bengaluru International Airport Devan ahalli, Bangalore -560300. 12. The MD, MIHAN India Priv ate Ltd. Dr. Babasaheb Ambedkar International Airport, Nagpur. 312 Copy to: - 1. Election Commission of India (Shri Anuj Ja ipuriar Secretary) Nirva chan Ashoka Roa d, New Delhi.: w.r.t. letter No.76/Instructions/2013/EEPS/Vol.I dated 27th June , 2013 2. The Secretary to the Govt. of India, Ministry of Civil Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi 3. The Chairman, CBDT, North Block, New De lhi 4. The Joint Director, IB, 35 SP Marg, New Delhi Internal: 1. PPS to Jt. COSCA 2. Shri R.N. Dhoke, Addl.COS(CA), Nodal Officer, Tel No. 011 -23311467 Mob no. +919013626505, Tel. No. (011)23311467, Mob. No. +919013626505 3. Shri M. T. Baig., A sstt. Commissioner of Security (CA), Alternate Nodal Officer Tel. No.(011) 23731721Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4 .txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 4. The Joint Director, IB, 35 SP Marg, New Delhi Internal: 1. PPS to Jt. COSCA 2. Shri R.N. Dhoke, Addl.COS(CA), Nodal Officer, Tel No. 011 -23311467 Mob no. +919013626505, Tel. No. (011)23311467, Mob. No. +919013626505 3. Shri M. T. Baig., A sstt. Commissioner of Security (CA), Alternate Nodal Officer Tel. No.(011) 23731721 4. All Officers in BCAS HQrs Sd/- (R. N. Dhoke, IPS) Addl. Commissioner of Security 313Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5 .txt _ Annexure –G5 NO. CAS -7(15)/2012/DIV -I(Election) Government of India Ministry of Civil Aviation Bu reau of Civil Aviation Security ‘A’ Wing –I, II, III, Janpath Bhawan, Janpath New Delhi -110001 11/10/2013 ADDENDUM TO OFFICE MEMORANDUM DATED 04/10/2013 Subject: General Electi ons to the Legislative A ssemblies of NCT of De lhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -2013 - reg. Reference is invited to this office O.M. of even number dated 04/10/2013 regarding implementation of Modified SOP to prevent tra nsport of unauthorized arms, cont raband goods and suspicious money/bullion throu gh airport located during current election p rocess in the poll going states. The following instructions are to be followed additionally: - (i) Passengers, crew and baggage to be tr ansported in General Avi ation/Cha rtered/P rivate aircrafts and aircrafts owned or hired by state governments shall be emplane d through the normal pre -embarkation security check procedure as is applicable to scheduled flights. Similarly normal disembarkation channel shall be followed and ex it of su ch pa ssengers and baggage shall not be allowed through any other gate of the airpor t. Movement of exempted category passengers is to be coordinated in advance for smooth passage but their hold baggage will be screen ed. (ii) Baggage (except the handheld purse o r pou ch by any passenger) of arriving passengers, crew in respect of General Aviati on/Chartered/Private aircrafts and aircraft owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and theCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5 .txt _ owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and the aircraft ope rators en gaged in screening of baggage through stand alone X -BIS shall report the detection of an un authorized arms to police and suspicious money/bullion to Income Tax Officer(s) posted at the airports in poll going states without any delay; and (iv) It will be the r esponsib ility of District Magistrate/SP to prev ent transport of unauthorized arms, contraba nd goods and suspicious money/bullion in General Aviation/ Chartered/ Private aircrafts and aircraft owned or hired by state governm ents operating to/from r emote/ un controll ed ai rports/helipads to poll going states during election process. The guidelines a re to be strictly adhered to and the above instructions will remain in force till end of the poll process in the states. Sd/- (R. N. Dhoke, IPS) Addl. C ommis sioner of Security (CA) 314 Distrib ution: -Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5 .txt _ 1. All Chief Secretaries of States/ Uts. 2. The DG. CISF, 13 CGO Complex, Lodhi Road, New Delhi. 3. All DGP/IGP of States/Uts 4. DGCA, Opposite Safdarjung Airport, New Delhi 5. Chairman, AAI Safdarjung Ai rport, Ne w Delhi 6. The R DCOS(CA), BCAS, Delhi, Mumbai, Chennai, Kolkata, Amritsar, Ahmedabad, Hyderaba d and Guwahati - For Strict Compliance. 7. The MD, DIAL, New Udan Bhawan Opp Terminal -3, IGI A irport, New Delhi - 37. 8. The MD, MIAL, CSI A irport, 1st Floor. Terminal 1B, S antacruz (E), Mumbai - 400009. 9. The MD, CIAL Coch in Int, Airport Ltd, Cochin Airport, Cochin. 10. The MD, HIAL, Hyderabad International Airport Ltd, Shamshabad -500408. 11. The MD, BIAL, Bangalore International Airport Ltd, Administra tion Block, Bengaluru Internation al Airpo rt De vanshaill, Bangalore - 560300 12. The MD, MIHAN India Private Ltd. Dr. Babasaheb Am bedkar International Airport Nagpur. Copy to: 1. Election Commission of India (Kind attention: Shri S.K. Rudola, Secretary), Nirvachan Sadan, Ashoka Road, New Delhi -w.r.t. letter No.76/Instructions/2013/EEPS/Vol.VI /330 dated 30.09.2013. 2. The Secretary to the Govt. of India Ministry of Civil Aviation, Rajiv Gandhi Bhawan, New Delhi. 3. The Chairman, CBDT, North Block, New Delhi. 4. The Joint Director, IB , 35 SP M arg, New Delh i. Internal: 1. PS to Jt. COSCA. 2. Shri R. N. Dhoke, Addl COS (CA), Nodal Officer, Tel No. 011 -23311467, Mob No. +919013626605. 3. Shri M T Baig, ACS (CA), Alternate Nodal Officer, Tel No. 011 -23731721. 4. All Officers in BCAS Hqrs. 315Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G6 .txt _ Annexure -G6 F.No.CAS -7(15) 2012/Div.(Election) Government of India Ministry of Civil Aviation Bureau of Civil Aviation Security A’ Wing, I -III floor, Janpath Bhavan, Janpath, New Delhi -110001 Date: 12/11/2013 To The Inspec tor General, CISF (Ai rport Sector), 13, C GO Co mplex, New Delhi Sub: Election to the Legislative Assemblies of N CT of Delhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -Reg. Sir, Reference is invited to CISF lette r no. 10679 dated 9/ 11/20 13 on the subject sited above resp onse to Election Commission of I ndia letter no. 739 dated 01/11/2013. 2. In this connection, BCAS letter of even number dated 11/10/2013 (copy enclosed) inter alia reads that p assengers, crew and b aggage to be transpo rted in general aviation/chartered/private aircrafts and aircrafts owne d or hired by State governments shall be emplaned through the normal pre -embarkation security cheek procedure as is applicable to scheduled flig hts. Similarly, norma l disembarkation cha nnels shall be followed and exit of such passenger and baggage shall no t be allowed through any other gate of the airport. Further, AAI has instructed to airports vide their letter no. 1583 dated 8/11/2013 (copy enclosed) reiterating th e above instructions in response to this office letter of even number dated 01/11/2013. The above duties can be achieved by redeployment of existing manpower. 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to:Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G6 .txt _ 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to: 1. Election C omm issioner of India (Shri B. B. Garg, Jt. Director), Nirvachan Sadan, Ashoka Road, New Delhi -01 Internal: PS to Jt. COSCA, PS to ACOS (S), ALL RDCOS, BC 317Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ Annexure -G7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Asho ka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject : Standard Operati ng Procedure for sei zure and release of cash and other items - regarding Madam/Sir, In supe rsession of Commission’s Order No. 76/Instructions/2014/EEPS/Vol. XIX, dated 30th December 2014, I am directed to forward herewith the revised S tandard Operating Procedure (SOP) for dep loyme nt of the Flying Squads, Static Su rveillance Teams etc. and for seizure and release of cash and other items during election process, for necessary action and compliance.(Changes in italics). 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance. 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARY 318 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK A ROA D NEW DELHI -110001 File No. 76/Instructions/ EEPS/2015 /Vol-II Dated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commission under Article 324 of the Constitution; and Whereas, all forms of intimidation, threat, influence and bribing of electors must be prevented in the interest of free and fair election and; reports are received that money power and muscle power are being used during election process for inducement of electors by way of distribution of cash, gift items, liquor or free food; or for intimidation of electors by threat or intimidation; and Whereas, distribution of cash or any item of bribe or use of muscle power for influencing electors are crime under sections 171 B and 171 C of IPC and also are Corrupt Practices under Section 123 of R.P. Act, 1951; Now, therefore, for the purpose of maintaining pu rity of elections, the Election Commission of India hereby issues the following Standard Operating Procedure for Flying Squads, constituted for keeping v igil over excessive campaign expenses, distribution of items of bribe in cash or in kind, movement of illegal arms, ammunition, liquor, or antisocial elements etc. in the constituency during election process: Flying Squad (FS) 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll. 2. The Flying Squad shall (a) attend to all model code of condu ct 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 pu rpose of bribing of electors etc.; (c) attend to all complaints regarding election expenditure incurred or authorized by the candidates / political party; (d) videograph w ith the help of Video Surveillance Team (VST), all major rallies, public meetings or other major expenses made by political parties after the annou ncement of election by the Commission. 3. In Expenditure Sensitive Constituencies (ESC), there shall be more FSs, depending on the requirement. The FS shall not be given any other work during the period. The names and mobile numbers of the Magistrate as head of the FS and other officials in FS 319 shall be provided to the Complaint Monitoring Control Room and Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer and Ass istant Expenditure Observer. In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the situation and the DEO shall take necessary steps in this regard. The DEO shall constitute the FS with officers of proven integrity.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 4. Whenever a complaint regarding distribution of cash or liquor or any other item of bribe or regarding movement of antisocial elements or arms and ammunition, is received, the FS shall reach the spot immediately. In case of suspicion o f com mission of any crime, the incharge Police Officer of FS shall seiz e 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 prop er Panchnama for sei zure as per the provisions of CrPC to the person from whom such items a re seized. He shall ensure that case is submitted in the Court of competent jurisdiction within 24 hrs. The Magistrate of the FS will ensure tha t proper procedure is followed and there is no law and order problem. 5. 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 E xpenditure Observers, and shall also send Daily Activity report in respect of model code of condu ct violations to RO, DEO, S.P. and General Observer in the format as given in Ann exure-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 conso lidated report in the same format ( i.e.,: Ann exure – A & B) on the next day by fax/ e-mail to the Commission w ith a copy to the CEO of the state.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 6. The entire proceeding shall be video recorded. The Inchar ge Officer of FS sh all also file complaints/F.I.R. immediately against (i) the persons, receiving and giving bribe; and (ii) any other person from whom contraband items are seized, or (iii) 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.O. for public information and be sent to the DEO, General Observer, Expenditure Obs erver and Police Obs erver. The Expenditure Observer shall mention it in the Shadow Observation Register, if it has links with any candidate’s election expenditure. 7. In case, a complaint is received about distribution of cash, gift items, liquor or free food; or about threat/ intimidation of electors; or of movement of arms/ammunitions/ antisocial elements 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 police station of that area, who shall rush a team to the spot for taking necessary action on the complaint. All seizures made by the police authorities either on receipt of complaints 320 forwarded by FS or received independently shall also be reported to the FS which shall incorporate such seizure reports in its Daily Activity Reports in relevant rows/columns and this is done to avoid dup lication of reports of s eizure.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 8. Each FS shall announ ce through a Public address system, fitted onto its vehicle, the following in local language in the area un der 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 bo th. 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 know ledge 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”. 9. As per C ommission’s instruction No. 23/1/2015 -ERS, dated 21 -02-2015, Booth Level Awareness Groups (BAGs) formed for purification and authentication of electoral rolls of the booth will also be associated in collecting the evidences of malp ractices taking plac e in their area either by mobile softwa re developed by the Commission o r otherwise. Whenever the BAG provides any information, the Flying Squad should reach the spot within shortest possible time and take necessary action and gather cor roborative evidences . 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures. 11. After the announ cement 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. 12. All the vehic les u sed by the Flying Squads shall be fitted with the CCTV cameras/ webcams or shall have video cameras (keeping in view the availability and economic viability) for recording the interception made by the Flying Sq uads Static Surveillance Team (SST) 1. There shall be three or more Static Surveillance Teams in each A ssembly Constituency/Segment w ith one executive magistrate and three or four police personn el in 321 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. 2. 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. 3. The Magistrate of the SST shall send Daily Activity report to the D.E.O. w ith copy to R.O., S.P. and E xpenditure Observer, General Observer, and Police observer in a format as per Ann exure –C, on the same day. The S.P. sha ll send daily activity update to Nodal Officer of Police Headquarter, who shall compile all such reports from the district and send a conso lidated 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.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 4. The checking by the SSTs shall be done in the presence of an Executive Magistrate and shall be video-graphed. No such checking shall take place without the presence of Executive Magistrate. The video/CCTV record with an identification mark of date, place and team number shall be d eposited with the R.O, on the next day who sh all 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/-. 5. 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. 6. Checking by SST on the major roads or arterial roads shall commence from the date of notific ation of election . The SSTs shall be controlled by the DEO and S.P. in consu ltation with General Observer and Expenditure Obs ervers and the mechanism shall be strengthened in last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive pockets and during suc h period, the SST shall not be dismantled under any circumstances . 7. 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. 10,000/-, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure. The whole event of checking and seizure is to be captured in a video/CCTV, which will be submitted to the Returning Officer, everyday. 322Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 8. If any star campaigner is carrying cash up to Rs. 1 Lakh, exclusivel y for his/her persona l use, or any party funct ionary is carrying cash with certi ficate 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 vehic le and there is no suspicion of commission of any crime or linkage to any candidate or agent or party functionary, then the SST shall not seize the cash, and pass on the information to the Income -Tax authority, for necessary action under Income - Tax Laws. 9. During checking, if there is any suspicion of commission of c rime, the seizure of cash or any item shall be done by the incharge Police Officer of the SST as per provision of CrPC in presence of the Execut ive Magistrate. The P olice Officer in cha rge o f SST shall file complaint/FIR in the Court, having jurisdiction, within 24 hours. 10. 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, unle ss there is a lady o fficer. The FS shall also supervise the functioning and proper conduct of SSTs during checking in their areas. 11. Advance training of FSs and SSTs should be done as per direction of the Commission. The DEO and the SP of the district sh all ensure that the teams are constituted and properly trained. The Nodal Officer at the Po lice Headquarters shall ensure that proper training and sensitisation of the police force is this regard is done. 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell).Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell). 13. 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. 10 lac s 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 r equired. 14. Wherever the FS or SST or police authorities receive information about any suspicious items in their area, including movement of huge amount of cash, they shall keep the respective Law enforcement agencies informed about such items. 15. All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit so that timely action by the teams can be monitored.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 16. Release of Cash (i) In order to avoid inc onvenience to the pub lic and genuine pers ons a nd also for redressal of their gri evances, if any, a committee sh all be formed comprising three officers of 323 the District, namely, (i) CEO, Zila Parishad/CDO/P.D,DRDA (ii) Nodal Officer of Expenditure Monitoring in the District Ele ction Office (Conveno r) and (iii) District Treasury Officer. The Committee shall suo -motu e xamine 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 seizur e or where the seizu re is not linked with any candidate or political party or an y election campaign etc., as pe r Standard Operating Procedure, it shall take immediate step to order release of such cash etc. to such persons from whom the cash was seized aft er passing a speakin g order to that effec t. Th e Committee shall look into all cases and take decision on seizur e. (ii) The procedure of appeal against seizure should be mentioned in the seizure document and it should also be informed to such persons at the tim e of seizure of cash . The functioning of this committee should be given wide pub licity, including telephone no. of the convenor of the Committee. (iii) All the information pertaining to release of cash, shall be maintained by the Nodal Officer expenditure monito ring in a register, serially date wise wi th th e details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. (iv) If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relatingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relating to se ized cash/ seized valuables shall be kept pending in malkhana or treasury for more than 7(Seven) days after the date of poll, unless any FIR/Complaint is filed. It shall be the responsibility of the Returning O fficer to bring all such cases before the appe llate committee and to release the cash/valuables as per order of the appellate committee.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 17. It is further informed that the EEMS software for Daily Activity Report, available in the Commission’s website may be used for sending the report to the Com missi on. By order , Sd/- (S. K. Rudola) Secretary Note: Please refer Annexure -B8, B9 & B10 for Annexure - A, B & C. 324 Format for Receipt to be given to persons from whom cash/article is seized Book No…………… ……. Receipt Number…… …… …………. Date …… ……………… ……. Name of the Executive Magistrate …… ……… …… … (Heading the Flying Squad/ Static Surveillance Team) 1. Cash Amount seized Rs…… ………… …… (in words……… ……… …… ……… ……… ……… …… ……) / Other articles seized… ………… ……… ……… …… ……… ……… ……… ……… ……… ……… …… .from Shri……… ……… ……………… ……… ……… …… ……… ……… …….. ……… ……Address:…………… ……… ……… …… ……… ……… ……… …… …………. . Mobile No. ……… ……… ……… ..……… ………… .. at…………… ……… ……… …… …….. (name of place where seized) on dated……… ……… ……… ………… ……falling in the Assembly/Parliamentary Constituency of………… ……… ……………… ……… ……… …… ……… ………… . (Name of State/ UT) …… ……… …… District ……… ……… ………… ………P olice Station ……… ……… ……. … ………… as the entire cash/ other articles is suspected to be used as bribery of the electors. OrCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7 .txt _ 2. The cash Rs…… …… ……… ……… ……… …… ……… ……… ……… …… ……... ( In words Rs ……… ……… ……… …… ……… ……… ……)/- (details of other articles) have been h anded o ver to Sh ri……… ……… ……………… ……...(name and designation of the Officer of Income Tax Deptt.) taking necessary action under Income Tax Laws. (Strike out if not applicable) Appeal Proc edure You may appeal to ……………… ……… ……… …… ………….. (Name of ADM/SDM, heading the Expenditure Monitoring Cell) for redressal of grievance, within seven da ys or you may appe al to Joint Director of Income Tax (Inv.) for necessary relief if action relates to Income Tax deptt . Signature with Stamp (Name, Designation and address of Magistrate) Date: 325Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G8 .txt _ Annexure -G8 ELECTION COMMISSION OF INDIA Nirvachan Sada n, As hoka Road, New Delhi -110001 No. 76 /Instructions/EEPS/2015/Vol.V Dated: 20th January, 2016 To The Chief Electoral Officers of All the States and UTs Subject: List of Non -Scheduled Operator’ s Permit holders (NSO P)- Regard ing. Sir/Madam, Kindly find enclosed a copy of letter no. AV.14015/Gen./2008 -AT-I, dated 05.01.2016 received from the Director General of Civil Aviation, New Delhi forwarding therewith list of service providers for Non -Sche duled Operators Permi t Hol ders. The office of DGCA has infor med that the NSOP holders (Serv ice Providers) are free to fix the hiring charges and such charges are not being regulated by the office of DGCA. I am directed to request you to kindly bring it to the notice of all th e Dis trict Election Officers and other election authorities impressing that whenever necessary, the information regarding hiring charges of helicopters/aircrafts etc. may be obtained by them directly from the Non -Scheduled Operators Pe rmit Holders. Yours faithfully, Sd/- (AVINASH KUMAR) SECR ETARY Enc. As above (33 pages) Copy to Shri Ved Prakash, Director of Operations (Air Transport), O/o the Director General of Civil Aviation, Technical Centre, Opp. Safdarjung A irport, New Delhi ( By Special Messenger) , with the request to facilitate the desired information and keep upda ting the list on the website of DGCA so that the election authorities are able to obtain latest information during election process. Sd/- (AVINAS H KUMAR) SECRETARY 326Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9 .txt _ Annexure -G9 ELECTI ON CO MMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2016/Vol.II Dated: 4th April, 2016 To The Chief Electoral Office rs of all States/UT s Subject: Standard O perat ing P rocedure for follow up action by the Flying Squads on receip t of complaints relating to storage of cash or other valuables etc. in any premise - Regarding. Madam/Sir, I am directed to refer to the Commissio n`s letter No.76/In structions/2015/EEPS /Vol. II dated 29th May 2015 and to stat e that the instructions therein provide a comprehensive SOP in respect of deployment of Flying Squads, SSTs etc for seizure and release of cash and other items during election p rocess. The SOP cov ers instances of comp laints relating to movement of large sum of cash etc. suspected to be for the purpose of bribing of voters etc. However, it is seen that there is lack of clarity in respect of the procedure to be followed by the comp laint monitoring ce lls and Flying Squads in respect of complaints relating to s torage of large amount of cash at any premise which is suspected to be for illegal use in connection with election. Accordingly, it is decided that the following procedure may be strictly followe d by the complaint mo nitor ing cell, DEMC or the Expenditure Observer on receipt of such com plaints or information that large amounts of cash or other valuables are lying at any premise which may be used for bribing of voters. 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9 .txt _ 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action. 3. A team of Flying Squ ad will be immediately rushed to the spot. The team will deploy persons at some distance yet within sight from the premises for continuous surveil lance of the premis e till the team from Incom e Tax Department arrives or it is conclusively inferred from disc reet enquiry that the information is not genuine. If required, videography can also be made. 327 4. Neither the Expenditure Observer, nor any member of the Flying Squad wi ll enter the premise befor e arrival of the Income Tax Team. 5. Any action with regard to sear ch and seizure will be undertaken by the Income Tax Department as per procedure laid down under the Income Tax Act. However, the members of the Fl ying Squad team or the Expenditure Obser ver m ay enter the premise if their serv ices are required by the Income Tax team, which would be strictly under the provisions of the Income Tax Act including authorisation etc. 6. The DEO/ SP are expected to provide ne cessary assistance in execution of the s earch by the Income Tax team. 7. The Flying Squad team (teams) should be present in the vicinity for interception and checking of persons entering or coming out of the premise during the period of the search. Cash or v aluables etc found in such vehicles/ wit h suc h persons may be seized by the Fly ing Squad as per laid down proc edure. 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9 .txt _ 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own. 9. The instruct ion contained in pa ra 4.2.8 of the Compe ndium of Instructions must be strictly complied by the Expenditure Obs erver. He shall co -ordinate with the Enforcement agencies and shall ensure that there is free flow and exchange of information among all agencies. On receipt of info rmation from any agen cy, a ction is to be taken promptly by t he law enforcement agency conce rned. You are requested to kindly bring it to the notice of the Income Tax Department, Police Department and all the election authorities for com pliance. Kindly ac knowledge the receipt of this letter. Yours faithfully, Sd.- (Satyend ra Kumar Rudola) Principa l SecretaryCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections Annexure-G10 Instruction No. 2 2/2023 -Customs F. No. CBIC -21/125/ 2021 -INV-CUSTOMS -CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect taxes & Customs (CBIC) Investigation - Customs ***** 10th Floor , Tower -2, Jeevan B harti Building, Parliament Street, New Delhi -110001. Email: inv -customs @gov.in Tel. 011 -21400625 Date: 06.07.2023 To All Pr. Chief Commissioners/ Chief Commissioners of Customs /Customs (Prev.)/ Central GST, The Pr. Director General, Dire ctorate General of GST Intelligence, New Delh i, The Pr. Director General, Dire ctorate of Revenue Intelligence, New Delhi, The Director General, DGA RM, New Delhi. Madam/Sir, Sub: Standard Operating Procedure for stepping up of Preventive Vigilance Mechanis m by the jurisdicti onal C BIC field forma tions and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections -reg. Election Comm ission of India (ECI) has highlighted that the election expenditure monito ring mechanism, wit h its two thrust area s of keeping track of the legal expendi ture incurred by the candidates and the political parties, requires coordination among the various expenditure monitoring teams and the various law enforcement agencies. ECI has also expressed con cern that smuggled go ods/c ontra bands and other illicit articles may be used to lure the voters during the election process, which would need to be checked by the law enforcement agencies including those of the Central Board of Indi rect T axes and Customs (C BIC). Another aspect that would require focused attention is the use of non - monetary inducements and cash to lure voters, which too would need to he checked by keeping strict vigil on warehouses etc. to prevent the stocking of such goods for distribution.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. . Additionally. ECI has stressed on the importance of coordinated and focused attention including proper sharing of information by the field formations of CBIC and all other agencies concer ned for ensuring smoo th an d fair electio ns. In this regard, the below A 329 mentioned SOP is to be followed by formations of CBIC to ensure conduct of free and fair elections: 2 . 1 The Principal Chief Commissioners/ Chief Commissi oners of Customs, Customs (Prev.) and Ce ntral Good s and Services Tax (CGST) Zones and the Principal Additional Director Generals (Pr. ADGs)/ Additional Director Generals (ADGs) of Zonal Units of Directorate of Revenue Intelligence (DRI) and Directorate Gen eral of Goods and Service Tax Intelligen ce (DGGSTI) should attend all the meeti ngs called by the Chief Election Commissioner or Member(s) of the ECI or on their behalf . They should be well prepared with data/ i nformation regarding the state of preparedness and various elect ion related work done by th eir officers in the Zone. 2 . 2 The Principal Director General (Pr. DG), DRI, Pr. DG, DGGSTI, Principal Chief Commissioners/ Chief Commissioners of Customs, Customs (Pre v.) and CGST Zones concerned shall suitably brie f & sensitize their of ficers about their responsibilities . They shall also forthwith and throughout the elections closely monitor the steps taken by the respective officers to implement the directions of the ECI especially in use of non - monetary inducement s (sarees, shirts, cap s, sc arves , white goods, masks, kitchen items, etc.) and cash to lure voters, apprehending smuggled/ illicit and other goods, identification of warehouses used to stock goods for distribution to lure voters, cash movement etc. and als o the dissemination of information to and from other enforcem ent agencies/ department and action taken thereon.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2.3 The Pr. DG, DRI, Pr. DG, DGGSTI, Pr. Chief Commissioner/ Chief Commissioners of Customs, Customs (Pre v.) and CGST Zones c oncerned shall be responsible for bringi ng an y matter that is highly sensitive or grave to the immediate notice of the Chairman , CBIC/ Member (CM) , CBIC/ Commissioner (Investigation -Customs) , CBIC with a copy marked to Commissioner (Investigation -GST), C BIC. 2.4 Where as th e administrative arrangement being put in place applies to the D RI, DGGSTI, Customs and CGST field formations , it is clarified upfront that it is the Pr. ADG/ ADG , DRI in the respective States/ UT's, who shall b e the point man fo r all the formations o f CBI C, i.e., DGGSTI, Customs, Customs (Pre v.) and CGST formations in that particular State. This officer shall, through the appointed Nodal Officer in his/her office, be responsible for: i. Collating the prescribed rep orts (and other re ports such as report o f a s erious/ grave nature) and sending the same on a daily basis to ECI with a copy marked to Commissioner (Investigation -Customs), CBIC at email id inv- customs @gov.in and Commissioner (Investigation -GST), CBIC at em ail id gstinv- cbic@gov.in by 9:30 AM on the following day and; ii. Coordinating the efforts with other agencies such as Income Tax, etc.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. 5 Pr. DG, DRI and Pr. DG , DGGSTI shall: i. Establish a Central Control Room at Hqrs. and a Control Room in eac h Sta te/ UT concerned. They shall also designate a Nodal officer at Hqrs. and in each 330 State/ UT concerned. The State -wise information of the Control Room(s) and Nodal officer(s) with full c ontact details would be sha red with each othe r and Pr. Chief Commis sione rs/ C hief Commissioners of Customs, Customs (Pre v.) and CGST Zones concerned. The consolidated details/ list would also be circulated directly by the Pr. DG , DRI and Pr. DG, DGGSTI to other enforcement agencies and ECI with a cop y marked to Commission er (Investigation -Customs.), CBIC and Commissioner (Investigation -GST), CBIC and; ii. Direct their intelligence units to gather information and develop intelligence to effectively prevent unfai r and unauthorized practice s that could vitia te the elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. 6 Similarly, Pr. Chief Commissioners/ Chief Commissioners of Customs, Customs (Prev.) and CGST Zones concerned shall: i. Establish a Central Control Room and designate a Nodal officer. The details of the Control Roo m list of these Nodal offic ers with full contact details woul d be shared with Pr. DG, DRI/ DGGSTI , Pr. DG, DRI will further share it with ECI with a copy to Commissioner (Investigation -Customs), CBIC and Commiss ioner (Investigation -GST), CBIC. ii. Establish sufficient numb er of Flying Squads and Static Surveillance Teams for effective conduct of road and transit checks of vehicles and verification of warehouses etc., as and when required, to curb illegal and prohibited activities; iii. In order to ensure ag ainst unauthorized div ersio n of liquor, cigarettes etc. speci al watch/ stock -taking should be kept/ carried out in the Custom Bonded Warehouses; iv. Map the declared/ registered and other warehous es in the respective States/ UT's and ensure s trict vigil is kep t on these to ensure t hat t here is no poll related untoward activities taking place or material being kept in these places; v. Where any such goods are found to be linked to the canvassing proces s or for use during election, the cost of such goods should be c ommunicated to the Pr. DG, DRI/ DGGSTI along with District El ection Officer and Returning Officer with a copy to the ECI Observers for their further necessary action. 2.7 The Central Control Room in the States/ UT's and Nodal Office rs concerned shall maintain a proper rec ord o f inc idents and activities that have a bearing on the free and fair election process and immediately inform the same to the Pr. ADG/ ADG, DRI in the respective State/ UT.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2.7 The Central Control Room in the States/ UT's and Nodal Office rs concerned shall maintain a proper rec ord o f inc idents and activities that have a bearing on the free and fair election process and immediately inform the same to the Pr. ADG/ ADG, DRI in the respective State/ UT. 2.8 The Nodal Officers of DGGSTI, Customs, Customs ( Prev.) and CGST format ions should constantly liaison with the Nodal Officer of DRI in the State, who shall, in turn, be in constant touch with the Nodal Officer of other agencies and keep abreast of poll related activities taking place in their jurisdictio n. The Nodal Officers shall meet and brief the Expenditure Observers as and when called for. 2 . 9 Wide publicity should be given to search and seizures that are related to malpractices that may be related to elections. All ou t efforts should be ma de to detect and seize illicit currency , liquor, gold , FICN, NDPS and other contraband. 331 2.10 Detections made and results achieved are to be reported daily by the Customs, Customs (Prev.) and CGST Zo nes and DGGSTI Zonal Units concer ned, to the Nodal Officer o f DRI Hqrs. in their State in the prescribed format attached as Annexure -A. As aforementioned at clause 2.4, Pr. AD G/ ADG, DRI concerned shall then furnish a consolidated report for the State to the ECI with a c opy marked to Comm issioner (Investigatio n-Customs), CBIC at email id inv-customs@gov.in and Commissioner (Investigation -GST), CBIC at email id gstinv -cbic@gov.in .Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 3. The Dire ctorate General of Analytics and Risk Ma nagem ent ( DGARM) shall carry out a special analytical study of items (sarees, shirts, caps, masks, scarves, white g oods, kitchen items, etc.) that might be associated with the candidate or political party in the poll-bound assembly or constituency and coul d be used as an inducement for votes in the said States. The study should bring out the surge patterns to and withi n these States and the movement pattern and place of storage of such goods. These reports shall be qu ickly shared with field officers who wou ld ke ep a special watch on movement/storage/supply of such goods. 4. Data analysis should be done on identified sensit ive sectors as well as groups/ organizations/ individuals known to generate/deal in unaccounted cash for suitable actio n including sharing in forma tion with Income Tax Department, w herever warranted.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 5. Pr. DG, DGGSTI and Pr. Chief Commissioners/ Chief Commiss ioners of CGST Zones concerned shall: i. Monitor movement of goods like saris, shirts, c aps, masks, scarve s, party flags that might be ass ociated with the candidates or the political party in the poll -bound assembly or constituency by conducting extensive checking of e -way bills by GST teams at nakas during elections to ensure aforementioned goods are not movi ng without a proper GST invoice or e -way bill for distributio n in the poll bound area to influence voters. Due procedure of search/inspection under Section 67 of CGST Act, 2017 may be followed while conducting checking at any suspected pr emises. ii. Ensure Stock checking of manu factu rers, wholesale distributors and retailers to identify goods that might be meant for election canvassing and for distribution to voters. a. Sudden surge in movement of goods like dhoti, saris, T -shirts, Umbrel la, pagri, etc. especially from neighbou ring states can be checked through e -way bill portal. b. Random checks of the stocks of potential warehouse and shops can be made by GST officers to ensure that no unaccounted goods are removed under cash transactions. Due procedure of s earch/inspection under Section 6 7 of CGST Act, 2017 may be followed while conducting checkin g at any suspected premises. iii. Monitor fuels consumed during the election process by candidates and parties. a. Sale monitoring of petrol pump s to vehicles used during elections for canva ssing: Petrol/Diesel being an exci sable commodity also comes unde r indirect taxation. 332 b. Distribution of coupon -based fuel for alluring prospective voters: It is potential source of alluring voters through distribu tions free petrol/ diesel during election s or on a cash basis. So random audit of fuel pumps/filling stations stocks can be done during elections. Due procedure of search/inspection under Section 67Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections taxation. 332 b. Distribution of coupon -based fuel for alluring prospective voters: It is potential source of alluring voters through distribu tions free petrol/ diesel during election s or on a cash basis. So random audit of fuel pumps/filling stations stocks can be done during elections. Due procedure of search/inspection under Section 67 of CGST Act, 2017 may be followed while conducting checkin g at any suspected premises. iv. Whereve r suc h goods mentioned at paras 5(i), 5 (ii) and 5(iii) are found to be linked to the canvassing process or for use during election, the cost of such goods should he communicated to Pr. DG, DRI/ DGGSTI along with the District Election Officer and Returning Offic er wi th a copy to the ECI Observers for their further necessary action. v. Acco unt for expenditure on food, hotels, parties, tent house etc. during the election process by the candidates and parties. a. Extensiv e Checking by GST teams of Restaurant/Ea teries, Marriage Hall/Conference Hall/F arm Houses/Gardens, Shamiana, Tent Hou se, Chair and Table providers , Slaughter House/Meat House in the poll bound area. Due procedure of search/inspection under Section 67 of CG ST Act , 2017 may be followed while condu cting chec king at any suspected premises. b. Wherever services availed are found to be linked to the canvassing process or for use during election, the cost of such good should be communicated to the District Election Officer and Returni ng Officer with copy t o the ECI Observers for their necessary action.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 6. The DRI should increase its vigil along the international border/ airports and its information gathering mechanism to check the flow of foreign currency/ gold/ narcotic s etc. that could potentially be used fo r mal pract ices during the elections. 7. Pr. Commissioner/ Commissioner of Customs in -charge of Customs Airports in the concerned States shall furnish a daily report on the declaration of foreign currency in the format given at Anne xure -B to the Nodal Officer of DR I. This report shall also be given by all other Pr. Commissioners/ Commissioners of Customs -in-charge of Customs Airports to the Nodal Officer of DRI, in the State concerned but only in respect of passengers who se place of stay i s in one of the poll h ound states. 8. Further , it is als o expec ted that all officers/ officials concerned would proactively check any misuse and mischief. The measures mentioned above must be strictly complied with without fail. Any suggestio ns for further tig htening the monitoring to effectively check any misuse may be immediately communicated to Commissioner (Investigation -Customs) , CBIC and Commissioner (Investigation -GST) and action taken regarding preparedness and any seizure effected may please be communi cated on the same day.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10 .txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 9. Hindi version will follow. Yours faithfully, Encl. As above Sd/- (Suraj Kumar Gupta) Additional Commissi oner (Inv -Cus), CBIC, New Del hi 333 Copy to: - i Principal Secretary, Election Commission of India, ii. Commissioner - Customs Policy Wing. iii. Commissioner - GST Po licy Wing. iv. Commiss ioner (Investigation -GST), v. Webma ster with a request to put also under Election matter under Dep artmental Officers. ANNEXURE -A SEIZURE DETAILS S. No. Name of State and District Constitu ency Date & time of Seizure Cash seized (in lakhs) Seizure (like Drugs, Narcotics, Gold or other Precious metals, illicit liquor/ FICN, and Other misc. items including freebies) Unaccounted storage/ stock of goods kept for inducing voters Whether items are found to have link with any political party or candidate (nam e of the Party and Pa rty affiliation) Action taken so far in respect of seized item (in brief) Item& Qty. Value (in lakhs) Item & Qty. Value (in lakhs) ANNEXURE -B CURRENCY DECLARATION DETAILS S. No. Name of the passenger Passport Number National ity Value of Foreig n Currency Likely pl ace of stay/visitCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ Annexure -G11 M-11045/7/2023 -Distribution -PNG Government of India Ministry of Petroleum & Natural Gas Shastri Bhawan, New Delhi Dated 2nd August, 2023 To, The Chairman and CMD, IOCL, BPCL, H PCL, MRPL, NRL, RBML, NEL, Shell and RSIL Subject: Curbing the abuse of sale of coupons for buying fuel at R etail Outlets during elections -reg Sirs, I am directed to refer to the subject mentioned above an d to inform that the Ministry has received a letter dated 18.07.2023 from Elect ion Commission of India (ECI) intimating that the General Election to the Legisl ative Assemblies of C hhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Telangana is to be condu cted shortly by the Commission and General Electio ns to Lok Sabha and Legislative Assemblies of some more States/UTs is due in the next year 2024 (letter enclo sed). 2. ECI vide their earlier letter dated 23.03.2023 had stated that there is a mechanism put in place by the Commission to control the abuse of money power and excessive e lection expenditure which is under reported. Further, Commission was apprised in the past of sale of coupons for buying fuel and other petroleum products etc. during currency of elections without routing through the books of ac count by the Political Party or candidates or other persons to escape the reporting of expenditure on their p art which also amounts to bribery and punishable offence under section 123 B of the R. P. Act, 19 51. These unlawful activities disturb the level playing field during elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 3. Oil Marketing Companies (OMCS) are, therefore, advised to take all the appr opriate measures to prevent and check sale of such coupons for buying fuel in the poll bound States/UTS and their neighboring States/UTS, so that i t does not vitiate the electoral process. This Ministry may also be apprised of the actions/ measures taken b y OMC s. Yours sincerely, Sd/- (A. K. Sinha) Under Secretary to the Govt. of India Tele: 23070329 335 Anne xure -G12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/SOP/ESC -ESP/ECI/EEPS/2023 Dated: 3rd August, 2023 To The Chief Electoral Officers All States/UTs Sub: Standard Ope rating Procedure (SOP) for identification of Expen diture Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs) -Reg. Madam/Sir, I am directed to forward herewit h Standard Operating Procedure (SOP) for identification of Expe nditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs ) with the request to bring it to the notice of all DEOs and ROs for necessary compliance. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary 336 Standard Ope rating Procedure for identification of Expenditure Sensitive Constituency (ESCs) and Expenditure Sensitive Pockets (ESPs): 1. The Chief Electoral Officer of the State/UT is required to identify a Constituency as Expenditure Sensitive Constituency (ESC) which is prone to high expenditure and corrupt practices, on the basis of history, profile of the constituency and past developments after having discussion with District Election Officers, State Police Department, and enforcement agencies which participate in e xpenditure monitoring process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 2. The Chief Electora l Officer of the State/UT will organis e the meeting with the State Level Nodal Officers of various enforcement agencies at least 6 months before the month of expiry of the Legislative Assembly of the State/ UT and/or Lok Sabha, to identify mapping of sensitivities on two main grounds. a. Functiona lities like main cohorts of cash, liquor, drugs, precious metals and freebies. b. Area wise sensitivities (District wise, group of district wise, AC wise)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 3. There is a checklist given below which are indicative empiric al parameters (These empirical paramet ers have been recollected from experiences in States/UT which underwent polls in past as well as it contains inputs from Technical Expert and CEOs of Group IV). This li st is only indicative and may be supplemented with specific other expenditure s ensitivit ies as deliberated by the CEO Office in consultation with Nodal Officers of enforcement agencies as mentioned in point 1. The indicative list of empirical parameters of identifying ESC is given below: i. High amount sei zure of cash, liquor, drugs/narcotics, precious metals/jewellery, freebies etc. during the last two Assembly/Lok Sabha election. 337 ii. High amount of seizure of cash, liquor, drugs/narcotics, precious metals/jewe llery, freebies, etc. in the preceding six months of announcement of election. iii. Constituency sharing State border and / or International border with neighboring State/UT and / or Country be identified as ESC based on history of seizure or other incidents du ring pa st elections. iv. Constituency having a signifi cant number of Expenditure Sensitive Pockets (ESPs). v. Information about treasury chests which show a 20% or more increase in demand for currency in the six months leading up to announcement of elections be o btained from RBI for identification of ESCs. vi. Unusually high number of online/di gital transitions from a few to many accounts, mostly of small denominations, starting witnessed by banks 6 months before probable date of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 4. After the broad sensitivities a re comp iled by CEO Office in consultation with Sta te Nodal Officers of enforcement agencies, the district wise findings will be communicated to DEOs which in turn will discuss and seek further inputs by forming a District Intelligence Committee comprising of dist rict level officers of enforcement agencies. In case of few Central Agen cies where the strength in State is very few, District Intelligence Committee may seek inputs directly from State Level Nodal Officers in place of district level officers of res pective enforcement agency. 5. The District Intellige nce Committee as mentioned above will give its inputs back to CEO office within stipulated time which is = (Poll month of corresponding previous elections minus 5 months). CEO Office will compile detailed l ists wi th observations and comments and will inform Commission within timeline of Poll month of corresponding previous election minus 4 months (Poll month minus 4 months). This list shall be 338 marked as confidential and will contain ESCs, Assembly Constituen cy wise, including nature of sensitivity and prepa redness (what to do ?) and strategies to overcome the challenge (how to do?). 6. Sticking to timelines is important as the list and observations received from CEOs four months in advance from the month of expi ry of t he Legislative Assembly of the State/UT and/or Lok Sabha is required to be perused for making adequate arrangements for quality monitoring. 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies. 8. The list of ESCs is to be furnished in the format prescribed as under: Sl. No. Name of Expenditure Sensitive Constituency (ESC) Name of District ESC as per empirical criteria Criteria’s mentioned by which agency/agencies Detailed note on nature of sensitivity of ESC 339 Standard Operating Procedure for identification of Expenditure Sensitive Pockets (ESPs): 1. The District Election Officer (DEO), Superintendent of Police (SP) in consultation with the Expenditure Observer (EO), deployed in the constituency shall identify the Expenditure Sensitive Pockets (ES Ps) in the constituency during first visit of the EO. 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused. 4. ESPs are to be kept under 24 x 7 surveillance by Flying Squads (FSs) and Static Survei llance Teams (SSTs) particularly during last three days of poll. The re shall be a mix of Central Paramilitary Force in the SSTs during this period. 340 Anne xure -G 13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/ SOP/EEM/EEPS/2023 Dated: 23rd November , 2023 To The Chief Electoral Officers of All States/UTs Subject: Standard Operating Procedure for seizure and release of cash and other items - Regarding Madam/Sir, I am directed to refer to the Commissi on`s letter no. 76/Instructions/EEPS/2015/Vol.II, dated 29th May, 2015 (copy enclosed) , forwarding therewith Standard Operating Procedure for seizure and release of cash and other items, and to draw your attention to the instructions laid in ‘Para 16 -Relea se of Cash ’ and to request you to ensure compliance of the instructions in letter and spirit during election process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 2. There are instances of keeping cash and valuables in Treasury/Malkhana without any FIR/Complaint . The Commission is concerned ab out the grievances of public and hence, it is reiterated that a s per instruction laid in ‘Para 16 -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 f ormed comprising three officers of the District, namely, (i) CEO, Zila Parishad/CDO/PD, DRDA, (ii) Nodal Officer of Ex penditure Monitoring in the District Election Office (Convenor) and (iii) District Treasury Officer . Name of such committee will be ‘Distr ict Grievance Committee’ , who shall suo -moto 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 politi cal party or any election campaign etc., as per SOP dated 29th May, 2015, it shall take immediate step to order releas e of such cash etc. to such persons from whom the cash was seized after passing speaking order to that effect. If the release of cash is m ore than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept informed before the release is effected.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11 .txt _ 3. It is to be ensure d that functioning of ‘District Grievance Committee’ should be given wide publicity, including telephone number of the Convenor of the Committee. 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. It is also to be ensured that during election process the ‘Di strict Grievance Committee’ headed by CEO, Zila 341 Parishad/CDO/PD, DRDA will meet once in 24 hours at a predeclared place and time. All the informatio n pertaining to release of cash shall be maintained by the Nodal Officer of Expenditure Monitoring in a regi ster, serially date wise with the details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. 4. In no case, the matter relating to seized cash/valuables shall be kept pending in Malkhana or Treasury for more tha n 7 (seven) days after the date of poll, unless any FIR/Complaint is filed. However, ‘District Grievance Committee’ should not delay in taking decision and keep pending any case unnecessarily upto the 7th day of date of poll. It shall be the responsibility of the Returning Officer to bring all such cases before ‘District Grievance Committee’ and to release the cash/valuables as per order of the Committee. 5. You are requested to bring it to notice of all DEOs, ROs, el ection authorities concerned inclu ding Observers, all Nodal Officers of various enforcement agencies involved in Election Expenditure Monitoring for necessary compliance . Yours faithfully, Sd/- Encl. As above (Anup Kumar Khakhlary ) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D1 .txt Details of Expenditure on Public Meetings/Rallies etc. Annexure-D1 Details of Expenditure on Public Meet ings/ Rallies etc. (To be given by the candidate/ his election agent at the time for applying for permission to hold the Public Meeting/ Rally etc.) Name of District- No. and Name of Constituency- Name of Candidate - Political Party if any- Date, time and duration of Public Meeting/Rally etc. – [Location] Venue of Public Meeting/ Rally etc. – 159 Sl. No. Item of Expenditure Proposed to be used by the Candid ate/ his Election Agent Proposed to be used by the Political Party Proposed to be used by any other Association According to the Report of the Officer In- Charge Number of Units Cost Number of Units Cost Number of Units Cost Number of Units Cost 11 Power connection charges paid/ payable to EB etc. 12 Other items 13 ………… .. Total Name and S ignature of Candidate/Election Agent/ Name and S ignature of Political Party/any other Association Officer in-charge. Date:Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. Annexure-D2 ELE CTION COMM ISSION OF INDIA NIRVAC HAN SADAN, ASHO KA ROAD, NEW DELH I-110 001 No.3 /9/(ES008)/94-J.S. I Dated: 2nd September , 1994 ORDER Subject: Restrictions on the printing on pamphlets posters etc. The printing and publication of election pamphlets, posters, etc., is governed by the provisions of Section 127A of the Representation of the People Act, 1951. The s aid Section 127A provides as follows:- “127A. REST RICTIONS ON THE PRINTING OF PAMPHLETS , POSTE RS ETC. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster:- Unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and Unless, within a reasonable time after printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document. (a) Where it is printed in the capital of the State, to the Chief Electoral Officer; and (b) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section:- (a) Any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly, and (b) “election pamphlet or poster” means any printed pamphlet, and bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or pos ter having reference to an election, but does not include any handbill, placard or poster merely announ cing theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. accordingly, and (b) “election pamphlet or poster” means any printed pamphlet, and bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or pos ter having reference to an election, but does not include any handbill, placard or poster merely announ cing the date, time, place and other particular of an election meeting or routine instructions to election agents or workers. 161 (4) Any person who contravenes any of the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.* a. The above restrictions on the printing of election pamphlets, posters, etc., have been imposed under the law with a view to establishing the identity of publishers and printers of such documents, so that if any such document contains any matter or material which is illegal, offending or objectionable like appeal on ground of religion, race, caste, community or language or character assassination of an oppon ent, etc., necessary pun itive or preventive action may be taken against the persons concerned. These restrictions also sub s erve the purpose of placing a check on the incurring of unauthorized election expenditure by political parties, candidates and their suppo rters on the printing and publication of election pamphlets, posters, etc. b. The Commission has noticed that the above provisions of law relating to printing and publication of election pamphlets, posters, etc. are being followed more in their breach than in their observance. At the time of elections, a large number of such documents are printed, published, circulated and pasted on the w alls of private and Government bu ildings in respect of which the above mentioned requirements of law have not been compliedCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. to printing and publication of election pamphlets, posters, etc. are being followed more in their breach than in their observance. At the time of elections, a large number of such documents are printed, published, circulated and pasted on the w alls of private and Government bu ildings in respect of which the above mentioned requirements of law have not been complied with. The printing p resses rarely send the printed documents to the Chief Electoral Officers or, as the case may be, the District Magistrates concerned along with the declaration ob tained from the publisher as required under Section 127 A (2). Many a time, the election pamphlets, posters, etc. do not bear on the face the names and addresses of the printer and/or publisher thereof in violation of Section 127A (1). c. It is further complained to the Commission that no timely action is taken against the offenders with the result that offending material is freely published and circulated with impunity. In this connection, attention is drawn to the following obs ervations made by the Supreme Court in Rahim KhanVs. Khursh ed Ahmed and others (*AIR 1975 SC290): “Even at this stage we may notice that the handbill in question do es not contain the name of the printer and publisher although the election law so requires. Unfortunately, when such printed material is circulated, there is no agency of the law which takes prompt action after due investigation, with the result that no pr inter or candidate or propagand ist during elections bothers 162 about the law and he is able successfully to spread scandal without a trace of source, knowing that no thing will happ en until long after the election, when in a burd en some litigation this question is raised. Timely enforcement is as impor tant as rule of law as the ma king of legislation.”Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. In order that in future there is strict observance of, and compliance with, the requirements of the above mentioned provisions of law on the subject, the Commission, in exercise of its powers under Article 324 of the Constitution and all other powers enabling it in this behalf, and in supp ression of all its previous instructions on the subject, hereby directs as follows:- 5. (1) As soon as any election from a Parliamentary, Assembly or Council Constituency is announ ced by the Election Commission, the District Magistrates shall, within three days of su ch announcement of election, write to all printing presses in their districts. (a) Pointing out to them the requirements of above mentioned Section 127A and sp ecifically instructing them to indicate clearly in the print line the names and addresses of printer and publisher of any election pamphlets or posters such other material printed by them: (b) Asking the printing presses to send the copies of the printed material (along w ith three extra copies of each such printed material) and the declaration ob tained from the publisher as required under Section 127A (2) within three days of its printing: (c) Impressing on them in clear terms that any violation of the provisions of Section127A and the above directions of the Commission would be very seriously viewed and stern action, which may in appropriate cases include even the revocation of the license of the printing press under the relevant laws of the State, would be taken. 5. (2) The Chief Electoral Officers shall do likewise in respect of the printing presses located at the State capitals.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. (2) The Chief Electoral Officers shall do likewise in respect of the printing presses located at the State capitals. 5. (3) Before undertaking the printing of any election pamphlets or posters, etc., printer shall obtain from the publisher a declaration in terms of Section 127A (2) in the proforma prescribed by the Commission in Appendix A hereto. This declaration shall be duly signed by the publisher and attested by two persons to whom the publisher is personally known. It shou ld also be authenticated by the printer when it is forwarded to the Chief Electoral Officer or the District Magistrate, as the case may be. 163 5. (4) As directed above, the printer shall furnish four (4) copies of the printed material, along with the declaration of the publisher, within three (3) days of the printing thereof. Along with such printed material and the declaration, the printer shall also furnish the information regarding number of copies of document printed and the price charged for such printing job, in the proforma prescribed by the Commission in Appendix-B hereto. Such information shall be furnished by the p rinter, not collectively but separately, in respect of each election pamphlets, pos ters, etc., printed by him within three (3) days of the printing of each such document.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. (5) As soon as a District Magistrate receives any election pamphlets or posters, etc., from a printing press, he shall examine whether the publisher and printer have complied with the requirements of law and the above directions of the Commission. He shall also cause one copy thereof to be exhibited at some consp icuous p lace in his office so that all political parties, candidates and other interested persons may be able to check whether the requirements of law have been duly complied with in relation to such document and which would also enable them to bring to the notice of the authorities concerned the cases of other election pamphlets, posters, etc., in respect of which the above requirements of law have been violated. 5. (6) The Chief Electoral Officers shall also likewise take further follow up action as mentioned in sub-Para (5) above in respect of the pamphlets, pos ters, etc., received by them. 5. (7) The Chief Electoral Officers and District Magistrates shall initiate prompt action for investigation forth with if any case of publication of election pamphlets, pos ters etc. in violation of the above mentioned provisions of said section 127A and/or the Commission’s above directions either comes, or is brought to their notice. In all such cases prosecutions shou ld be launched against the offenders most expeditiously and these cases shou ld be pursued vigorously in the courts concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 6. The Commission hereby cautions all political parties, candidates and others concerned that any violation of the law and the Commission’s directions on the above subject will be viewed with utmost concern and the most stringent action poss ible will be taken against the offenders. 164 7. If any officer who is respons ible the enforcement of the above provisions of law and the directions of the Commission is found to have failed in the due discharge of his duties in this regard, he will be liable to severe disciplinary action apart from any penal action that may be called for against him for breach of his official duty. BY ORDER AND IN THE NAME OFELECTION COMMISSION OF INDIA Sd/- (S.K. MENDIRATTA) SECRETARY TO, 1. The Chief Secretaries of Government of all States and Union Territories.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 1. The Chief Secretaries of Government of all States and Union Territories. 2. The Chief Electoral Officers of All States and Union Territories. 165 APPENDIX – A Performa for declaration to be submitted by the Publisher of Election Posters, Pamphlets, etc. (See Section 127-A of the Representation of the People Act, 1951) I,..................................... .........................................son /daughter/wife of................................... (Name) resident of............................................................... (village/town)………………… (District) .............. ......... .................................................. (State), hereby declare that I as the publisher of …………………………………………………… (give brief particulars of election poster, pamphlet, etc.) Being printed by ............ .................................. ....................................................………..... (Name of the printing press) Place .............................. ...... (Signature of Publishers) Date ............................... ...... Full Address................... ...... Attested by (person personally known to publisher) Signature (name and address) Countersigned by Signature (Name and address of Printer) 166 APPENDIX – B PROFORMA FOR SUBMISSION OF INFORMATION REGARD ING PRINTING OF ELECT ION POSTER S, PAMPHLET S, ETC . 1. Name and address of printer………………… ………………………………. 2. Name and Address of pub lisher…………………………………………….... ………………………………………………………..…………………………. 3. Date of Printing order of the Publisher………………………………………. 4. Date of declaration of the publisher………………………………………….. 5. Brief Particulars of election poster, pamphlet, etc…………………………… ………………………………………………………………………………… 6. Number of copies of the above document printed………………………….... …………………………………………………………………………….……..Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2 .txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 3. Date of Printing order of the Publisher………………………………………. 4. Date of declaration of the publisher………………………………………….. 5. Brief Particulars of election poster, pamphlet, etc…………………………… ………………………………………………………………………………… 6. Number of copies of the above document printed………………………….... …………………………………………………………………………….…….. 7. Date of printing………………………………………………………………. 8. Printing charges (including cost of paper) being charged from the publisher in respect of the above document……………………………………………….………………….. ……………………………………………………………………………… ………….. Place.............................. ...... (Signature of Printer) Date...................... ......... ...... Seal of the printerCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3 .txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. Annexure-D3 Election Commissio n’s letter No. 76/2004 /J.S.II, dated 10.04.20 04 addressed to the Chief Electoral Officers of-All the States and Union Territories. Subject: - Expenditure to be incurred on barricades and rostrums etc. 1. I am directed to refer to Commission's letter No. 437/6/OR/95/MCS/1158 dated 29th March. 1996 read with Commission's orders No. 437/6/ES/0025/94/MCS dated 21st October, 1994 (reproduced as item No. 133 in the Compendium of Instructions 2004) wherein it has been laid down that expenditure incurred on security arrangements like barricading/rostrums etc. in connec tion with the campaigning by any political leader or cand idate shall be borne by the concerne d political party. The Commission has received queries to the effec t-whether the expenditure on construction of rostrums/barricades will be charged to the political party or to the account of the individual candidate or a g roup of candidates belonging to the political party who are present on the occasion of a meeting where "leaders" of the po litical party participate. 2. The guiding principles to distinguish between the expenditure incurred by the political party and the expenditure incurred by the candidates were enunciated by the Supreme Court in Kanwar Lai Gupta v Amar Nath Chawla(AIR 1975 SC 308) wherein the Apex Court had observed: "when the political party sponsor ing a candidate incurs expenditure in connection with his election as distinguished from expenditure on general party propaganda, and the candidate knowingly takes advantage of it and participates in the programme or activity and fails to disavow the expenditure or consents to it or acquiesces in it, it would be reasonable to infer, say in special circumstances, that he authorised the political party to incur su ch expenditure and he cannot escape the rigors of the ceiling by saying that he has not incurred the expense, but his political party has done so."Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3 .txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 3. With the amendment to Section 77 of the Representation of People Act, 1951 only the expenses on account of travel of leaders of the political parties, covered under explanation 2 below Section 77, will be exempted from being included in the accoun t of election expen ses of the candidate. All other expenses-incurred/authorized by the political parties, other associations, body of persons/individuals-are required to be included in the account for the candidate.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3 .txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 4. The Commission has considered the matter carefully and keeping in view the provisions of law has directed as follows:- i. The expenses on construction of barricades/rostrums etc. when done initially by the government agencies on account of security considerations on behalf of the party/organizers are to be booked as expenditure of a candidate in whose constituency the said meeting takes place or to a group of candidates who 168 are present at the time when the leader of a political party addresses such a meeting. In cases where there are more than one candidate of the political party present at the time of the said meeting of the "leader", the expenditure will be appor tioned equally amongst all, and the District Election Officer of the district where such a meeting takes place shall obtain the final costs from the concerned government agencies within three days of the event and intimate to the candidates their respective share of expenditu re. This information will also be intimated to the Returning O fficer/District Election Officer of the Constituency/ District to which the other candidates belong, ii. Where such construction of rostrums/barricades are done on account of security consid erations by the candidate(s) or the political party or the organizers from their own funds, amount will be reflected in the accounts of the concerned candidate or a group of candidates present in the meeting of the "leader". These accounts will be duly verified by the Election Observer or the Designated Officer appointed for scrutiny of the accounts. 5. The Commissi on has further directed that in all cases where the construction of barricades/rostrums are being done by government agencies the candidate/political party /organizer will deposit the estimated cost of barricades/rostrum in advance.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3 .txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 5. The Commissi on has further directed that in all cases where the construction of barricades/rostrums are being done by government agencies the candidate/political party /organizer will deposit the estimated cost of barricades/rostrum in advance. 6. For expenditure already incurred on such items between the date of notification issued for the first and second phases of the current general elections, the concerned DEO s shall immediately take action as per para 4 above and inform all candidates concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4 .txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates Annexure-D4 Election Commission ’s letter No. 576/3/2005/J.S.II, dated 29.12.2005 addressed to all Recognized National and State Political Parties Subject: Election Campaign by political parties and candidates - election expenditure of candidates - regarding. 1. I am directed to invite your attention to the provisions of sub-section (1) of Section 77 of the Representation of the People Act, 1951 , relating to account of election expenses. As per Explanation 1(a) under the said sub-section, the expenditure incurred by leaders of political parties on account of travel by air or any other means of transport for propagating programme of the political party is not deemed to be expenditure incurred or authorized by the candidate or his agent, for the purpose of the said Section. It is to be noted here that the benefit provided under the said Explanation 1(a) will be available if and only if the names of the leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) are communicated to the Commission and to the Chief Electoral Officer of the State concerned within a period of 7 days from the date of notification for the election as required under Explanation 2 under sub- section (1). 2. The above mentioned provisions have been brought to the notice of the political parties in the past. The political parties are again advised to take note of the provisions of Section 77(1) explained above. In the event any political party fails to comply with the requirements of Explanation 2 mentioned above, the benefit provided under the Explanation 1 will not be available to the party, and the travel expenses of all leaders in the case of such parties will necessarily be required to be included in the account of election expenses of the candidates concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4 .txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 3. Your attention is also invited to the instructions contained in the Commission's letter No.437 /6/97/PLN-III, dated 18.3.1997 (copy enclosed). As per the instructions in the said letter, details of all vehicles being used by a candidate for his election campaign are required to be lodged with the District Election Officer concerned. In this context, it may be noted that two-wheelers like motorbikes, scooters, mopeds, etc. are also covered under the instructions in the said letter, and details in respect of su ch vehicles are also required to be furnished to the District Election Officer. 4. Where political parties or candidates use aircraft/helicopter for election campaign, prior information shou ld be given to the Chief Electoral Officers of the State concerned. While giving such information, the number of aircrafts/helicopters being used and the name of the Company from which the aircraft/helicopter is being h ired, shou ld clearly indicated. 170 Further, within three days of any aircraft/helicopter being used for election campaign, full details regarding areas covered, number of so rties involved and manifest of passengers along with the hire charges paid/payable shou ld be furnished to the Chief Electoral Officer. 5. Kindly acknow ledge receipt of this letter. Election Commission's letter NO. 437/6/97-PLN-III Dated 18th March 1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies - Instructions on misuse of vehicles during election period – RegardingCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4 .txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 5. Kindly acknow ledge receipt of this letter. Election Commission's letter NO. 437/6/97-PLN-III Dated 18th March 1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies - Instructions on misuse of vehicles during election period – Regarding 1. The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during the election period. In the interest of preserving the purity of election proce ss and render ing the same reflective of true choice of the peop le, the Commission has now directed that the following instructions shal1 be strictly followed at all the General and Bye-elections to the Lok Sabha and Assembly constituencies. These instructions are issued under article 324 of the Constitution and all other powers enabling the Commission in this behalf. 2. Cars/vehicles being used for electioneering purposes, shall, under no circumstances, be allowed to move in convoys of more than three vehicles from the date of notification till the completion of election process in any constit uency. All bigger convoys shall be broken up, even if they are carrying any minister of Central or State Go vt. This shall, however, be su bject to any security instructions issued in respect of any such individual. In other words the convoy shall not in any case exceed three vehicle of any person plus the security vehicles allowed in view of the security gradation of that particular person. 3. From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4 .txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 3. From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused. 4. If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are not allowed to be used by flouting the Commission's directions till the process of election is completed. 5. The contesting candidates be asked to get the details of all the vehicles that they are using in the election campaign lodged with the District Election Officer or such other officer(s) as may be specifically authorized by the District Election Officer in this behalf before the campaigning commences. Any further deployment of any addition al vehicles can take place only after notice to this effect is given by the candidates or his agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that are being deployed for election campaign the details of the areas tehsil(s) in which the vehicle would operate, should also be conveyed. 171 6. The details so obtained should be conveyed by District Election Officer to the Election Expenditure Observers. 7. The vehicles employed for election campaign as per intimation given by the candidates or their election agents to the District Administration should not be requisitioned by the administration.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4 .txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 6. The details so obtained should be conveyed by District Election Officer to the Election Expenditure Observers. 7. The vehicles employed for election campaign as per intimation given by the candidates or their election agents to the District Administration should not be requisitioned by the administration. 8. Any vehicle that has not been registered for campaigning w ith the district administration if found being used for campaigning, shall be deemed to be unau thorised campaigning for the cand idate and may attract penal provision s of Chapter IX A of the Indian Penal Code and shall therefore be immediately taken out of the campaigning exercise. The receipt of this letter may please be acknow ledged.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D5 .txt Commission’s letter No. 437/6/1/2008 -CC & BE, dated 24th October, 2008 regarding election expenditure on travel by Lead Campaigners -Use of helicopter for election campaign, etc. Annexure-D5 Election Commission’s letter No. 437/6/1/2008 -CC & BE Dated: 24th October, 2008 addressed to The Cabinet Secretary Government of India, the Chief Secretaries and the Chief Electoral Officers of all States and Union Territories. Subject: Election Expenditure on travel by Lead Campaigners - Use of helicopter for election campaign, etc. 1. I am directed to state that according to sub-section (1) of section 77 of the Representation of the People Act, 1951 it is provided that “Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive”. Under sub-section (2) it is provided that the account shall contain such particulars as may be p rescribed, and under sub-section (3), it is laid down that the total of the said expenditure shall not exceed such amount as may be prescribed. 2. Explanation (1) to section 77(1) provides that the expenditure by leaders of a political party (usually referred to by us as star campaigners) on account of their travel by air or any other means of transpo rt for propagating programme of a political party shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate of that political party.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D5 .txt Commission’s letter No. 437/6/1/2008 -CC & BE, dated 24th October, 2008 regarding election expenditure on travel by Lead Campaigners -Use of helicopter for election campaign, etc. 3. The provisions of section 77(1) and Explanation (1) there-under have to be so harmoniously read that they do not nullify the main object underlying the provisions of section 77(1). Section 77(1) clearly stipulates that a candidate has to account for all his election expense, incurred or authorized by him or by his election agent. Explanation (1) is in the nature of an exemption from account of such expenditure which is incurred by the leaders of the political party in connection w ith the candidate’s election, so that election campaign may be carried out in his constituency by leaders of his political party and any expenditure incurred on their travel by or any other means of transpo rt may not form part of the candidate’s overall expenditure. It therefore follows that a candidate who has been declared as leader by a Political Party for the purposes of Explanation to Section 77(1), cannot be considered to be a leader of his political party in his own constituency within the meaning of Explanation (1) to section 77(1), whatever may be his standing in relation to other candidates of his party in the other constituencies. In his own constituency(ies), he is a candidate first. Thus, whatever expenditure he incurs on his own travel within his constituency(ies), on his travel whether by helicopter/aircraft or by any other means of transport, the same has to be accounted for within his overall limit of maximum expenditure prescribed for his constituency. When he goes out of his constituency to the other constituency as a star campaigner, the expenditure on his travel from his constituency to the other constituency would 173 fall within the exempted category, and so also his travel expenditure from the other constituency to his own constituency wh en he comes back for his own campaign wou ld be so exempted. But once he reaches his constituency and travels within the said constituency,Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D5 .txt Commission’s letter No. 437/6/1/2008 -CC & BE, dated 24th October, 2008 regarding election expenditure on travel by Lead Campaigners -Use of helicopter for election campaign, etc. from his constituency to the other constituency would 173 fall within the exempted category, and so also his travel expenditure from the other constituency to his own constituency wh en he comes back for his own campaign wou ld be so exempted. But once he reaches his constituency and travels within the said constituency, his expenditure on such travel within his constituency wou ld be liable to be accounted for by him. Any other interpretation of the above mentioned provisions would defeat the very object underlying section 77(1). This would be more evidently glaring in the case of bye- elections wh ere a political party may include the name of its candidate as a star campaigner and that would give him a license to travel within his constituency by adopting any means of communication and without accounting for the same. Copy to: All recognized National & State Political parties.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6 .txt _ Annexure -D6 ELECTION COMMISSION OF IN DIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.464/INST/2011/EPS Dated: 28th March 2011 To The Chief Electoral Officers of 1. Assam, Dispur 2. West Bengal, Kolkata 3. Kerala, Thiruvananthapuram 4. Tamil Nadu, ChennaiCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6 .txt _ 5. Puducherry, Puducherry Subject: General Election to Legis lative Assembly, 2011 -Vehicle permit for district office bearers of recognized political party regarding. Sir, With reference to the subject ci ted and in partial modification of the Commission’s instruction of even no. dated 23rd March, 2011, I a m directed to state that the Commission has reviewed the matter and has now decided that if any political party applies for permission for vehicles to be used by their district level office bearers/ leaders(other than the star campaigner) for their visit t o multiple ACs within the district for electioneering purposes, necessary permission should be given by the DEO of the district concerned. In such cases, the permit shall be in the name of the person while also mentioning the registration no. of the vehicl e. The expenditure on this vehicle shall be incurred by the political party and not by the candidates. This permit should not be used for travel in other districts. I am to further state that the Commission has directed that for a particular district only one permit may be issued for a recognized party whether national or state. It is further stated that the permit should be issued indicating t he name of the political leader, the No. of vehicle and also the period for which issued. The permit ma y be issued on a paper of a colour different from those used for issuing permits to candidates and star campaigners, so that it can be easily recognized. An attested copy of the permit shall be prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/-Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6 .txt _ prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/- (SUMIT MUKHERJEE) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D7 .txt Commission’s letter No.76/Instructions/2011/E EM, dated 7th April, 2011 regarding instruction on payment by cash by candidate Annexure-D7 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110001 No.76/Instructions/2011/EEM Dated: 7th April, 2011 To The Chief Electoral Officers of Assam, Kerala, Tamil Nadu, Puduc herry & West Bengal Subject: Instruction on Election Ex penditure Monitoring – Expense related to candidate – payment by cash - reg. Sir, With respect to instruction of even number dated 7th February, 2011 political parties have asked for further clarification. Election Commission has examined the issues and I am directed to clarify the following: 1. It is mentioned in the Commission’s instructions No. 76/Instructions/2011/EEM dated 07 -02-2011 that the cand idates shall incur all election expenses by acco unt payee chequ es from Bank account opened for election purpose, exce pting minor expenses where it is not possible to issue chequ e. Some political parties have asked for clarification, specifying the limits of such cash expenditure. It is hereby clarified that if the amount payable by cand idate(s) to any person/entity for any item of expend iture does not exceed Rs.20,00 0/- * during the entire process of election, then such expe nditure can be incurred by cash, by withdrawing it from the bank a/c opened for the purpose of election. All other payments are to be made by account payee cheque from the said bank account.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D7 .txt Commission’s letter No.76/Instructions/2011/E EM, dated 7th April, 2011 regarding instruction on payment by cash by candidate 2. As per Section 77 of RP Act, 1951, every cand idate shall keep separate and correct accou nt of all expen diture from the date on which he has been nominated and the date of declaration of result (both dates inclusive). It is hereby clarified that all candidates, while maintaining their register of accounts of election expen diture, shall account for all expen diture incurred on the day of filing of nomination (i.e. from day) and also those incurred prior to the date of nomination like expenditure on campaign materials etc. which are used during the post nomination period. All expenses relating to the rally or procession organised while filing no mination shall be included in the a ccounts of the cand idates. 3. When members of public attend a public rally/procession/public meeting of candidate(s) by u sing their own pe rsonal vehicle, without receiving any pay ment or reimbursement from an ybody, it shall not be included in the expenditure of the candidate. However, the personal vehicles used in the rally or public meeting for campaign purpose by putting flags or banners or poster for the benefit of any c andidate(s) shall be included in the expen ses of the candidate(s). If the commercial vehicles bearing co mmercial registration 176 number are used for rally or public meeting of any cand idate(s) the expenditure on such vehicles shall be included in the account of the candidate(s). 4. One personal vehicle owned and used by the candidate(s) for campaign purpose shall be treated as ca mpaign vehicle and notional expenditure on fuel and driver salary as per the market rate shall be included in the accounts of the candidate(s). In case other vehicles, owned by the cand idate(s) are used for campaign purpose, then the notional expenses as per the notified rate for hiring of such vehicles shall be calculated by the candidate(s).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D7 .txt Commission’s letter No.76/Instructions/2011/E EM, dated 7th April, 2011 regarding instruction on payment by cash by candidate 5. The use of flags, caps, mufflers with party symbol has been clarified in Question No. 72 of FAQ on Model Code of Conduc t. The expe nse on such items of flags, mufflers or caps with party symbol shall be accoun ted for by the party conce rned as its election expen se. If they bear the name(s) or photo(s) of candidate(s), it shall be added to the accounts of the candidate. However, supply and distribution of main appa rels like saree, shirt, T- shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters. 6. ECI instruction No. 464/INST/2011/EPS dated 28-03-2011has clarified that the expe nse on the vehicle of the district level party office bearers/leaders (other than star campaigners) for the purpose of their visit to multiple ACs within the d istrict for electioneering shall not be included in the accounts of candidate(s). It is further clarified that if the district functionary himself is a candidate, contesting from the same district and such vehicle is used for his movement in the constituency from where he is contesting, or such vehicle is used for campaign for any particular candidate(s), then the hiring charges of the vehicle shall be included in the acco unts of the candidate(s) using the vehicle for campaign purpose. 7. You are requested to bring it to the notice of all concerned. Yours faithfully, Sd/- (Avinash Kumar) Under Secretary Copy to: 1. All National Political Parties 2. All political parties of the States of Assam, West Bengal, Tamil Nadu, Kerala and Puduch erry. Sd/- (Avinash Kumar) Under Secretary *Note: - Please refer Annexure - E11 and E12 .Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D8 .txt _ Annexure -D8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110001 No.464 /AP- HP & AP-LA/BE/2011 /EEM Dated: 3rd June 2011 To The Chief Electoral Officer of All States and UT Subject: Clarification regarding lodging expen ses being incurred by the ca mpaigners of the contesting candidates. Sir, I am directed to invite reference to the provisions of Section77 of the Representation of the People Act, 195 1. As per Explanation 1(a) read with Exp lanation 2 under sub-section (1) of the said Section, the expen diture incurred by leaders of the political party, who are star campaigners, on account of travel for propagating programme of the party shall not be deemed to be the expenditure of the candidate in conne ction with the election. The expen diture related to booking of hotels and lodges rooms in the constituency by or for the Star campaigners is not exempted un der Section77 of R. P. Act, 1951. 2. I am further directed to inform that all expen diture including lodging/boarding expen ses of star campaigners in the con stituency where they c ampaign for any cand idate shall be included in the expe nditure accou nt 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 expen diture while remaining in a commercial hotel or lodge for the purpose of election campaign of the cand idate irrespective of the fact whether the payment is made by such cand idate or not.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D8 .txt _ 3. The market value of such commercial boarding and lodging is to be calculated towards the election ex penditure of the candidate, even if the boarding and lodging is provided as complimentary. It is further clarified that if the star campaigner while availing the boa rding and lodging in one constituency, travels to another constituency to campaign for other candidates, then the lodging and boarding expense will be proportionately distributed as the expense of those candidates. 4. A notice may be issued immediately in all such ca ses and it should be processed accordingly. 5. This disposes of Chief Electoral Officer, Andhra Pradesh, letter no. 1760 /Elecs.D/2011 - 7, da ted 30.04 .2011. Yours faithfully, Sd/- (AVINASH KUMAR) UND ER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D9 .txt Commission’s letter No. 76/Instruction/2011/EEM, dated 5th December, 2011 regarding expenses incurred on community kitchen (langar, bhoj, etc.), inclusion in the account of election expenses of candidates Annexure-D9 ELE CTION COMM ISSION OF INDIA NIRVAC HAN SADAN, ASHO KA ROAD, NEW DELH I – 110001 File No. 76/Instruction /2011/EEM Dated: 5th December , 2011 To The Chief Electoral Officers of Punjab, Manipur, Goa, Uttarakhand, Uttar Pradesh Subject: Expenses incurred on community kitchen (langar, bhoj, etc.) - inclusion in the account of election expenses of candidates- regarding Sir, I am directed to refer to Commission’s instruction of even number dated 07-10-2011, regarding the expenditure incurred on community kitchen (langar, bho j, etc.) and inclusion thereof in the account of election expenses of the candidates.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D9 .txt Commission’s letter No. 76/Instruction/2011/EEM, dated 5th December, 2011 regarding expenses incurred on community kitchen (langar, bhoj, etc.), inclusion in the account of election expenses of candidates 2. In the context of the above instruction, a doubt has been raised with regard to participation of candidates in the community kitchens (langar, bhoj, etc.) organised by regional communities in their religious institutions as a matter of customary practice and the bhoj/feast, etc. offered as a matter of social practice following a ritual ceremony, like, marriage, death, etc. The instruction of the Commission und er reference clearly states that the expenditure on the community functions will be treated as the election expenses of a candidate and added to his account “if any contesting candidates attends some community kitchen ( in whatever name has been called ) either organised by him or by any other person to entertain the electors”. It is hereby again clarified that the above instruction does not apply to community kitchens/langars, etc. organised by religious communities within their religious institutions as a customary practice or the bhoj/feast, etc. offered by any person (other than the candidate) in the normal course to celebrate any ceremony like, marriage, death, etc., and the expenses incurred on such community kitchen/ langar/ bho j/feast, etc. shall not be included in the election expenses of the candidate, provided that the candidate participates therein in the normal course as a normal visitor. It shall be further ensured that the candidate does not make any financial contribution for arranging such community kitchen, etc. and no political campaign in any manner is undertaken at such community kitchen, etc. 3. Receipt of this letter may kindly be acknow ledged. Yours faithfully, Sd/- (S. K. Rudola) SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D10 .txt Commission’s letter No.76/Instructions/2012/EEPS, dated 20th January, 2012 regarding election expenditure of the party leaders (Star campaigners) covered under Explanation (2) of section 77(1) of the R. P. Act, 1951 Annexure-D10 ELE CTION COMM ISSION OF INDIA NIRVAC HAN SADAN, ASHO KA ROAD NEW DELH I-110001 No.76 /Instructions/2012 /EEPS Dated: 20th January, 2012 To The Chief Electoral Officer, Punjab,Uttar Pradesh, Uttarakhand,Manipur & Goa Sub: Clarification regarding election expenditure of the party leaders (Star campaigners) covered under Explanation (2) of section 77(1) of the R. P. Act, 1951-Matter Regarding Sir/ Madam, Representations have been received from political parties on Star campaigners covered under Explanation (2) of section 77 (1) of the R. P. Act, 1951. The Commission after considering the representations, issues hereby the following clarifications: 1. Expenditure on Advertisement in Print/Electronic Media If the advertisement for general party propaganda with photo or appeal of the leader, mentioned above, is made in print and electronic media, without any reference to any candidate, then expenditure on such general advertisement shall be booked to the account of the political party. If such leader happens to be a candidate in any constituency, the expenditure on such general party propaganda, even if it contains his photo, in print and electronic media, shall not be book ed to the account of such leader, as it is in the nature of general party propaganda, without any reference to his constituency. 2. Expenditure on posters, banners, flags, stickers, etc., If the posters, banners, flags, stickers, etc., with photo or appeal of the leaders mentioned above, without any reference to any particular candidate are used during the elections, the expenditure shall be book ed to the account of the political party. If how ever, the leader happens to be a candidate in any constituency, then the proportionate expenditure on such items, actually used in his constituency, shall be accounted for in his election expenses. 180Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D10 .txt Commission’s letter No.76/Instructions/2012/EEPS, dated 20th January, 2012 regarding election expenditure of the party leaders (Star campaigners) covered under Explanation (2) of section 77(1) of the R. P. Act, 1951 3. Travel Expenses The Commission h as modified its instruction No. 76/2009 /SDR d ated 20th August, 2009 and relevant Para 5.6.3 of the Commission’s Instruction on Expenditure Mon itoring, and it is hereby clarified that if any attendant including security guard, medical attendant, or any other person including or any member of the party, who is not a candidate in the constituency concerned, travels with the leader (star campaigner) of the political party, referred to above, in his vehicle/aircraft/ helicopter etc., the travel expenses of such leader shall be wholly booked to the account of the political party. It is further clarified that it shall not result in book ing any part of the travel expenditure of the political leader to the account of the candidate, if such persons sharing the transpo rt with the leader (Star Campaigner) , do not play any role in election campaign for the candidate. However, if any candidate/candidates share the transpo rt with such leader, then 50% of the travel expenditure shall be apportioned to the candidate/candidates. Yours faithfully, Sd/- (SUMIT MUKHERJEE) SECRETARY Copy to CEOs of all other States and UTs. 181Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D11 .txt _ Annexure -D11 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No. 76/Instructions/2012 /EEPS/Vol.I Dated: 9th February, 2012 To The Chief Electoral Officer of all the States/UTs Sub:- General Elections to Legislative Assemblies of Uttar Pradesh, Punjab, Uttarakhand, Manipur and Goa-2012- Clarification on use of Video Vans during election by contesting candidates and political parties-Reg. Sir/Madam, I am directed to refer to Commission’s letter no. 437/6/INST/2008 -CC&B E dated 31st October, 2008 (copy enclosed) regarding use of video van etc. by political parties and candidates during election and to state that clarification has been sought regarding accounting of expenditure on this sorts by the political parties or candidates. In the subject matter it is clarified as under:- (i) If the Video Van is for political party used during election process for general party propaganda w ithout mentioning the name of any candidate or photo of candidate of any constituency, then it shall be book ed to party account, which shall be reported within 75 days by the party after completion of election in case of Assembly election or within 90 days in case of Lok Sabha election. (ii) If the name(s) or photo(s) of candidate(s) are displayed or any posters/banners of the candidate(s) are displayed thereon and the van is used in his constituency, then the expenditure has to be accounted for by such candidate(s). Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY 182Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D12 .txt _ Annexure -D12 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 61/Complaints /AP-LS/2012/EEPS Dated:19th July, 2012 To The Chief Electoral Officers of All States/UTs Subject: Collection of information from banks regarding suspicious transactions during electioneering under Article -324 of the Constitution - regarding Sir, With refere nce to the suggestions of Indian Banks’ Asso ciation vide letter no. LEGAL/5946, dated 6th June, 2012 (copy enclosed), I am directed to state that in order to maintain purity of election process, the District Election O fficers (DEOs) sh all call for the following information from the Banks regarding susp icious cash transactions made through the banks during the election process: (i) Unusu al and suspicious cash withdrawal or deposit of cash in a bank account exceeding Rs. 1 lakh during the process of election, without any such instance of deposit or withdrawal during the last two months. (ii) Unusu al transfer of amount by RTGS from one bank account to the accounts of s everal persons in a district/constituency during the election process without any precedent of such transfer. (iii) Any deposit of cash or withdrawal of cash exceeding Rs. 1 lakh from bank account of candidates or spouse or his dependants, as mentioned in the affidavit filed by candidates which is available in CEO’s website. (iv) Any withdrawal of cash and deposit of cash exceeding Rs. 1 lakh in the account of the political party during the election process. (v) Any other suspicious cash transactions, which might be used for bribing the electors.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D12 .txt _ 2. The above information shall be processed by the DEOs and wherever it is suspected that the cash may be used for bribing of electors, then Flying Squad may be asked to take 183 necessary action, after due verification. How ever, if the amount of cash deposit or withdrawal is more than Rs.10 lakh, then such information shall be passed on to the Nodal Officer of the Income Tax Department, for taking necessary action under the Income Tax laws. Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to: Shri K Ramakrishnan, Chief Executive, Indian Banks Asso ciation World Trade Centre Complex, Centre 1, 6th Floor, Cuffee Parade, Mumbai-400005, with request to inform all banks for compliance during election process. Sd/- (AVINASH KUMA R) UNDER SECRETA RY 184Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ Annexure - D13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No.76/Instructions/EEPS/2013/Vol. VIII Dated: 14th November, 2013 To 1. The Chief Electoral Officer Madhya Pradesh Bhopal 2. The Chief Electoral Officer Rajasthan Jaipur Subject: Prevention of Storage and Illegal Distribution of Liquor during elections - Instructions to DEOs for Daily Report of liquor Sale - matter reg. Sir, I am directed to draw your attention to the instructions of the Election Commissi on of India regarding Production, Storage and Distribution of Liquor during Election (ECI Compendium of Instructions on Election Expenditure Monitoring, July 2013 section 5.10.6, page 28). I am further directed to inform that preventing illegal liquor dist ribution during the election is one of the very important responsibilities of the Collector & District Election Officer and the Superintendent of Police. Observers of the Election Commission are also expected to monitor such activities. 2. In this regard d etailed instructions have been issued from time to time and list of IMFL shops are be made available to the DEOs where there had been suspicious increase in sale of IMFL. The DEOs are also aware that all the excise units of the districts, namely - Distiller ies, Bottling Units, Liquor Warehouses have been brought under continuous surveillance of the officials concerned. In important units, officers and armed forces are to be posted round -the- clock. Moreover, almost in all districts, available officials are to be given the special responsibility of monitoring liquor flow during the elections. Some of the officials will have to be deployed on the border check p ost to prevent cross -border liquor movement during the elections.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ 3. Though, these steps have resulted in significant tightening of excise machinery in the State, yet the situation needs further improvement at district level. The retail outlets of liquor are 185 turning out to be highly vulnerable from liquor distribution point of view. All District Collectors and Superintendent of Police need to work on this in a more focused and systematic way. 4. The Commission has been receiving following complaints: A. St orage of cheaper brands of IMFL and country liquor in local slums, shanty towns and remote rural pocket s for distribution prior to election. This storage is happening with help from the retail shops which are selling liquor in bulk to individuals, in contravention of State Excise Act and General and Special License Conditions. B. Stock registers are not bei ng maintained in some of the shops. It has been reported that some shops, even though maintain the stock register, they do not maintain brand -wise stock register. This creates serious problems in monitoring the daily sales and makes physical stock verifica tion of the shops almost impossible. C. Coupons are being issued by the candidates, which are convertible into liquor bottles at the shops. This is violation of conditions of State Excise Act/Rules, which prohibits sales in any form other than cash.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ 5. In view of the above, I am directed to request for compliance the following instructions: - I. Daily Monitoring of liquor sales: - Each district has, on an average 25 liquor retail shops. The district Collectors must ensure to get daily report of the shops w here there has been significant increase in the sales. A good way of doing that will be to take the average daily sale of October 2013 for each of your liquor retail shop and compare daily sales figure with the October average. Wherever the sales figure ex ceed by 30% or more, it points to a possibility of bulk sale. These need to be investigated and severe action must be taken against the shop which may in clude even cancellation of the license. For this a prescribed form for reporting is enclosed in Annexur e-1. The District Collector is expected to get this report from the District Excise Officer/Assistant Commissioner and after taking suitable action send the report to the Election Commission (CEO) along with his remarks, in the format prescribed in Annexu re-2. II. Ensuring maintenance of stock register: - It has been found during surprise inspections that some of the shops are not maintaining the stock register at all, or are maintaining it without following the prescribed format. This is done with a view to hide bulk sale information and to make stock verification very cumbersome. 186 District Collectors with the help of the District Excise Officer/Assistant Commissioner must ensure proper maintenance of brand -wise stock register in all shops. III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops. IV. Listing and close monitoring of sensitive liquor shops: - Classify the liquor shops in your district as sensitive based on the following crite ria:- A. Those shops which, on 01.11.2013, have liquor stock which is 50% or more than the liquor stock on 01.11.2012. The list of such IMFL shops has a lready been communicated. However, you need repeat this exercise for Country Liquor shops in your distr ict. B. Shops, which are located in a slum or are located in close proximity of a slum. C. Shops located away from main roads and located in interior rural pockets. D. Shops which show more than 30% increase in sales on any day in November as compared with their average daily sales of October, 2013. These shops must be monitored and their brand -wise stock register checked on daily basis. V. Prevention of liquor storage for distribution in election: Slum areas, shanty towns, camps (if any) in urban areas and remote or poorly accessible habitations in rural areas are potential storage points for illegal liquor. District Collectors with the Excise Officials are expected to identify such locations and conduct frequent police patrolling and raids in such loca tions.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ 6. In the light of all the above instructions, I am directed to request you to issue suitable instructions to the Collectors & District Election Officers to give a daily report in the format prescribed in Annexure -2 to the Special Secretary Excise (CEO) , State Government, who will send a compiled report for the entire state to the Commission. 7. These instructions may be brought to the notice of all DEOs, SPs, all Observers and officers of Excise Deptt. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 187 Copy forwarded for necessary action to: 1. Shri D.R. Johari, Addl. Excise Commissioner and Nodal Officer on Ex cise, C -100/50 Shivaji Nagar, Bhopal, Madhya Pradesh (By Camp Bag/Speed Post/email) 2. Shri Jitender Kumar Updhayay, RAS, Addl. Excise Commissioner (Adm) Zone, Udaipur, Rajasthan(By Camp Bag/Speed Post/e -mail) Below Annexure 1 Daily Report from District Excise Officer to Collector for Liquor Monitoring (Only those shops, which have 30% or more increase in sales ove r average ---------- date----------- month ---------- year daily need to be reported.) Name of the District: Date: S.No. Name and address of the shop Average daily sales of ---date- ------ month ---- --year (in Bulk Litre) Yeste rday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action taken 188 Below Annexure 2 Daily Report from Collector and DEO to CEO for Liquor Monitoring Name of the District: Date: 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district:Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13 .txt _ 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district: 3. Brand -wise stock reg ister maintained in all shops: (yes/no) (Please mention action taken against those s hops where a violation is found and mention if the proper brand -wise stock registers is maintained since) 4. List of sensitive liquor retail shops in the district: (Please enclose the list with complete address and licensee name and reason for classifying it as sensitive) S. No. Name and address of the shop Licensee Name Reason for classifying it as sensitive Steps taken for close monitoring 5. Ac tion taken against any liquor shops for any violations: (Specify the action and penalty levied, if any) S. No. Name and address of the shop Licensee Name Violation Detected Action Taken Violation rectified or not 6.List of possible illegal liquor storage locations in the district: S. No. Name of the location Name of the mohalla/village Reason fo r being a potential storage area Preventive or corrective step taken 189 7.Daily liquor sale monitoring report (Only for shops having over 30% incre ase in sale as compared with average daily sale of --------- date---------- month ---------- year ): - S. No . Name and address of the shop Average daily sales of -------- date------ month ----- ----year (in Bulk Liter) Yesterday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action takenCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ Annexure -D14 ELECTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 11000 1 No. 491/SM/2013 /Communication Dated: 25th October 2013 To 1. Chief Electoral Officers of all States and Union TerritoriesCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ 2. Presidents/General Secretaries of All National/State recognized Political Parties. Sub: Instructions of the Commission with respect to use of Social Media in Election Campaigning. Sir, The Commission’s attention was drawn to use of social media for election campa igning and also certain violations of the Electoral Law in the social media, which need to be regulated in the interest of transparency and level playing field in the elections. Social media refers to the means of interactions among people in which they create, share, and/or exchange information and ideas in virtual communities and networks. It differentiates from traditional/industrial media in many aspects such as quality, reach, frequency, usability, immediacy, and permanence. The prevalence of Web and social media has increased over the years and there have been demands from the political and social groups to regulate the social media during elections as other media is regulated. There are broadly five different types of social media: a) collaborative projects (for example, Wikipedia) b) blogs and micro blogs (for example, Twitter) c) content communities (for example, You Tube) d) social networking sites (for example, Face book) e) virtual game-worlds (e.g., Apps) Legal provisions relating to election campa igning apply to social media in the same manner in which they apply to any other form of election campa igning using any other media. Since social media is a relatively new form of media, it appears necessary to clarify to all concerned by the following instructions:- A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this FormCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this Form 191 requires that email ID of the candidate, if any, should be communicated to the Commission in this Form. The Commission finds it necessary that authentic social media accounts of candidates should also be informed to the Commission. This information should be furnished in the said Para 3 as follows:- “My contact telephone no.(s) is/are…… …………… ., my email ID (if any) is ……… ……… ., and my social media accounts (if any) are……… ………… ……… ..” B. Pre-Certification of Political Adverti sements In pursuance of the Hon’ble Supreme Court of India’s Order in SLP (Civil) N.6679/2004, dated 13 April,2004, the Commission issued detailed instructions on this subject vide its order no. 509/75 /2004/J S-1/4572 dated 15.04.2004. In this order, it was stated that every registered/national and State political pa rty and every contesting candidate proposing to issue advertisements on television channels and/ or on cable network will have to apply to Election Commission of India/designated officer for pre-certification of all political advertisements on electronic media before the publication. The order was further modified and consolidated vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of the Commission contained in its order No.509/75/2 004/JS-1/4572 dated 15.04.2004 shall also apply mutatis mutandis to websites including social media websites and shall fall under the purview of pre-certification. You are, therefore, requested to ensure that no political advertisements are released to any internet based media/websites, including social media websites, by political pa rties/candidates without pre-certification from competent authorities in the same format a nd following the same procedures as referred in the aforesaid orders. C. Expenditure on campaigning through internet including social media websites. According to Section 77, sub section (1), of Representation of the People Act,1951, every candidate is required to keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has filed nomination and the date of declaration of the result thereof, both dates inclusive. The Hon’ble Supreme Court of India had directed in Common Cause Vs. Union of India in 2005 that political parties should also submit a statement of expenditure of elections to the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and politicalCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and political parties shall include all expenditure on campa igning, including expenditure on advertisements on social media, both for maintaining a correct account of expenditure and for submitting the statement of expenditure. This, am ong other things, shall include payments ma de to internet companies and websites for carrying advertisements and also campa ign related operational expenditure on making of creative development of content, operational 192 expenditure on salaries and wages paid to the team of workers employed by such candidates and political parties to maintain their social media accounts, etc. D. Application of Model Code of Conduct to content on internet including social media. The Commission has a model code of conduct in place during the elections in respect of political parties and candidates which remains in force from the date the elections are announced by the Commission till the completion of elections. It is clarified that the provisions of model code of conduct and related instructions of the Commission issued from time to time shall also apply to the content being posted on the internet, including social media websites, by candidates and political parties. E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14 .txt _ E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning of political parties and candidates. These instructions may please be brought to the notice of all concerned including candidates, political pa rties, media and election observers for immediate necessary action. Yours faithfully, Sd/- (Rahul Sharma) (Under Secretary) Tel. 011-23052070 Email: rahulsharma.eci@gmail.com 193Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15 .txt _ Annexure - D15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No. 76/Instructions/2012/EEPS/Vol. I Dated: 22nd January 2014 To The Chief Electoral Officers of all States & UTs Subject: Clarification regarding expenditure incurred by leaders of political party (Star - Campaigners) ------- under explanation 1 to section 77 (1) of R.P. Act, 1951 ------ matter regarding. Sir/Madam, In supersession of the Commission’s letter of e ven no. dated 18th April, 2013, letter nos, 76/2009/SDR, dated 31st March,2009 and 20th August, 2009 and para (iii) of letter No. 437/6/INST/2008, dated 31-10-2008 and para 3 of letter No. 76/Instructions/2012/EEPS, dated 20-01-2012 (copies enclosed), on t he subject cited, I am directed to clarify as under: - (a) If any attendant including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star -campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that the sai d member of political party or media person or attendant sharing the transport with the leader (star campaigner) do not play any role in election campaign for any candidate in any manner. However, if any such person(s) sharing the transport with the leade r plays any role in election campaign for the candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15 .txt _ candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 of section 77 (1) of the R. P. Act, 1951 are to be communicated to the Election Commission of 194 India and the Chief Electoral Officer of the State by the political par ty, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P. Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Officer of the State concerned. (c) If the leader (star campaigner) is a part of any rally, organised outside his constituency, he is entitled to the exemption provided under Explanation 1 of section 77(1) o f the R. P. Act,Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15 .txt _ 1951.However, if the leader (star campaigner) is also contesting election in any constituency, then he is not entitled to any benefit u/ s 77 of the said Act, for the travel expenses incurred within his own constituency and the expenses on meeting or rally organised by him in his constituency including the travel expenses are to be added to his account of election expenditure. (d) If the rally /meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candidates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidat es. However, if, he (star campaigner) is taking part in a rally/ meeting, along with other contesting c andidates of his party outside his constituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/meeting expense, organ ised outside his constituency shall be added to the election expense of the leader (star campaigner). This may be brought to the notice of all concerned including all political parties in the state. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 195Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16 .txt _ Annexure -D16 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS Vol.VII Dated: 9th April, 2014 To The Chief Electoral Officers of all States/Union Territories Subject: General Election to the Lok Sabha, 2014 -Expenditure on Security cover to Ministers/Candidates -Instructions regarding. Ref.: (i) Commission ’s letter No. 437/6/96 -PLN -III dated 09.04.1996 ; (ii) Commission’s letter No. 437/6/2007/PLN.III dated 24.10.2007; (iii) Commission’s letter No. 464/INST/2009/EPS dated 08.02.2009; (iv) Commission’s letter No. 437/INST/2009/CC&BE dated 25.03.2009. Sir/Madam, The Commission has in the past, issued various instructions from time to time regar ding the accounting of the cost which will be incurred on the security to be provided to the Ministers/Star Campaigners/Candidates, as per their security entitlement.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16 .txt _ 2. The Commission has received a reference from the CEO, Uttarakhand seeking clarificatio n as to whether the cost incurred on the security vehicle and guards will be paid by the candidates or by the State Government. For removing confusion and for convenience of all concerned, the issue relating to expenditure on security person/security vehic les are hereby collated and reiterated for observance during the period when the Model Code of Conduct is in force: (i) Under the directives of the Gover nment of India, the persons provided with ‘Z+’ (Z plus) security cover are permitted the use of State -owned one bullet proof vehicles for the particular person. Such persons, whether they are holding office or out of it, and whether they are candidates or not, shall be permitted the use of the said State -owned bullet proof vehicles during the election perio d covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand -by should not be permitted unless so specifically prescribed by security authorities in any particular case. The cost of 196 propulsion of such vehicles should be borne b y the person concerned when it is used for non-official purposes during such period. (ii) In case of the visiting political functionaries, who are ‘star campaigners’ sponsored by political parties in pursuance of Explanation of the Section 77 of the R. P. Act, 1951, the expenditure in this regard, will be accounted for in the party’s account. If the star campaigner is a candidate, the propulsion cost of ve hicle in the constituency shall be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16 .txt _ be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall n ot exceed them under any circumstances. The cost of propulsion of all such pilot/escorts vehicles, whet her owned by Government or hired vehicles, will be met by the State Government. No recovery need be made also on the cost of the manpower provided.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16 .txt _ 3. These instructions may be brought to the notice of all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 197Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D17 .txt _ Annexure -D17 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS/Vol.I Dated: 9th May, 2014 To The Chief Electoral Officer All States/UTs Subject: Travel by the candidate/Star Campaigner after poll and before declaration of result - matter reg. Sir, Instances have been reported that many contesting candidates, including the Star Campaigners of the political parties, use Aircrafts/Helicopters after the date of poll for official or non -official purpose and clarifications have been sought regarding accounting of such expenditure on travel. In t he subject matter, I am directed to clarify as under: (i) The expenses after the poll and before the decla ration of result, which can be said to be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. (ii) Therefore, the expenses on travel of a Star Campaigner or a candidate a fter the date of poll, which are not connected with election shall not be added to any candidate’s account. If the Star Campaigner/Candidate visits the c onstituency, where he or she has contested the election, the travel expenses within the constituency fo r overseeing the counting arrangement before, or on, the date of counting shall be added to his or her account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency after the poll, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of assembly election or 90 days of Lok Sabha election . 2. In this regard, you are hereby requested to inform all the District Election Officers, Expenditur e Observers, Candidates and the Political Parties in the State. Yours faithfully, Sd/- (Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D18 .txt _ Annexure -D18 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 61/Complaints/2014/EEPS Vol.VI Dated: 9th June, 2014 To The Chief Electoral Officer of All States/UTs Subject: General Elections to the Lok Sabha -2014 -Accounting of parking charges of aircraft/helicopter -Regarding Sir, The Commission has receive d queries regarding accounting of parking charges being reported by the candidates/party during electioneering. In the subject matter, I am directed to clarify that the parking charges of aircraft/helicopter shall be calculated as under: - 1. In aviation se ctor, parking charges of aircraft (day/night) are levied on aircraft/helicopter operators as per rates determined by Airport Authority of India or by Pri vate airport operator at respective airport. Therefore, the amount for calculation of expenditure of th e candidate shall be charged as per actual amount paid or payable at such airports. At places other than commercial airport, the parking charges should be as per actual amount paid by the operator or candidate. 2. Therefore, the parking charges at commerci al airports should be obtained from the airport authority of India or the private airport operator for calculation of parking charges of any aircraft. For parking at other places, the actual charges paid by the operator or candidate for parking of aircraft shall be taken into account. 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D18 .txt _ 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages) 4. You are requested to bring into the notice of all includi ng the Expenditure Observers deployed during currently concluded Lok Sabha Election, 2014 & State Legislative Assemblies Election from Andhra Pradesh, Od isha, Sikkim, Arunachal Pradesh, 2014 and some other Bye - elections. Yours faithfully, Sd/- ( Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure _D19 .txt _ Annexure –D19 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject: Permission of vehicles to the contesting candidates and incurring the expenditure in the accounts of electio ns expenses - regarding. Madam/Sir, I am directed to invite your attention to the Commission’s letter N o. 437/6/2007 - PLN -III(Vol -III), dated 16th March, 2007 and to say that each candidate is given permission by the Returning Officer for use of vehicles for campaign purpose during elections. It has come to the notice of the Commission that some candidates take permission for use of campaign vehicles and do not show the expenditure incurred on hiring/propelling of the vehicles in the accounts of their elec tion expenditure. Such vehicles are often used by others during the election process.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure _D19 .txt _ 2. Therefore, I am directed to inform that if the candidate, after obtaining permission from the Returning Officer, does not intend to use the campaign vehicle(s), for any period of more than two days, he/she shall intimate to the Returning Officer, to withdraw the permis sion for such vehicle(s). If the candidate, after obtaining permission does not intimate the R.O., to withdraw the permission of such campaign vehicles, it will be presumed that the candidate has used the permitted vehicles for campaign purpose and accordi ngly, the expenditure as per the notified rates on use of such vehicles shall be added to his/ her accounts of election expenses. The details of all such vehicle, permissions and withdrawal requests shall be given to the Accounting Team by the R.O. for acc ounting the expenditure of such candidates. 3 This may be brought to the notice of all the political parties, candidates and their agents, officials conc erned and Expenditure Observers. 4 Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20 .txt _ Annexure -D20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/2016/SDR Dated: 30th April, 2016 To The Pres idents/General Secretaries of All recognized and registered unrecognized Political Parties Subject: -Election expenses of candidates and political par ties- travel expenses on visits to foreign countries for purposes of canvassing -regarding. Sir, I am directed to say that as per section 20A of the Representation of the People Act, 1951 inserted by the Representation of People (Amendment) Act, 2010, Indian citizens absenting from their place of ordinary residence in India owing to their employment, educ ation or otherwise outside India (whether temporarily or not) are entitled to have their names registered in the electoral rolls in the constituencies in which their place of residence in India as mentioned in their passports is located. The Indian citizen s so registered as electors in India (called under the Registration of Electors Rules 1960 as ‘overseas electors’) are entitled to vote in their respective native constituencies in India if they happen to be present in their native places on the day of pol l in the constituency in which they are registered as such overseas electors. Pursuant to the above provisions of law, a large number of Indian citizens living abroad have got their names enrolled in the electoral rolls in different parts of the country fo r the purposes of elections to the House of People and State Legislative Assemblies.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20 .txt _ 2. It has been brought to the notice of the Commission that in connection with the current round of general elections to the Legislative Assemblies of Kerala, Puducherry , Tamil Nadu & West Bengal and several bye -elections being currently held in some of the States, some candidates are travelling from India to overseas co untries for the purposes of canvassing in their favour to seek votes of the overseas electors residing in those countries. In this context, the Commission would like to clarify that though seeking votes of oversees electors by going abroad by the candidates or their agents or party leaders is not prohibited under the law, all expenditure incurred by those c andidates, their agents or party leaders on their travel, boarding, lodging etc., in those countries would be deemed to be the expenditure incurred or au thorized by the 201 candidates in connection with their election. Thus, all such expenditure would come wit hin the meaning of section 77(1) of the Representation of the People Act, 1951 and will have to be included by the candidates concerned in their accounts of election expenses which are subject to the limits prescribed by Rule 90 of the Conduct of Elections Rules 1961.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20 .txt _ 3. The Commission would, however, like to further clarify that any inducement to overseas electors by way of Air tickets or any other allur ements to them, in cash or kind, to come to India for the purpose of voting at the aforesaid elections would amount to the electoral offence of ‘bribery’ within the meaning of section 171B of the Indian Penal Code, as also the corrupt practice of ‘bribery’ within the meaning of section 123(1) of the Representation of the People Act, 1951. Needless to add th at the commission of the above mentioned electoral offence and corrupt practice of bribery would invite penal action against them under the relevant pro visions of law. Further, any other person or organization offering to bear the travel expenses of overs eas electors to India in connection with the voting in the above elections, or any other such allurements to them to seek their votes, with the consent of the candidate or his election agent, would also attract the same penal action against them. 4. You a re, therefore, requested to inform all the candidates set up by your party of the above provisions or law for their information, guidance and compliance. 5. The above clarifications of law by the Commission will equally apply in relation to all elections to the House of the People and State Legislative Assemblies in future. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (K. F. WILFRED) PRINCIPAL SECRETARY Copy to Chief Electoral Officers of all States and UTs for information and necessary action. It is requested that copy of this letter may be given to all political parties based in the State/UT.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D21 .txt _ Annexure -D21 ELECTION COMMISSION OF INDIA Nirvac han Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XX Dated: 18th April, 2019 To The Chief Electoral Officers, All States and UTs. Subject: -General Election to Lok Sabha and Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim, 2019 -Social Media platforms for tracking expenditure on advertisements/transparency reports -Reg. Madam/Sir, I am directed to refer to Commission’s letter no. 491/SM/2013/Communication, dated 25th October, 2013 [Annexure D14 in “Compendium of Instructions on Election Expenditure Monitoring (Feb ruary, 2019)] and to state that Google, Facebook and Twitter are facilitating transparency in paid political advertisement by displaying “Ad Transparency Reports” on their platforms showing the payments made by different political parties for their politic al campaigns on these platforms, at the following links: - (i) https://transparencyreport.google.com (ii) https://www.facebook.com/ads/library/ report/?Source= archive -landing - page&country=IN (iii)https://ads.twitter.com/transparency 2. You are requested to bring it to the notice of all DEOs, ROs, Expenditure Observers and Election Expenditure Monit oring Teams for necessary action. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D22 .txt _ Annexure -D22 ELECTION COMMISSION OF INDIA Nirvachan Sadan Asho ka Road New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII Da ted:19th May, 2019 To The Chief Electoral Officers of All States and UTs. Subject: -General Election to Lok Sabha, 2019 -Accounting of expenditure incurred on helipad construction and parking charges - Clarification -Regardi ng. Madam/Sir, It is seen that helicopters are being used in large numbers for the purpose of campaigning by political parties and candidates. A clarification has been sought regardin g expenditure associated with construction of helipads. In this regard, I am directed to clarify that e xpenditure incurred on construction of helipads including expenses related to helipad site development and removal of dismantled material and parking charges of helicopter borne by political party in connection with travel of its leaders, as per Explanatio n 1 of Section 77 of the R. P. Act, 1951 (popularly known as “Star Campaigners”), irrespective of their security entitlement, shall be booked in the acco unt of election expenses of the political party concerned and not in the account of election expenses o f the candidate(s). 2. A star campaigner who is also a candidate, shall account for expenses on hiring of helicopter, preparation of helipad etc. for campaigning within his own constituency. However, the travel expenses incurred for travel out of hi s own constituency for campaigning in other constituencies and to come back to his/her constituency are not to be booked to his/her account. (ECI letter no. 437/6/1/2008 -CC&BE, dated 24.10.2008 copy enclosed).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D22 .txt _ 4. You are requested to kindly bring the clar ification to the notice of all DEOs, ROs, Expenditure Observers and other election authorities for necessary compliance. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 204Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates Annexure-E1 (Part A) Register for Maintenance of Day to Day Accounts of Election Expenditure by Contesting Candid ates Name of the Candidate: Name of Political Party, if any: Constituency from which contested: Date of Declaration of Result: Name and add ress of Election Agent: Total expenditure incurred / authorized: (From the date of nomination to the date of declaration of result of election, b oth dates inclusive) 1. 2. 3. 4. 5. 6. 7. 8. 9. Date of expendit ure/ event Nature of expenditure Total Amount in Rupees (paid + outstanding) Name and address of payee Bill No. / voucher No. and date Amount incurred/ authorized by candidate or his election agent Amount incurred/ authorized by political party and name of political party Amount incurred/ authorized by other individual/ association/ body/any other (mention full Name and Address) Remarks, if any Des crip tion Qty. Rate per unit Certified that this is a true account kept by me/my election agent under Section 77 of the Representation of the People Act, 1951 (Certificate to be furnished after the date of declaration of result). Signature of the candidate 215 Note : 1. This register must be maintained on a daily basis and shall be subject to inspection at any time by the Observer appointed by the Election Commission, the District Election Officer/Returning Officer or by any other officer authorized in this behalf.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 1. This register must be maintained on a daily basis and shall be subject to inspection at any time by the Observer appointed by the Election Commission, the District Election Officer/Returning Officer or by any other officer authorized in this behalf. 2. The register must be lodged in original with the District Election Officer as the return of Election Expenditure under Section 78 of the Representation of the People Act, 1951. It must be accompanied by an abstract statement (Part I to IV and schedules 1 to 1 1) of election expen ses and supporting a ffidavit in the prescribed formats. No return of expenditure will be accepted as complete without the abstract statement of election ex penses and the affidavit. 3. Vouchers may not be attached only in respect of those items which are listed in Rule 86(2) of the Condu ct of Election Rules, 1961, like postage, travel by rail . For any voucher not attached vide this rule, an exp lanation to the affect why it was not practicable to ob tain the required vouche rs must be given in the prescribed register. 4. The accou nt and abstract statement shall be countersigned by the candidate if it is lodged by his election agent and should be certified by the candidate himself to be the correct copy of the account kept. The affidavit should be sworn by the candidate himself. 5. Apart from the expen ses incurred or authorized by the candidate/election agent directly, all expen diture incurred or authorized by the political party, other associations, bodies of persons, individuals in connection with the election of the candidate with his consent are also required to be included in the account. The only exception is the expen ses incurred on travel of specified leaders of the political party on account of their travel for propagating the programme of the pa rty. (See Explanation 1 and 2 of Section 77(1) of the Representation of the Peop le Act, 1951 ).Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 6. If the expend iture on any item shown above in columns 2 and 3 above is incurred/authorized by any political party/association/body of persons/any individual (other than the candidate or his election agent), its / his name and co mplete address must be shown in columns 7 and 8. 216 7. The total expenditure referred in columns 2 and 3 of the above table should include all expen diture in cash and the value of all goods and services received in kind by the candidate or his election agent from any source. 8. This register should include Day to Day Account Register as is Part A in White Pages, Cash Register as mentioned in Part-B in Pink pa ges and Bank Register as mentioned in Part-C in Yellow pages, as per the formats prescribed. 217 (Part B) Cash Register for Maintenance of Day to Day Accounts by Contesting Candid ates Name of the Candidate: Name of Political Party, if any : Constituency from which contested: Date of Declaration of Result: Name and add ress of Election Agent: (From the date of nomination to the date of declaration of result of election, b oth dates inclusive) Receipt Payment Balance Amount Remarks, if any Date Name and address of person/ party/ association/ body/any other from whom the amount received Receipt No. Amount Bill No./ Voucher No. and Date Name of payee and address Nature of Expenditure Amount Places at which or person with whom the balance is kept (if cash is kept at more than one place/ persons, mention name and balance available) Any expense mentioned in column 7 of this table and not mentioned in column 2 of table of Part-A should be clarified here.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Certified that this is a true account kept by me/my election agent under Section 77 of the Representation of the People Act, 1951 (Certificate to be furnished after the date of declaration of result). Signature of the Candidate 218 (Part C) Bank Register for Maintenance of Day to Day Accounts by Contesting Candid ates Name of the Candidate: Name of Political Party, if any : Constituency from which contested: Date of Declaration of Result: Name and add ress of Election Agent: Name of the Bank: Branch Address: Account No. : (From the date of nomination to the date of declaration of result of election, b oth dates inclusive) Deposit Payment Balance Remarks, if any Date Name and address of person/ party/ association / body/any other from whom the amount received/ deposited in Bank Cash/ Cheque No., Bank name and Branch Amount Cheque No. Name of Payee Nature of Expenditure Amount Any expense mentioned in column 7 of this table and not mentioned in column 2 of table of Part-A should be clarified here. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Certified that this is a true account kept by me/my election agent under Section 77 of the Representation of the People Act, 1951 (Certificate to be furnished after the date of declaration of result). Signature of the Candidate 219 Guidelines for Maintenance of the Day-to-Day Accounts of Election Expenditure: All cash, cheque, or draft or pay order received by the candidate, either from his own fund or from political party or from any other person, body, institution or company is to be d eposited in a separate bank account opened by the candidate for the purpose of election expenditure. 1. For Cash receivedCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 1. For Cash received 1.1 For candidate’s own cash to be used for election expenditure:- If the candidate brings his own cash, then he/she has to deposit the cash in the bank account opened for election expenses. Then entry has to be made in Bank Register (Part C of day to day account register) by writing “Candidate’s own Fund” in column 2, “Cash” in Column-3 and the amount in Column 4. 1.2 Cash received by candidate from any other person/party/association/ body :- If cash is received by the candidate from any other person/party for the purpose of his election expenditure, then, this amount is to be entered in the Cash Register (Part B) on receipt side by writing date in Column-1, name and address of the person/party etc. from whom cash received in Column-2, receipt No. (if any) in Column-3 and amount of cash in Column-4. A fter making entry in the Cash Register, the amount shall be deposited in the bank account, opened for election expenses. Once the amount is deposited in bank accounts, entries for the same have to be made in the cash register on payment side by writing date in Column-5, Account Number of bank A/c where cash deposited in Column-6, and “deposit” in Column-7 and amount in Column-8. 1.3 After the cash is deposited in Bank, the Bank Register (Part C) has to be updated, by writing date in Column-1, “Candidate’s own cash” in Column-2, Cash in Column-3, amount in Column-4. This has to be done so that the bank balance can be drawn, to tally with the bank passbook. 2. For Cheques/Drafts/Pay-orders receivedCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 1.3 After the cash is deposited in Bank, the Bank Register (Part C) has to be updated, by writing date in Column-1, “Candidate’s own cash” in Column-2, Cash in Column-3, amount in Column-4. This has to be done so that the bank balance can be drawn, to tally with the bank passbook. 2. For Cheques/Drafts/Pay-orders received 2.1 Cheques/Draft/Pay order received from any person/party/association etc. or from candidate’s own bank account: If candidate receives cheque/draft/pay order for his/her election expenditure purpose from any person/party etc. or he issues cheque/draft from his own bank account, he has to deposit it in the said Fs opened for election expenditure. He shall make entry on the deposit side of bank register by mentioning d ate in Column-1, name and address of the person/party from whom the cheque received in Column-2, Cheque /Draft/Pay order No. and Bank name/branch in Column-3 and amount of cheque/draft/pay 220 order in Column-4. If, it is cheque from h is own bank account, then in Column-2 of Bank Register, “Candidate’s own fund” is to be mentioned. 3. For Goods or Services received in kindCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 3. For Goods or Services received in kind 3.1 If some goods or services are received in kind like vehicles, posters, pamphlets, media advertisement, helicopters, aircrafts etc. from party or any person/body/association: If any person party /body/association provides some goods or services in kind, for election campaigning etc., of the candidate, then for these items, necessary entries are to be made in Part A of Day to Day accounts register by mentioning date in Column-1, description, quantity, rate per unit in Column-2, nature of expenditure and total value (Notional value of the items) in Column-3 of the said Register. Further, if the items in kind have been provided by the political party, then the total value and name of political party for that shou ld be written in Column-7 and if such items have been given by any other person/association etc. then that amount and name, address of such persons/associations etc. shall be mentioned in Column-8 of this register. 4. For all Election Expenses 4.1 All election expenditure shall be entered in Register of Day to Day Accounts (Part-A). Whenever any expense is incurred, say, a taxi is requisitioned, then entry has to be made in Register of Day to Day accounts (Part A) as under: Date in Column-1, nature of expenditure like “taxi” No. ” under description total hours/days for which requisitioned and rate per hour/day in Columen-2 and total amount in Column-3, name and address of the taxi provider in Column-4, bill/voucher No. in Column-5. If the amount is paid by the candidate, then the amount is mentioned in Column-6. If the amount is paid by political party directly to the taxi provider then name of party and amount is to be written in Column-7. If it is paid by any other person, amount and name and address of such person shall be written in Column-8.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E1 .txt Register for maintenance of day to day accounts of election expenditure by contesting candidates 4.2 For Payment for expenses made through cheques: All the payments for expenses (except petty expenses up to Rs.10,000 /- to a single party during the entire election process) are to be made only through A/c payee cheques. For, making payment in cheques, the following entry has to be made in Bank Register (Part C) : Cheque No. in Column-5, name of the payee to whom cheque issued in Column 6, nature of expenditure in Column-7 and amount in Column-8 is to be written. 221 4.3 For Payments of petty expenses made in cash: if any payment of petty expenses are to be made in cash (that too if total amount paid to a person during whole period of campaigning shall not exceed Rs. 10,000/-) then cash is to be withdrawn from the said bank account opened for election expense. For this, entries are to be made in Bank Register (Part C) mentioning cheque No. for w ithdrawal in Column-5, “self” column-6 nature of expenditure “withdrawal for petty expenses” in Column-7 and the amount in Column-8 of the Bank Register. After the w ithdrawal, this cash is to be introduced in cash Register (Part B) by making entry in the receipt side. For this, date is to be mentioned in Column-1, “self” in Column-2 withdrawal from Bank in Column- 3 and amount in Column-4. If such petty cash is given to different branch offices or agents to incur petty expense, then the amount and names of persons/places are to be entered in Column-9. After payment is made for the petty expense, such expenses are also to be entered in Day to Day Accounts (Part A) as follows: date in Column-1, Nature of payment in Column-2, Total amount in Column-3, Name and Address of Payee in Column-4, Bill/voucher No. in Column-5 and “self” in Column-6. (Commission’s letter no. 76/ Instructions/2014/EEPS/Vol. I, dated 23.01.2014) 222Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Annexure -E2 PART – I : ABSTRACT STA TEMENT OF ELECTION EXPENSES I Name of the Candidate Sh./Smt./ Km. II Number and name of Constituency III Name of State/Union Territory IV Nature of Election (Please mention whether General Election to State Assembly / Lok Sabha / Bye - election) V Date of declaration of result VI Name and Address of the Election Agent VII If candidate is set up by a political party, Please mention the name of the politica l party VIII Whether the party is a recognised political party Yes/No Date: Signature of the Candidate Place: Name: PART -II : ABSTRACT OF STATEMENT OF ELECTION EXPENDITURE OF CANDIDATE S. No. Particulars Amt. Incurred / Auth. by Candidate/ Election agent(in Rs.) Amt. Incurred/ authorized by Pol. Party (in Rs.) Amt. Incurred / authorized by others (in Rs.) Total Election expenditure (3)+(4)+(5) 1 2 3 4 5 6 I Expenses in public meeting, rally, procession etc.: - I. a : Expenses in public meeting, rally, procession etc. (ie: oth er than the ones with Star Campaigners of the Political party (Enclose as per Schedule -1) I. b : Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) (ie: other than those for general party propaganda) (Enclose as per Schedule -2) II Campaign materials other than those used in the public meeting, rally, procession etc. mentioned in S.No. I above(Enclose as per Schedule -3) III (a) Campaign, through print and electronic media 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring theCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring the candidate (Enclose as per Schedule -4A) IV Expenditure on campaign vehicle(s), used by candidate(Enclose as per schedule -5) V Expenses of campaign workers / agents (Enclose a s per Schedule –6) VI Any other campaign expenditure VII Expenses incurred on publishing of declaration regarding criminal cases (Enclose as per Schedule -10) VIII VIII Expenses incurred on Virtual Campaign (Enclose as per Schedule 11) Grand Total PART III : ABSTRACT OF SOURCE OF FUNDS RAISED BY CANDIDATE S No Particulars Amount (in Rs.) 1 2 3 I Amount of own fund used for the election campaign (Enclose as per Schedule - 7) II Lump sum am ount received from the party (ies) in cash or cheque etc. (Enclose as per Schedule -8) III Lump sum amount received from any person/ company/ firm/ associations / body of persons etc. as loan, gift or donation etc. (Enclose as per Schedule -9) Total 224 PART - IV FORM OF AFFIDAVIT Before the District Election Officer ..................... .................(District, State/Union Territory) Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : -Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : - (1) That I was a contesting candidate at the general election/bye election to the House of the People / Legislative Assemb ly of …………………………………………….…….. from................................................. ……..……Parliamentary/ Assembly constituency, the result of which was declared on ……......................... (2) That I/my election agent kept a separate and correct account of all expenditure incurred / authorised by me / my e lection agent in connect ion with the above election between ……………… (the date on which I was nominated) and the date of declaration of the result thereof, both days inclusive. (3) That the s aid account was maintained in the Register furnished by the Returning Officer for the pu rpose and the said Register itself is annexed hereto with the supporting vouchers/bills mentioned in the said account. (4) That the account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorised by me or by my election agent, the political party which sponsored me, other associations / body of persons and other individuals supporting me, in connection with the elect ion, and nothing has been concealed or withheld/suppressed therefrom (other than the exp ense on travel of leaders' covered by Explanations 1 and 2 under section 77 (1) of the Representation of the People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an dCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an d other individuals supporting me, in conn ection with the election. (6) That the statements in the foregoing paragraphs (1) to (5) are true to the best of my knowledge and belief, that nothing is false and nothing material has been concealed. Deponent Solemnly affirmed/sworn by ………………….. at ………….this day of 201 ……..before me. (Signature and seal of the Attesting authority, i.e. Ma gistrate of the first Class or Oath Commission or Notary Public) 225 ACKNOWLEDGEMENT FORM To THE RETURNING OFFICER, ________________________ ________________________ ________________________ Sir, I acknowledge receipt of your letter No…………………………….dated…… ………………………. along with its enclosures containing, among other documents, a Register bearing serial No………….. for maintaining of my accounts of election expenses.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ 2. I have noted the requirements of law for maintenance of account of election expenses and lodging of true copy of that account with the District Election Officer / Returning Officer. Yours faithfully, (Signature of Candidate with date) * Strike o ff whichever is inapplicable. .......................................................... .................................................................................... ACKNOWLEDGEMENT (To be filled up by Office) The account of the election expenses in respect of ………………………….......(Constituency) result of which was declared on ……………………. (Date) has been filed by him /on his behalf on …………………... (Date) and has been received by me today the …………….. (Date) of …………………….(Month)……………………(Year). District______ ________________ District Election Officer Office Seal 226 Schedules - 1 to 11: Details of Elections Funds and Expenditure of Candidate Schedule - 1 Expenses in public meeting, rally, procession etc. (ie: other than those with Star Campaigners of the Political party) S. No Nature of Expenditure Total Amount in Rs. Source of Expenditure Amt. incurred / Auth. by Candidate / agent Amt. incurred / by Pol. Party with name Amt. incurred by others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc. 8 Digital TV –boards display, Projector display, tickers boards, 3D display 9 Expenses on celebrities, payment to musicians, other artists remuneration etc. 10 Illumination items like serial lights, boards etc. 11 Expenses on tran sport, Helicopter/ aircraft / vehicles/ boats etc. charges ( for self, celebrity or any other campaigner other than Star Campaigner) 12 Power consumption/ generato r charges 13 Rent for venue 14 Guards & security charges 15 Boarding & lo dging expenses of self, celebrity, party functionary or any other campaigner including Star Campaigner 16 Others expenses Total Schedule - 2 Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) as apportioned t o candidate (ie: other than those for general party propaganda) S. No Date and Venue Name of the Star Campaigner(s) & Name of Party Amount of Expenditure on public meeting rally, procession etc. with the Star Campaigner(s) apportioned to the candidate (As other than for general party propaganda) in Rs. Remarks, if any 1 2 3 4 5 Source of Expenditure Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’sCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’s election campaign ( ie: other than those covered in Schedule - 1 & 2) S. No. Nature of Expenses Total Amount in Rs. Sources of Expenditure Remarks, if any Amt. By candidate / agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 4 Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/ TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitte d by the candidate. The details should include the expenditure incurred on all such news items appearing in privately owned newspapers/TV/radio channels etc. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, social media etc.) Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid / payable, if any Total Amount in Rs. Sources of Expenditure Amt. By candidat e/ agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, ownedCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, owned by the can didate or by the political party sponsoring the candidate. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid/ Total Amount in Rs. Sources of Expenditure Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 228 social media etc.) payable, if any 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -5 Details of expenditure on campaign vehicle (s) and poll expenditure on vehicle(s) for candidate’s election campaign S. No Regn. No. of Vehicle & Type of Vehicle Hiring Charges of vehicle No. of Days for which used Total am t. incurred/ auth. in Rs. Source of Expenditure Rate for Hiring of vehicle / maintenance Fuel charges (If not covered under hiring) Driver’s charges (If not covered under hiring) Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 8 1 2 3 4 Total Schedule - 6 Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By othersCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 1 Candidates’ booths (kiosks) set up for distribution of voter’s slips 2 Campaign workers honorarium/ salary etc. 3 Boarding 4 Lodging 229 5 Others Total Schedule - 7 Details of Amount of own fund used for the election campaign S. No. Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remark s 1 2 3 4 5 6 1 2 3 4 Total Schedule - 8 Details of Lump sum amount received from the party (ies) in cash or cheque or DD or by Account Transfer S. No. Name of the Political Party Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remarks, if any 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 9 Details of Lump sum amount r eceived from any person/company/firm/associations/body of persons etc. as loan, gift or donation etc. S. No. Name and address Date Cash DD/ Cheque no. etc. with det ails of drawee bank Mention whether loan, gift or donation etc. Total Amount in Rs. Remarks 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule - 10 Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (inCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (in Rs.) 1 2 3 4 5 6 7 8 Total Schedule 11 Details of election expenses incurred on Virtual Campaign Sl. No. Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of content creator Name of media to disseminate message Total Amount in Rs. Sourc es of Expenditure Amount by candidate/a gent Amount by political party Amount by others 1 2 3 4 5 6 7 8 Note :Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2 .txt _ 1. In Schedule 5: - (a) copy of th e order containing list of all vehicles for which permit issued by the Returning Officer to be enclosed. (b) If the vehicle is owned by the candidate/his relative/agent are used for election purpose, notional cost of hire of all such vehicles, except one vehicle if owned and used by the candidate, notional cost of fuel and drivers salary f or such vehicle, shall be included in total amount of expenditure in the above table. 2. In all schedules if any expenditure on goods and services, provided by the Poli tical Party; or provided by any person/ company/ firm /associations/ body of persons et c. on behalf of the candidate, then the notional market value of such goods or services are to be indicated, in respective columns. 3. In Part –III, the Lump -sum amount of fund received from the political party or others or the candidate’s own funds, should be mentioned date wise. In all such cases such amounts are required to be first deposited in the bank account of the candidate, opened for election expenses. 4. Each page of the Abstract Statement should be signed by the candidate (Revised by the Com mission vide its letter no. 76/ Virtual Campaign /EEPS/20 22, dated 15th January, 2022 , placed at Annexure -F9) 231Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E3 .txt Format for appointing additional agent of expenditure matters Annexure-E3 FORMAT FOR APPOINTING ADD ITIONAL AGENT ON EXPEND ITUR E MATTER S (For the general/bye election, …… ……… ……… (mention the year) 1. Name of the State :- 2. Name of the Constituency: - 3. Name and Address of the Candidate: - 4. Party Affiliation, if any: - 5. Name of the Additional Agent: - 6. Fu ll Postal Address of the Additional Agent: - 7. Contact Telephone Number: - I …………… ……… …… ……… ………….. (mention the name of the candidate) do hereby appoint Shri/Smt./Ms………… ……… …… ……… ……… ……, as my add itional agent for the above election. I hereby declare that he/she is not disqualified under the law for being cho sen as, and for being, a member of Parliament or State Legislature and that the said pe rson is not a Minister/MP/MLA/MLC/Corporation Mayor/Chairman of Municipality/Zila Parishad and is not a person to whom security cover has been provided by the State. Place: Signature of the Candidate Date : 232Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E4 .txt _ Annexure -E4 Election Commission's order No. 76/95/J.S.II dated 10.04.199 5 ORDE R Subject: Language in which the accoun ts of election expenses may be filed by the contesting cand idates. 1. The question of language in which a contesting candidate can file the return of account of election expenses under section 78 of the Representation of the People Act, 1951 h as been examined by the Commission. 2. All statutory documents and forms under the election law are printed and made available in the local approved languages. Candidates and others are permitted to file miscellaneous petitions and representations in local languages. These documents are not rejected on grounds of their not being in English or Hindi. 3. It would be unjust to reject an election expen ses return lodged by a candidate on the ground of its not being in English or Hindi in view of the fact that the cand idates who are not well versed in these languages will feel deprived. If mistakes are found in returns of electi on expenses the same may be ascribed to lack of knowledge of English or Hindi. 4. Apart from the manda tory provision that all statutory documents and forms shall be prepared in local approved languages, the Commission also directs the Chief Electoral Officers in its various important orders and directions to get them translated into local languages if those orders or directions are meant for wide publicity and circulation among the politica l parties, candidates and public in the State.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E4 .txt _ 5. Thus, in fairness to the contesting candidates at elections to the House of the People and the State Legislative Assemblies from differe nt States and Union Territories, they will be permitted to file returns of election expenses in English, Hindi or the local language(s) in which the electoral rolls are printed. It shall be responsibility of the Chief Electoral Officers, District Election Officers and Returning Officers to ensure that all the contesting cand idates get the forms/registers/extracts of rules relating to lodging of returns of accou nts of election expenses in the approved regional language for electoral rolls so that no candidate may complain that he is not aware of the statutory requirements relating to filing the returns of election expenses and he is able to maintain his account from day to day properly and accordingly. 233Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E5 .txt Commission’s letter No. 3/1/2004/JS -II, dated 3rd April, 2004 regarding names of leaders of political parties for the purposes of section 77 (1) of the Representation of the People Act, 1951. Annexure-E5 Election Commission ’s letter No. 3/1/2004/JS-II, dated 03.04.2004 addressed to all Chief Electoral Officers of all States / Union Territories. Subject: - Names of leaders of political parties for the purposes of section 77 (1) of the Representation of the People Act, 1951. I am directed to say that under Explanation 2 below section 77 (1) of the Representation of the People Act, 1951 the political parties are required to communicate names of their leader s for availing of the benef it of clause (a) of Explanation 1 under the said Section, to the Commission and to the Chief Electoral Officers of the States/Union Territories. You are requested to supply copies of each of the lists received from po litical parties in this regard, to all the Observers in the States and to all District Election Officers and Returning Officers. 234Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E6 .txt Commission’s letter No. 437/6/INST/2008 -CC&BE, dated 31st October, 2008 regarding use of Road Transport by party campaigners availing the benefit to clause (a) of explanation given under Section 77 (1) of the R. P. Act, 1951 Annexure-E6 Election Commission’s letter No. 437/6/INST/2008-CC&BE Dated: 31st October, 2008 addressed to the Chief Secretaries and the Chief Electoral Officers of all States and Union Territories. Subject: - Use of Road Transport by party campaigners availing the benefit to clause (a) of explanation given under Section 77 (1) of the Representation of the People Act, 1951 – regarding. (i) I am directed to refer to Commission’s instruction issued vide its letter no. 437/6/2007 /Vol.-IV-PLN-III dated 16th October, 2007 and instruction issued vide letter No. 3/7/2008 /JS-III dated 7th October, 2008 and to state that the Commission has already modified the guidelines on use of vehicles in convoy and use of flags and stickers on vehicles. Consequently, the former instruction stated above is modified and superseded by this instruction regarding nu mber of vehicles to be allowed to go in a caravan on the road during the period of election campaign by leader(s) who have availed of the benefit of clause (A) of the explanation given und er section 77(1) of the Representation of the People Act, 1951. The restriction on number of vehicles in a convoy has been withdrawn, however, vehicles in the convoy have to conform to the condition as mentioned in the later instruction referred above. (ii) In case the mode of road transpo rt is to be availed of political parties availing the benefit of clause (a) of explanation given under Sec. 77(1) of Representation of the People Act, 1951, the permit will be issued centrally by the Chief Electoral Officer irrespective of whether the same vehicle is to be used by any leader for election campaigning throughout the State or different vehicles are to be used by such party leaders in different areas. The permit will be issued against the name of the person concerned who will display it prominently on the windscreen of the vehicle being used by him/her in any area. TheCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E6 .txt Commission’s letter No. 437/6/INST/2008 -CC&BE, dated 31st October, 2008 regarding use of Road Transport by party campaigners availing the benefit to clause (a) of explanation given under Section 77 (1) of the R. P. Act, 1951 whether the same vehicle is to be used by any leader for election campaigning throughout the State or different vehicles are to be used by such party leaders in different areas. The permit will be issued against the name of the person concerned who will display it prominently on the windscreen of the vehicle being used by him/her in any area. The permits so issued by the Chief Electoral Officer will be of distinctly different colours from the permits to be issued by the District Election Officers/Returning Officers for candidates. (iii) If the vehicle so permitted in item (ii) above is also occupied by any other person than the leader referred to in item (ii), in that case, the 50% expenditure of the same shall be book ed in the expenditure of concerned party contesting candidate from that constituency. (iv) In case of Video – Vans etc. to be used by a political party for campaign across the states, before any permission to use Video-Vans for campaign is given, it should be 235 ensured by Chief Electoral officer that such use of vehicle is in accordance with the Mo tor Vehicle Act. Attention in this context is invited to the judgments dated 23.06.2006 andCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E6 .txt Commission’s letter No. 437/6/INST/2008 -CC&BE, dated 31st October, 2008 regarding use of Road Transport by party campaigners availing the benefit to clause (a) of explanation given under Section 77 (1) of the R. P. Act, 1951 14.02.2007 of the Allahabad High Court in writ petition No. 3648 (MB) of 2006 a copy whereof has been enclosed herewith. Respective D istrict Election Officers shall ensure that expenditure incurred on such vehicles is proportionately distributed against the expenditure of the contesting candidates of the party in the areas/constituencies where the Van/Vehicles has been used. This may be brought to the notice of all Political parties and all election related Officers immediately.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7 .txt _ Annexure –E7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol. IV Dated:15th October, 2013 To The Chief Electoral Officers of all States and UTs Sub: Opening of separate bank account for election expenditure by the candidates – matter reg. Sir/Madam, I am directed to state that the superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Electio n Commission under Article 324 of the Constitution. Reports are received that the candidates are spending excessive amount in election campaign, which disturbs the level playing field and are not showing correct expenses in the day to day accounts of their election expenses. Therefore, for maintaining the purity of election process, facilitating maintenance of correct accounts of election expenses by the candidates and a lso for their proper monitoring, the Election Commission of India hereby issues the foll owing instructions: (i) In order to facilitate monitoring of election expenditure, each candidate is required to open a separate bank account exclusively for the purpose of election expenditure. This account can be opened any time only for the purpo se of election, not later than one day before the date on which the candidate files his nomination papers. The Account Number of this bank account shall be communicated by t he candidate in writing to the Returning Officer (RO) of the constituency at the time of filing of his nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The saidCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7 .txt _ nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The said bank account should not be opened i n the joint name with any family member of the candidate or any other person, if he/she is not the election agent of the candidate. 237 (iii) The bank account can be opened anywhere in the state. The accounts can also be opened in any of the banks including the co -operative banks or in the post offices. The existing bank account of the candida te should not be used for this purpose as it has to be a separate bank account for election purpose. (iv) All election expenditure shall be made by the candidate, only from this bank account. All expenses to be incurred by the candidate on electioneering shall be deposited in this bank account, irrespective of its source of funding including candidate’s own fund. A self -certified copy of the statement of this bank account shall be submitted by the candidate to the DEO along with the statement of the accou nt of election expenditure as required to be filed within a period of 30 days from the date of declaration of results. (v) The candidate(s) shall incur his/her electi on expenses by crossed account payee cheque, or draft or by RTGS/NEFT from the bank acco unt opened for election purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for electionCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7 .txt _ purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for election expenses in the said bank account and all their election expenses are to be incurred only from the said account. (vii) The cand idate(s)is also required to ensure that neither their agents and their followers nor they themselves carry cash exceeding Rs.50,000/ - in the constituency during election process, as per direction of Hon’ble Supreme Court in case of Election Commission Vs. Bhagyoday Jan Parishad and Ors. (SLP No. CC 20906/2012). (viii) It is hereby clarified that if any election expenses are incurred without routing it through the said bank account or not by way of cheque or draft or RTGS/NEFT, as mentioned in para (v) abo ve, it will be treated that the candidate has not maintained the accounts in the manner, prescribed by the Commission. (ix) The DEOs shall issue suitable instruction to all the banks or post offices located in their districts to ensure that they open dedi cated counters for election purpose to facilitate prompt service to the candidates in opening of bank accounts. The 238 banks shall also allow withdrawals and deposits from the said account on priority basis during the election period.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7 .txt _ 2. I am directed to req uest you to bring it to the notice of all candidates, election officials and all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY *Note: - Please refer Annexure -E11 and E1 2. 239Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E8 .txt _ Annexure -E8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 9th June, 2015 To The Chief Electoral Officers of All States and UTs Subject : Donations etc., received by candidates from any person, entity or political party for the purpose of election campaign during election - regarding Sir/Madam, The Commission vide its instruction No.76/Instructions/2013/EEPS/Vol.IV dt. 15.10.2013 has p rescribed that each candidate shall open a separate bank account for election campaign purposes, through which all amounts meant for campaign expenses will be routed. The Commission has also issued instruction No. 76/PPEMS/Transparency/2013 dt.29.08.2014 to the political parties, for making all payments to the candidates by account transfer and not in cash. 2. It has come to the notice of the Commission that apart from political parties, candidates also often receive large donations or loan in cash during election process from other persons or entities for their election campaign expenses. In so far as political parties are concerned, they are required to declare the do nations received in excess of twenty thousand rupees, before the Election Commission, as per the provisions of section 29 C of the R. P. Act, 1951 for claiming tax relief under I. T. Act, 1961.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E8 .txt _ 3. In keeping with the above instructions, the Commission hereby directs that in the interest of transparency and accountability, the candidate(s) sha ll also not receive any donation or loan in cash, in excess of Rs. 20,000/ -* from a single person or entity during the election process and all donations/loans in exces s of Rs. 20,000/ -* shall be received by the candidate by A/c payee cheque or draft or by account transfer and the candidate(s) shall maintain the full name and address of such persons/entities, which shall be mentioned in relevant columns of day -to-day accounts and the abstract statement of election expenditure. 4. You are requested to bring it to the notice of all candidates, political parties, DEOs, Expenditure Observers and officials concerned. Yours faithfully, Sd/- (S.K. Rudola) SECRETARY *Note: - Please refer Annexure -E11 and E1 2Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E9 .txt _ Annexure -E9 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I Dated: 19th February, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - General Election to Tripura Legislative Assembly, 2018 -Election Ex penditure Limit in adjourned poll for death of a candidate -Reg. Sir, I am directed to refer to the Commission’s notification no. 492/TP -LA/2018, dated 15.02.2018 (copy enclosed) on the subject cited and to clarify that as per section 77 of the R. P. Act, 1 951, the candidates already contesting the election and the newly nominated CPI(M) candidate for 19 -Charilam AC have to maintain their accounts of election expenses from the date of filing their nomination up to the date of declaration of result of 19 -Char ilam AC as per the schedule notified by the Commission vide its aforesaid notification dated 15.02.2018. As per Rule 90 of C. E. Rules, 1961, maximum limit of election expenditure for all the candidates already in the fray and the newly nominated CPI(M) ca ndidate for 19 -Charilam AC is Rs. 20 Lakh. 2. The candidates already contesting in 19 -Charilam AC will continue maintaining their accounts of election expenses as they are maintaining from the date of filing their nomination up to declaration of result of 19-Charilam AC. 3. Whereas, the newly nominated candidate of CPI(M) will maintain his accounts of election expenses from the date of filing his nomination up to declara tion of result of 19 -Charilam AC. 4. You are requested to bring this to the notice of co ncerned DEO, RO, other election authorities, Expenditure Observer, candidates and political parties urgently. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E10 .txt _ Annexure -E10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 7 6/ECI/INST/FUNC/EEM/EEPS/2018/Vol. VII Dated: 23rd March, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - Clarification reg arding signature by the candidate himself in the Affidavit in case of death case -Reg. Sir, With reference to your letter no. F.19 (60) -CEO/EEM/GEN/2017 -18, dated 18th March, 2018, I am directed to state that there is no in use for presume the case of accounts in event of death of a candidate and hence the requirement of Section 78 of the R. P. Act, 1951 will cease to be applicable in the case of Khagendra Jamatia, who was a contesting candidate at 29 -Kirshnapur Assembly Constituency (ST) on Trip ura Legislative Assembly Election, - 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRE TARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E11 .txt _ Annexure -E11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 12th November, 2018 To 1. The Chief Electoral Officers o f all States and UTs. 2. The President/General Secretary of all Political Parties 3. The Treasurer of all Political Parties Subject: - Revision of threshold Election Expend iture/Donation through cash transaction in a single day by the Candidates/Political Pa rties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. – Regarding. Madam/Sir, I am directed to refer to the Commission’s letter No. 76/Instructions/2011/EEM, dated 7th April. 2011, letter No. 76/Instructions/2013 /EEPS/Vol. IV, dated 15th October, 2013, letter No. 76/Instructions/EEPS/2015/Vol.II, dated 9th June, 2015 and letter No. 76/PPEMS/Transparency/2013, dated 29thAugust/1 9th November, 2014 (copies enclosed) issued under Article 324 of the Constitution wherei n it has been stated that the maximum amount for incurring expenditure in cash is Rs. 20,000/ -. The threshold of Rs. 20,000/ - for incurring of election expenditure by crossed account payee cheque, bank draft or by RTGS/NEFT has been revisited by the Comm ission having regard amendment made in Section 40 A (3) of the Income Tax Act, 1961 with effect from 1st April, 2017. It has been decided that henceforth all electio n expenditure/donation either by/to Candidate(s) or Political Parties exceeding Rs. 10,0 00/- (Ten Thousand) in all the situations covered in the afore -mentioned letters shall be incurred by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with bank account of the Candidate opened for election purpose or by Political Party.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E11 .txt _ 2. Accordingly, the figure/word mentioned as Rs. 20,000/ - in Para (1) of the Commission`s letter no. 76/Instructions/2011/EEM dated 7th April 2011, Para(v) of letter no. 76/Instructions/2013/EEPS/Vol. IV dated 15th October 2013, Para (3) of letter no. 76 /Instructions/EEPS/2015/Vol. II dated 9th June 2015, Para (iv) of the letter no. 76/PPEMS/Transparency/2013 dated 29th August 2014 and Para (5) of letter no. 76/PPEMS/Transparency/2013 dated 19th November 2014 shall be substitu ted with word and figure Rs. 10,000/ - (Ten Thousand) . 243 3. The instruction of the Commission shall come into effect prospectively from the date of issue of the letter. I n those cases, where elections have been announced by the Commission, the instruction ma y immediately be brought to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake holders. 4. This also disposes of the CEO, Rajasthan letter no. PA.3(1)(2)I/Aaykar/Nirva./2018/8348, dated 24th Octo ber, 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Note: - Please refer Annexure -D7, E7, E8, F4 and F6.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E12 .txt _ Annexure -E12 ELECTION COMMISSION OF INDIA Nirva chan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 30th November, 2018 To The Chief Electoral Officers of all States and UTs Subject: - Revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political P arties above Rs. 10,000/ - (Ten Thousand) by cheque, DD, RTGS/NEFT or other electronic mode etc. -Clarification -Regarding. Madam/Sir, I am directed to refer to the Commis sion’s letter of even number dated 12th November, 2018* regarding incurring of election expenditure by the candidate(s) and political parties exceeding Rs. 10,000/ - (Ten Thousand) by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with the bank account opened by the candidates for election purpose. A clarification has been sought as to whether this amount can be incurred by the candidate(s)/parties in a single day or multiple days or during the entire election proc ess to/from a single person/entity or multiple persons/entities. 2. In partial modifica tion of the Commission’s earlier letter dated 12th November, 2018, it is hereby stated that expenditure exceeding Rs. 10,000/ - (Ten Thousand) in connection with an election, consisting of a single transaction or an aggregate of transactions, entered into with a single person/entity during the entire poll period shall not be incurred by a candidate/political party unless the payment in respect of the same is made by way o f an account payee cheque or draft on a bank or account payee bank draft or by RTGS/NEFT or any other electronic mode linked to the bank account of the candidate.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E12 .txt _ 3. Further, it is stated that in respect of donations/contributions in cash received by the candidates from a single entity/person in a single or multiple transactions shall not ex ceed to Rs. 10,000/ -. However, in the case of political parties the receipt from donations/contributions shall continue to be governed by the existing provisions of Sec tion 29C of the R. P. Act, 1951. 4. You are requested to bring the above mentioned clar ification to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake - holders. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Copy to: - The President/General Secretary/Treasurers of all Political Parties. *Note: - Please refer Annexure - E11. 245Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F1 .txt _ Annexure –F1 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions /2010 Dated: 20th October 2010 To The President/General Secretary, All Recognized National and State Political Parties Subject: Measures taken by Election Commissi on to curb use of money power during elections regarding. Sir/Madam, Instanc es are reported to Commission and also in Media that cash, liquor and several utility items are being used in a clandestine manner during the process of elections for bringing in fluence on the voters. Such distribution of cash, liquor or any other item for gratification of the voters is bribery and is punishable under Indian Penal Code. It is also corrupt practice under R . P. Act, 1951. 2. During the Commission’s meeting with all political parties, held on 4th October 2010 the use of money power during elec tions was discussed and the Commission’s instructions to monitor elect ion expenditure during general election to the Legislative Assembly of Bihar were welcomed by all the partie s. (Copies of Commission’s instructions are available on the website: www.eci.gov.in .) 3. To curb the incidence of such offences the Commission has issued instructions to the Law Enforcement Agencies to form flyin g squads to keep watch over distribution of cash, liquor and other items in th e constituencies during the election process and seize the said items. The services of Investigation Directorate of Income Tax Department have also been requisitioned to keep vig il over movement of cash through Airports, major Railway Stations, Hotels, Far m Houses, Financial Brokers and Hawala Agents. The Commission has also advised the candidates to open separate bank accounts for their election expenses and to make all election expenses through the said bank accounts.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F1 .txt _ 4. It is needless to point out that a ny fund provided by the party to its candidates for election purpose a re required to be reflected in the day to day accounts of election expenditure of the candidate and the part ies are also required to maintain and lodge the accounts before the Commission after the election is over. 253 5. In order to maintain the purity of elections and in particular to bring transparency in the process of elections it is advised that political part ies avoid transactions in cash and should instruct their office bearers, offic ials, agents and candidates not to carry huge cash during the on -going process of elections. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (Anuj Jaipuriar) Secretary Copy to: 1. All CEOs wit h request to bring it to notice of all concerned. 2. Chairman, Central Board of Direct Taxes, North Block, New Delhi -110001 3. Director General of Income Tax (Inv), B.C Patel Mar g, Patna -800001 for necessary action. 254Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F2 .txt _ Annexure –F2 ELECTION COMMISSION OF IN DIA NRIVACHAN SADAN ASHOKA ROAD NEW DELHI 110001 No. 76/Instructions/2012/EEPS Date: 9th February 2012 To The Chief Electoral Officers of 1. Punjab 2. Uttar Pradesh 3. Uttarakhand 4. Manipur 5. Goa Sub:- General Elections to the Legislative Assemblies of Punjab, Uttar Pradesh, Uttarakhand, Manipur and Goa-2012-Addition of expenditure on travelling by Aircrafts/Helicopter by contesting candidate and star campaigners after the date of poll-Reg. Sir/Madam, Instances have been reported by the Media that many contesting candidates, including star campaigners of the political parties, use Aircrafts/Helicopters after the date of poll and clarifications h ave been sought by various political parties regarding expenditure on such travel. In the subject matter, it is clarified as under:- (i) The expenses after the poll and before the date of counting, which can be said to be in connection with the election shall alone be accounted for by the candidates as per section 77 of the Representation of the People Act, 1951. (ii) Therefore, after the poll, the expenses on travel of a Star Campaigner or a candidate (not connected with his election) shall not be added to any candidate. If the Star Campaigner/Candidate visits his constituency, where he has contested the election, the travel expenses within the constituency for overseeing the counting arrangements before, or on, the date of counting shall be added to his account. The travel expenses outside the constituency will not be added to his account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of election.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F2 .txt _ 2. In this regard, you are hereby requested to inform all the District Election Officers as well as the political parties in the state. Yours faithfully Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to : All National Parties for information 255Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Annexure-F3 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashok a Road, New Delhi -110001 No. 76 /EE/2012 -PPEMS Dated: 21st January, 2013 To The President/ General Secretary, (All Political Parties) Subject: Mod ification of Pro-forma for filing “Statement of Election Expenditure” by the Political parties – to be filed within 75 days of Assembly elections/ 90 days of Lok Sabha election. Sir/ Madam, 1. I am directed to inform that as per the directions of the Hon’ble Supreme Court, in the case of Common Cause v/s Union Of India & Oth.,(AIR 1996 SC 3081) the E lection Commission has prescribed a pro-forma vide its letter dated 27.12.2001, 22.03.2004 and 13.01.2009 in which the political parties are required to submit, for the Commission’s scrutiny, the statement of their election expenditure relating to each election to Lok Sabha/ State Legislative Assembly. The statement, filed by political parties are put on the website of Commission. 2. I am further directed to inform that a software is being developed by the Commission to process the relevant information in a more systematic and structured manner. Therefore, the Commission has modified the said pro-forma which is enclosed herewith and is also available on its website. The s aid modified pro-forma provides for information relating to expenditure at party Central Head Quarters in Part-A, information at State Unit (s) of the party or by State party (including the districts/ Local units) in Part-‘B’, the summary of the information in part ‘C’ and v erification in Part-‘D’. The details of expenditure are to be provided in the schedules as per the pro-forma. The modified pro- forma also bifurcates expenditure of political parties for General party propaganda and expenditure attributable to candidates, for better clarity and accountability.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 3. The requisite information is sought to enable scrutiny of the expenditure, incurred or authorized by the parties or the candidates, set up by them vis-à-vis exemptions claimed by them in terms of explanation (1) to Section 77(1) of the Representation of the People Act, 1951 in their returns of election expenses, filed under Section 78 of the said Act. 4. I am further directed to inform that all political parties shall file the “Statement of Election Expenditure” in this modified pro-forma for all elections, to be held after 1st Jan., 2013 in a hard copy and in soft form on a CD. 5. This may be brought to the notice of all concerned and the receipt of this letter may kindly be acknow ledged. Yours faithfully, Sd/- (VARINDER KU MAR ) SECRETA RY Encl: As Above Copy to: All CEOs to bring it to notice of all political parties in the State, DEOs and ROs 256 STAT EMENT OF ELECTION EXPE NDITURE OF POLITICAL PARTY IN ELECTIONS TO LOK SABHA/ASSEMBLY (from the date of announcement of election till the date of completion of election) 1. Name of political party: …………………………………………… 2. Election to the Lok Sabha/Legislative Assembly of State……………………… (mention t he name of the state in case of Assembly and strike out which is not relevant) 3. Date of announcement of election ……………4 . Date of completion of election………… PART - A 5. Details of Election Expenditure incu rred/autho rized at Party Central Headquarters 5.1 a. Opening balan ce of party funds at Party Central Headquarters (on date of ann ouncement of election) Amount Description Amount (i) Cash in hand (ii) Bank balance (Please mention name of the bank and bra nch) TotalCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 5. Details of Election Expenditure incu rred/autho rized at Party Central Headquarters 5.1 a. Opening balan ce of party funds at Party Central Headquarters (on date of ann ouncement of election) Amount Description Amount (i) Cash in hand (ii) Bank balance (Please mention name of the bank and bra nch) Total 5.2 a. Gross receipts of Party Central Headqua rters from all sources from the announcement of election to the date of completion of election Amount Description Amount (i) Cash (ii) Cheque or draft etc. (iii) In kind (Received complimentary goods or services from any person/entity) (Please mention details and notional value of such item- goods or services such as helicopter services etc. received as complimentary from any person/entity) Total 257Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 5.3 a. Gross Expenditu re incurred/autho rized by Party Central Headqua rters for general Party propaganda from the anno uncement of elect ion to the date of completion of elect ion ( If more than one state are involved, then the state wise total expenses incurred by the Party Central Head Quarte rs is to be given in Schedule-1) Description of Gross expe nditure by Party Central Headquarters Amount (i) Cash (ii) Chequ e/ draft etc. (iii) Expenditure au thorized, b ut rema ining outstanding on date of completion of election Total b. Breaku p of the above general Party propaganda expenses incurred/autho rized by Party central headquarters (i) Travel expenses of Star Campaigners as mentioned in explanation 1 of Section 77 of R.P. Act,1951 (Details to be enclosed in format given in Schedule- 2) (ii) Travel expenses of leaders other th an Star campaigners. (Details to be enclosed in format given in Schedule- 2A) (iii) Expense on Media advertisement (print and electronic, bulk sms, cable, website, TV channel etc.) on General Party propaganda (Details to be enclosed in format given in Schedule- 3) (iv) Expense on Publicity Materials including posters, banners, badges, stickers, arches, gates, cutouts, hoardings, flags etc. for general party propaga nda (Details to be enclosed in format given in Schedule- 4) (v) Expense on Public meetings/processions/rally etc. for gener al party propaga nda (Details to be enclosed in format given in Schedule- 5) (vi) Any other expense towards General Party propaganda (Details to be enclosed in format given in Schedule- 6) Total expen se on gene ral party propaganda 258Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 5.4 a. Gross Expenditu re incu rred/autho rized by Party Central Head Quarters for the Candidate(s) (i) Total lump sum payment(s) to candidate(s) of the party or other candidate(s) author ized/ incurred by Party Central Head Quarte rs, either in cash or by In struments like- cheque/ DD/PO/RTGS/Fund Tran sfer etc. (Details to be enclosed in format g iven in Schedule- 7) (ii) Total Expense on Media Advertisement (print and electronic, bulk sms, cable, website, TV channel etc.) for specific candidate(s) with photo or name or attr ibutable as election expenses of candidate( s) (Details to be enclosed in format given in Schedule- 8) (iii) Total expense on Publicity Materials (like posters, banners, election mate rial etc) with photo and/or n ame of the candidate(s) (Details to be enclosed in format given in Schedule- 9) (iv)Total Expense (Other than general party propaganda) on Public meetings/pro cessions etc (barr icades /audio etc /hired vehicles for the audience /suppor ters) at the ra lly of Star Campa igners or other leaders with candidate(s) (Details to be enclosed in format given in Schedule- 10) (v) Any other expense for candidate(s) (Details to be enclosed in format given in Schedule- 11) (vi) Expenditure incurred on publishing criminal antecedents of the candidate(s) by Party Central Headquarters (Details to be enclosed in format given in Schedule -23A) (vii) Expenses on virtual campaign through Social Media platfor ms/Apps/Other means by Party Central Headquarters (Details to be enclosed in format given in Schedule 24A) Total expen se on candidate ( s)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 5.5 Total lump sum amount given by Party Central Headquarters to State Unit(s) of the Party (including the districts and local units ) or other party for election expen ses (Please mention state wise amoun t). If political party makes paym ent(s) on more than one occasion then date wise details are to be mentioned. Name of State Unit of Party to which payment made/ Name of Other Political Party (if any) Date(s) of Payment Cash, Cheq / DD no. et c Amount 1 2. 259 3. etc. Total 5.6 a. Closing Balance of party funds at Party Central Headquarters on the completion of election Amount Description Amount (i) Cash in hand (ii) Bank balance (Please ment ion name of the bank and branch) Total 260 PART – B 6. Details of Election Expenditu re incurred/autho rized by State Unit of the political party or by State Party Headquarter including all district level and local units for the State of …………………………………. I. If political party incurs/ authoriz es election expenses in more than one state, the details for each state is to be given in separate sheet as per this pro-forma, II. The state political party having headquarters within t he state shall submit r epo r t in this pro-form. 6.1 a. Opening balan ce of State Unit (including district level units and local units) ( on the date of annou ncement of e lection) Amount Description Amount (i) Cash in hand (ii) Bank Balance (Please ment ion name of the bank and bra nch) TotalCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 6.1 a. Opening balan ce of State Unit (including district level units and local units) ( on the date of annou ncement of e lection) Amount Description Amount (i) Cash in hand (ii) Bank Balance (Please ment ion name of the bank and bra nch) Total 6.2 a. Gross receipts from all sources from the date of announcement of elect ion to the date of completion of election by State Unit (including district level units and local units in the state) Description Amount (i) Cash (ii) Cheque or Draft e tc. (iii) In kind (Received complimentary goods or services from any person/entity) (Please mention notional value of such item- goods or services such as helicopter services etc. received as complimentar y from any person /entity) TotalCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 6.3 a. Gross Expenditu re incurred / autho rized by State Unit (including district level units and local units) for General Party propaganda (from the date of announ cement of election to the date of completion of election) Description of Gross expe nditure by State Unit Amount (i) Cash (ii) Cheque/ draft e tc. (iii) Expenditure au thorized, b ut rema ining outstanding on date of completion of election Total 261 b. Break up of expenditu re for gene ral party propaga nda incurred by State Unit (including District level Units and local units) (i) Travel expenses on Star Campa igner(s) incurred by State Unit (Details to be enclosed in format given in Schedule- 12) (ii) Travel expense on Other leaders by State Unit (Details to be enclosed in format given in Schedule- 13) (iii) Expense on Media Advertisement (print and electronic, bulk sms, cable, website and TV Chann el etc.) on General Party propag anda by State Unit (Details to be enclosed in format given in Schedule- 14) (iv) Expense on Publicity Materials including po sters, banners, badges, stickers, arches, gates, cutouts, hoardings, flags etc for general party propaganda by State Un it (Details to be enclosed in format given in Schedule- 15) (v) Expense on Public meetings/processions/Rally etc. for general party propaga nda by Sate Unit (Details to be enclosed in format given in Schedule- 16) (vi) Any other expense for General Party propaganda by State Unit (Details to be enclosed in format given in Schedule- 17) TotalCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 6.4 a. Gross Expenditu re incurred or autho rized by State Unit for Candidate(s) inclu ding District level Units and local units attributable to candi date(s) (other than for gene ral party propaganda) (i) Total lump sum payment(s) to Candidate(s) of the party or other candidate(s) author ized/ incurred by State Unit, either in cash or by Instruments like- cheque/ DD/PO/RTGS/Fund Tr ansfer etc. (Details to be enclosed in format given in Schedule- 18) (ii)Tot al Expense on Media Advertisement (print and electronic, bulk sms, cable, website, TV Channel etc.) for the candidate(s) with photo or name of candidate (s) by State Unit (Details to be enclosed in format given in Schedule- 19) (iii) Total expense on Publicity Mater ials (like posters, banners, cut-outs, election mater ials etc) with photo and/or name of the candidate(s) by State Unit (Details to be enclosed in format given in Schedule- 20) 262 (iv)Tot al Expense by State Unit (Other than general party propaga nda) on barr icades /audio etc /hired vehicles for t he audience /supporter at the r ally of Star Campa igners with candidate(s) (Details to be enclosed in format given in Schedule- 21) (v) Any other expense for the candidate(s) by State Unit (Details to be enclosed in format given in Schedule- 22) (vi) Expenditure incurred on publishing criminal antecedents of the candidate(s) by State Unit (Details to be enclosed in format given in Schedule -23B) (vii) Expenses on virtual campaign th rough Social Media platforms/Apps/Other means by State Unit (Details to be enclosed in format given in Schedule 24B) Total expen se on candidate (s)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 6.5 Total lump sum amount given by State Unit of the Party (including the districts and local units) to Other party(s) for election expenses. If political party makes payment(s) on more than one occasion then date wise details are to be mentione d Name of State Unit of Party to which payment made/Na me of other Political Party (if any) Date (s) of Payment Cash, Cheque/DD etc. no. Amount 1 2 3. etc. Total 6.6 a. Closing Balance of State Unit of the Party ( including the districts and local units) on the completion of election Amount Description Amount (i) Cash in hand (ii) Bank balance (Please ment ion name of the bank and bra nch) Total 263 PART-C 7. Summary of all Receipts and expenditure incurred / authoriz ed by the Political Party during election (from the date of announcement of election till completion of election) as mentioned in tables in Part –A and B. A Name of the Party B Date(s) of Poll C Election to: (mention the State names and Assembly / Lok Sabha Constituency ) D Opening Balance ( for Party Central Head Quarters and State/Dist./Local level units all included) Description Amount I. Cash in hand [5.1.a. (i)+6.1.a.(i) of all election re lated states] II. Cash in bank [5.1.a. (ii)+6.1.a.(ii) of all election related states] E Gross receip ts from date of announcement of elect ion to the date of completion of election (both at Party Cent ral Headqua rters and State/Dist./Loc al level units) Description Amount I. Cash [5.2.a.(i) + 6 .2.a.(i) of all states] II. Cheque or Draft [5.2.a. (ii) + 6.2.a.( ii) of all states] III. In kind (or complemen tary receipts) [5.2.a.( iii) +Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 6.2.a.(iii) of all election re lated states] IV. Total receipt(s) F Gross Expenditu re incurred/ autho rized for general Party propaganda from the date of announcement of election to the date of comp letion of election (both at Party C entral Headquarters and S tate/Dist./Local level units) Description Amount I. Cash or Cheque/ DD etc. [5.3.a.(i) +6. 3.a.(i) of all election related states] II. Cheque or Draft [5.3.a. (ii) +6.3.a.( ii) of a ll election re lated states] III. Expenditu re authorized, but remaining outstanding on date of completion of election [5.3.a.( iii) +6.3.a.(iii) of all election related states] 264 IV. Total Expenditu re on general party propaganda G Gross Expenditu re by Political Party incurred/ autho rized for the Candidate(s) other than general party propaganda (both at Party C entral Headqua rters and State/Dist./Local level units) Description Amount I. Cash or Cheque / DD etc. payment to candidate(s) [5.4.a.(i) +6.4.a.(i)] II. In kind- a. Media payments [5.4.a.(ii)+6.4.a.( ii) of a ll election related states] b. Publicity materials [5.4.a.(iii)+6.4(iii) of all election related states] c. Public meetings, processions etc.,[5 .4.a.(iv) +6.4.a.(iv) of all election related states] d. Any other expenses [ 5.4.a.(v) + 6.4. a.(v) of all election related states] e. Publicity of Criminal Anteced ents [5.4.a.(vi) + 6.4. a.(vi) of all election related states] III. Expense on virtual campaign through Social Media platforms / Apps / Other means [5.4.a.(vii) + 6.4.a.(vii) of all election related states] IV. Total Expenditu re on candidate(s) H Gross Total Expenditu re for general party propag anda and for candidate(s) [Total of F (IV) + G (IV) above of this table] I Closing Balance (both at Party Central Headqua rters and State/ Dist./Local level units) Description AmountCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election / Apps / Other means [5.4.a.(vii) + 6.4.a.(vii) of all election related states] IV. Total Expenditu re on candidate(s) H Gross Total Expenditu re for general party propag anda and for candidate(s) [Total of F (IV) + G (IV) above of this table] I Closing Balance (both at Party Central Headqua rters and State/ Dist./Local level units) Description Amount a. Cash in hand [5.6.a.(i)+ 6.6.a.(i) of election related states] b. Bank balan ce [5.6.a.(ii)+ 6.6.a.( ii) of election related states] c. Total Closing Balance 265 PART-D Verification I, Shri/Smt do hereby verify and declare that the account of election expenditure as furnished in the statement of election expenditure (Part A, B, C) includes all items of election expenditure incurred/authorized by the political party { Party Central Headquarters / State Unit (including District level & Local Units)}* in connection with the general elections/ Bye elections to the Lok Sabha/ ........................ State Assembly and nothing has been concealed or withheld/suppressed there from, and That the said statements of election expenditure, are true and correct account to the best of my knowledge and belief and no material fact has been concealed. Date Signature and Seal of Treasurer Or Authorized Person Counter signed by Signature of the Party President/ General Secretary Certified by the Auditor Signature and Seal of the Auditor *Strike out whichever not applicable 266 Expenses by Party Central Headquarters Schedule-1Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Counter signed by Signature of the Party President/ General Secretary Certified by the Auditor Signature and Seal of the Auditor *Strike out whichever not applicable 266 Expenses by Party Central Headquarters Schedule-1 State wise break up of Gross Expenditu re autho rized/ incurred by Party Central Head Quarters for general Party propaganda from the date of announc ement of election to the date of completion of election S. No. Name of the State Cash Cheque et c. Expend iture au thorized, but rema ining outstanding on date of completion of p oll Total 1 2 3 Total Schedule-2 Travel expenses of Star Campaigne r(s) autho rized/ incurred by Party Central Headquarters S. No. State and venue Date of the meet ing Name of the star campaigner Mode of Travel (Taxi, Helicopter, Aircraft e tc.) Name of the payee in case of Helicopter or Aircraft Total Amount (including outstanding amt.) 1 2 Total 267 Schedule-2A Travel expenses of Other leader(s) incurred/Autho rized by Party Central Headqua rters (including expenses after announ cement and before nomination) S. No. State and venue Date of th e meet ing Name of the leader Mode of Travel (Taxi, Helicopter, Aircraft e tc.) Name of the payee in case of Helicopter or Aircraft Total Amount (including outstanding amt.) 1 2 Total Schedule-3Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Date of th e meet ing Name of the leader Mode of Travel (Taxi, Helicopter, Aircraft e tc.) Name of the payee in case of Helicopter or Aircraft Total Amount (including outstanding amt.) 1 2 Total Schedule-3 Expense(s) on Media Advertisement (print and elect ronic, bulk sms, cable, website and TV Channel etc. )on General Party propagan da autho rized/ incurred by Party Central Head Quarters S. No. State Name of the payee Name of media (print/electronic/ sms, cable tv etc Date/s (of print/telecast /sms Total Amount (including outstanding amt.) 1 2 3 Total 268 Schedule - 4 Expense(s) on Publicity Materials includi ng poste rs, banners, badg es, stickers, arches, gates, cutouts, hoardings, flags etc for general party propaganda authorized/ incurred by Party Central Head Quarters S. No. State No. and Name of the Assembly/ Parl. Constituency Details of the items Total Amount (including outstanding amt.) 1 2 3 Total Schedule - 5 Expense(s) on Public meet ings /processio n/Rally ( like dias / audio/ barricade/ vehicles etc.) authorized/incurred by Party Central Headquarters S. No. State and Venue Date of the meet ing/pro cession/ Rally Details of items Total Amount (including outstanding amt.) 1 2 3 Total 269 Schedule - 6Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election authorized/incurred by Party Central Headquarters S. No. State and Venue Date of the meet ing/pro cession/ Rally Details of items Total Amount (including outstanding amt.) 1 2 3 Total 269 Schedule - 6 Any other expense (s) for General Party propaganda authorized/ incurred by Party Central Head Quarters S. No. State Purpose Date Details of items Total Amount (including outstanding amt.) 1 2 3 Total Schedule - 7 Total lump sum payment (s) to Candidate(s) of the party or other candi date(s) if, any autho rized/ incurred by Party Central Head Quarters, either in cash or by Instruments like- cheque/ DD/PO/RTGS/Fund Transfer etc. If polit ical party makes payment (s) to candidate(s) on more than one occasion then date wise details are to be mentioned. S. No. Name of the State / No. and Name of the Assembly/Parl. Constituency Name of Candidate(s) a nd name of Party to be mentioned in case of other party Date(s) of payment Cash Amount Cheq / DD no. et c. and Date Total Amount pa id 1 2 3 4 Total 270 Schedule - 8 Total Expense on Media Advertisement (print and electronic, bulk sms, cable, website, TV Channel etc.) for specific candidate(s) with photo or name of candid ate or attributable to any candidate(s) authorized/ incurred by Party Central Headquarters S. No. State Name of the candidate(s) Name of media (print/electronic/sms/ cable tv etc Date (of print/telecast /sms Total Amount (including outstanding amt.)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Channel etc.) for specific candidate(s) with photo or name of candid ate or attributable to any candidate(s) authorized/ incurred by Party Central Headquarters S. No. State Name of the candidate(s) Name of media (print/electronic/sms/ cable tv etc Date (of print/telecast /sms Total Amount (including outstanding amt.) 1 2 Total Schedule -9 Total expen se on Publicity Mate rials (like poste rs, banners, election mate rials etc) with photo and/or name of the candida te(s) or attributable to candi date(s) and authorized/ incurred by Party Central Headquarters S. No. State/No. and Name of the Assembly/Parl. Constituency Name of the Candidate(s) Details of the item Total Amount (including outstanding amt.) 1 2 Total 271 Schedule - 10 Total Expense authorized / incurred by Party Central Headquarters (Other than general party propaganda) on Public meet ings /processions etc (barricades /audio etc /hired vehic les for the audience /suppo rters at the rally of Star Campaigne r(s) or other leaders with candidate(s) S. No. State and venue Name( s) of the Star campaigner(s) and other leader(s) Name of the Candidate(s) Date Items of expenditure Total Amount (including outstanding amt.) 1 2 Total Schedule - 11 Any other expense (s) for the candidate(s) autho rized/ incurred by Party Central Headquarters S. No. State No. and Name of the Assembly/Parl. Constituency Name of the Candidate(s) Details of the items Total Amount (includingCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 2 Total Schedule - 11 Any other expense (s) for the candidate(s) autho rized/ incurred by Party Central Headquarters S. No. State No. and Name of the Assembly/Parl. Constituency Name of the Candidate(s) Details of the items Total Amount (including outstanding amt.) 1 2 3 Total 272 Statewise Details of Election Expenses Name of the State ............................................ Schedule-12 Travel expenses of Star Campaigne r(s) autho rized/ incurred by State/ Distt./ Local Units S. No. State and Venue Date of meet ing Name( s) of the star campaigner(s) Mode of Travel (Ta xi, Helicopter, Aircraft e tc.) Name of the payee in case of Helicopter or Aircraft Total Amount (including outstanding amt.) 1 2 3 Total Schedule-13 Travel expen ses of other leader(s) autho rized/ incurred by State/ Distt./ Local Units ( including expenses after announce ment and before nomination) S. No. State and Venue Date of meet ing Name of the leader( s) Mode of Travel (Taxi, Helicopter, Aircraft e tc.) Name of the payee in case of Helicopter or Aircraft Total Amount (including outstanding amt.) 1 2 Total 273 Schedule-14 Expense(s) on Media Advertisement (print and elect ronic, bulk sms, cable, website and TV Channel etc. )on General Party propagan da authorized/ incurred by State/ Distt./ Local Units S. No. State Name of the payee Name of media (print/electronic/sms, cable tv, website, TV Channel etc.) Date (ofCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election 273 Schedule-14 Expense(s) on Media Advertisement (print and elect ronic, bulk sms, cable, website and TV Channel etc. )on General Party propagan da authorized/ incurred by State/ Distt./ Local Units S. No. State Name of the payee Name of media (print/electronic/sms, cable tv, website, TV Channel etc.) Date (of print/telecast/sms etc.) Total Amount (including outstanding amt.) 1 2 Total Schedule - 15 Expense(s) on Publicity Materials includi ng poste rs, banners, badges, stickers, arches, gates, cutouts, hoardings, flags etc for general party propaganda authorized/ incurred by State/ Distt./ Local Units S. No. State No. and Name of the Assembly/Parl. Constituency Details of the items Total Amount (including outstanding amt.) 1 2 Total Schedule - 16 Expense(s) on Public meet ings /processio n/Rally ( like dias / audio/ barricade/ vehicles etc.) authorized/incurred by State/ Distt./ Local Units S. No. State and Venue Date of the meet ing/pro cession/Rally Details of items Total Amount (including outstanding amt.) 1 2 Total 274 Schedule - 17 Any other expense (s) for General Party propaganda authorized/ incurred by State/ Distt./ Local Units S. No. State Purpose/Details of the items Date of e xpenditure Total Amount (including outstanding amt.) 1 2 Total Schedule - 18Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Schedule - 17 Any other expense (s) for General Party propaganda authorized/ incurred by State/ Distt./ Local Units S. No. State Purpose/Details of the items Date of e xpenditure Total Amount (including outstanding amt.) 1 2 Total Schedule - 18 Total lump sum paym ent (s) to Candidate(s) of the party or other candidate (s) if, any autho rized/ incurred by State/ Distt./ Local Units, either in cash or by Instruments like- cheque/ DD/PO/RTGS/Fund Transfer etc. If State/ Distt./ Local Units makes payment (s) to candidate(s) on more than one occasion then date wise details are to be mentioned. S. No. Name of the State / No. and Name of the Assembly/ Parl. Constituency Name of Candidate(s) and name of Party to be mentioned in case of other party Date(s) of payment Cash Amount Cheq / DD no. et c. and Date Total amount pa id 1 2 3 4 Total Schedule - 19 Total Expense on Media Advertisement (print and electronic, bulk sms, cable, website, TV Channel etc.) autho rized/ incurred by State/ Distt./ Local Units for specific candidate(s) with photo or name of candidate(s) or attributable to any candidate(s) S. No. State Name of the candidate(s) Name of media (print/electronic/ sms/ cable tv, etc Date (of print/telecast/sms etc.) Total Amount (including outstanding amt.) 1 2 275 Total Schedule -20 Total expen se on Publicity Materials (like poste rs, banners, election mate rials etc) with photoCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Name of media (print/electronic/ sms/ cable tv, etc Date (of print/telecast/sms etc.) Total Amount (including outstanding amt.) 1 2 275 Total Schedule -20 Total expen se on Publicity Materials (like poste rs, banners, election mate rials etc) with photo and/or name of the candida tes or attributable to candi date(s) autho rized/ incurred by State/ Distt./ Local Units S. No. State/No. and Name of the Assembly/Parl. Constituency Name of Candidate(s) Details of the items Total Amount (including outstanding amt.) 1 2 Total Schedule - 21 Total Expen se authorized / incurred for the candidate(s) by State/ Distt./ Local Units (Other than general pa rty propaganda) on Public meetin gs /processions etc., (barricades /audio etc., /hired vehicles for the audien ce /suppo rters at the rally of Star Campaigne r(s) or other leader(s) S. No State and venue Name( s) of the Star campaigner(s) and other leader(s) Name of the Candidate(s) Date Items of expenditure Total Amount (including outstanding amt.) 1 2 Total Schedule - 22 Any other expense (s) for the candidate (s) autho rized/ incurred by State/ Distt./ Local Units S. No. State No. and Name of the Assembly/Parl. Constituency Name of the Candidate(s) Details of the items Total Amount (including outstanding amt.) 1 2 Total 276 Schedule - 23 ACompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election S. No. State No. and Name of the Assembly/Parl. Constituency Name of the Candidate(s) Details of the items Total Amount (including outstanding amt.) 1 2 Total 276 Schedule - 23 A Total expenses incurred/authorize d on publishing criminal antecedents , if any, of candi dates sponsored by the political party located in Central Headq uarters Sl. No. Website Newspaper Television Mode of payment (electronic/ch eque/ DD/Cash) (Pl. specify) Period during which displayed Name(s) of Newspaper Date(s) of publishing Expenses incurred (in Rs.) Name(s) of channel Date(s) & Time of insertion/telecast Expenses incurred (in Rs.) 1 2 3 4 5 6 7 8 9 Sche dule - 23 B Total expenses incurred/authorized o n publishing criminal antecedents , if any, of candida tes sponsored by the political party located in State/ Distt./L ocal Units Sl. No. Website Newspaper Television Mode of payment (electronic/ch eque/ DD/Cash) (Pl. specify) Period during which displayed Name(s) of Newspaper Date(s) of publishing Expenses incurred (in Rs.) Name(s) of channel Date(s) & Time of insertion/telecast Expenses incurred (in Rs.) 1 2 3 4 5 6 7 8 9 Schedule 24A Total expenses incurred/authori zed on virtual campaign through Social Media platforms/App s/Other means on General Party Propaganda authorized incurred by Party Central Head Quarters Sl. No. State Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of conte nt creator Name of media to disseminate message Total Amo unt (including outstanding amount) 1 2 3 4 5 6 277 Schedule 24B Total expenses incurred/authorized on virtual campaign through Social MediaCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F3 .txt Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “Statement of Election Expenditure” by the Political parties within 75 days of Assembly elections/90 days of Lok Sabha election Head Quarters Sl. No. State Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of conte nt creator Name of media to disseminate message Total Amo unt (including outstanding amount) 1 2 3 4 5 6 277 Schedule 24B Total expenses incurred/authorized on virtual campaign through Social Media platforms/Apps/Other means on General Party Propaganda authorized incurred by State/District/Local Units Sl. No. State Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of content creator Name of media to disseminate message Total Amount (including outstanding amount ) 1 2 3 4 5 6 (Revised by the Commi ssion vide its letter no. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022, placed at Annexure -F9) 278Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4 .txt _ Annexure - F4 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -11000 1 No.76/PPEMS/Transparency/2013 Dated: 29th August, 2014 To 1. The President/General Secretary of all Political parties. 2. The Treasurer of all Political parties. Subject: Guidelines on transparency and accountability in party funds and election expenditure mat ter – regarding. Sir/Madam, Under Article 324 of the Constitution, Election Commission of India is vested with the responsi bility to conduct free and fair elections. Concerns have been expressed in various quarters that money power is disturbing the lev el playing field and vitiating the purity of elections. To curb the abuse of money power during elections, the Election Commission has issued several instructions in the past to the candidates and political parti es from time to time. 2. It is desirable f or the political parties to observe transparency and accountability in respect of funds raised and expenditure incurred, both during elections and in other times. Further, in the interest of conduct of free and fair elections it is necessary and expedient to provide guidelines for bringing transparency and accountability with regard to fund of political parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4 .txt _ 3. In order to formulate the guidelines, the Commission sought comment/suggestions/inputs from all rec ognized political parties. While most of t hese parties supported the issue of transparency guidelines, some other had a different view. Having regard to the suggestio ns received from the political parties and in the interest of purity of election proces s, the Commission hereby issues the followin g guidelines under Article 324 of the Constitution, to bring transparency and accountability in funding of political parties: - (i) Provision (a) to Section 13A of Income Tax Act 1961, inter -alia, provides that political party shall keep and maintain such boo ks of accounts and other documents as would enable proper deduction of its income there from. Accordingly, it is required th at (a) the 279 treasurer of the political party or such person as authorized by the party, besides ensuring maintenance of the accounts at all Sate and lower levels, shall maintain consolidated accounts at the central party Head Quarters as required under the aforesaid provision, (b) the accounts so maintained by him/her shall conform to the guid ance note on Accounting and Auditing of political parties, issued by the Institute of Chartered Accountants of India (ICAI), and (c) the Annual Accounts shall be audite d and certified by the qualified practicing Chartered Accountants. (ii) The Commission has amended the requirements for registration of a new political party w.e.f. 8th October 2010, which inter -alia, require a party to submit a copy of its audited annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state thatCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4 .txt _ annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state that no deduction shall be all owed on the contributions made in cash by any person or company to a political party. Accordingly, the political party shall maintain name and address of all such individuals, companies or entities making donation to it, excepting petty sums, donated by th e public only during its public rallies. Further, any amount/donation received in cash, shall be duly accounted in relevant account books and deposited in the Party’s bank account within a week of its receipt. However, the Party can retain a reasonable a mount required for day to day functioning of the Party and for defraying the cash expenses. (iv) Section 40A(3) of Income Tax Act, 1961, provides that all payments exceeding Rs.20,000/ -* by any business entity to a person in a day are required to be made by account payee cheque/draft, except the exempted category as provided in Rule 6 DD of Income Tax Rules, 1962. Similarly, if a party is incurring any expenditure, it shall ensure that no payment in excess of Rs.20 ,000/-* is made in a day to any person or co mpany or entity in cash, except where (a) the payment is made in a village or town, which is not served by a bank; or (b) the 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidatesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4 .txt _ 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidates for their election expenses, such assistance shall not exceed the prescribed ceiling. Any payment in this regard by the party shall be made only through crossed account payee cheque or draft or through bank account transfer and not in cash. (vi) While the recognized political parties shall f ile all reports, namely, the contribution reports in Form 24A, the audited Annual Accounts as certified by the Chartered Acco untants, referred to in para 3 (i) above, and the Election Expenditure Statements, with the Election Commission of India, the unrec ognized parties shall file the same with the Chief Electoral Officer (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4 .txt _ 4. The above guidel ines shall apply to all political parties w ith effect from 1st October 2014. Yours faithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: 1. All CEOs with request to bring it to the notic e of all political parties of their respective states. 2. The Chairman, Central Board of Direct Taxes, North Block, New Delhi for making relevant rules for the political parties. 3. The President, Institute of Chartered Accountants of India, ICAI Bhawan, Indrapr astha Marg, Post Box No.7100, New Delhi – 110022, for incorporating the points in the Guidance note on political parties. Note:- *Please refer Annexure -E11 & E12 **Please refer Annexure -F10 281Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5 .txt _ Annexure –F5 ELECTION COMMISSION OF INDIA Nirvachan Sada n, Ashoka Road, New Delhi – 110001 No.76/PPEMS/Transparency/2014 Dated: 14th October, 2014 To The Chief Electoral Officers of All States and U T’s. Subject: Guidelines on transparency and accountability in party funds and election expenditure - submission of reports by unrecognized political parties – regarding. Sir/Madam, I am directed to refer the Commission’s letter of even No. dated 29th August, 2014 o n the subject cited and to state the recognized political p arties shall file all reports, namely, (a) the contribution reports in Form 24A, (b) the Audited Annual Accounts, with Auditor report and (c) the Election Expenditure Statements, wi th the Election Commission of India and the unrecognized parties shall file the same with the Chief Electoral Officers (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner. The above m entioned guidelin es are applicable to all political parties with effect from 1st October, 2014. (Copy enclosed) 2. In view of the above I am directed to request you to bring it to the notice of all such unrecognized political parties having their Head Qua rters/official address for correspondence in the state, as per the Commissi on’s Symbol Order notification, to submit the requisite reports in the office of the CEO. (A copy of the Commission’s Symbol Order Notification dated 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5 .txt _ 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference). 3. On receipt of the reports from the State level unrecognized political parties, the following procedure shall be followed by CEO office: (i) Scanned copies of the contribution reports, Annual audited accounts and Statements of election expenditure shall be uploaded on the websites of CEOs of the respective states, within 3 days of receipt of the same for viewing by the public. This should be do ne under the head ing “Reports and Accounts statements of State level Politic al parties”, with links from “current news.” (ii) The list of reports/statements filed by the unrecognized political parties shall be compiled and uploaded on the CEO’s website with in 24 hrs of the due date, as per proforma enclosed herewith (Annexure - A, B, C). The list shall be periodically updated by the CEO office, within 3 days of receipt statement/report from any political party. The status report should have links to the scan ned copy of the c oncerned party’s report/statements. (iii) The last dates fo r filling of reports/statements by political parties are as under: 1. Contribution reports - 30th September every year or such date, as extended by CBDT, for filing Income Tax Return.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5 .txt _ 2. Annual Audited account - 31st October every year. * 282 3. Statement of election expe nditure - within 75 days of completion of Assembly election and 90 days of completion of Lok Sabha election. (iv) In case of default in filling the reports/statements, it should be brought to the notice of the political parties concerned, by writing a lette r to that effect and the letter should also be put on the website of CEO. (v) A copy of the contribution report shall be forwarded to the Principal Chief Commissioner of Income Tax of the state concerned mentioning the date of submission of such report by the political party. The parties which have not submitted the contribution report in time shall be processed by the Income Tax Department, for denial of tax benefit in accordance with Section - 29 C of the R.P. Act. 1951. (vi) The contribution report shall also be forwarded to Ministry of Home Affairs, Government of India for scrutiny and action by that Ministry about any donation received from foreign sources, as defined under claus e (j) of Section 2 of Foreign Contribution (Regulation) Act, 2010. Yours f aithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: Director (IT) to facilitate the proposed changes in the website of CEO’s and ECI. * Please refer Annexure -F10 Annexure - A Status of filing Contribution report by the unrecognized parties ……………………………..(name of the respective state/UT) for the financial year………… Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5 .txt _ Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of t he report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - B Status of filing Annual Audit Report by the unrecognized parties having head quarters/office address in……………….(name of the respective state/UT) for the financial year 20…… Due date for filing Annual Audit Repo rt ……… ……………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Re mar ks Date of filing Total Receipt (In Rupees) Total Expend iture Date of filing Total Receipt (In Rupees) Total Expen diture 1 2 3 4(a) 4(b) 4(c) 5(a) 5(b) 5(c) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - C Status of filing Election Expenditure Statement for General Election to ……………… 20 …….. Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5 .txt _ Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral OfficerCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6 .txt _ Annexure - F6 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/PPEMS/Transparency/2013 Dated: 19th November, 2014 To 1. The President/ General Secretary of all political parties 2. The Treasurers of all Pol itical Parties Subject: Clarification of transparency guidelines for the political parties issued by Election Commission of India on 29.08.2014 - matter reg. Madam/Sir, Kindly refer to Co mmission’s letter No. 76/PPEM S/Transparency/2013 dated 29.08.2014, wherein the Commission issued transparency guidelines for the political parties invoking Article 324 of the constitution. Representations have been received from a few parties raising dou bt about the powers of the Commission and asking for clarifications on certain issues. After considering the representations, the following issues are hereby clarified: 1. Under Article 324 of the Constitution, the Commission has plenary powers and also sacred duty, to conduct free and fair elections in the country. O f late, the increasing use of Black money in election campaigns has been noticed and is causing serious concern all around. The use of black money in elections disturbs the level playing field and vitiates the purity of election process. Therefore, there was need to issue the transparency guidelines, in order to protect the purity of election process and for conduct of free and fair elections, as enshrined in the Constitution. There was legal vacuum in this area, whi ch can be filled by the Election Commi ssion of India as held by the Hon’ble Supreme Court in Mohinder Singh Gill vs CEC (AIR 1978 SC 851).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6 .txt _ 2. The guidelines have been framed after due consultation with all recognized polit ical parties. The lawful instructions, thus issued by the Commissio n under Article 324, are binding on all political parties and their violations shall affect the transparency of election process which is the bedrock of a democracy. 3. The instruction to political parties to file Annual Audited Accounts with the Commi ssion is essential for maintaining transparency in the functioning of political parties, which is an essential ingredient for conduct of free and fair election. The direction to maintain the name and address of the individuals, companies and entities maki ng donations to the political parties is intended to ensure that no funds are received by the political parties from prohibited sources as stipulated in section 29B of the R.P. Act 1951. H owever, the Commission is ali ve to the practice of raising funds by political parties through hundi/bucket collection in public meetings/rallies, where it is not possible to record the name and address of the donors. Therefore, the Commission has exempted such collections from the ambit of the above instruction. In case o f all donations other than those raised through hundi/bucket collection in a public meeting/rally, the record of name and address of each donor has to be maintained by the political party, as is done by all other socia l/civil society/organizations. 286 4. The cash received by political parties has to be deposited in its bank accounts within a period of 10 working days excepting the amount required to defray its day -to-day expenses. It is clarified that the total amount of cash in hand of a registered poli tical party for the purpose of defraying its day -to- day expenses shall not normally exceed the average monthly cash expenditure of the party during the last financial year.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6 .txt _ 5. All poli tical parties are required to submit their election expenditure sta tement before the ECI within 75 days of assembly election or 90 days of Lok Sabha elections as stipulated by the Election Commission of India in pursuance of the order of the Hon. Supreme Court and it is thus required that the parties file their true and c orrect statement of their election expenses within the stipulated time limit. Since all the political parties and candidates are having bank accounts and also the banks have extended servi ces to foster inclusiveness, all parties shall make payments in exc ess of Rs.20,000/ -* to a person or entity on a single day by account payee cheque or draft or by account transfer excepting the payments, mentioned in para (IV) of the said Transparency Gu idelines. This will help in curbing excessive flow of cash during e lections and will bring in transparency in the election expenditure of the parties. 6. It has been the endeavour of the Commission to maintain level playing field for all political parties and all candidates durin g elections. In the interest of con duct of free and fair elections, all parties are required to follow the transparency guidelines issued by the Commission, and violation of lawful direction of the Commission may entail act ion, as envisaged under para 16A of the Election Symbols (Reservati on and Allotment) Order, 1968. Yours faithfully, Sd/- (Malay Mallick) UNDER SECRETARY *Note: - Please refer Annexure -E11 and E1 2.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7 .txt _ Annexure -F7 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -1100 01 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The Chief Electoral Officer of All States/UTs Sub:- Filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration o f results of elections -Reg. Madam/Sir, I am directed to forward herewith copy of the Commission’s letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015, regarding filing o f a part election expenditure statement attributed to the candidate s by political parties within 30 days of declaration of results of elections, with the request to bring it to the notice of All Political Parties in your State/UT. A copy of the communicat ion sent to the party may be sent to the Commission for its referenc e and record. 2. You are further requested that election expenditure of the unrecognized parties attributed to the candidates and filed within 30 days of declaration of results shall be pu t on the website of CEO withi n 3 days of receipt. It may be noted t hat instructions regarding filing of election expenditure by the Political Parties as mentioned in the Commission`s letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 and letter no. 76/PPEMS/Transparency/2013,dated 29th August, 2014 shall continue as it is. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY Copy to Political Party Election Expenditure Monitoring Section and SDR Section 288 ELECTIO N COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The President/General Secretary 1. All National Parties 2. All State PartiesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7 .txt _ 1. All National Parties 2. All State Parties 3. All Un -Recognized Parties Sub:- Filing of part election exp enditure statement attributed to candidates by political parties within 30 days of declaration of results of elections -Reg. Madam/Sir, I am directed to refer to the Commission’s lett er no. 76/EE/2012 -PPEMS, dated 21st January, 2013, and letter no. 76/PP EMS/Transparency/2013, dated 29th August, 2014 (copies enclosed), and to state that the Political parties have to file their “Statement of Election Expenditure” within 75 days/90 days of comp letion of the general election to the Legislative Assembly/Lok S abha before the Election Commission of India (in the case of National and State Parties) or the Chief Electoral Officer of the State (in the case of unrecognized parties where party hea dquarte r is situated).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7 .txt _ 2. The total of the expenditure of which accoun t is to be kept under section 77 of the R.P. Act 1951 and which is incurred or authorised in connection with an election in a State or Union Territory has been prescribed under Rule 90 of the Conduct of Elections Rules, 1961. Generally, the political party contributes/donates, either in cash or in kind to the candidates set up by them during election for their election expenditure and the candidates have to show such expenditure in their statem ents. For the sake of transparency and reconciliation of account s of political parties and candidates, and in exercise of powers vested under Article 324 of Constitution in the Commission, it has been decided that the political parties have to file (i) a part statement, in addition to (ii) the final statement of elect ion expenditure required to be filed by the parties as above (within 75 days/90 days of completion of the general election to the Legislative Assembly/Lok Sabha), in respect of the lum p sum p ayments made by the party to the candidate, within 30 days after declaration of results of elections to Legislative Assembly/Lok Sabha in the format prescribed at Annexure -A, before the Election Commission of India (in case of National and State Parties) or the Chief Electoral Officer of the State (in case of unrecogn ized parties where party headquarter is situated). 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7 .txt _ 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289 4. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY Copy to Political Party Expenditure Monitoring Section (PPEMS) and SDR Section Below is Annexure A Name of the Party: Whether Recognized: ------------- (Yes Or No) Name of the Election: Date of Announcement of Election: Date of Completion of Election: Total lump sum payment(s) to Candidate(s) of the party or other candidate(s) if, any authorized incurred by Party either in cash or by instruments like -cheque/DD/P O/RTGS/Fund Transfer etc. If political party makes payment(s) t o candidate(s) on more than one occasion then date wise details are to be mentioned. Sl. No. Name of the State/No. and Name of the Assembly and /or Parl. Constituency Name of Candidate Date(s) of payment Cash amount Cheque /DD/PO/RT GS/Fund Transfer etc. Total ( 5+6) 1 2 3 4 5 6 7 1. 2. 3… Grand Total Date: Signature (Treasurer of the Political Party) Note: Separate annexures may b e filed for payments made /authorized by central headquarters o f a party, or by State units.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8 .txt _ Annexure -F8 ELECTION COMMI SSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII Dated: 8th May, 2019 To The Chief Electoral Officers of All S tates and UTs Subject: -Revised format of Abstract Statemen t of Election Expenses for Candida tes and Statement of Election Expenditure of Political Party - Regarding. Madam/Sir, I am directed to refer to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10th October, 2018 and le tter no. 3/4/2019/SDR/Vol. I , dated 19th March, 2019 (copies enclosed) and to state that the Commission had issued FAQs regarding accounting of election expenses on publicity of criminal antecedents by the candidates (TV & Ne ws Papers) and the political parties (Website, TV and News Papers) thrice during the specifie d period. 2. The Commission had issued an instruction vide its letter no. 76/ECI/INST/FUNC/EEM/EEPS /2016/Vol. IX, dated 13th January, 2017 [Annexure -E2 of “Compen dium of Instructions on Electio n Expenditure Monitoring (Fe bruary, 2019)”] regarding the format of Abstract Statement to be lodged by contesting candidates under section 78 of the R. P. Act, 195 1 within 30 days of declaration of result. Having regard to the FAQs mentioned above, the f ormat of Abstract Statement * of Election Expenses of Candidate s has been revised to incorporate the expenditure incurred by candidates in publication of their cri minal antecedents.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8 .txt _ 3. Political parties are also requir ed to submit their Statement of Election Expenditure within 75 days/90 days of completion of Assembly/Lok Sabha election respectively in terms of the ECI letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 [Annexure -F2 of “Compendium of Instructions on E lection Expenditure Monitoring (February, 2019)”] before the CEO (Unrecognized Parties) and b efore the ECI (Recognized Parties) in the prescribed format. Having regard to directions issued by the Commission in FAQs mentioned above, the format ** has been r evised to incorporate the expen diture incurred by political parties for publication of criminal backgrounds of their candidates. 4. You are requested to kindly bring it to the notice of al l contesting candidates & un - recognised Political Parties in t he States/UTs in the ongoing Ge neral Elections to Lok Sabha , State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and bye-elections, 2019 impressing upon them to lodge their election expenditure in the revised 291 format only. T he same may also be brought to the notice of DEOs/ROs, Expe nditure Observers and other election authorities for necessary action. 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8 .txt _ 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK). 3. PAs/PSs to Zonal Sr. Pr. Secy./Pr. Secy./Secy./USs, Zonal Sections, CEMS -II, PPEMS, SDR, RCC. Sd/- (RAJAN JAI N) UNDER SECRETARY Note: *Revised format of Abstract Statement of Election Expenses for Candidates is placed at Annexure E2 ** Revise d forma t of Statement of Election Expenditure of Political Party is p laced at Annexure F3 [Guidelines of ECI on Publicity of Criminal Antecedents by Political Pa rties and Candidates’ is available on the ECI website www.eci.gov.in at the following link : Importa nt Instructions -Updated Guidelines on publicity of criminal ant ecedents by political parties and candidates, in light of the Hon'ble Supreme Court's judgment dated 10th August, 2021 -reg. and https ://eci.gov.in/files/file/13949 -updat ed-guidelines -on-publicity -of-criminal -antecedents -by- political -parties-and-candidates -in-light -of-the-honble -supreme -courts -judgment -dated -10th -august - 2021 -reg/ ]Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F9 .txt _ Annexure -F9 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Virtual Campaign/EEPS/2022 Dated: 15th January, 2022 To The Chief Elec toral Officers of All States and UTs Subject: Revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party -Reg. Madam/Sir , I am dire cted to refer to the Commission’s letter no. 76/ECI/ INST/FUNC/EEM/EEPS/2019/Vol. XVII, dated 8th May, 201 9# (copy enclosed) regarding last revision of format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expe nditure of Political Party and to state that keeping in view o f increasing trend of Virtual Campaigning by Candidates and Political Parties in elections, the Commission has decided to revise the formats of Abstract Statement of Election Expenses for Candi dates and S tatement of Election Expenditure of Political Party. 2. The Candidates are required to submit their Abst ract Statement of Election Expenditure along with their Day -to-Day Account Register required to be maintained by Candidates under section 77 of the R. P. Act, 1951 with the DEOs concerned under section 7 8 of the R. P. Act, 1951 within 30 days of declaration of election results. The existing format of Abstract Statement of Election Expenses of Candidates has been revised to incorporate the exp enditure incurred by Candidates in Virtual Campaigning in Sched ule 11 and Row VIII in Part II. Revised format * of Ab stract Statement of Election Expenses for Candidates is enclosed.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F9 .txt _ 3. Political Parties are also required to submit their Statement of Elect ion Expend iture within 75 days/90 days of completion of Assemb ly/Lok Sabha elections respectively before the ECI (Recognised Political Parties) and the CEOs concerned (Unrecognised Political Parties). The existing format of Statement of Election Expenditu re of Polit ical Party has been revised to incorporate the expen diture incurred by Political Parties in Virtual Campa igning in Schedule 24 A & 24 B, Row 5.4 (vii), Row 6.4 (vii) and Row 7G(III). Revised format ** of Statement of Election Expenditure of Politi cal Party is enclosed. 4. You are requested to kindly bring it to the notice of all Contesting Candidates and Political Parties impressing upon them to lodge their election expenditure in the revised format only. The same may also be brought to the noti ce of DEOs, ROs, Expenditure Observers and other election autho rities for necessary action. 293 5. A copy of the instruction issued in this regard may be endorsed to the Commission. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary Copy to: - 1. All National a nd State Recognised Political Parties. (By Spe cial Messenger/Speed Post) 2. Sr. PPS/PPS/PSs/PAs to SG, Sr. DEC, DECs, Sr. Pr. Secy., Directors, Pr. Secy., Secy. 3. CEMS -I, II, III, IV and PPEMS Sd/- (Anup Kumar Khakhlary) Under Secretary Note:Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES__Commission _s lette r no. 76_ ECI_INST_FUNC_EEM_EEPS_2019_Vol. XVII_ dated 8th May_ .txt _ #Commission ’s lette r no. 76/ ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII, dated 8th May, 2019 is placed at Annexure F8. *Revised format of Abstr act Statement of Election Expenses for Candidates is placed at Annexure E2 ** Revised format of Statement of Election Expenditure of Pol itical Party is placed at Annexure F3Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F10 .txt _ Annexure -F10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.56/AA/2020 -21/PPEMS Dated: 2 1st January, 2022 To The President/General Secretary/Trea surer of the Political Parties (List enclosed), Subject: Su bmission of Annual Audited Acco unts by the Political Parties -regarding. Sir/Ma dam, I am directed to refer to the subject cited above and bring to your attention the Commission’s Transparency Guid elines issued vid e its letter dated 29th August 2014 *, where in it has been directed that the recognised political parties shall file their Audited Annual Accounts as certified by the CA with Election Commission of India. The un - recognised parties shall fi le the same with t he Chief Electoral Officer of the respectiv e States and UTs (i.e. the stat e where the party Head Quarter is situated), in the prescribed manner for each financial year before 31st October of each year. 2. Commission has decided to link the due date for the submission of Audited Annual Accounts b y the political parties with the due date for filing of ITR of political partie s under the Income Tax Act, 1961. 3. Accordingly, all Political Parties shall submit their Audited Annual Accou nts within one mon th from the last date for filing of ITR for the political parties as per s ection 139 of the Income tax Act. This will be a pplicable for submission of Audited Annual Accounts for F.Y. 2020 -21 and so on. Yours faithfully, Sd/- (KUMAR RAJEEV ) SECRETARY Copy to: CEOs of all States and UTs with reques t to bring it to the notice of all Political Parties of their respective states . Sd/- (KUMAR RAJEEV) SECRETARY Note: Please refer Annexure -F4Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F11 .txt _ Annexure -F11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction/PPEMS /2023 Dated: 20th November, 2023 To The Chief Electoral Officers of All States/UTs Sub: Intimation regarding participation of Registered Unrecongised Political Party (RUPP) i n Lok Sabha/Assembly election out of the State/UT where their party headquarter s is situated -Reg. Madam/Sir, As you are aware, political parties are required to submit their part Election Expenditure Statement in the proforma prescribed by the Commission vide its letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 (copy enclosed) within 30 days of declaration of election results and full Election Expenditure Statement in the proforma prescribed by the Commission vide its let ter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 (copy enclosed) , revised by the Commission vide its letter no. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022 (copy enclosed) within 75/90 days of completion of Assembly/Lok Sabha elections . 2. As per the Commission’s instruction no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 and instruction no. 76/PPEMS/Transparency/2014, dated 14th October, 2014 (copies enclosed) , Registered Unrecognised Political Parties (RUPPs) are required to su bmit their financial reports which includes Contribution Reports, Audited Annual Accounts and Election Expenditure Statement (full & part) with the Chief Electoral Officer of the State/UT concerned where their party headquarters is situated. In case o f failure to submit the Election Expenditure Statement by the RUPPs concerned CEO is also required to send reminder to defaulting parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F11 .txt _ 3. In this regard, it has been experienced that s ome RUPPs participate in Lok Sabha/Assembly election held in State s/UTs other than the States/UTs where their party headquarters is situated. Therefore, in order to avoid any difficulties in monitoring submission of Election Expenditure Statement when a RUPP participates in elections held in other States/UTs, the Chief Elec toral Officers of all States/UTs are requested to invariably share information regarding participation of such RUPPs to the Chief Electoral O fficer of the State/UT where headquarters of such RUPPs is situated for necessary action as per the Commission’s in structions referred above under intimation to the RUPPs concerned and the Commission. Yours faithfully, Sd/- (BINOD KUMAR) SECRETARY 296Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___2. I am a candidate for an Assembly Constituency _ Parliamentary Constituency. What .txt _ #2. I am a candidate for an Assembly Constituency / Parliamentary Constituency. What is expect ed from me with regard to election expenditure? Ans: a) All candidates will be provided with an Election Expenditure Register by the Returning Officer and they are required to maintain an account of election expenditure truly and correctly from the date on which he has been nominated to the date of declaration of results (both dates inclusive). 365 b) It is necessary to get the election expenditure account inspected at least 3 times during campaign period before the election authorities as per schedule fixe d by RO. c) All candidates have to lodge their true election expenditure account before the District Election Officer within 30 days of declaration of result. 3. What constitutes the Election Expenditure Register of a candidate, which is required to be submitted within 30 days of declaration of results? Ans. Each contesting candidate has to lodge the following registers/ statements with the DEO within 30 days from the date of declaration of results: (i) Day to Day account Register (with all the bills & vou chers in chronological order signed by the candidate or his election agent). (ii) Cash register. (iii) Bank Register (along with certified copy of the Bank statement). (iv) Abstract Statement (Part I to IV) and Schedules 1 to 1 1 duly signed by the candidate (v) Affidavit dul y signed by the candidate.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___4. Is it compulsory to have a separate bank account_ exclusively for election .txt _ #4. Is it compulsory to have a separate bank account, exclusively for election expenditure of a candidate? When and where should it be opened? Ans. Yes, it is compulsory to have a separate bank account, which has to be opened a nytime at least one day before the date on which the candidate intends to file his/her nomination papers. It can be opened either in the name of the candidate or in the joint name with his election agent. However, the bank account should not be opened in t he joint name with any family member of the candidate or any other person, if he/ she is not the election agent of the candidate. The account can be opened anywhere in the State, in any bank including cooperative bank or in post offices. The details of thi s account shall be communicated to the Returning Officer at the time of filing nomination. The candidate has to deposit all the amount meant for election expenses and incur all his/her election expenses from this account only. Failure to open a dedicated/s eparate bank account for 366 election expenditure will be construed to be failure to maintain accounts in the manner prescribed by the Commission.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___5. Whether all bills and vouchers are required to be lodged along with the Election .txt _ #5. Whether all bills and vouchers are required to be lodged along with the Election Expenditure Register before the Expenditure Observer and the DEO and what are other documents required to be lodged and signed by the candidate? Ans. Yes, under the provision made in the Conduct of Election Rules, 1961, all vouchers shall be obtained for every item of expenditure e xcept for those items where, it is not practicable to obtain a voucher. All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and s uch serial numbers shall be entered in the account. Affidavit and Abstract Statement shall necessarily be signed by the Candidate himself while rest of the documents are required to be signed by the candidate or his election agent.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___6. What will happen i f I do not lodge the account at all or do not lodge the account in .txt _ #6. What will happen i f I do not lodge the account at all or do not lodge the account in prescribed time and manner? Ans. If a candidate fails to lodge his/her account within prescribed time or in the manner required by law or fails to lodge his/her account at all, proceeding s against him/her shall be initiated under section 10A of the R. P. Act, 1951 and he/she could be disqualified by the Commission after following due procedure for being chosen as, and for being, a member of either house of Parliament or of the Legislativ e Assembly or Legislative Council of a State/Union Territory for a period of 3 years from the date of order of the Commission declaring the candidate to be so disqualified.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___7. What is the Account Reconciliation Meeting_ Whether a candidate has to attend t he .txt _ #7. What is the Account Reconciliation Meeting? Whether a candidate has to attend t he meeting? Ans. Account Reconciliation Meeting is convened by the DEO on the 26th day after the date of declaration of results for reconciling the discrepancy(ies), if any, in the account of election expenses maintained by the candidate with the account statement maintained by 367 the Accounting Team for each candidate. This opportunity may be availed by the candidates, if they so desire.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___8. Whether it is necessary to incur election expenditure beyond Rs. 10_000_ - by account .txt _ #8. Whether it is necessary to incur election expenditure beyond Rs. 10,000/ - by account payee cheque? Ans. Yes. As per existing instructions of the Commission, the candidates shall incur all election expenses by account payee cheques from the Bank account opened for election purpose, excepting minor expenses where it is not possible to issue cheques. If the amount payable by candidates to any person/entity for any item of expenditure does not exceed Rs. 10,000/ - during the entire process of election, then such expenditure can be incurred by cash, by withdrawing it from the bank account opened for the purpose of election. A ll other payments are to be made by account payee cheque from the said bank account.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___9. Whether it is necessary to maintain account of election expenses incurred by the .txt _ #9. Whether it is necessary to maintain account of election expenses incurred by the candidate before filing his nomination? Ans. The expenditure incurred from the date on which he has been nominated to date of declaration of results, is to be accounted for in the account statement by each contesting candidate. The candidate has also to include the election related expenditure, if the expenditure incurred is on campaign m aterial which is used during the campaign period.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___10. How do the rates for different items get decided and how do I get a rate chart_ .txt _ #10. How do the rates for different items get decided and how do I get a rate chart? Ans. In order to facilitate the scrutiny of expenditure which is to be maintained on a daily basis by the candidates in the prescribed proforma the Commission has directed that the DEO shall compile the rate charts of the items commonly used for the election campaign in the district on the basis of the prevailing rates after consultation with the representatives of politica l parties. The DEO/RO shall ensure that the rate list of all such items is made available to all the candidates and to the teams monitoring election expenditure. #11. How shall a candidate account for the use of Social Media during his/her election camp aign? Ans. A candidate shall include payments made to internet companies and websites for carrying advertisements and also campaign related operational expenditure on creative development of content, operational expenditure on salaries and wages paid to t he team of workers employed to maintain their Social Media accounts.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___12. Do I_ as a candidate_ have to account for election expenses when a _Star .txt _ #12. Do I, as a candidate, have to account for election expenses when a “Star Campaigner” holds a rally for me? Ans. If the candidate or his election agent shares the dais with the Star Campaigner in the event of pub lic rally or meeting, then the entire expenditure on that rally other than the travel expenses of the Star Campaigner shall be added to the candidate’s account . Even if the candidate is not present on the dais but the banners/posters with the name of the candidate or the photographs of the candidate are displayed at the site of pubic rally or the name of the candidate is mentioned by the “Star Campaigner” during the rally/meeting, , then also the entire expenditure in that rally/meeting o ther than the travel expenses of the “Star Campaigner”, will be added to the candidate’s account of election expenses. If there is more than one candidate, sharing the dais or displaying banners or posters with their names in rally/meeting, then the expenses on such rally/meeting shou ld equally be divided among all such candidates and added to their respective account.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___13. How many vehicles can be used for campaigning and can the permission for the .txt _ #13. How many vehicles can be used for campaigning and can the permission for the same be withdrawn? Ans. There is no limit on n umber of vehicles which a candidate may use for electioneering purposes. The candidate shall have to furnish the details of such vehicles and the areas in which these will be used for campaign, to the RO or authorised Officer to get permission. The origina l copy of the permit should be displayed on the wind screen of the vehicle. The permit contains the number of the vehicle, date of issue of permit, name of the candidate and the area where it shall be used for campaigning. The candidate has to maintain exp enditure incurred on the permitted vehicles in his day to day account register. If the candidate fails to submit his election expenditure register for inspection before the election authority on the dates scheduled by RO during campaign period even after n otice served upon him by RO within 3 days, then permission of vehicle shall be withdrawn by the RO. Any vehicle used for campaigning without due authorization/permit by the authorized officer shall be deemed to be campaigning unauthorisedly for the candid ate and may attract penal provision of Chapter IX A of the IPC and shall therefore, be immediately taken out of the campaigning exercise.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___B. For Political Parties .txt _ #B. For Political Parties 1. What are the statements required to be filed by Political Parties? Ans. Political parties have to file following statements: -  Contribution reports - by 30th September every year or such date as extended by CBDT for filing Income Tax Return  Annual Audited account - by 31st October every year  Statement of election expenditure - within 75 day s of completion of Assembly election and 90 days of completion of Lok Sabha election.  Part election expenditure statement giving details of amount disbursed to the candidates by political parties shall be filed within 30 days of declaration of result. Reco gnized political parties have to file aforesaid statements with the Election Commission of India, while Un -recognized Political Parties have to file the same with the Chief Electoral Officer of the respective States/UTs in the prescribed time and manner.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___2. Who is a _Star Campaigner__ of a political party_ .txt _ #2. Who is a ‘Star Campaigner’’ of a political party? Ans. Election campaigners of a registered political party (not exceeding 40 in number in case of recognised political party and not exceeding 20 in number in case of a party other than a recognised poli tical party), whose names have been communicated to the Commission and the Chief Electoral Officer of the state, within a period of seven days from the date of issue of notification for such election are called “Star Campaigners”. The expenditure incurred by these leaders (Star Campaigners) on account of travel by air or by any other means of transport for propagating the programme of a political party shall not be deemed to be the expenditure in connection with the election incurred/authorised by a candida te of that political party or his election agent.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___ 3. What is the limit of donation to be received in cash by candidates from a single .txt _ # 3. What is the limit of donation to be received in cash by candidates from a single person/entity/party? Ans. The limit for receiving cash donations from any individual/ entity or political party is Rs. 10,000/ -. If donation exceeds Rs 10,000/ -, it should be made through cheque/draft or e - payment.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___4. My political party is in alliance with other political party _ies_ then how the election .txt _ #4. My political party is in alliance with other political party (ies) then how the election expenditure shall be accounted for by the candidate(s)? Ans. There is no provision in law as regards to parties in alliance and therefore, the whole expenditure is subject to be accounted for by the candidate for whom campaigning has been done by any party(parties) that has(have) alliance with the party of the candidat e.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___5. Can a Star Campaigner carry cash during electioneering_ .txt _ #5. Can a Star Campaigner carry cash during electioneering? Ans. Yes. A Star Campaigner may carry cash up to Rs. 1 Lac exclusively for his/her personal use or any party functionary with a certificate from the treasurer of the party.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___6. How will th e expenses during rallies of _Star Campaigners_ be accounted for_ .txt _ #6. How will th e expenses during rallies of “Star Campaigners” be accounted for? Ans. The expenditure incurred by the leaders of a Political Party (Star Campaigners) on account of travel by air or by any other means shall be accounted as expenditure of the Political Par ty. If any attendant including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star-campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that the said member of political party or media person or attendant sharing the transport with the leader (star campaigner) do not play any role in election campaign for any candidate in any manner. However, if any such person(s) sharing the transport with the leader plays any role in election campaign for the candidate( s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopter, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). 372Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___7. If a person is provided with Z_ security then how his ex penditure will be .txt _ #7. If a person is provided with Z+ security then how his ex penditure will be accounted? Ans. The cost of propulsion of State -owned one bullet proof vehicles by the persons provided with ‘Z+’ (Z plus) security should be borne by the person concerned when it is used for non-official purposes during electioneering. In case of the visiting political functionaries, who are “Star Campaigners”, the expenditure, will be accounted for in the party’s account. If the Star Campaigner is a candidate, the propulsion cost of vehicle in the constituency shall be accounted for in his election expenditure account. If the party functionary enjoying the security facility is not a Star Campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account .Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___8. Whether the expenditure incurred on construction of barricades and rostrums is to .txt _ #8. Whether the expenditure incurred on construction of barricades and rostrums is to be booked in the account of candidate(s) or political party where “leader” (star campaigner) of a political party participate in a rally/meeting? Ans. Expenditu re incurred on construction of barricades/ rostrums etc., either made by government agencies or by any private agency, on account of security considerations for a public rally/meeting, where a “leader” of a political party(star campaigner)is participatin g, is to be book ed in the account of the candidate in whose constituency the r a l l y/ meeting is taking place. If a group of candidates is present at the dais at that time, then the expenditure will be apportioned equally amongst those candidates. #C. Election Machinery 1. Who are the members of the District Expenditure Monitoring Committee (DEMC) and what are the functions of DEMC? Ans. DEMC consists of (i) Expenditure Observer in charge of the Constituency, (ii) District Election Officer (DEO) an d (iii) Dy. DEO/Officer in charge of Expenditure Monitoring of the District. DEMC shall have t o decide the case of suppression of election expenditure incurred by candidate after examining the evidence mentioned in the notice served upon the candidate by R O and the reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such supp ressed expenditure shall be added or not to the election expenses account of the candidate.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___2. When does the E xpenditure Observer report in the district HQ and what are the .txt _ #2. When does the E xpenditure Observer report in the district HQ and what are the duties he is required to perform? Ans. An Expenditure Observer has to make three visits to the ACs/Dist. Hq. assigned to him. 1st Visit -The Expenditure Observer shall reach the constituency on the day of the notification of elections for the duration of 3 clear days. Du ring this visit he has to meet all the teams, engaged in election expenditure monitoring. He coordinates w ith DEO, S.P, Nodal Officers of Police, Income Tax and State Excise and other enforcement agencies. His contact numbers are also notified so that he can receive complaints from candidates and public regarding any untoward incident or malpractice during election process. 2nd Visit - The Expenditure Observer shall again visit the constituency for the second time, on the date immediately after the date of withdrawal of candidatures and shall remain in the constituency du ring the entire campaign period, and shall leave the constituency only after the poll. However, he has to stay t ill counting of votes, if he is so directed by the Commission. During this period he periodically inspects the functioning of all the teams engaged in expenditure monitoring and wherever there is laxity or irregularities in functioning of any of the teams, he brings it to the notice of the DEO. He inspects the expenditure register of each candidate at least three times during the campaign period and give his comments on the discrepancies. 3rd Visit - The Expenditure Observer has to visit the district on ce again on 25th day after the declaration of results of election and stay in the district for 8 clear d ays to assist the DEO in scrutinizing the statements of accounts of election expenditure submitted by the candidates after the declaration of results. He s hould be present in the Account Reconciliation Meeting to be convened by the DEO on the 26th day after the declaration of results.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___2. When does the E xpenditure Observer report in the district HQ and what are the .txt _ 3. Which teams form part of the Election Expenditure Monitoring Mechanism? Ans. The teams form part of Election Expenditur e Monitoring Mechanism are: -  Expenditure Observer (EO)  Assistant Expenditure Observer (AEO),  Video Surveillance Team (VST),  Video Viewing Team (VVT),  Accounting Team (AT),  Complaint Monitoring Control Room & Call Centre,  Media Certification & Monitor ing Committee (MCMC),  Flying Squads (FS)  Static Surveillance Teams (SST)Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___4. How many inspections are required to be carried out by the Expenditure Observer_ .txt _ #4. How many inspections are required to be carried out by the Expenditure Observer? Ans. A total number of 3 inspections are to be carried out by the Expenditure Observer. The dates of inspection are made known to all the candidates by the RO in advance. The last inspection is to be done not before 3 days from the date of poll, so that major campaign expenditure is covered under inspection.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___5. What is Shadow Observation Register _SOR__ .txt _ #5. What is Shadow Observation Register (SOR)? Ans. A Shadow Observation Register (SOR) is to be maintained by the Accounting Team in a given format in respect of each candidate. This is to be maintained to cross check items of expenses actually incurred on major rallies/processions/meetings e tc., with what is reported by the candidate. 375Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___ 6. What is Folder of Evidence _FE__ .txt _ # 6. What is Folder of Evidence (FE)? Ans. Folder of Evidence has to be maintained by the Accounting Team along with Shadow Observation Register for each candidate. Evidences in the form of CD/DVD/documents etc., are cross referenced for the expenses entered in the Shadow Observation Register.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___7. What are the restrictions on printing of pamphlets_ posters etc._ relating to election .txt _ #7. What are the restrictions on printing of pamphlets, posters etc., relating to election campaign? Ans. No person shall print or publish, or cause to be printed or publ ished, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. He should not do so unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons, personally known to him, is delivered by him to the printer in duplicate. Moreover, within a reasonable time after printing of the document, one copy of the declaration is to be sent by the printer together with one copy of the document to the Di strict Election Officer concerned or to the CEO if printed in the capital of the State. If a person contravenes any of the above said provisions mentioned above, then he may be punished with imprisonment which may extend to six months and with a fine up to Rs. 2,000/ -.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___8. No. of days within which the National and State level political parties are required .txt _ #8. No. of days within which the National and State level political parties are required to send list of “leaders” (star campaigners) of their party to CEO and ECI? Ans. The list of “leaders” (star campaigners) should be communicated to the Election Commission and the CEO of the state within a period of 7 days from the date of issue of notification of elections. The recognized political party (National / State) can send names of 40 persons and a registered political party can send names of 20 persons to be treated as “Star Campaigners”. The travel expenditure of these “Star Campaigners” is not added to the expenditure of the candidate.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___9. What is the limit of carrying cash_gift items during election period_ .txt _ #9. What is the limit of carrying cash/gift items during election period? Ans. During checking by Flying Squ ad/ Static Surveillance Team, 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 376 more than Rs. 10, 000/-, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___10. In what circumstances shall the IT Dept. be informed about seizures of cash_goods_ .txt _ #10. In what circumstances shall the IT Dept. be informed about seizures of cash/goods? Ans. If cash of more than Rs. 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 not seize the cash, and pass on the information to the Income Tax Authority, for necessary action under Income Tax Laws.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___11. Who is the authority an aggrieved person should appeal_approach for releasing the .txt _ #11. Who is the authority an aggrieved person should appeal/approach for releasing the seized cash etc., during election? Ans. Committee for taking decision on cash seized at District level consists of the following: (i) CEO, Zila Pari shad/CDO/P.D, DRDA, (ii) Nodal Officer of Expenditure Monitoring in the District Election Office (Convenor), and (iii) District Treasury Officer. The procedure of appeal against seizure has to be mentioned in the seizure document and it has to be inform ed to the aggrieved person at the time of seizure. In no case, the matter relating to cash/ seized valuables shall be kept pending for more than seven days after the date of poll, unless any FIR/Complaint is filed. The functioning of the Committee has to be given wide publicity so that there is no inconvenience to the public.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___12. Where should one complain about incidents of bribery_ liquor_cash distribution_ .txt _ #12. Where should one complain about incidents of bribery/ liquor/cash distribution? Ans. There is Complaint monitoring Cell/ Call Centre in each district and its number is published in media also. Complaint can be made on this number. The Flying Squad will immediately reach 14. the spot where any incident of bribery etc., is allegedly taking place.Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___13. Who will bear the expenses for publishing _ .txt _ #13. Who will bear the expenses for publishing ? Ans. Expenses , if any, will be borne by the candidat e and the political parties in respe ctive cases and shall be reflected in their expenditure statement .Compendium of Instructions On Election Expenditure Monitoring part I. FREQUENTLY ASKED QUESTIONS _FAQs___14. Whether expenditu re on this account will be accounted for _ .txt _ #14. Whether expenditu re on this account will be accounted for ? Ans. Yes. This being an exp enditure in connection with th e election, if expense is incurred in this regard, the same will be counted for the purpose of election and shall be re flected and lodged with D EO/CEO/ECI as the case may be.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C1.txt _ Annexure -C1 Details of Campaign Expenditure of Political Parties for General Party Propaganda as observed by the District Election Officers (to be submitted to the CEO) (From date of announcement to completion of election.) 1 2 3 4 5 6 7 8. Sl. No. Name of the Political Party Nature of Expenditure recorded during rally, procession, public meeting etc. (for example Media advert., cut - outs, banners, helicopters, aircrafts etc. ) Quantity Rate Total Expenditure Evidence collected in exhibit no. /cassette no. etc. with date Remarks Signature Date: DEO /CEO 82Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C2.txt _ Annexure -C2 Monthly Report by DEO (Part -A) Name of State/UT - Name of District - Sl. No. No. and Name of Constituency Total Number of candidates No. of candidates who ha ve filed Accounts No. of candidates who have not filed Accounts No. of candidates who have not filed Accounts in the prescribed manner No. of candidates for whom scrutiny of Accounts completed by DEO No. of candidates for wh om discrepancy found between Candidate register and Shadow Observation Register No. of candidates for whom Report sent to CEO No. of candidates for whom notices issued by ECI No. of candidates whose Accounts have been accepted by the Commission No. of candidates disqualified Signature of DEO 83 Mon thly Report by DEO (Part-B) Name of State/ UT – Name of District - Sl. No. No. and Name of Constituency Name of Candidate Name of Political Party/ Independe nt Status of Account Statement Note – In the Status column it should be mentioned whether candidate has submitted his account. If submitted, then mention the date of submission. Whether scrutiny completed by DEO; whether any discrepancy found between candidate’s account and Shadow Observation Register; whether report sent by the DEO to CEO; whether notice served on the candidate; w hether account accepted by the Commission. If accou nt not accepted by the Commission, whether case is pending or whether candidate has been disqualified. If disqualified, then mention the date of disqualification order. Signature of DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C4.txt _ Annexure –C4 Seizure made by Police Department upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM) Sl. No. Description By F lying Squad (FS) BY Static Surveillance Team (SST) By others SHO/Police 1. Total amount of cash seized during election process (In Rs. ) 2. Out of 1 above t otal amount of cash released after verification by FS, SST and Police 3. Out of 1 above total amount covered by FIR/Complaint in court 4. Out of 1 above, total amount of cash handed over to the Income Tax Authority 5. Balance amount of seizure on which FIR has been lodged by the FS/ SST/Police and are lying with election authorities/kept in treasury/kept as per direction of the court {1- (2+4)} ((In Rs.) 6 Total Liquor, (In Litres with approx. value in Rs.), drugs (in Kg with approx. Value in Rs.) and others item s eized a cross the State/UT Liquor (In Litres) Total drugs/Narc otics/ Psychotropi c substances seized (In Kg) Total of Other Items seized i.e. Campaign Material, Dhotis, Sarees, etc. during Election process Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) 6a. By FS Rs. Rs. Rs. 6b By SST 6c By P olice 87 6d By Excise Dep tt. 6e Total (6a + 6b + 6c + 6d) ………Liters ……Kg Rs. Rs Rs. 7. Total No. of Expenditure related FIR/ Police ca ses registered across the State/UT 8. Total No. of Ar rests, if any related to bribe/ gratif ication etc. Signature Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: -Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C5.txt _ Annexure –C5 Seizure of cash made by IT Dept. up to 12 O`clock on poll day (Report is to be sen t to the Election Commission of India by 1 PM on poll day ) S. No. Particulars Amount (In Rs. ) 1 Total amount of cash handed over to the Income tax Department by the FS or SST or Police during election process 2 Out of (1) above t otal amount of cash seized by Income Tax Deptt. during election process under the Income Tax Law 3 Out of (1) above t otal amount of cash released by the Income Tax Authority which was handed over by the FS or SST or Police authority during election process 4 Out of (1) above balance amount of cash taken into custody by the Income Tax Deptt., where action is pending for further investigation under the Income Tax Laws{1 -(2+ 3}(in Rs.) 5 Amount of any seizure made on suo motu cas es based on complaints received during election process 6 Total (4 + 5) (in Rs.) Signature Name & Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 89Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C6.txt _ Annexure -C6 Seizure and raids etc. by the Excise Dept. upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM on poll day) Consolidated report of seizure of all types Liquors in (Litres) Values in Rs. (Approx.) Total drugs/Narcotics/ Psychotropic substances seized Values in Rs. (Approx.) Total Raids during election process (No.’s) Total No. of FIR/Police cases registered for excise violations Signature Designation Date To 1. The Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 90Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8.txt _ Annexure –C8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol.VIII Dated: 25th October, 2 013 To The Chief Electoral Offic ers of 1. Gujarat 2. Tamil Nadu Sub:- Bye-elections to the Gujarat and Tamil Nadu Legislative Assemblies -Uploading the candidate’s day to day account register on DEO/CEO Website -Reg. Madam/Sir, I am directed to refer to the Commission’s lette r no. 464/Exp. Obs./BE/2013/EEPS, Vol. I, dated 09 -10-2013 and to state that after every inspection during the election process, the day to day election accounts Register of the candidate shall be scanned till the date of inspection and uploaded on to the DEO’s portal with link provided to the CEO’s website, besides displaying photo copy on the notice board. The DEOs are requested to ensure that necessary arrangements are made for scanning and uploading on to the website. 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8.txt _ 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY 93 Annexur e- C9 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/Vol -XIX Dated: 30th December, 2014 To The CEOs of all States/UTs Subject: Refreshment of polling /counting agents and expenditure on kiosks, : - accounting notional cost in the account of election expenses of the candidate – Reg. Sir/Madam, I am directed to invite your attention on the s ubject cited and to state that o n going through the election expenditure statements of the candidates, it is noticed that the candidates do not show any expenditure on account of the polling/counting agents, campaign workers, etc. Since candidates incur expenditure on food and refreshmen t and also payment of daily allowances, etc., for their polling/counting agents and campaign workers during election process and subsequently, such expenses also need to be included in their account. The DEOs may be asked t o notify the notional rates of l unch, dinner and light refreshment, daily allowances, etc., for the polling/counting agents and campaign workers, on the basis of prevalent rates in their respective districts after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM, in the list of items of expenditure used for election campaign.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _C8.txt _ 2. I am further directed to state that candidates/political parties open kiosks, campaign offices, etc., in the constituency, during election p rocess and such expenses like rent or electricity or furnishing like shamiana etc., after the date of filing of nomination are to be included in the account of the candidate. The DEOs are required to include the notional rates of erection/construction of such kiosks, campaign offices, etc., in the constituency on the basis of prevalent rates, after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM in the list of items of expenditure used for election campaign. Receipt of the letter may kindly be acknowledged. Yours faithfully, Sd/- (Satyendra Kumar Rudola) Secretary 94Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ Annexure -C10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May 2015 To The Chief Electoral Officers of All States and UTs Subject: - Account Reconciliation Meeting with the candidates/ election agents with the District Expenditure Mon itoring Committ ee (DEM C)- regarding Sir, In supersession of Commission`s Order No.76/Ins tructions/EEPS/2013/ Vol -I, dated 14th March, 2013 regarding under -stated amount of election expenditure and the decision of the District Expenditure Mon itoring Committ ee (DEMC), I am directed to forward herewith revised ord er of the Commission to be follo wed by the DEMC in disposing of the cases of under - statement of account of election expenses of the candidates (Changes in italics). 2. I am further directed to request you to bring it to the notice of all the DEOs, Expenditure Observers, officials conce rned, candidates and political parties.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) Secretary 95 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Roa d, New Delhi-110001 File No. 76/Instructions/ EEPS/2015 /Vol-II D ated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commi ssion under Article 324 of the Constitution; and Whereas, reports are received that the candidates at elections to Lok Sa bha and State Legislative Assemb ly are spending excessive amount in their election campaigns, which disturbs the level playing field, and are o f t e n not show ing correct expenses in the day –to-day accounts of their election expenses; Now, therefore, the Election Commi ssion of India hereby issues the following order for maintaining the purity of election process: (i) If the Returning Officer or any officer authorized, by the District Election Officer/ Returning Officer, is in receipt of information during election process that any candidate has incurred or authorized certain expenditure and has not shown either a part or whole of it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act,1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-dayCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-day account or informing h im that he failed to produce his account, as the case may be. How ever, in case of suspected Paid News items, where notice is issued or is being issued by the Returning Officer as per the recommendation of the M edia Certifying and Monitoring Committ ee (MCMC), such items shall not be covered in this notice. (ii) Such candidate may reply to the notice within 48 hours, explaining the reasons for omission or default which is brought to his notice. In cases where the candidate accepts the fact of suppressed expense mentioned in the notice, the same shall be added to his election expenses. (iii) Where candidate fails to produce his day to day account for inspection and in spite of the notice, the failure continues, then FIR is to filed under section 171 (I) of Indian Penal Code, after 48 hours of service of such notice and the permission for use of vehicles etc. by the candidate for election campaign shall be withdrawn. 96 (iv) Where no reply is submitted by the candidate or his election agent within 48 hours of receipt of the notice, then the candidate shall be deemed to have accepted the supp ressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate. (v) If the candidate or his election agent disputes the supp ressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and the same shall be forwarded to the District Expenditure Mon itoring Committ ee (DEM C) consisting of the following:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ 1. Expenditure Observer in charge of the Constituency 2. DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ 3. Dy. DEO/Officer in charge of Expenditure Mon itoring of the District. (vi) The DEMC shall decide the case after examining the evidence mentioned in the notice and reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such supp ressed expenditure shall be added or not to the election expenses account of the candidate. (vii) Training: a. The DEO shall organize one day facilitation training programme for all the candidates/ election agents and the personn el engaged for receiving the accounts within one week before the last date of submission of the account of election expenses. b. The Nodal Officer of the Expenditure Mon itoring Cell and Assistant Expenditure Observer shou ld be associated in the training programme 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 show ing correct accounts shall also be explained to the candidates/agents. c. 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. d. The DEO shall notify the date and venue of tra ining on procedure of lodging th e final accounts and also about the date of Account Reconciliation meeting, positively on or by the date of declaration of result. (viii) Account Reconciliation meeting : (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/ their election agents can reconcile the disputed items of election expenditure in their 97 accounts of election expenses with the evidence gathered during election process and the notices issued by the RO. (b) The DEMC, af ter scrutinizing the accounts, shall pass the 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 the candidate agrees with the DEMC order, he/she may incorporate the same in his final accounts. If the candidate does not agree with the DEMC order, he/she may lodge his final accounts with the DEO, with the reasons for the disagreement by way of a letter to DEO. (c) If the candidate has already lodged his acc ounts prior to Account Reconciliation meeting, he/she may revise the accounts, within the statutory period of 30 days of completion of election, in order to incorporate the findings of DEMC. (ix) If the candidate does not file his statements of election expenses without any valid reasons within the stipulated period of 30 days from the day of declaration of result, then the DEO shall call for the explanation of the candidate suo motu and s end the report to the Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence. (xi) The DEO’s scrutiny report has to be entered in EEMS software* within seven days of its finalization. (xii) The above procedure shall be followed with immediate effect .Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C10.txt _ 2. The Commi ssion further directs the CEOs to bring it to the notice of all political parties, candidates, members of DEMC and all concerned in the State. By order, Sd/- (S. K. Rudola) Secret ary *Please refer Annexure -C17 98Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C11.txt _ Annexure -C11 ELECTION COMMISSIO N OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 11th October, 2015 To The Chief Electoral Officer of all States/UTs. Subject: - Change of helicopte r by the candidates/political parties at last moment – Permission on priority basis by the DEO - regarding. Sir/Madam, I am directed to refer to the Standard Operating Procedure (SOP) issued by the Bureau of Civil Aviation Security (BCAS ), Ministry of Civil Aviation, Govt. of India vide their Office Memorandum No. CAS -7 (15)/2012/Div -I (Election) dated 03.07.2013 (copy enclosed) and to state that under the existing provision contained in Para (ix) of the afore - mentioned OM, at remote/unco ntrolled 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, mentioning the details of travel plan, place of landin g in the district and names of p assengers in the aircrafts/helicopters so that DEO can make 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. 2. The Commission has considered the above said provision and taking into account hardships caused to the candidates/political parties during election, it has been decided that in those cases where permissio n has already been accorded to t he candidates/political parties, if a request for change of helicopter is received from a candidate/political party at the last moment , then it will be dealt with by the DEO on priority basis and decision will be communicated within 03 hours of receipt of application to the candidate or political party concerned.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C11.txt _ 3. Kindly bring it to the notice of all DEOs and concerned officers. Yours faithfully, Encl: As above Sd/- (S. K. RUDOLA) SECRETARY 99 Copy to : - 1. The Commissioner of Security (CA), Bureau of Civil Aviation Security, Ministry of Civil Aviation, ‘A’ Wing, Janpath Bhawan, Janpath, New Delhi – 110001 (By Special Messenger). 2. EPS Section/MCC Section/East -1 Section. Sd/- (S. K. RUDOLA) SECRETARY 100Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12.txt _ Annexure -C12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2015/EEPS/Vol.XIV Dated: 2nd June, 2 016 To The Chief Electoral Off icers of all States and UTs. Subject: - Procedure for preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates – regarding. Sir/Madam, In partial modification of the Commission’s letter No. 76/In structions/2013/EEPS/ Vol. IV, dated 24th December, 2013, I am directed to forward herewith the procedure to be adopted by the DEO in preparation of scrutiny report under rule 89 of the Conduct of Elections Rules, 1961 on th e election expenses accounts lod ged by the candidates. The procedure referred to above may kindly be brought to the notice of all concerned for necessary action and compliance. The new procedure will be applicable prospectively and shall come into force with effect from the date of iss ue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to : - 1. Sr. PPS/PSO to the Hon’ble CEC/EC (J)/EC (R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secr etaries. 4. All Under Secretaries. 5. All Zonal Sections/Communication Section/CEMS -I & II/Computer Section/PPEMS/ SDR Section. 101 Procedure for preparation of DEO’s scrutiny and summary report 1. Every contesting candidate is required to file his/her account of election expenditure with the D EO within the statutory time limit of 30 days from the date of declaration of result. As soon as the accounts are received by the DEO, the Abstract Statement of each account should be scanned and put in the website of CEO wi thin 3 days of receipt by the DE O for wider dissemination among public. 2. Account Reconciliation Meeting :-Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12.txt _ 2. Account Reconciliation Meeting :- 2.1 The Account Reconciliation Meeting shall be convened by the DEO on the 26th day of the declaration of result in which the candidate shall be given another opportunity to recon cile the understated amount of his/her election expenditure, if any. The DEO shall ensure that each candidate is informed about this meeting in writing on or by the day of declaration of result, so that the candidates /their election agents can be present a t the meeting and reconcile the disputed items of election expenditure in their accounts of election expenses with the evidence(s) gathered during election process and the notice(s) issued by the RO. 2.2 If no notice on understatement of items had been is sued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in Account Reconciliation Meeting first and subsequently shall be inf ormed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). 2.3 In the Account Reconciliation Meeting, the District Expenditure Monitoring Committee (DEMC) shall scrutinize the accounts and in cases where the differe nces could not be reconciled, shall pass an order in writing, giving detailed reasons, and serve it on the candidate/agent on the same day. If the candidate agrees with the DEMC order, he/she may incorporate the same in his/ her final accounts. If the candi date does not agree with the DEMC order, he/she may lodge his/her final account with the DEO, with the reasons for the disagreement by way of a letter to the DEO. 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12.txt _ 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts: 3.1 After receipt of the fin al accounts from the candidates, the same shall be scrutinised by the DEMC. 102 3.2. Where the accounts submitted by the candidates involve procedural defects such as (i) vouchers not signed; (ii) duly sworn in affidavit not filed; (iii) register of day to day account along with bank regis ter and cash register not duly signed, (iv) Abstract Statement (Part -I to Part IV and schedule 1 to 10 **) not filled up/not duly signed; (v) Cash Expenditure in excess of Rs. 20,000/ -*** not incurred through cheque, (vi) Ex penditure outside the bank accou nt; (vii) self certified copies of the statement of bank account not submitted and (viii) if the bank account is not opened at all, within 3 days of receipt of the accounts the DEO shall issue a notice giving the candidate 3 days time to rectify the defect . The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his/her comments. 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C12.txt _ 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments. 4. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format (Annexure -21* of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO off ice preferably by the 38th day (Para 11.5 of the Compendium of Instructions). The DEO reports, duly forwarded by the CEO should reach the Commission within 45 days of declaration of result. 5. In cases where disagreement persists even after the Account R econciliation Meeting and the DEO does not agree that expenses have been correctly reported by the candidate, the DEO shall, along with the scrutiny report, enclose certified copies of the relevant documents viz. minutes of DEMC/Account Reconciliation Mee tings, notices issued, reply from the candidate, rate chart, Shadow Observation Register (SOR), Election Expenditure Register of the candidate with the documents, duly serial numbered. 6. The DEO shall get the data entered into the EEMS software** ** withi n 3 days of the finalisation of the candidate -wise scrutiny report. 7. The new procedure will be applicable prospectively from the date of issue of these guidelines, i.e. 2nd June, 2016. Note: *Please refer Annexure -C13 for Annexure -21 as the Compen dium has been revised. ** Please refer Annexure -E2, total no. of Schedules is 11 now. ** * Please refer Annexure -E11 and E12 **** Please refer Annexure -C17 103Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ Annexure – C13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/ Instructions/2015/EEPS/Vol. XIV Dated: 2nd June, 2016 To The Chief Electoral Officer of all States and UTs. Sub:- Modified format of DEO’s scrutiny report (Annexure -21) -Rega rding. Sir/Madam, I am directed to refer to Annexure -21 of “Compendium of Instructions on Election Expenditure Monitoring (April - 2016)” regarding candidate wise scrutiny report of DEO on election expenditure account and to state that after implementation of Account Reconciliation Meeti ng Scheme, modified format is being forwarded herewith with the request to bring it to the notice of all District Election Officers etc. for compliance. This new format will be applicable prospectively and shall come into fo rce with effect from the date of issue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to: 1. Sr. PPS/PSO to the Hon’ble CEC/EC(J)/EC(R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secretaries. 4. All Under Secretaries. 5. All Zonal S ections/Communication Section/CEMS -I & II/Computer Section/ PPEMS/SDR. 104 Serial Number of the candid ate in Summary Report of the DEO --------- Name of the State……………… District……………………Election…….......................... DEO’s SCRUTINY REPORT ON ELECTION EXPENSES OF THE CANDIDATE UNDER RULE 89 OF C.E. RULES, 1961 S.No. Description To be filled up by the DEO 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation MeetingCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation Meeting 7. (i) Whether the candidate or his agent had been informed about the date of Account Reconciliation Meeting in writing (i) Yes/No (ii) Whether he or his agent has attended the meeting (ii) Yes/No 8. Whether all the defects reconciled by the candidate after Account Reconciliation Meeting (Yes or No). (If not, defects that could not be reconciled be shown in Column No. 19) Yes/No 9. Last date prescribed for lodging Account 10. Whether the candidate has lodged the account Yes/No 11. If the candidate has lodged the account, date of lodging of account by the candidate: (i) origin al account (ii) revised account after the Account Reconciliation Meeting 12. Whether account lodged in time Yes/No 12 A. If not lodged in time, period of delay ………………… days 13. If account not lodged or not lodged in tim e, whether DEO called for explanation from the candidate. If not, reason thereof. Yes/No 14. Explanation, if any, given by the candidate 14A Comments of the DEO on the explanation if any, of the candidate 105 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/NoCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/No 17. If No, then please mention the following defects with details (i) Whether Election Expenditure Register comprising of Day to Day Account Register, Cash Register, Bank R egister, Abstract Statement has been lodged Yes/No (ii) Whether duly sworn in affidavit has been submitted by candidate Yes/No (iii) Whether requisite vouchers in respect of items of election expenditure submitted Yes/No (iv) Whether separate Bank Ac count opened for election Yes/No (v) Whether all expenditure (except petty expenditure) routed through bank account Yes/No 18. (i) Whether the DEO had issued a notice to the candidate for rectifying the defect (ii) Wh ether the candidate rectified th e defect (iii) Comments of the DEO on the above, i.e. whether the defect was rectified or not. Yes/No Yes/No 19. Whether the items of election expenses reported by the candidate correspond with the expenses shown in the Shadow Observation Register and Fol der of Evidence. If No, then mention the following: Yes/No Items of expenditure Date Page No. of Shadow Observation Register Mention amount as per the Shadow Observation Register/folder of evidence Amount as per the accoun t submitted by the candidate Amo unt understated by the candidate i ii, iii …… TOTAL 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106 21. If DEO does not agree with the facts mentioned against Row No. 19 referred to above, give the following details: - (i) Were the defects noticed by DEO brought to the notice of the candidate during campaign period or during the Accoun t Reconciliation Meeting Yes/No (ii) If yes, then annex copies of all the notices issued relating to discrepancies with English translation (if it is in regional language) and mention the date of notice (iii) Did the candidate give any reply to the notice ? Yes/No (iv) If yes, ple ase Annex copies of such explanation received, (with English translation of the same, if it is in regional language) and mention date of reply (v) DEO’s comments/observations on the candidate’s explanation 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO) 23. Comments, if any, by the Expenditure Observer* - Date: Signature of the Expenditure Observer * If the Expenditure Observer has some more facts that have not been covered in the DEO’s report, he may annex separate note to that effect . ** The DEO scrutiny report is to be compiled by the CEO and forwarded to the Commission. If the CEO feels like giving additional comments, he or she may forward the comments separately. 107 SUMM ARY REPORT OF DEO FOR EAC H CONSTITUENC Y ON LODGING OF ELECT ION EXPENSES ACC OUNT S BY CAND IDATES (a) No. and name of Assembly/Parliamentary Constituency: (b) Total No. of contesting candidates: (c) State and District: (d) Date of declaration of result of election/bye-election: (e) Last date of lodging accounts: (f) Name of the elected candidate:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C13.txt _ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. S. No. Name of the candidate and Party Affiliation Due date of lodging of account Date of lodging of accounts by the candidate Whether lodged in the prescribed format (Yes or No) Whether lodged in the manner required by law (Yes or No) Grand Total of the expenses incurred/authori zed by the candidate/agent (as mentioned in Part-II of Abstract Statement) Whether the DEO agrees with the amount shown by the candidate against all items of expenditure (Should be similar to point no. 22 of DEO`s Scrutiny Report i.e. Annexure - C13) Total expenses incurred by the Party (As reported in Part-III of Abstract Statement ) Total expenses incurred by others/entities as reported in Part-III of Abstract Statement Remarks of the Expendit ure Observer Lump Sum Amount in cash or cheque given to candidate by each Political Party Grand Total of other expenses in kind by the Political Party Lump sum Amount in cash / cheque given to the candidate (and mention names of donors) Grand total of other expenses in kind incurred for the candidate Signature of the DEO Comments of the Expenditure Observer, if any, Date: Signature of the Expend iture Observer 108Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C14.txt _ Annexure -C14 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2017/Vol. XIX Dated: 13th December, 2017 To The Chief Electoral Officer Tamil Nadu Chennai Sub:- Bye-election to 11 -Dr. Radhakrishnan Nagar AC, Tamil Nadu, 2017 -Exclusion of items like T -shirt, saree etc. from Rate Chart -Regarding Sir, It has been brought to the notice of the Commission that in the rate chart issued by the DEO, Chennai, some items like saree, dhoti, blankets etc. have been included as valid items of expenditure and several candidates have shown expenditure incurred on T -shirts and sarees in their day to day account of election e xpenditure. In this regard, I am directed to refer to para 5 of Chapter D and the Commission’s letter no. 76/Instructions/2011/EEM, dated 7th Apirl, 2011 (Annexure -D9*) (copies enclosed) in the Compendium of Instructions on Election Expenditure Monitoring (October, 2017) and to reiterate that supply and distribution of main apparels like saree, shirt, T -shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters. Inclusion of these kinds of main apparels in the rate chart has given impr ession that the election authority has given permission to parties/candidates to distribute these items among the voters to lure them. The DEO, Chennai may accordingly be directed to exclude these items from the r ate chart and to bring it to the notice of all political parties, candidates and election authorities immediately. Yours faithfully, Sd/- (MUKESH KUMAR) UNDER SECRETARY *Please refer Annexure -D7 for Annexure -D9 as the Compendium has been revised 109Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C15.txt _ Annexure -C15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. VI Dated: 18th February, 2019 To The Chief Electoral Officers of all States and Un ion Territories. Subject: -Fixation of dates for inspection of accounts of candidates 3 times during election period by Returning Officer -Reg. Madam/Sir, I am directed to state that there have been instances of fixation of different dates for inspection of accounts of c andidates by Returning Officers and Expenditure Observers in the last elections. In this connection, I am directed to reiterate that in pursuance of the Commission’s instructions laid down under the heading “Role of Returnin g Officer”, sub heading “Inspect ion of Accounts”, in part “C” of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)” (copy enclosed), the Returning Officer is required to prepare a schedule for inspection of Expenditure Register of each candidate in consultat ion with the Expenditure Observer. Three dates shall be fixed for inspection of Expenditure Register of candidates in such a way that the gap between two inspections should be at least three days and the last inspection shou ld be fixed not before 3 days fr om the day of poll. 2. You are requested to bring it to the notice of all Returning Officers for necessary compliance and to fix the dates for inspection of Expenditure Registers of candidates in accordance with the aforesaid provisions of Commission’s in structions. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 110Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ Annexure – C16 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/4/2019/SDR -Vol. I Dated: 28th February 2019 To The C hief Electoral Officers of All S tates and UTs Sub:- Amendments in Form -26 (Format of Affidavit to be filed by candidates) Sir/Madam, I am directed to invite reference to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10.10.2018, on the subject cited and to state that Form 26 appended to the CE Rules, 1961 has been further amended vide Ministry of Law and Justice Notification no. S.O. 1023 (E) dated 26.02.2019 (copy enclosed). The consolidated Form -26 after incorporating the amendments i s enclosed herewith. The candida tes are now required to file the affidavit in this amended Form -26. 2. This letter may be circulated to all DEOs, ROs in the State/Union Territory for necessary action on their part. This shall also be circulated to all Political parties based in the St ate, i.e. the State Units of the recognized Parties and recognized State parties of other States and all registered un -recognized political parties with headquarters based in your State/Union Territory, with instructions to take note of the amendments in F orm-26. Adequate publicity shall also be given in this regard so that all concerned are aware of the amendments in Form -26.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 3. Please acknowledge receipt and confirm action taken. Yours faithfully, Sd/- (N. T. Bhutia) Secretary 111 Form 26 (See rule 4A ) Please affix your recent passport size photograph here AFFIDAVIT TO BE FILED BY THE CANDIDATE ALONG WITH NOMINATION PAPER BEFORE THE RETURNING OFFICER F OR ELECTION TO………………..(NAME OF THE HOUSE) FROM……………………………CONSTITUENC Y (NAME OF THE CONSTITUENCY ) PART A I……………………………….. **son/daughter/wife of………………………………………………….Aged…………………………….. years, resident of……………………………………………………………( mention full postal address), a candidate at the above election, do hereby solemnly affirm and state on oath as under: - (1) I am a candidate set up by------------------------------ (**na me of the political party) / **am contesting as an Independent candidate. (**strike out whichever is not applicable) (2) My name is enrolled in…………………………………………(Name of the Constitu ency and the State), at Serial No……….in Part No…………….. (3) My contact telephone number(s) is/are………………………………………and my e-mail id (if any) is…………………………… and my social media account(s) (if any) is/are (i)…………… (ii)………………. (iii)…………………. 112 (4) Details of Permanent Account Number (PAN) and status of filing of Income Tax return : Sl. No. Names PAN The financial year for which the last Inco me-tax return has been filed Total income shown in Inco me-tax return (in Rupees) for the last five Financial Years (as on the 31st March) 1. Self (i) (ii) (iii) (iv) (v) 2. Spouse (i) (ii) (iii) (iv) (v) 3. HUF (If the Candidate is Karta or Coparcener) (i) (ii) (iii) (iv) (v) 4. Dependent -1 (i) (ii) (iii) (iv) (v) 5. Dependent -2 (i) (ii) (iii) (iv) (v)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 6. Dependent -3 (i) (ii) (iii) (iv) (v) Note: It is mandatory for PAN holder to mention PAN and in c ase of no PAN, it should be clea rly stated “No PAN allotted”. 113 (5) Pending criminal cases - (i) I declare that there is no pending criminal case against me. (Tick this alternative, if there is no criminal case pending against the Candidate and write NOT APPLICABLE against alternative (ii ) below) OR (ii) The following criminal cases are pending against me: (If there are pending criminal cases against the candidate, then tick this alternative and score off alternative (i) above, and give details of all pendin g cases in the Table below) Tabl e (a) FIR No. with name and address of Police Station concerned (b) Case No. with Name of the Court (c) Sections of concerned Acts/Codes involved (give no. of the Section, e.g. Section…….of IPC, etc.). (d) Brief description of offence (e) Whether charges have been framed (mention YES or NO) (f) If answer against item (e) above is YES, then give the date on which charges were framed (g) Whether any Appeal/Application for revision has been filed against the proceedings (Mention YES or NO) 114 (6) Cases of conviction (i) I declare that I have not been convicted for any criminal offence. (Tick this alternative, if the candidate has not been convicted and write NOT APPLICABLE against alternative (ii) below) OR (ii) I have been convicte d for the offences mentioned below: (If the candidate has been convicted, then tick this alternative and score off alternative (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposedCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposed (g) Whether any Appeal has been filed against conviction order (Menti on YES or No) (h) If answer to item (g) above is YES, give details and present status of appeal (6A) I have given full and up -to-date information to my political party about all pending criminal cases against me a nd about all cases of conviction as given in paragraphs (5) and (6). [candidates to whom this Item is not applicable should clearly write NOT APPLICABLE IN VIEW OF ENTRIES IN 5(i) and 6(i), above] Note:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 1. Details should be entered clearly and legibly in BOLD letters. 2. Details to be given se parately for each case under different columns against each item. 115 3. Details should be given in reverse chronological order, i.e., the latest case to be mentioned first and backwards in the order of dates for the other cases. 4. Additional sheet may be added if required.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 5. Candidate is responsible for supplying all information in compliance of the Hon’ble Supreme Court’s judgment in W. P (C) No. 536 of 2011. (7) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents: A. Details of movable assets : Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given. Note: 2. In case of deposit/Invest ment, the details including Serial Number, Amount, date of deposit, the scheme, Na me of Bank/Institution and Branch are to be given. Note: 3.Value of Bonds/Share Debentures as per the current market value in Stock Exchange in respect of listed co mpanies and as per books in case of non-listed companies should be given . Note: 4. “Dependent” means parents, son(s), daughter(s) of the candidate or spouse and any other person related to the candidate whether by blood or marriage, who have no separate means of income and who are dependent on the candidate for their livelihood. Note: 5. Details including amount is to be given separately in respect of each invest ment. Note: 6. Details should include the interest in or ownership of offshore assets. Explanation - For the purpose of this Form, the expression “offshore assets” includes, detail s of all deposits or investments in Foreign banks and any other body or institution abroad, and details of all assets and liabilities in foreign countries. Sl. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependen t-3 (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units in companies/Mutual Funds and others and the amount. (iv) Details of invest ment in NSS, Postal Saving, Insurance Policies and invest ment in any Financial instru ments in Post office or Insurance Company and the a mount (v) Personal loans/advance given to any person or entity including fir m, company, Trust etc. and other receivables from debtors and the amount. (vi) Motor Vehicles/Aircrafts/ Yachts/Ships (Details of Make, registration number. etc. year of purchase and amount ) (vii) Jewellery, bullion and valuable thing(s) (give details of weight and value) (viii) Any other assets such as value of clai ms/interest (ix) Gross Total value B. Detai ls of Immovable assets: Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated. Note: 2. Each land or building or apart ment should be mentioned separately in this format. Note: 3. Details should inclu de the interest in or ownership of offshore assets. S. No Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 117 (i) Agricultural Land Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate CurrentCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate Current market value (ii) Non-Agricultural Land Location(s) Survey number(s) Area (total measure ment in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate current market value 118 (iii) Commercial Buildings (including apart ments) -Location(s) -Survey number(s) Area (total measur ement in sq. ft.) Built -up Area (total measurement in sq.ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the property by way of develop ment, construction etc. Approxi mate current market value (iv) Residential Buildings (including apartments): -Location (s) -Survey number(s) Area (Total measure ment in sq. ft) Built up Area (Total measurement in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current marketCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current market value of (i) to (v) above (8) I give herein below the details of liabilities/dues to public financial institutions and government: - (Note: Please give separate details of name of bank, institution, entity or individual and amount before each item) S. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 (i) Loan or dues to Bank/Financial Institution(s) Name of Bank or Financial Institution, Amount outstanding, Nature of loan Loan or dues to any other individuals/ entity other than mentioned above. Name(s), A mount outstanding, nature of loan Any other liability Grand total of liabilities 120 (ii) Government Dues: Dues to Depart ments dealing with Govern ment accommodation (A) Has the Deponent been in occupation of accommodation provided by the Government at any time during the last ten years before the date of notification of the current election ? (B) If answer to (A) above is YES, the following declaration may be furnished namely: - (i) The address of the Government accommodation: …………………………… …………………………… …………………………… …………………………… (ii) There is no dues pa yable in respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent,Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent, electricity charges, water charges and telephone charges for the above Government accommodation should be submitted. YES/NO (Pl. tick the appropriate alternative) (iii) Dues to Department dealing with Government transport (including aircrafts and helicopters) (iv) Income Tax dues 121 Self Spouse HUF Dependent -1 Dependent - 2 Dependent -3 (v) GST dues (vi) Munici pal/Property tax dues (vii) Any other dues (viii) Grand total of all Government dues (ix) Whether any other liabilities are in dispute, if so, mention the amount involved and the authority before which it is pending. (9) Details of profession or occupation: (a) Self……………………………………………… (b) Spouse …………………………………………. (9A) Details of source(s) of income: (a) Self …………………….. (b) Spouse ………………….. (c) Source of income, if any, of dependents,………………… …. (9B) Contracts with appropria te Government and any public company or companies (a) details of contracts entered by the candidate…………. (b) details of contracts entered into by spouse …………… (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners …………………………………………….Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners ……………………………………………. (f) details of contracts, entered i nto by private companies in which candidate or spouse or dependents have share ……………………….. (10) My educational qualification is as under: ………………………………………………………………………… (Give details of highest School / University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 122 PART – B (11). ABSTRACT OF THE DETAILS GIVEN IN (1) TO (10) OF PART - A:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 1. Name of the candida te Sh./S mt./Ku m. 2. Full postal address 3. Number and name of the constituency and State 4. Name of the political party which set up the candidate (otherwise write ‘Independent’) 5. Total number of pending criminal cases 6. Total Number of cases in which convicted 7. PAN of Year for which last Inco me Tax Return filed Total Income Shown (a) Candidate (b) Spouse (c) HUF (d) Dependent 8. Details of Assets and Liabilities (including offshore assets) in Rupees Description Self Spouse HUF Dependent -I Dependent -II Dependent -III A. Moveable Asset s (Total value) B. Immovable Assets Asset I Purchase Price of self-acquired immovable property II Development/constru ction cost of immovable property after purchase (if applicable) 123 III Approxi mate Current Market Price - (a) Self-acquired assets (Total Value) (b) Inherited assets (Total Value) 9. Liabilities (i) Govern ment dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total) 10. Liabilities that are under dispute (i) Government dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure _ C16.txt _ 11. Highest educational qualification : (Give details of highest School /University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 124 VERIFICATION I, the deponent, above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there fro m. I further declare that:- (a) there is no case of conviction or pending case against me other than those mentioned in items 5 and 6 of Part A and B above; (b) I, my spouse, or my dependents do not have any asset or liabilit y, other than those mentioned in items 7 and 8 of Part A and items 8, 9 and 10 of Part B above. Verifie d at………………….…..this the……………………… ……day of………………………………. DEPONENT Note : 1. Affidavit should be filed latest by 3.00 PM on the last day of filing nominations. Note : 2. Affidavit should be sworn before an Oath Commissioner or Magistrate of the First Class or before a Notary Public. Note : 3. All columns should be filled up and no column to be left blank. If there is no infor mation to furnish in respect of any item, either “Nil” or “Not applicable” as the case may be, should be mentioned. Note : 4. The affidav it should be either typed or written legibly and neatl y. Note: 5. Each page of the Affidavit should be signed by the deponent and the Affidavit should bear on each page the stamp of the Notary or Oath Commissioner or Magistrate before whom the Affidavit is sworn. (Ministry of Law & Justi ce Notification No. H11019(4)/2018 -Leg.II, dated 10th October, 2018 and Notification No. H -11019/13/2016 -Leg. II, dated 26th February, 2019) 125Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17.txt _ Annexure -C17 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 19th June, 2019 To The Chief Electoral Officers of All States/UTs Subject: General Election to LS and State Legislative Assemblies, 2019 -Filing of DEO’s Scrutiny Report in EEM S Software -Regarding. Madam/Sir, I am directed to refer to the Commission’s letter of even no. dated 31st May, 2019 on the subject cited and to state that the Commission has developed a new data entry portal as a part Suvidha * Module, for online filing of the DEO’s Scrutiny Report in respect of the contesting candidates. It is relevant to mention that the online form contains the same columns as the physical format of DEO’s Scrutiny Report. 2. The data entry portal can be accessed by v isiting the link https://suvidha.eci.gov.in ** (Steps to be followed are enclosed). You are requested to kindly ensure that data is entered online within 3 days of finalization of DEO’ s Scrutiny Report. 3. In case of any clarification the URL https://support.ecitech.in *** may be visited, wherein you may register first and then raise the relevant query. 4. You are requested to ensure that this measure is brought to the no tice of all concerned including ROs, DEOs and the EOs. The DEO’s Scrutiny Report should also be sent in physical form as mentioned in para (b) of the letter of even no. dated 31st May, 2019. Yours faithfully, Sd/- (Rajan Ja in) Under Secretary * Now ENCOR E **Now https://encore.eci.gov.in ***Now https://support.ecitech.in/support/login 126 Election Expenditure Monitoring Software -Guidelines for filing of DEO’s Scrut iny Report Election Expenditure Monitoring Software is a web portal system to help DEOs to submit candidate wise Scrutiny Report. Steps for E -filing (DEO Login): 1. Open the link https:/ /encore.eci.gov.inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17.txt _ 1. Open the link https:/ /encore.eci.gov.in 2. Select “Gene ral Election to the House of People” or “General Election to the Legislative Assembly”, depending on the election concerned. 3. DEOs will use the username, password and process which is used for Suvidha login. 4. There are two options (1) Fill DEO Scrutiny Repor t (2) Dashboard. 5. Click on “Fill DEO Scrutiny Report”. 6. The list of candidates will be automatically populated from Suvidha data of the AC/PC and appear on the page. 7. Under the heading “Status” click on “Not Started” to open a form. 8. Fill in the form till part 5 and finalise. 9. Once it is finalised it gives the DEO the following option “Continue to add more DEO Scrutiny report for candidates” “Yes/No” I. Pressing “Yes” will take the DEO back to the first page with the name of all candidates for entries. II. Pressing “No ” will take the DEO to the “Tracking Module” 10. Tracking Module to be filled. 11. Complete and finalise. 12. Finalising the Tracking Module will take the DEO back to the landing page with the list of candidates for further entry. 13. Final ising the Tracking Module report shows the Status as “Finalised”. 14. Non finalisation of Tracking Module but filling up of Scrutiny Report will show the status as “Update Info”. 15. The finalised form will be pushed to the CEO for further necessary action. 127 Steps to be taken by CEO: 1. Open th e link https://encore.eci.gov.in 2. Select General Election to the House of People or General Election to the Legislative Assembly depending on the election concerned. 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C17.txt _ 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise. 8. Under the heading “Status” click on “Update Info” to open the form. 9. Tracking Module to be filled. 10. Complete and finalise. 11. Finalising the Tracking Module will take the CEO back to the landing page with the list of candidates for further entry . 12. Finalising the Tracking Module report shows the Status as “Finalised”. 13. The finalised form will be pushed to the ECI for further necessary action. Please raise your technical difficulties at https://s upport.ecitech.in/support/login 128Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ Annexure -C18 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 9th July, 2019 To The Chief Electoral Officers of all States/UTs Sub:- General Elections to Lok Sabha, Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and some bye -elections, 2019 -List of defaulting candidates in terms of submiss ion of their accounts of election expenses -Reg. Madam/Sir, In continuation of the Commission’s letter of even number dated 31.05.2019 andCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ 19.06.2019 (copies enclosed for ready reference), I am directed to state that DEOs ar e requested to send the DEO’s S crutiny Reports [Annexure -C3* of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)] within 45 days of declaration of results i.e. by 8th July, 2019 through the CEO to the Commission and if the CEO feels it so necessary additio nal comments may be furnished thereupon, separately. In the past it has been noticed that DEOs and the CEOs are sending the DEO’s Scrutiny Reports in a piecemeal manner which leads to undue delay in their final disposal. For the sake of timely disposal of accounts cases by the Commission, it has been decided that DEO’s Scrutiny Reports on Accounts of Candidates shall now be categorized at the CEO level and shall be furnished to the Commission in the specified format (annexure enclosed), as under: - A. Tota l No. of DEOs who have furnished scrutiny reports. B. Total No. of Contesting Candidates. Category -1: Candidates in whose case no defect has been pointed out by the DEO in the DEO’s Scrutiny Report. Category -2: Candidates who did not lodge th eir accounts of election expenses. Category -3: Candidates who failed to lodge their accounts of election expenses within the prescribed time period (i.e. within 30 days from the date of declaration of election results under section 78 of the R. P. Act, 195 1). Category -4: Candidates who failed to lodge their accounts of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2, 3 and 4).Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ 2. You are requested to bring it to the notice of all DEOs for compliance and furnish the DEO’s Scrutiny Reports w ithin 45 days of declaration of results of elections along with proper categorization of account cases in the prescribed format (annexure enclosed) to the Commission.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to Zonal Section/Zona l Under Secretaries/Zonal Secretaries/Zonal Principal Secretaries with the request to take follow up action on DEO’s Scrutiny Reports in terms of Commission’s circular dated 2nd June, 2016. *Please refer Annexure -C13 for A nnexure -C3 as the Compendium has been revised. See below Annexure Summary of DEO’s Scrutiny Report from the State of ……………………General Elections to ………………………………….Year…………………. Category -1-Candidates where no defects pointed out by the DEO in the DEO’s Scrutiny Report Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -2-Candidates who failed to lodge their accounts of election expenses Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -3-Candidates who failed to lodge their accounts within prescribed time of 30 days of declaration of results Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention (i) last date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, ( iii) reason for late submission, if obtained by the DEO) 1 2 3… Total Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. TotalCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C18.txt _ Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. Total Category -5-Candidates who failed to lo dge their accounts in time and m anner (cases other than Category 2, 3 & 4) Sl. No. District No. & Name of Name of Candidate Returned or Non -Party Affiliation/ Remarks (mention (i) last 131 AC returned Independent date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, (iii) reason for late submission, if obtained by the DEO, (iv) the deficiencies found and amount of understatement, if any) 1 2 3…. Total (Signature of the CEO) Date: 132Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19.txt _ Annexure -C19 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI Dated: 24th July, 2020 To The Chief Electoral Officers of All States/UTs Sub:- Cases of accounts of election expenses of candidates -Non-adherence of time limit prescribed under Rule 89 of the C onduct of Elections Rules, 1961 and Commission’s Instruction -Regarding Madam/Sir, I am directed to refer to the Commission’s letter no. 76/Instructions/2015/EEPS/Vol. XIV, dated 2nd June, 2016 regarding procedure for preparation of DEO’s Scrutiny Report in respect of account of election expenses of contesting candidates under Rule 89 of the Conduct of Elections Rules, 1961. It has been observed that time frame prescribed in the aforesaid Rule is not being followed by the DEOs leading to undue delay in disp osal of accounts cases. Your att ention is invited to ECI O.M. No. 76/2004/JS -II, dated 5th July, 2004 (Copy Enclosed) whereby the Commission has fixed a deadline of one year for disposal of all cases pertaining to account of election expenses. This was done keeping in view the observatio n of the Karnataka High Court (Judgment dated 26.07.1999 of the Karnataka High Court in WP No. 4357 of 1999 -Guinness Hite Paksha Rangawamay Vs. Chief Election Commissioner and Ors.) which inter -alia states that there cannot be undue delay in passing order under section 10A and it should be passed within reasonable time.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19.txt _ 2. The relevant rules of the C. E. Rules, 1961 are reiterated as under: Rule 89(5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of elect ion expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section 10A for the failure. Rule 89(6) Any contesting candidate who has been called upon to show cause under sub -rule (5) may within 20 days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the District Election Offi cer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. Rule 89(7) The District Election Officer shall, within 5 days of the receipt thereof , forward to the Election Commis sion the copy of the representation and the account (if any) with such comments as he wishes to make thereon. 3. Para 4 of Commission’s letter no. 76/Instructions/2015/EEPS/Vol. XIV, dated 2nd June, 2016 states that: The DEO shall finalize the candidate wi se summary and scrutiny reports in the prescribed format (Annexure -C3*) of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day (Para 11.5 of 133 the Compendium of Instru ctions). The DEO reports, duly forwarded by the CEO should reach the Commission within 45 days of declaration result.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C19.txt _ 4. In the recent review of pending accounts cases, the Commission has viewed very seriously the delay in submission of DEOs’ Scrutiny Repo rts, Supplementary Reports, acknowledgements regarding delivery of Commission’s Notices and non -responsiveness of many DEOs. It is reiterated that law will lose its rigor if time limits as prescribed under Rule 89 of the C. E. Rules, 1961 as well as in the Commission instructions are not followed in true spirit. 5. It is, therefore, required to bring the above instruction of the Commission to the notice of all DEOs for strict compliance. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY *Please refer Annex ure-C13 for Annexure -C3 as the Compendium has been revised 134Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ Annexure -C20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/ER/2020/SDR/Vol. III Dated: 1st October, 2020 To The Chief Electoral Officers Of all States and UTs Subject: Optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the CE Rules, 1961) -Guide lines -reg. Madam/Sir, I am directed to state that under sub -section (1) of section 33 of the R. P. Act, 1951, nomination paper completed in the prescribed form and signed by the candidate and by an elector of the co nstituency as proposer has to be delivered to the Returning Officer at the place specified in the notice issued under Section 31 of the R. P. Act, 1951. 2. In order to move forward in the way of digital India and to minimize scope of mistakes in nomination form and the affidavit (Form 26 ), the Commission has decided to provide an optional facility to candidates for online data entry of personal details in nomination form. This facility will be available for the candidates through the Election Commission’s S uvidha portal https://suvidha.eci.gov.in . The candidate will have to do the registration and login with the mobile number and OTP. The guidelines for availing this facility are enclosed herewith (Annexure -A). 3. At present, the facility is avail able in two languages, namely, English and Hindi. 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action. 6. Kindly acknowledge receipts. Yours faithfully, Sd/- (N. T. Bhutia) Secretary See below Annexure -A Guidelines for optional facility for candidates for online data entry of personal details in Nomination Form A facility has been provided for the Candidates to make online data entry of their personal details in the nomination form and the affidavit (Form 26 ) through ECI suvidha portal i.e. suvidha.eci.gov.in. Validation checks at each step of the process will help the candidates to fill the form in proper format and without errors. The facility for online payment of security deposit by the candidate is also available through the same suvidha portal. 1. Online data entry in Nomination FormCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ 1. Online data entry in Nomination Form 1.1 The facility of Online data entry in nominations form will be available for the Candidates through ECI Suvidha Portal https://suvidha. eci.gov.in Step 1 -registration - The Candidate will have to do the registration and login with the mobile number and OTP. After a successful login, the candidate needs to enter the EPIC number and the relevant details will be auto -fetched from the elector al roll. Step 2 -Data entry of personal details in the form and affidavit -Candidate then needs to make data entry of his personal details in the nomination form and affidavit online. In case of error or mistake entries, fille d in the form, can be edited/cor rected, till the finalization by the candidate. Step 3 - Selection of preferable dates - After complete details verification, candidate has to finalize the form and proceed further for selection of 3 preferable dates from the candidate given , by ticking at t he same, for physical submission of the form before the Returning Officer. Step 4 - Security deposit -Further, the candidate can submit the security deposit online by choosing the available options from net banking. Optionally , the candidate can choose to en ter the details of challan or indicate the option to deposit it by cash. Step 5 - Physical submission of print out of the form filled online -It is to be noted that the form in which the online data entry was made by candidate, will only be treated duly subm itted if a printout with QR Code is taken from the system, signed in ink, notarized and delivered by hand, either by the candidate himself or by his proposer between the hours of 11 O’clock in the forenoon and 3 O’clock in t he afternoon to the Returning Of ficer, on the appointed date and place specified by him. The online Nomination Facility will be closed one day prior to the last date of nomination. 136 Function of Returning OfficerCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ 1. Provision of IT infrastructure and manpower - (i) Returning officers should set u p a workstation for physical verification of online data entry of personal details made by candidate in nomination from the date of notification till the last day of nomination. (ii) Returning Officer should ensure the availabili ty of one or more computers alongwith printer, scanner, webcam, stationary and other essential as per requirement at the workstation. The computer/laptop should be with webcam and minimum i3 processor, 2 GBRAM, and at least 50 GB of free space available. If the webcam is inbuilt in the l aptop/desktop then it should be at least 2 megapixels while in case of a separate webcam, the same should be of at least 5 megapixel. (iii) Operating system and Browser should be updated with updated antivirus Java Script support . (iv) The system and hardware shall be checked by Returning Officer, well in advance, by scanning a sample QR code and also the quality of scanning and printing. (v) Returning Officer should identify the staff and arrange training of them, well in time, scanning of QR Code, verification of physi cal and electronic copy filled up by the candidate, generating and taking print out of the receipt from the system.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ 2. Processing and verifying Nomination Forms in which data entry made by candidate online - (i) The Returning Office r will login and complete the pr ocess of nomination form, in which online data entry was made and received through the ENCORE portal https://encore.eci.gov.in . (ii) The Returning Officer can view all the Preferences indicated by candidates for dates f or delivering print out of nomination form in which online data entry was made and give appointments accordingly. (iii) As per the common directions, the nomination forms, which have been filled using the suvidha portal are requir ed to be downloaded, printed and completed in all respects and then hard copy delivered physically by the candidate or his proposer, to the Returning Officer. Before verifying each such nomination form, the Returning Officer shall check the QR Code at the top of the first page. The scann ing of QR Code shall be done at the first instance by the Returning Officer, which will mark the time of receipt of the application. (If in any case, the QR Code is not readable through the webcam, the Returning 137 Officer has the option to enter the system g enerated nomination id printed on the form and proceed for verification.) (iv) After scanning, the details of the physically handed over form shall be checked and verified from the online submitted form. (v) In case of a difference between a form in which online da ta entry made and physically submitted form, the nomination form should be treated as submitted offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure -C20.txt _ offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in the nomination form and this be informed to the candidate. In such case, the manual method of security deposit, as prescribed by the Election Commission of India, shall be followed. (vii) After the verification of nomination form as per the above procedure, the Returning Offic er shall fill Part (IV) in the s ystem and proceed for receipt generation. (viii) Returning Officer should verify the details in the receipt generated and signed copy be handed over to the candidate as per the rules. (ix) Returning Officer shall prepare the checklist as provided in the Commission’s instructions and the same will be handed over to the candidate against a proper receipt. 138Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5.txt _ Annexure –G5 NO. CAS -7(15)/2012/DIV -I(Election) Government of India Ministry of Civil Aviation Bu reau of Civil Aviation Security ‘A’ Wing –I, II, III, Janpath Bhawan, Janpath New Delhi -110001 11/10/2013 ADDENDUM TO OFFICE MEMORANDUM DATED 04/10/2013 Subject: General Electi ons to the Legislative A ssemblies of NCT of De lhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -2013 - reg. Reference is invited to this office O.M. of even number dated 04/10/2013 regarding implementation of Modified SOP to prevent tra nsport of unauthorized arms, cont raband goods and suspicious money/bullion throu gh airport located during current election p rocess in the poll going states. The following instructions are to be followed additionally: - (i) Passengers, crew and baggage to be tr ansported in General Avi ation/Cha rtered/P rivate aircrafts and aircrafts owned or hired by state governments shall be emplane d through the normal pre -embarkation security check procedure as is applicable to scheduled flights. Similarly normal disembarkation channel shall be followed and ex it of su ch pa ssengers and baggage shall not be allowed through any other gate of the airpor t. Movement of exempted category passengers is to be coordinated in advance for smooth passage but their hold baggage will be screen ed. (ii) Baggage (except the handheld purse o r pou ch by any passenger) of arriving passengers, crew in respect of General Aviati on/Chartered/Private aircrafts and aircraft owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and theCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5.txt _ owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and the aircraft ope rators en gaged in screening of baggage through stand alone X -BIS shall report the detection of an un authorized arms to police and suspicious money/bullion to Income Tax Officer(s) posted at the airports in poll going states without any delay; and (iv) It will be the r esponsib ility of District Magistrate/SP to prev ent transport of unauthorized arms, contraba nd goods and suspicious money/bullion in General Aviation/ Chartered/ Private aircrafts and aircraft owned or hired by state governm ents operating to/from r emote/ un controll ed ai rports/helipads to poll going states during election process. The guidelines a re to be strictly adhered to and the above instructions will remain in force till end of the poll process in the states. Sd/- (R. N. Dhoke, IPS) Addl. C ommis sioner of Security (CA) 314 Distrib ution: -Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure _G5.txt _ 1. All Chief Secretaries of States/ Uts. 2. The DG. CISF, 13 CGO Complex, Lodhi Road, New Delhi. 3. All DGP/IGP of States/Uts 4. DGCA, Opposite Safdarjung Airport, New Delhi 5. Chairman, AAI Safdarjung Ai rport, Ne w Delhi 6. The R DCOS(CA), BCAS, Delhi, Mumbai, Chennai, Kolkata, Amritsar, Ahmedabad, Hyderaba d and Guwahati - For Strict Compliance. 7. The MD, DIAL, New Udan Bhawan Opp Terminal -3, IGI A irport, New Delhi - 37. 8. The MD, MIAL, CSI A irport, 1st Floor. Terminal 1B, S antacruz (E), Mumbai - 400009. 9. The MD, CIAL Coch in Int, Airport Ltd, Cochin Airport, Cochin. 10. The MD, HIAL, Hyderabad International Airport Ltd, Shamshabad -500408. 11. The MD, BIAL, Bangalore International Airport Ltd, Administra tion Block, Bengaluru Internation al Airpo rt De vanshaill, Bangalore - 560300 12. The MD, MIHAN India Private Ltd. Dr. Babasaheb Am bedkar International Airport Nagpur. Copy to: 1. Election Commission of India (Kind attention: Shri S.K. Rudola, Secretary), Nirvachan Sadan, Ashoka Road, New Delhi -w.r.t. letter No.76/Instructions/2013/EEPS/Vol.VI /330 dated 30.09.2013. 2. The Secretary to the Govt. of India Ministry of Civil Aviation, Rajiv Gandhi Bhawan, New Delhi. 3. The Chairman, CBDT, North Block, New Delhi. 4. The Joint Director, IB , 35 SP M arg, New Delh i. Internal: 1. PS to Jt. COSCA. 2. Shri R. N. Dhoke, Addl COS (CA), Nodal Officer, Tel No. 011 -23311467, Mob No. +919013626605. 3. Shri M T Baig, ACS (CA), Alternate Nodal Officer, Tel No. 011 -23731721. 4. All Officers in BCAS Hqrs. 315Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G6.txt _ Annexure -G6 F.No.CAS -7(15) 2012/Div.(Election) Government of India Ministry of Civil Aviation Bureau of Civil Aviation Security A’ Wing, I -III floor, Janpath Bhavan, Janpath, New Delhi -110001 Date: 12/11/2013 To The Inspec tor General, CISF (Ai rport Sector), 13, C GO Co mplex, New Delhi Sub: Election to the Legislative Assemblies of N CT of Delhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -Reg. Sir, Reference is invited to CISF lette r no. 10679 dated 9/ 11/20 13 on the subject sited above resp onse to Election Commission of I ndia letter no. 739 dated 01/11/2013. 2. In this connection, BCAS letter of even number dated 11/10/2013 (copy enclosed) inter alia reads that p assengers, crew and b aggage to be transpo rted in general aviation/chartered/private aircrafts and aircrafts owne d or hired by State governments shall be emplaned through the normal pre -embarkation security cheek procedure as is applicable to scheduled flig hts. Similarly, norma l disembarkation cha nnels shall be followed and exit of such passenger and baggage shall no t be allowed through any other gate of the airport. Further, AAI has instructed to airports vide their letter no. 1583 dated 8/11/2013 (copy enclosed) reiterating th e above instructions in response to this office letter of even number dated 01/11/2013. The above duties can be achieved by redeployment of existing manpower. 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to:Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G6.txt _ 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to: 1. Election C omm issioner of India (Shri B. B. Garg, Jt. Director), Nirvachan Sadan, Ashoka Road, New Delhi -01 Internal: PS to Jt. COSCA, PS to ACOS (S), ALL RDCOS, BC 317Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ Annexure -G7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Asho ka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject : Standard Operati ng Procedure for sei zure and release of cash and other items - regarding Madam/Sir, In supe rsession of Commission’s Order No. 76/Instructions/2014/EEPS/Vol. XIX, dated 30th December 2014, I am directed to forward herewith the revised S tandard Operating Procedure (SOP) for dep loyme nt of the Flying Squads, Static Su rveillance Teams etc. and for seizure and release of cash and other items during election process, for necessary action and compliance.(Changes in italics). 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance. 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARY 318 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK A ROA D NEW DELHI -110001 File No. 76/Instructions/ EEPS/2015 /Vol-II Dated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commission under Article 324 of the Constitution; and Whereas, all forms of intimidation, threat, influence and bribing of electors must be prevented in the interest of free and fair election and; reports are received that money power and muscle power are being used during election process for inducement of electors by way of distribution of cash, gift items, liquor or free food; or for intimidation of electors by threat or intimidation; and Whereas, distribution of cash or any item of bribe or use of muscle power for influencing electors are crime under sections 171 B and 171 C of IPC and also are Corrupt Practices under Section 123 of R.P. Act, 1951; Now, therefore, for the purpose of maintaining pu rity of elections, the Election Commission of India hereby issues the following Standard Operating Procedure for Flying Squads, constituted for keeping v igil over excessive campaign expenses, distribution of items of bribe in cash or in kind, movement of illegal arms, ammunition, liquor, or antisocial elements etc. in the constituency during election process: Flying Squad (FS) 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll. 2. The Flying Squad shall (a) attend to all model code of condu ct 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 pu rpose of bribing of electors etc.; (c) attend to all complaints regarding election expenditure incurred or authorized by the candidates / political party; (d) videograph w ith the help of Video Surveillance Team (VST), all major rallies, public meetings or other major expenses made by political parties after the annou ncement of election by the Commission. 3. In Expenditure Sensitive Constituencies (ESC), there shall be more FSs, depending on the requirement. The FS shall not be given any other work during the period. The names and mobile numbers of the Magistrate as head of the FS and other officials in FS 319 shall be provided to the Complaint Monitoring Control Room and Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer and Ass istant Expenditure Observer. In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the situation and the DEO shall take necessary steps in this regard. The DEO shall constitute the FS with officers of proven integrity.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 4. Whenever a complaint regarding distribution of cash or liquor or any other item of bribe or regarding movement of antisocial elements or arms and ammunition, is received, the FS shall reach the spot immediately. In case of suspicion o f com mission of any crime, the incharge Police Officer of FS shall seiz e 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 prop er Panchnama for sei zure as per the provisions of CrPC to the person from whom such items a re seized. He shall ensure that case is submitted in the Court of competent jurisdiction within 24 hrs. The Magistrate of the FS will ensure tha t proper procedure is followed and there is no law and order problem. 5. 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 E xpenditure Observers, and shall also send Daily Activity report in respect of model code of condu ct violations to RO, DEO, S.P. and General Observer in the format as given in Ann exure-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 conso lidated report in the same format ( i.e.,: Ann exure – A & B) on the next day by fax/ e-mail to the Commission w ith a copy to the CEO of the state.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 6. The entire proceeding shall be video recorded. The Inchar ge Officer of FS sh all also file complaints/F.I.R. immediately against (i) the persons, receiving and giving bribe; and (ii) any other person from whom contraband items are seized, or (iii) 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.O. for public information and be sent to the DEO, General Observer, Expenditure Obs erver and Police Obs erver. The Expenditure Observer shall mention it in the Shadow Observation Register, if it has links with any candidate’s election expenditure. 7. In case, a complaint is received about distribution of cash, gift items, liquor or free food; or about threat/ intimidation of electors; or of movement of arms/ammunitions/ antisocial elements 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 police station of that area, who shall rush a team to the spot for taking necessary action on the complaint. All seizures made by the police authorities either on receipt of complaints 320 forwarded by FS or received independently shall also be reported to the FS which shall incorporate such seizure reports in its Daily Activity Reports in relevant rows/columns and this is done to avoid dup lication of reports of s eizure.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 8. Each FS shall announ ce through a Public address system, fitted onto its vehicle, the following in local language in the area un der 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 bo th. 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 know ledge 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”. 9. As per C ommission’s instruction No. 23/1/2015 -ERS, dated 21 -02-2015, Booth Level Awareness Groups (BAGs) formed for purification and authentication of electoral rolls of the booth will also be associated in collecting the evidences of malp ractices taking plac e in their area either by mobile softwa re developed by the Commission o r otherwise. Whenever the BAG provides any information, the Flying Squad should reach the spot within shortest possible time and take necessary action and gather cor roborative evidences . 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures. 11. After the announ cement 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. 12. All the vehic les u sed by the Flying Squads shall be fitted with the CCTV cameras/ webcams or shall have video cameras (keeping in view the availability and economic viability) for recording the interception made by the Flying Sq uads Static Surveillance Team (SST) 1. There shall be three or more Static Surveillance Teams in each A ssembly Constituency/Segment w ith one executive magistrate and three or four police personn el in 321 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. 2. 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. 3. The Magistrate of the SST shall send Daily Activity report to the D.E.O. w ith copy to R.O., S.P. and E xpenditure Observer, General Observer, and Police observer in a format as per Ann exure –C, on the same day. The S.P. sha ll send daily activity update to Nodal Officer of Police Headquarter, who shall compile all such reports from the district and send a conso lidated 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.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 4. The checking by the SSTs shall be done in the presence of an Executive Magistrate and shall be video-graphed. No such checking shall take place without the presence of Executive Magistrate. The video/CCTV record with an identification mark of date, place and team number shall be d eposited with the R.O, on the next day who sh all 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/-. 5. 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. 6. Checking by SST on the major roads or arterial roads shall commence from the date of notific ation of election . The SSTs shall be controlled by the DEO and S.P. in consu ltation with General Observer and Expenditure Obs ervers and the mechanism shall be strengthened in last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive pockets and during suc h period, the SST shall not be dismantled under any circumstances . 7. 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. 10,000/-, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure. The whole event of checking and seizure is to be captured in a video/CCTV, which will be submitted to the Returning Officer, everyday. 322Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 8. If any star campaigner is carrying cash up to Rs. 1 Lakh, exclusivel y for his/her persona l use, or any party funct ionary is carrying cash with certi ficate 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 vehic le and there is no suspicion of commission of any crime or linkage to any candidate or agent or party functionary, then the SST shall not seize the cash, and pass on the information to the Income -Tax authority, for necessary action under Income - Tax Laws. 9. During checking, if there is any suspicion of commission of c rime, the seizure of cash or any item shall be done by the incharge Police Officer of the SST as per provision of CrPC in presence of the Execut ive Magistrate. The P olice Officer in cha rge o f SST shall file complaint/FIR in the Court, having jurisdiction, within 24 hours. 10. 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, unle ss there is a lady o fficer. The FS shall also supervise the functioning and proper conduct of SSTs during checking in their areas. 11. Advance training of FSs and SSTs should be done as per direction of the Commission. The DEO and the SP of the district sh all ensure that the teams are constituted and properly trained. The Nodal Officer at the Po lice Headquarters shall ensure that proper training and sensitisation of the police force is this regard is done. 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell).Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell). 13. 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. 10 lac s 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 r equired. 14. Wherever the FS or SST or police authorities receive information about any suspicious items in their area, including movement of huge amount of cash, they shall keep the respective Law enforcement agencies informed about such items. 15. All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit so that timely action by the teams can be monitored.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 16. Release of Cash (i) In order to avoid inc onvenience to the pub lic and genuine pers ons a nd also for redressal of their gri evances, if any, a committee sh all be formed comprising three officers of 323 the District, namely, (i) CEO, Zila Parishad/CDO/P.D,DRDA (ii) Nodal Officer of Expenditure Monitoring in the District Ele ction Office (Conveno r) and (iii) District Treasury Officer. The Committee shall suo -motu e xamine 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 seizur e or where the seizu re is not linked with any candidate or political party or an y election campaign etc., as pe r Standard Operating Procedure, it shall take immediate step to order release of such cash etc. to such persons from whom the cash was seized aft er passing a speakin g order to that effec t. Th e Committee shall look into all cases and take decision on seizur e. (ii) The procedure of appeal against seizure should be mentioned in the seizure document and it should also be informed to such persons at the tim e of seizure of cash . The functioning of this committee should be given wide pub licity, including telephone no. of the convenor of the Committee. (iii) All the information pertaining to release of cash, shall be maintained by the Nodal Officer expenditure monito ring in a register, serially date wise wi th th e details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. (iv) If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relatingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relating to se ized cash/ seized valuables shall be kept pending in malkhana or treasury for more than 7(Seven) days after the date of poll, unless any FIR/Complaint is filed. It shall be the responsibility of the Returning O fficer to bring all such cases before the appe llate committee and to release the cash/valuables as per order of the appellate committee.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 17. It is further informed that the EEMS software for Daily Activity Report, available in the Commission’s website may be used for sending the report to the Com missi on. By order , Sd/- (S. K. Rudola) Secretary Note: Please refer Annexure -B8, B9 & B10 for Annexure - A, B & C. 324 Format for Receipt to be given to persons from whom cash/article is seized Book No…………… ……. Receipt Number…… …… …………. Date …… ……………… ……. Name of the Executive Magistrate …… ……… …… … (Heading the Flying Squad/ Static Surveillance Team) 1. Cash Amount seized Rs…… ………… …… (in words……… ……… …… ……… ……… ……… …… ……) / Other articles seized… ………… ……… ……… …… ……… ……… ……… ……… ……… ……… …… .from Shri……… ……… ……………… ……… ……… …… ……… ……… …….. ……… ……Address:…………… ……… ……… …… ……… ……… ……… …… …………. . Mobile No. ……… ……… ……… ..……… ………… .. at…………… ……… ……… …… …….. (name of place where seized) on dated……… ……… ……… ………… ……falling in the Assembly/Parliamentary Constituency of………… ……… ……………… ……… ……… …… ……… ………… . (Name of State/ UT) …… ……… …… District ……… ……… ………… ………P olice Station ……… ……… ……. … ………… as the entire cash/ other articles is suspected to be used as bribery of the electors. OrCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G7.txt _ 2. The cash Rs…… …… ……… ……… ……… …… ……… ……… ……… …… ……... ( In words Rs ……… ……… ……… …… ……… ……… ……)/- (details of other articles) have been h anded o ver to Sh ri……… ……… ……………… ……...(name and designation of the Officer of Income Tax Deptt.) taking necessary action under Income Tax Laws. (Strike out if not applicable) Appeal Proc edure You may appeal to ……………… ……… ……… …… ………….. (Name of ADM/SDM, heading the Expenditure Monitoring Cell) for redressal of grievance, within seven da ys or you may appe al to Joint Director of Income Tax (Inv.) for necessary relief if action relates to Income Tax deptt . Signature with Stamp (Name, Designation and address of Magistrate) Date: 325Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G8.txt _ Annexure -G8 ELECTION COMMISSION OF INDIA Nirvachan Sada n, As hoka Road, New Delhi -110001 No. 76 /Instructions/EEPS/2015/Vol.V Dated: 20th January, 2016 To The Chief Electoral Officers of All the States and UTs Subject: List of Non -Scheduled Operator’ s Permit holders (NSO P)- Regard ing. Sir/Madam, Kindly find enclosed a copy of letter no. AV.14015/Gen./2008 -AT-I, dated 05.01.2016 received from the Director General of Civil Aviation, New Delhi forwarding therewith list of service providers for Non -Sche duled Operators Permi t Hol ders. The office of DGCA has infor med that the NSOP holders (Serv ice Providers) are free to fix the hiring charges and such charges are not being regulated by the office of DGCA. I am directed to request you to kindly bring it to the notice of all th e Dis trict Election Officers and other election authorities impressing that whenever necessary, the information regarding hiring charges of helicopters/aircrafts etc. may be obtained by them directly from the Non -Scheduled Operators Pe rmit Holders. Yours faithfully, Sd/- (AVINASH KUMAR) SECR ETARY Enc. As above (33 pages) Copy to Shri Ved Prakash, Director of Operations (Air Transport), O/o the Director General of Civil Aviation, Technical Centre, Opp. Safdarjung A irport, New Delhi ( By Special Messenger) , with the request to facilitate the desired information and keep upda ting the list on the website of DGCA so that the election authorities are able to obtain latest information during election process. Sd/- (AVINAS H KUMAR) SECRETARY 326Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9.txt _ Annexure -G9 ELECTI ON CO MMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2016/Vol.II Dated: 4th April, 2016 To The Chief Electoral Office rs of all States/UT s Subject: Standard O perat ing P rocedure for follow up action by the Flying Squads on receip t of complaints relating to storage of cash or other valuables etc. in any premise - Regarding. Madam/Sir, I am directed to refer to the Commissio n`s letter No.76/In structions/2015/EEPS /Vol. II dated 29th May 2015 and to stat e that the instructions therein provide a comprehensive SOP in respect of deployment of Flying Squads, SSTs etc for seizure and release of cash and other items during election p rocess. The SOP cov ers instances of comp laints relating to movement of large sum of cash etc. suspected to be for the purpose of bribing of voters etc. However, it is seen that there is lack of clarity in respect of the procedure to be followed by the comp laint monitoring ce lls and Flying Squads in respect of complaints relating to s torage of large amount of cash at any premise which is suspected to be for illegal use in connection with election. Accordingly, it is decided that the following procedure may be strictly followe d by the complaint mo nitor ing cell, DEMC or the Expenditure Observer on receipt of such com plaints or information that large amounts of cash or other valuables are lying at any premise which may be used for bribing of voters. 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9.txt _ 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action. 3. A team of Flying Squ ad will be immediately rushed to the spot. The team will deploy persons at some distance yet within sight from the premises for continuous surveil lance of the premis e till the team from Incom e Tax Department arrives or it is conclusively inferred from disc reet enquiry that the information is not genuine. If required, videography can also be made. 327 4. Neither the Expenditure Observer, nor any member of the Flying Squad wi ll enter the premise befor e arrival of the Income Tax Team. 5. Any action with regard to sear ch and seizure will be undertaken by the Income Tax Department as per procedure laid down under the Income Tax Act. However, the members of the Fl ying Squad team or the Expenditure Obser ver m ay enter the premise if their serv ices are required by the Income Tax team, which would be strictly under the provisions of the Income Tax Act including authorisation etc. 6. The DEO/ SP are expected to provide ne cessary assistance in execution of the s earch by the Income Tax team. 7. The Flying Squad team (teams) should be present in the vicinity for interception and checking of persons entering or coming out of the premise during the period of the search. Cash or v aluables etc found in such vehicles/ wit h suc h persons may be seized by the Fly ing Squad as per laid down proc edure. 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G9.txt _ 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own. 9. The instruct ion contained in pa ra 4.2.8 of the Compe ndium of Instructions must be strictly complied by the Expenditure Obs erver. He shall co -ordinate with the Enforcement agencies and shall ensure that there is free flow and exchange of information among all agencies. On receipt of info rmation from any agen cy, a ction is to be taken promptly by t he law enforcement agency conce rned. You are requested to kindly bring it to the notice of the Income Tax Department, Police Department and all the election authorities for com pliance. Kindly ac knowledge the receipt of this letter. Yours faithfully, Sd.- (Satyend ra Kumar Rudola) Principa l SecretaryCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ Annexure -G11 M-11045/7/2023 -Distribution -PNG Government of India Ministry of Petroleum & Natural Gas Shastri Bhawan, New Delhi Dated 2nd August, 2023 To, The Chairman and CMD, IOCL, BPCL, H PCL, MRPL, NRL, RBML, NEL, Shell and RSIL Subject: Curbing the abuse of sale of coupons for buying fuel at R etail Outlets during elections -reg Sirs, I am directed to refer to the subject mentioned above an d to inform that the Ministry has received a letter dated 18.07.2023 from Elect ion Commission of India (ECI) intimating that the General Election to the Legisl ative Assemblies of C hhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Telangana is to be condu cted shortly by the Commission and General Electio ns to Lok Sabha and Legislative Assemblies of some more States/UTs is due in the next year 2024 (letter enclo sed). 2. ECI vide their earlier letter dated 23.03.2023 had stated that there is a mechanism put in place by the Commission to control the abuse of money power and excessive e lection expenditure which is under reported. Further, Commission was apprised in the past of sale of coupons for buying fuel and other petroleum products etc. during currency of elections without routing through the books of ac count by the Political Party or candidates or other persons to escape the reporting of expenditure on their p art which also amounts to bribery and punishable offence under section 123 B of the R. P. Act, 19 51. These unlawful activities disturb the level playing field during elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 3. Oil Marketing Companies (OMCS) are, therefore, advised to take all the appr opriate measures to prevent and check sale of such coupons for buying fuel in the poll bound States/UTS and their neighboring States/UTS, so that i t does not vitiate the electoral process. This Ministry may also be apprised of the actions/ measures taken b y OMC s. Yours sincerely, Sd/- (A. K. Sinha) Under Secretary to the Govt. of India Tele: 23070329 335 Anne xure -G12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/SOP/ESC -ESP/ECI/EEPS/2023 Dated: 3rd August, 2023 To The Chief Electoral Officers All States/UTs Sub: Standard Ope rating Procedure (SOP) for identification of Expen diture Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs) -Reg. Madam/Sir, I am directed to forward herewit h Standard Operating Procedure (SOP) for identification of Expe nditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs ) with the request to bring it to the notice of all DEOs and ROs for necessary compliance. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary 336 Standard Ope rating Procedure for identification of Expenditure Sensitive Constituency (ESCs) and Expenditure Sensitive Pockets (ESPs): 1. The Chief Electoral Officer of the State/UT is required to identify a Constituency as Expenditure Sensitive Constituency (ESC) which is prone to high expenditure and corrupt practices, on the basis of history, profile of the constituency and past developments after having discussion with District Election Officers, State Police Department, and enforcement agencies which participate in e xpenditure monitoring process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 2. The Chief Electora l Officer of the State/UT will organis e the meeting with the State Level Nodal Officers of various enforcement agencies at least 6 months before the month of expiry of the Legislative Assembly of the State/ UT and/or Lok Sabha, to identify mapping of sensitivities on two main grounds. a. Functiona lities like main cohorts of cash, liquor, drugs, precious metals and freebies. b. Area wise sensitivities (District wise, group of district wise, AC wise)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 3. There is a checklist given below which are indicative empiric al parameters (These empirical paramet ers have been recollected from experiences in States/UT which underwent polls in past as well as it contains inputs from Technical Expert and CEOs of Group IV). This li st is only indicative and may be supplemented with specific other expenditure s ensitivit ies as deliberated by the CEO Office in consultation with Nodal Officers of enforcement agencies as mentioned in point 1. The indicative list of empirical parameters of identifying ESC is given below: i. High amount sei zure of cash, liquor, drugs/narcotics, precious metals/jewellery, freebies etc. during the last two Assembly/Lok Sabha election. 337 ii. High amount of seizure of cash, liquor, drugs/narcotics, precious metals/jewe llery, freebies, etc. in the preceding six months of announcement of election. iii. Constituency sharing State border and / or International border with neighboring State/UT and / or Country be identified as ESC based on history of seizure or other incidents du ring pa st elections. iv. Constituency having a signifi cant number of Expenditure Sensitive Pockets (ESPs). v. Information about treasury chests which show a 20% or more increase in demand for currency in the six months leading up to announcement of elections be o btained from RBI for identification of ESCs. vi. Unusually high number of online/di gital transitions from a few to many accounts, mostly of small denominations, starting witnessed by banks 6 months before probable date of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 4. After the broad sensitivities a re comp iled by CEO Office in consultation with Sta te Nodal Officers of enforcement agencies, the district wise findings will be communicated to DEOs which in turn will discuss and seek further inputs by forming a District Intelligence Committee comprising of dist rict level officers of enforcement agencies. In case of few Central Agen cies where the strength in State is very few, District Intelligence Committee may seek inputs directly from State Level Nodal Officers in place of district level officers of res pective enforcement agency. 5. The District Intellige nce Committee as mentioned above will give its inputs back to CEO office within stipulated time which is = (Poll month of corresponding previous elections minus 5 months). CEO Office will compile detailed l ists wi th observations and comments and will inform Commission within timeline of Poll month of corresponding previous election minus 4 months (Poll month minus 4 months). This list shall be 338 marked as confidential and will contain ESCs, Assembly Constituen cy wise, including nature of sensitivity and prepa redness (what to do ?) and strategies to overcome the challenge (how to do?). 6. Sticking to timelines is important as the list and observations received from CEOs four months in advance from the month of expi ry of t he Legislative Assembly of the State/UT and/or Lok Sabha is required to be perused for making adequate arrangements for quality monitoring. 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies. 8. The list of ESCs is to be furnished in the format prescribed as under: Sl. No. Name of Expenditure Sensitive Constituency (ESC) Name of District ESC as per empirical criteria Criteria’s mentioned by which agency/agencies Detailed note on nature of sensitivity of ESC 339 Standard Operating Procedure for identification of Expenditure Sensitive Pockets (ESPs): 1. The District Election Officer (DEO), Superintendent of Police (SP) in consultation with the Expenditure Observer (EO), deployed in the constituency shall identify the Expenditure Sensitive Pockets (ES Ps) in the constituency during first visit of the EO. 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused. 4. ESPs are to be kept under 24 x 7 surveillance by Flying Squads (FSs) and Static Survei llance Teams (SSTs) particularly during last three days of poll. The re shall be a mix of Central Paramilitary Force in the SSTs during this period. 340 Anne xure -G 13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/ SOP/EEM/EEPS/2023 Dated: 23rd November , 2023 To The Chief Electoral Officers of All States/UTs Subject: Standard Operating Procedure for seizure and release of cash and other items - Regarding Madam/Sir, I am directed to refer to the Commissi on`s letter no. 76/Instructions/EEPS/2015/Vol.II, dated 29th May, 2015 (copy enclosed) , forwarding therewith Standard Operating Procedure for seizure and release of cash and other items, and to draw your attention to the instructions laid in ‘Para 16 -Relea se of Cash ’ and to request you to ensure compliance of the instructions in letter and spirit during election process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 2. There are instances of keeping cash and valuables in Treasury/Malkhana without any FIR/Complaint . The Commission is concerned ab out the grievances of public and hence, it is reiterated that a s per instruction laid in ‘Para 16 -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 f ormed comprising three officers of the District, namely, (i) CEO, Zila Parishad/CDO/PD, DRDA, (ii) Nodal Officer of Ex penditure Monitoring in the District Election Office (Convenor) and (iii) District Treasury Officer . Name of such committee will be ‘Distr ict Grievance Committee’ , who shall suo -moto 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 politi cal party or any election campaign etc., as per SOP dated 29th May, 2015, it shall take immediate step to order releas e of such cash etc. to such persons from whom the cash was seized after passing speaking order to that effect. If the release of cash is m ore than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept informed before the release is effected.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure -G11.txt _ 3. It is to be ensure d that functioning of ‘District Grievance Committee’ should be given wide publicity, including telephone number of the Convenor of the Committee. 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. It is also to be ensured that during election process the ‘Di strict Grievance Committee’ headed by CEO, Zila 341 Parishad/CDO/PD, DRDA will meet once in 24 hours at a predeclared place and time. All the informatio n pertaining to release of cash shall be maintained by the Nodal Officer of Expenditure Monitoring in a regi ster, serially date wise with the details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. 4. In no case, the matter relating to seized cash/valuables shall be kept pending in Malkhana or Treasury for more tha n 7 (seven) days after the date of poll, unless any FIR/Complaint is filed. However, ‘District Grievance Committee’ should not delay in taking decision and keep pending any case unnecessarily upto the 7th day of date of poll. It shall be the responsibility of the Returning Officer to bring all such cases before ‘District Grievance Committee’ and to release the cash/valuables as per order of the Committee. 5. You are requested to bring it to notice of all DEOs, ROs, el ection authorities concerned inclu ding Observers, all Nodal Officers of various enforcement agencies involved in Election Expenditure Monitoring for necessary compliance . Yours faithfully, Sd/- Encl. As above (Anup Kumar Khakhlary ) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6.txt _ Annexure -D6 ELECTION COMMISSION OF IN DIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.464/INST/2011/EPS Dated: 28th March 2011 To The Chief Electoral Officers of 1. Assam, Dispur 2. West Bengal, Kolkata 3. Kerala, Thiruvananthapuram 4. Tamil Nadu, ChennaiCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6.txt _ 5. Puducherry, Puducherry Subject: General Election to Legis lative Assembly, 2011 -Vehicle permit for district office bearers of recognized political party regarding. Sir, With reference to the subject ci ted and in partial modification of the Commission’s instruction of even no. dated 23rd March, 2011, I a m directed to state that the Commission has reviewed the matter and has now decided that if any political party applies for permission for vehicles to be used by their district level office bearers/ leaders(other than the star campaigner) for their visit t o multiple ACs within the district for electioneering purposes, necessary permission should be given by the DEO of the district concerned. In such cases, the permit shall be in the name of the person while also mentioning the registration no. of the vehicl e. The expenditure on this vehicle shall be incurred by the political party and not by the candidates. This permit should not be used for travel in other districts. I am to further state that the Commission has directed that for a particular district only one permit may be issued for a recognized party whether national or state. It is further stated that the permit should be issued indicating t he name of the political leader, the No. of vehicle and also the period for which issued. The permit ma y be issued on a paper of a colour different from those used for issuing permits to candidates and star campaigners, so that it can be easily recognized. An attested copy of the permit shall be prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/-Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D6.txt _ prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/- (SUMIT MUKHERJEE) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D8.txt _ Annexure -D8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110001 No.464 /AP- HP & AP-LA/BE/2011 /EEM Dated: 3rd June 2011 To The Chief Electoral Officer of All States and UT Subject: Clarification regarding lodging expen ses being incurred by the ca mpaigners of the contesting candidates. Sir, I am directed to invite reference to the provisions of Section77 of the Representation of the People Act, 195 1. As per Explanation 1(a) read with Exp lanation 2 under sub-section (1) of the said Section, the expen diture incurred by leaders of the political party, who are star campaigners, on account of travel for propagating programme of the party shall not be deemed to be the expenditure of the candidate in conne ction with the election. The expen diture related to booking of hotels and lodges rooms in the constituency by or for the Star campaigners is not exempted un der Section77 of R. P. Act, 1951. 2. I am further directed to inform that all expen diture including lodging/boarding expen ses of star campaigners in the con stituency where they c ampaign for any cand idate shall be included in the expe nditure accou nt 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 expen diture while remaining in a commercial hotel or lodge for the purpose of election campaign of the cand idate irrespective of the fact whether the payment is made by such cand idate or not.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D8.txt _ 3. The market value of such commercial boarding and lodging is to be calculated towards the election ex penditure of the candidate, even if the boarding and lodging is provided as complimentary. It is further clarified that if the star campaigner while availing the boa rding and lodging in one constituency, travels to another constituency to campaign for other candidates, then the lodging and boarding expense will be proportionately distributed as the expense of those candidates. 4. A notice may be issued immediately in all such ca ses and it should be processed accordingly. 5. This disposes of Chief Electoral Officer, Andhra Pradesh, letter no. 1760 /Elecs.D/2011 - 7, da ted 30.04 .2011. Yours faithfully, Sd/- (AVINASH KUMAR) UND ER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D11.txt _ Annexure -D11 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No. 76/Instructions/2012 /EEPS/Vol.I Dated: 9th February, 2012 To The Chief Electoral Officer of all the States/UTs Sub:- General Elections to Legislative Assemblies of Uttar Pradesh, Punjab, Uttarakhand, Manipur and Goa-2012- Clarification on use of Video Vans during election by contesting candidates and political parties-Reg. Sir/Madam, I am directed to refer to Commission’s letter no. 437/6/INST/2008 -CC&B E dated 31st October, 2008 (copy enclosed) regarding use of video van etc. by political parties and candidates during election and to state that clarification has been sought regarding accounting of expenditure on this sorts by the political parties or candidates. In the subject matter it is clarified as under:- (i) If the Video Van is for political party used during election process for general party propaganda w ithout mentioning the name of any candidate or photo of candidate of any constituency, then it shall be book ed to party account, which shall be reported within 75 days by the party after completion of election in case of Assembly election or within 90 days in case of Lok Sabha election. (ii) If the name(s) or photo(s) of candidate(s) are displayed or any posters/banners of the candidate(s) are displayed thereon and the van is used in his constituency, then the expenditure has to be accounted for by such candidate(s). Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY 182Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D12.txt _ Annexure -D12 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 61/Complaints /AP-LS/2012/EEPS Dated:19th July, 2012 To The Chief Electoral Officers of All States/UTs Subject: Collection of information from banks regarding suspicious transactions during electioneering under Article -324 of the Constitution - regarding Sir, With refere nce to the suggestions of Indian Banks’ Asso ciation vide letter no. LEGAL/5946, dated 6th June, 2012 (copy enclosed), I am directed to state that in order to maintain purity of election process, the District Election O fficers (DEOs) sh all call for the following information from the Banks regarding susp icious cash transactions made through the banks during the election process: (i) Unusu al and suspicious cash withdrawal or deposit of cash in a bank account exceeding Rs. 1 lakh during the process of election, without any such instance of deposit or withdrawal during the last two months. (ii) Unusu al transfer of amount by RTGS from one bank account to the accounts of s everal persons in a district/constituency during the election process without any precedent of such transfer. (iii) Any deposit of cash or withdrawal of cash exceeding Rs. 1 lakh from bank account of candidates or spouse or his dependants, as mentioned in the affidavit filed by candidates which is available in CEO’s website. (iv) Any withdrawal of cash and deposit of cash exceeding Rs. 1 lakh in the account of the political party during the election process. (v) Any other suspicious cash transactions, which might be used for bribing the electors.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D12.txt _ 2. The above information shall be processed by the DEOs and wherever it is suspected that the cash may be used for bribing of electors, then Flying Squad may be asked to take 183 necessary action, after due verification. How ever, if the amount of cash deposit or withdrawal is more than Rs.10 lakh, then such information shall be passed on to the Nodal Officer of the Income Tax Department, for taking necessary action under the Income Tax laws. Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to: Shri K Ramakrishnan, Chief Executive, Indian Banks Asso ciation World Trade Centre Complex, Centre 1, 6th Floor, Cuffee Parade, Mumbai-400005, with request to inform all banks for compliance during election process. Sd/- (AVINASH KUMA R) UNDER SECRETA RY 184Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ Annexure - D13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No.76/Instructions/EEPS/2013/Vol. VIII Dated: 14th November, 2013 To 1. The Chief Electoral Officer Madhya Pradesh Bhopal 2. The Chief Electoral Officer Rajasthan Jaipur Subject: Prevention of Storage and Illegal Distribution of Liquor during elections - Instructions to DEOs for Daily Report of liquor Sale - matter reg. Sir, I am directed to draw your attention to the instructions of the Election Commissi on of India regarding Production, Storage and Distribution of Liquor during Election (ECI Compendium of Instructions on Election Expenditure Monitoring, July 2013 section 5.10.6, page 28). I am further directed to inform that preventing illegal liquor dist ribution during the election is one of the very important responsibilities of the Collector & District Election Officer and the Superintendent of Police. Observers of the Election Commission are also expected to monitor such activities. 2. In this regard d etailed instructions have been issued from time to time and list of IMFL shops are be made available to the DEOs where there had been suspicious increase in sale of IMFL. The DEOs are also aware that all the excise units of the districts, namely - Distiller ies, Bottling Units, Liquor Warehouses have been brought under continuous surveillance of the officials concerned. In important units, officers and armed forces are to be posted round -the- clock. Moreover, almost in all districts, available officials are to be given the special responsibility of monitoring liquor flow during the elections. Some of the officials will have to be deployed on the border check p ost to prevent cross -border liquor movement during the elections.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ 3. Though, these steps have resulted in significant tightening of excise machinery in the State, yet the situation needs further improvement at district level. The retail outlets of liquor are 185 turning out to be highly vulnerable from liquor distribution point of view. All District Collectors and Superintendent of Police need to work on this in a more focused and systematic way. 4. The Commission has been receiving following complaints: A. St orage of cheaper brands of IMFL and country liquor in local slums, shanty towns and remote rural pocket s for distribution prior to election. This storage is happening with help from the retail shops which are selling liquor in bulk to individuals, in contravention of State Excise Act and General and Special License Conditions. B. Stock registers are not bei ng maintained in some of the shops. It has been reported that some shops, even though maintain the stock register, they do not maintain brand -wise stock register. This creates serious problems in monitoring the daily sales and makes physical stock verifica tion of the shops almost impossible. C. Coupons are being issued by the candidates, which are convertible into liquor bottles at the shops. This is violation of conditions of State Excise Act/Rules, which prohibits sales in any form other than cash.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ 5. In view of the above, I am directed to request for compliance the following instructions: - I. Daily Monitoring of liquor sales: - Each district has, on an average 25 liquor retail shops. The district Collectors must ensure to get daily report of the shops w here there has been significant increase in the sales. A good way of doing that will be to take the average daily sale of October 2013 for each of your liquor retail shop and compare daily sales figure with the October average. Wherever the sales figure ex ceed by 30% or more, it points to a possibility of bulk sale. These need to be investigated and severe action must be taken against the shop which may in clude even cancellation of the license. For this a prescribed form for reporting is enclosed in Annexur e-1. The District Collector is expected to get this report from the District Excise Officer/Assistant Commissioner and after taking suitable action send the report to the Election Commission (CEO) along with his remarks, in the format prescribed in Annexu re-2. II. Ensuring maintenance of stock register: - It has been found during surprise inspections that some of the shops are not maintaining the stock register at all, or are maintaining it without following the prescribed format. This is done with a view to hide bulk sale information and to make stock verification very cumbersome. 186 District Collectors with the help of the District Excise Officer/Assistant Commissioner must ensure proper maintenance of brand -wise stock register in all shops. III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops. IV. Listing and close monitoring of sensitive liquor shops: - Classify the liquor shops in your district as sensitive based on the following crite ria:- A. Those shops which, on 01.11.2013, have liquor stock which is 50% or more than the liquor stock on 01.11.2012. The list of such IMFL shops has a lready been communicated. However, you need repeat this exercise for Country Liquor shops in your distr ict. B. Shops, which are located in a slum or are located in close proximity of a slum. C. Shops located away from main roads and located in interior rural pockets. D. Shops which show more than 30% increase in sales on any day in November as compared with their average daily sales of October, 2013. These shops must be monitored and their brand -wise stock register checked on daily basis. V. Prevention of liquor storage for distribution in election: Slum areas, shanty towns, camps (if any) in urban areas and remote or poorly accessible habitations in rural areas are potential storage points for illegal liquor. District Collectors with the Excise Officials are expected to identify such locations and conduct frequent police patrolling and raids in such loca tions.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ 6. In the light of all the above instructions, I am directed to request you to issue suitable instructions to the Collectors & District Election Officers to give a daily report in the format prescribed in Annexure -2 to the Special Secretary Excise (CEO) , State Government, who will send a compiled report for the entire state to the Commission. 7. These instructions may be brought to the notice of all DEOs, SPs, all Observers and officers of Excise Deptt. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 187 Copy forwarded for necessary action to: 1. Shri D.R. Johari, Addl. Excise Commissioner and Nodal Officer on Ex cise, C -100/50 Shivaji Nagar, Bhopal, Madhya Pradesh (By Camp Bag/Speed Post/email) 2. Shri Jitender Kumar Updhayay, RAS, Addl. Excise Commissioner (Adm) Zone, Udaipur, Rajasthan(By Camp Bag/Speed Post/e -mail) Below Annexure 1 Daily Report from District Excise Officer to Collector for Liquor Monitoring (Only those shops, which have 30% or more increase in sales ove r average ---------- date----------- month ---------- year daily need to be reported.) Name of the District: Date: S.No. Name and address of the shop Average daily sales of ---date- ------ month ---- --year (in Bulk Litre) Yeste rday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action taken 188 Below Annexure 2 Daily Report from Collector and DEO to CEO for Liquor Monitoring Name of the District: Date: 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district:Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D13.txt _ 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district: 3. Brand -wise stock reg ister maintained in all shops: (yes/no) (Please mention action taken against those s hops where a violation is found and mention if the proper brand -wise stock registers is maintained since) 4. List of sensitive liquor retail shops in the district: (Please enclose the list with complete address and licensee name and reason for classifying it as sensitive) S. No. Name and address of the shop Licensee Name Reason for classifying it as sensitive Steps taken for close monitoring 5. Ac tion taken against any liquor shops for any violations: (Specify the action and penalty levied, if any) S. No. Name and address of the shop Licensee Name Violation Detected Action Taken Violation rectified or not 6.List of possible illegal liquor storage locations in the district: S. No. Name of the location Name of the mohalla/village Reason fo r being a potential storage area Preventive or corrective step taken 189 7.Daily liquor sale monitoring report (Only for shops having over 30% incre ase in sale as compared with average daily sale of --------- date---------- month ---------- year ): - S. No . Name and address of the shop Average daily sales of -------- date------ month ----- ----year (in Bulk Liter) Yesterday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action takenCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ Annexure -D14 ELECTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 11000 1 No. 491/SM/2013 /Communication Dated: 25th October 2013 To 1. Chief Electoral Officers of all States and Union TerritoriesCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ 2. Presidents/General Secretaries of All National/State recognized Political Parties. Sub: Instructions of the Commission with respect to use of Social Media in Election Campaigning. Sir, The Commission’s attention was drawn to use of social media for election campa igning and also certain violations of the Electoral Law in the social media, which need to be regulated in the interest of transparency and level playing field in the elections. Social media refers to the means of interactions among people in which they create, share, and/or exchange information and ideas in virtual communities and networks. It differentiates from traditional/industrial media in many aspects such as quality, reach, frequency, usability, immediacy, and permanence. The prevalence of Web and social media has increased over the years and there have been demands from the political and social groups to regulate the social media during elections as other media is regulated. There are broadly five different types of social media: a) collaborative projects (for example, Wikipedia) b) blogs and micro blogs (for example, Twitter) c) content communities (for example, You Tube) d) social networking sites (for example, Face book) e) virtual game-worlds (e.g., Apps) Legal provisions relating to election campa igning apply to social media in the same manner in which they apply to any other form of election campa igning using any other media. Since social media is a relatively new form of media, it appears necessary to clarify to all concerned by the following instructions:- A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this FormCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this Form 191 requires that email ID of the candidate, if any, should be communicated to the Commission in this Form. The Commission finds it necessary that authentic social media accounts of candidates should also be informed to the Commission. This information should be furnished in the said Para 3 as follows:- “My contact telephone no.(s) is/are…… …………… ., my email ID (if any) is ……… ……… ., and my social media accounts (if any) are……… ………… ……… ..” B. Pre-Certification of Political Adverti sements In pursuance of the Hon’ble Supreme Court of India’s Order in SLP (Civil) N.6679/2004, dated 13 April,2004, the Commission issued detailed instructions on this subject vide its order no. 509/75 /2004/J S-1/4572 dated 15.04.2004. In this order, it was stated that every registered/national and State political pa rty and every contesting candidate proposing to issue advertisements on television channels and/ or on cable network will have to apply to Election Commission of India/designated officer for pre-certification of all political advertisements on electronic media before the publication. The order was further modified and consolidated vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of the Commission contained in its order No.509/75/2 004/JS-1/4572 dated 15.04.2004 shall also apply mutatis mutandis to websites including social media websites and shall fall under the purview of pre-certification. You are, therefore, requested to ensure that no political advertisements are released to any internet based media/websites, including social media websites, by political pa rties/candidates without pre-certification from competent authorities in the same format a nd following the same procedures as referred in the aforesaid orders. C. Expenditure on campaigning through internet including social media websites. According to Section 77, sub section (1), of Representation of the People Act,1951, every candidate is required to keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has filed nomination and the date of declaration of the result thereof, both dates inclusive. The Hon’ble Supreme Court of India had directed in Common Cause Vs. Union of India in 2005 that political parties should also submit a statement of expenditure of elections to the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and politicalCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and political parties shall include all expenditure on campa igning, including expenditure on advertisements on social media, both for maintaining a correct account of expenditure and for submitting the statement of expenditure. This, am ong other things, shall include payments ma de to internet companies and websites for carrying advertisements and also campa ign related operational expenditure on making of creative development of content, operational 192 expenditure on salaries and wages paid to the team of workers employed by such candidates and political parties to maintain their social media accounts, etc. D. Application of Model Code of Conduct to content on internet including social media. The Commission has a model code of conduct in place during the elections in respect of political parties and candidates which remains in force from the date the elections are announced by the Commission till the completion of elections. It is clarified that the provisions of model code of conduct and related instructions of the Commission issued from time to time shall also apply to the content being posted on the internet, including social media websites, by candidates and political parties. E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D14.txt _ E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning of political parties and candidates. These instructions may please be brought to the notice of all concerned including candidates, political pa rties, media and election observers for immediate necessary action. Yours faithfully, Sd/- (Rahul Sharma) (Under Secretary) Tel. 011-23052070 Email: rahulsharma.eci@gmail.com 193Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15.txt _ Annexure - D15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No. 76/Instructions/2012/EEPS/Vol. I Dated: 22nd January 2014 To The Chief Electoral Officers of all States & UTs Subject: Clarification regarding expenditure incurred by leaders of political party (Star - Campaigners) ------- under explanation 1 to section 77 (1) of R.P. Act, 1951 ------ matter regarding. Sir/Madam, In supersession of the Commission’s letter of e ven no. dated 18th April, 2013, letter nos, 76/2009/SDR, dated 31st March,2009 and 20th August, 2009 and para (iii) of letter No. 437/6/INST/2008, dated 31-10-2008 and para 3 of letter No. 76/Instructions/2012/EEPS, dated 20-01-2012 (copies enclosed), on t he subject cited, I am directed to clarify as under: - (a) If any attendant including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star -campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that the sai d member of political party or media person or attendant sharing the transport with the leader (star campaigner) do not play any role in election campaign for any candidate in any manner. However, if any such person(s) sharing the transport with the leade r plays any role in election campaign for the candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15.txt _ candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 of section 77 (1) of the R. P. Act, 1951 are to be communicated to the Election Commission of 194 India and the Chief Electoral Officer of the State by the political par ty, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P. Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Officer of the State concerned. (c) If the leader (star campaigner) is a part of any rally, organised outside his constituency, he is entitled to the exemption provided under Explanation 1 of section 77(1) o f the R. P. Act,Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure - D15.txt _ 1951.However, if the leader (star campaigner) is also contesting election in any constituency, then he is not entitled to any benefit u/ s 77 of the said Act, for the travel expenses incurred within his own constituency and the expenses on meeting or rally organised by him in his constituency including the travel expenses are to be added to his account of election expenditure. (d) If the rally /meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candidates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidat es. However, if, he (star campaigner) is taking part in a rally/ meeting, along with other contesting c andidates of his party outside his constituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/meeting expense, organ ised outside his constituency shall be added to the election expense of the leader (star campaigner). This may be brought to the notice of all concerned including all political parties in the state. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 195Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16.txt _ Annexure -D16 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS Vol.VII Dated: 9th April, 2014 To The Chief Electoral Officers of all States/Union Territories Subject: General Election to the Lok Sabha, 2014 -Expenditure on Security cover to Ministers/Candidates -Instructions regarding. Ref.: (i) Commission ’s letter No. 437/6/96 -PLN -III dated 09.04.1996 ; (ii) Commission’s letter No. 437/6/2007/PLN.III dated 24.10.2007; (iii) Commission’s letter No. 464/INST/2009/EPS dated 08.02.2009; (iv) Commission’s letter No. 437/INST/2009/CC&BE dated 25.03.2009. Sir/Madam, The Commission has in the past, issued various instructions from time to time regar ding the accounting of the cost which will be incurred on the security to be provided to the Ministers/Star Campaigners/Candidates, as per their security entitlement.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16.txt _ 2. The Commission has received a reference from the CEO, Uttarakhand seeking clarificatio n as to whether the cost incurred on the security vehicle and guards will be paid by the candidates or by the State Government. For removing confusion and for convenience of all concerned, the issue relating to expenditure on security person/security vehic les are hereby collated and reiterated for observance during the period when the Model Code of Conduct is in force: (i) Under the directives of the Gover nment of India, the persons provided with ‘Z+’ (Z plus) security cover are permitted the use of State -owned one bullet proof vehicles for the particular person. Such persons, whether they are holding office or out of it, and whether they are candidates or not, shall be permitted the use of the said State -owned bullet proof vehicles during the election perio d covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand -by should not be permitted unless so specifically prescribed by security authorities in any particular case. The cost of 196 propulsion of such vehicles should be borne b y the person concerned when it is used for non-official purposes during such period. (ii) In case of the visiting political functionaries, who are ‘star campaigners’ sponsored by political parties in pursuance of Explanation of the Section 77 of the R. P. Act, 1951, the expenditure in this regard, will be accounted for in the party’s account. If the star campaigner is a candidate, the propulsion cost of ve hicle in the constituency shall be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16.txt _ be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall n ot exceed them under any circumstances. The cost of propulsion of all such pilot/escorts vehicles, whet her owned by Government or hired vehicles, will be met by the State Government. No recovery need be made also on the cost of the manpower provided.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D16.txt _ 3. These instructions may be brought to the notice of all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 197Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D17.txt _ Annexure -D17 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS/Vol.I Dated: 9th May, 2014 To The Chief Electoral Officer All States/UTs Subject: Travel by the candidate/Star Campaigner after poll and before declaration of result - matter reg. Sir, Instances have been reported that many contesting candidates, including the Star Campaigners of the political parties, use Aircrafts/Helicopters after the date of poll for official or non -official purpose and clarifications have been sought regarding accounting of such expenditure on travel. In t he subject matter, I am directed to clarify as under: (i) The expenses after the poll and before the decla ration of result, which can be said to be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. (ii) Therefore, the expenses on travel of a Star Campaigner or a candidate a fter the date of poll, which are not connected with election shall not be added to any candidate’s account. If the Star Campaigner/Candidate visits the c onstituency, where he or she has contested the election, the travel expenses within the constituency fo r overseeing the counting arrangement before, or on, the date of counting shall be added to his or her account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency after the poll, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of assembly election or 90 days of Lok Sabha election . 2. In this regard, you are hereby requested to inform all the District Election Officers, Expenditur e Observers, Candidates and the Political Parties in the State. Yours faithfully, Sd/- (Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D18.txt _ Annexure -D18 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 61/Complaints/2014/EEPS Vol.VI Dated: 9th June, 2014 To The Chief Electoral Officer of All States/UTs Subject: General Elections to the Lok Sabha -2014 -Accounting of parking charges of aircraft/helicopter -Regarding Sir, The Commission has receive d queries regarding accounting of parking charges being reported by the candidates/party during electioneering. In the subject matter, I am directed to clarify that the parking charges of aircraft/helicopter shall be calculated as under: - 1. In aviation se ctor, parking charges of aircraft (day/night) are levied on aircraft/helicopter operators as per rates determined by Airport Authority of India or by Pri vate airport operator at respective airport. Therefore, the amount for calculation of expenditure of th e candidate shall be charged as per actual amount paid or payable at such airports. At places other than commercial airport, the parking charges should be as per actual amount paid by the operator or candidate. 2. Therefore, the parking charges at commerci al airports should be obtained from the airport authority of India or the private airport operator for calculation of parking charges of any aircraft. For parking at other places, the actual charges paid by the operator or candidate for parking of aircraft shall be taken into account. 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D18.txt _ 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages) 4. You are requested to bring into the notice of all includi ng the Expenditure Observers deployed during currently concluded Lok Sabha Election, 2014 & State Legislative Assemblies Election from Andhra Pradesh, Od isha, Sikkim, Arunachal Pradesh, 2014 and some other Bye - elections. Yours faithfully, Sd/- ( Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure _D19.txt _ Annexure –D19 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject: Permission of vehicles to the contesting candidates and incurring the expenditure in the accounts of electio ns expenses - regarding. Madam/Sir, I am directed to invite your attention to the Commission’s letter N o. 437/6/2007 - PLN -III(Vol -III), dated 16th March, 2007 and to say that each candidate is given permission by the Returning Officer for use of vehicles for campaign purpose during elections. It has come to the notice of the Commission that some candidates take permission for use of campaign vehicles and do not show the expenditure incurred on hiring/propelling of the vehicles in the accounts of their elec tion expenditure. Such vehicles are often used by others during the election process.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure _D19.txt _ 2. Therefore, I am directed to inform that if the candidate, after obtaining permission from the Returning Officer, does not intend to use the campaign vehicle(s), for any period of more than two days, he/she shall intimate to the Returning Officer, to withdraw the permis sion for such vehicle(s). If the candidate, after obtaining permission does not intimate the R.O., to withdraw the permission of such campaign vehicles, it will be presumed that the candidate has used the permitted vehicles for campaign purpose and accordi ngly, the expenditure as per the notified rates on use of such vehicles shall be added to his/ her accounts of election expenses. The details of all such vehicle, permissions and withdrawal requests shall be given to the Accounting Team by the R.O. for acc ounting the expenditure of such candidates. 3 This may be brought to the notice of all the political parties, candidates and their agents, officials conc erned and Expenditure Observers. 4 Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20.txt _ Annexure -D20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/2016/SDR Dated: 30th April, 2016 To The Pres idents/General Secretaries of All recognized and registered unrecognized Political Parties Subject: -Election expenses of candidates and political par ties- travel expenses on visits to foreign countries for purposes of canvassing -regarding. Sir, I am directed to say that as per section 20A of the Representation of the People Act, 1951 inserted by the Representation of People (Amendment) Act, 2010, Indian citizens absenting from their place of ordinary residence in India owing to their employment, educ ation or otherwise outside India (whether temporarily or not) are entitled to have their names registered in the electoral rolls in the constituencies in which their place of residence in India as mentioned in their passports is located. The Indian citizen s so registered as electors in India (called under the Registration of Electors Rules 1960 as ‘overseas electors’) are entitled to vote in their respective native constituencies in India if they happen to be present in their native places on the day of pol l in the constituency in which they are registered as such overseas electors. Pursuant to the above provisions of law, a large number of Indian citizens living abroad have got their names enrolled in the electoral rolls in different parts of the country fo r the purposes of elections to the House of People and State Legislative Assemblies.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20.txt _ 2. It has been brought to the notice of the Commission that in connection with the current round of general elections to the Legislative Assemblies of Kerala, Puducherry , Tamil Nadu & West Bengal and several bye -elections being currently held in some of the States, some candidates are travelling from India to overseas co untries for the purposes of canvassing in their favour to seek votes of the overseas electors residing in those countries. In this context, the Commission would like to clarify that though seeking votes of oversees electors by going abroad by the candidates or their agents or party leaders is not prohibited under the law, all expenditure incurred by those c andidates, their agents or party leaders on their travel, boarding, lodging etc., in those countries would be deemed to be the expenditure incurred or au thorized by the 201 candidates in connection with their election. Thus, all such expenditure would come wit hin the meaning of section 77(1) of the Representation of the People Act, 1951 and will have to be included by the candidates concerned in their accounts of election expenses which are subject to the limits prescribed by Rule 90 of the Conduct of Elections Rules 1961.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D20.txt _ 3. The Commission would, however, like to further clarify that any inducement to overseas electors by way of Air tickets or any other allur ements to them, in cash or kind, to come to India for the purpose of voting at the aforesaid elections would amount to the electoral offence of ‘bribery’ within the meaning of section 171B of the Indian Penal Code, as also the corrupt practice of ‘bribery’ within the meaning of section 123(1) of the Representation of the People Act, 1951. Needless to add th at the commission of the above mentioned electoral offence and corrupt practice of bribery would invite penal action against them under the relevant pro visions of law. Further, any other person or organization offering to bear the travel expenses of overs eas electors to India in connection with the voting in the above elections, or any other such allurements to them to seek their votes, with the consent of the candidate or his election agent, would also attract the same penal action against them. 4. You a re, therefore, requested to inform all the candidates set up by your party of the above provisions or law for their information, guidance and compliance. 5. The above clarifications of law by the Commission will equally apply in relation to all elections to the House of the People and State Legislative Assemblies in future. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (K. F. WILFRED) PRINCIPAL SECRETARY Copy to Chief Electoral Officers of all States and UTs for information and necessary action. It is requested that copy of this letter may be given to all political parties based in the State/UT.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D21.txt _ Annexure -D21 ELECTION COMMISSION OF INDIA Nirvac han Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XX Dated: 18th April, 2019 To The Chief Electoral Officers, All States and UTs. Subject: -General Election to Lok Sabha and Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim, 2019 -Social Media platforms for tracking expenditure on advertisements/transparency reports -Reg. Madam/Sir, I am directed to refer to Commission’s letter no. 491/SM/2013/Communication, dated 25th October, 2013 [Annexure D14 in “Compendium of Instructions on Election Expenditure Monitoring (Feb ruary, 2019)] and to state that Google, Facebook and Twitter are facilitating transparency in paid political advertisement by displaying “Ad Transparency Reports” on their platforms showing the payments made by different political parties for their politic al campaigns on these platforms, at the following links: - (i) https://transparencyreport.google.com (ii) https://www.facebook.com/ads/library/ report/?Source= archive -landing - page&country=IN (iii)https://ads.twitter.com/transparency 2. You are requested to bring it to the notice of all DEOs, ROs, Expenditure Observers and Election Expenditure Monit oring Teams for necessary action. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D22.txt _ Annexure -D22 ELECTION COMMISSION OF INDIA Nirvachan Sadan Asho ka Road New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII Da ted:19th May, 2019 To The Chief Electoral Officers of All States and UTs. Subject: -General Election to Lok Sabha, 2019 -Accounting of expenditure incurred on helipad construction and parking charges - Clarification -Regardi ng. Madam/Sir, It is seen that helicopters are being used in large numbers for the purpose of campaigning by political parties and candidates. A clarification has been sought regardin g expenditure associated with construction of helipads. In this regard, I am directed to clarify that e xpenditure incurred on construction of helipads including expenses related to helipad site development and removal of dismantled material and parking charges of helicopter borne by political party in connection with travel of its leaders, as per Explanatio n 1 of Section 77 of the R. P. Act, 1951 (popularly known as “Star Campaigners”), irrespective of their security entitlement, shall be booked in the acco unt of election expenses of the political party concerned and not in the account of election expenses o f the candidate(s). 2. A star campaigner who is also a candidate, shall account for expenses on hiring of helicopter, preparation of helipad etc. for campaigning within his own constituency. However, the travel expenses incurred for travel out of hi s own constituency for campaigning in other constituencies and to come back to his/her constituency are not to be booked to his/her account. (ECI letter no. 437/6/1/2008 -CC&BE, dated 24.10.2008 copy enclosed).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure -D22.txt _ 4. You are requested to kindly bring the clar ification to the notice of all DEOs, ROs, Expenditure Observers and other election authorities for necessary compliance. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 204Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Annexure -E2 PART – I : ABSTRACT STA TEMENT OF ELECTION EXPENSES I Name of the Candidate Sh./Smt./ Km. II Number and name of Constituency III Name of State/Union Territory IV Nature of Election (Please mention whether General Election to State Assembly / Lok Sabha / Bye - election) V Date of declaration of result VI Name and Address of the Election Agent VII If candidate is set up by a political party, Please mention the name of the politica l party VIII Whether the party is a recognised political party Yes/No Date: Signature of the Candidate Place: Name: PART -II : ABSTRACT OF STATEMENT OF ELECTION EXPENDITURE OF CANDIDATE S. No. Particulars Amt. Incurred / Auth. by Candidate/ Election agent(in Rs.) Amt. Incurred/ authorized by Pol. Party (in Rs.) Amt. Incurred / authorized by others (in Rs.) Total Election expenditure (3)+(4)+(5) 1 2 3 4 5 6 I Expenses in public meeting, rally, procession etc.: - I. a : Expenses in public meeting, rally, procession etc. (ie: oth er than the ones with Star Campaigners of the Political party (Enclose as per Schedule -1) I. b : Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) (ie: other than those for general party propaganda) (Enclose as per Schedule -2) II Campaign materials other than those used in the public meeting, rally, procession etc. mentioned in S.No. I above(Enclose as per Schedule -3) III (a) Campaign, through print and electronic media 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring theCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring the candidate (Enclose as per Schedule -4A) IV Expenditure on campaign vehicle(s), used by candidate(Enclose as per schedule -5) V Expenses of campaign workers / agents (Enclose a s per Schedule –6) VI Any other campaign expenditure VII Expenses incurred on publishing of declaration regarding criminal cases (Enclose as per Schedule -10) VIII VIII Expenses incurred on Virtual Campaign (Enclose as per Schedule 11) Grand Total PART III : ABSTRACT OF SOURCE OF FUNDS RAISED BY CANDIDATE S No Particulars Amount (in Rs.) 1 2 3 I Amount of own fund used for the election campaign (Enclose as per Schedule - 7) II Lump sum am ount received from the party (ies) in cash or cheque etc. (Enclose as per Schedule -8) III Lump sum amount received from any person/ company/ firm/ associations / body of persons etc. as loan, gift or donation etc. (Enclose as per Schedule -9) Total 224 PART - IV FORM OF AFFIDAVIT Before the District Election Officer ..................... .................(District, State/Union Territory) Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : -Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : - (1) That I was a contesting candidate at the general election/bye election to the House of the People / Legislative Assemb ly of …………………………………………….…….. from................................................. ……..……Parliamentary/ Assembly constituency, the result of which was declared on ……......................... (2) That I/my election agent kept a separate and correct account of all expenditure incurred / authorised by me / my e lection agent in connect ion with the above election between ……………… (the date on which I was nominated) and the date of declaration of the result thereof, both days inclusive. (3) That the s aid account was maintained in the Register furnished by the Returning Officer for the pu rpose and the said Register itself is annexed hereto with the supporting vouchers/bills mentioned in the said account. (4) That the account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorised by me or by my election agent, the political party which sponsored me, other associations / body of persons and other individuals supporting me, in connection with the elect ion, and nothing has been concealed or withheld/suppressed therefrom (other than the exp ense on travel of leaders' covered by Explanations 1 and 2 under section 77 (1) of the Representation of the People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an dCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an d other individuals supporting me, in conn ection with the election. (6) That the statements in the foregoing paragraphs (1) to (5) are true to the best of my knowledge and belief, that nothing is false and nothing material has been concealed. Deponent Solemnly affirmed/sworn by ………………….. at ………….this day of 201 ……..before me. (Signature and seal of the Attesting authority, i.e. Ma gistrate of the first Class or Oath Commission or Notary Public) 225 ACKNOWLEDGEMENT FORM To THE RETURNING OFFICER, ________________________ ________________________ ________________________ Sir, I acknowledge receipt of your letter No…………………………….dated…… ………………………. along with its enclosures containing, among other documents, a Register bearing serial No………….. for maintaining of my accounts of election expenses.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ 2. I have noted the requirements of law for maintenance of account of election expenses and lodging of true copy of that account with the District Election Officer / Returning Officer. Yours faithfully, (Signature of Candidate with date) * Strike o ff whichever is inapplicable. .......................................................... .................................................................................... ACKNOWLEDGEMENT (To be filled up by Office) The account of the election expenses in respect of ………………………….......(Constituency) result of which was declared on ……………………. (Date) has been filed by him /on his behalf on …………………... (Date) and has been received by me today the …………….. (Date) of …………………….(Month)……………………(Year). District______ ________________ District Election Officer Office Seal 226 Schedules - 1 to 11: Details of Elections Funds and Expenditure of Candidate Schedule - 1 Expenses in public meeting, rally, procession etc. (ie: other than those with Star Campaigners of the Political party) S. No Nature of Expenditure Total Amount in Rs. Source of Expenditure Amt. incurred / Auth. by Candidate / agent Amt. incurred / by Pol. Party with name Amt. incurred by others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc. 8 Digital TV –boards display, Projector display, tickers boards, 3D display 9 Expenses on celebrities, payment to musicians, other artists remuneration etc. 10 Illumination items like serial lights, boards etc. 11 Expenses on tran sport, Helicopter/ aircraft / vehicles/ boats etc. charges ( for self, celebrity or any other campaigner other than Star Campaigner) 12 Power consumption/ generato r charges 13 Rent for venue 14 Guards & security charges 15 Boarding & lo dging expenses of self, celebrity, party functionary or any other campaigner including Star Campaigner 16 Others expenses Total Schedule - 2 Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) as apportioned t o candidate (ie: other than those for general party propaganda) S. No Date and Venue Name of the Star Campaigner(s) & Name of Party Amount of Expenditure on public meeting rally, procession etc. with the Star Campaigner(s) apportioned to the candidate (As other than for general party propaganda) in Rs. Remarks, if any 1 2 3 4 5 Source of Expenditure Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’sCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’s election campaign ( ie: other than those covered in Schedule - 1 & 2) S. No. Nature of Expenses Total Amount in Rs. Sources of Expenditure Remarks, if any Amt. By candidate / agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 4 Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/ TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitte d by the candidate. The details should include the expenditure incurred on all such news items appearing in privately owned newspapers/TV/radio channels etc. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, social media etc.) Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid / payable, if any Total Amount in Rs. Sources of Expenditure Amt. By candidat e/ agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, ownedCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, owned by the can didate or by the political party sponsoring the candidate. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid/ Total Amount in Rs. Sources of Expenditure Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 228 social media etc.) payable, if any 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -5 Details of expenditure on campaign vehicle (s) and poll expenditure on vehicle(s) for candidate’s election campaign S. No Regn. No. of Vehicle & Type of Vehicle Hiring Charges of vehicle No. of Days for which used Total am t. incurred/ auth. in Rs. Source of Expenditure Rate for Hiring of vehicle / maintenance Fuel charges (If not covered under hiring) Driver’s charges (If not covered under hiring) Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 8 1 2 3 4 Total Schedule - 6 Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By othersCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 1 Candidates’ booths (kiosks) set up for distribution of voter’s slips 2 Campaign workers honorarium/ salary etc. 3 Boarding 4 Lodging 229 5 Others Total Schedule - 7 Details of Amount of own fund used for the election campaign S. No. Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remark s 1 2 3 4 5 6 1 2 3 4 Total Schedule - 8 Details of Lump sum amount received from the party (ies) in cash or cheque or DD or by Account Transfer S. No. Name of the Political Party Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remarks, if any 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 9 Details of Lump sum amount r eceived from any person/company/firm/associations/body of persons etc. as loan, gift or donation etc. S. No. Name and address Date Cash DD/ Cheque no. etc. with det ails of drawee bank Mention whether loan, gift or donation etc. Total Amount in Rs. Remarks 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule - 10 Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (inCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (in Rs.) 1 2 3 4 5 6 7 8 Total Schedule 11 Details of election expenses incurred on Virtual Campaign Sl. No. Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of content creator Name of media to disseminate message Total Amount in Rs. Sourc es of Expenditure Amount by candidate/a gent Amount by political party Amount by others 1 2 3 4 5 6 7 8 Note :Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E2.txt _ 1. In Schedule 5: - (a) copy of th e order containing list of all vehicles for which permit issued by the Returning Officer to be enclosed. (b) If the vehicle is owned by the candidate/his relative/agent are used for election purpose, notional cost of hire of all such vehicles, except one vehicle if owned and used by the candidate, notional cost of fuel and drivers salary f or such vehicle, shall be included in total amount of expenditure in the above table. 2. In all schedules if any expenditure on goods and services, provided by the Poli tical Party; or provided by any person/ company/ firm /associations/ body of persons et c. on behalf of the candidate, then the notional market value of such goods or services are to be indicated, in respective columns. 3. In Part –III, the Lump -sum amount of fund received from the political party or others or the candidate’s own funds, should be mentioned date wise. In all such cases such amounts are required to be first deposited in the bank account of the candidate, opened for election expenses. 4. Each page of the Abstract Statement should be signed by the candidate (Revised by the Com mission vide its letter no. 76/ Virtual Campaign /EEPS/20 22, dated 15th January, 2022 , placed at Annexure -F9) 231Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E4.txt _ Annexure -E4 Election Commission's order No. 76/95/J.S.II dated 10.04.199 5 ORDE R Subject: Language in which the accoun ts of election expenses may be filed by the contesting cand idates. 1. The question of language in which a contesting candidate can file the return of account of election expenses under section 78 of the Representation of the People Act, 1951 h as been examined by the Commission. 2. All statutory documents and forms under the election law are printed and made available in the local approved languages. Candidates and others are permitted to file miscellaneous petitions and representations in local languages. These documents are not rejected on grounds of their not being in English or Hindi. 3. It would be unjust to reject an election expen ses return lodged by a candidate on the ground of its not being in English or Hindi in view of the fact that the cand idates who are not well versed in these languages will feel deprived. If mistakes are found in returns of electi on expenses the same may be ascribed to lack of knowledge of English or Hindi. 4. Apart from the manda tory provision that all statutory documents and forms shall be prepared in local approved languages, the Commission also directs the Chief Electoral Officers in its various important orders and directions to get them translated into local languages if those orders or directions are meant for wide publicity and circulation among the politica l parties, candidates and public in the State.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E4.txt _ 5. Thus, in fairness to the contesting candidates at elections to the House of the People and the State Legislative Assemblies from differe nt States and Union Territories, they will be permitted to file returns of election expenses in English, Hindi or the local language(s) in which the electoral rolls are printed. It shall be responsibility of the Chief Electoral Officers, District Election Officers and Returning Officers to ensure that all the contesting cand idates get the forms/registers/extracts of rules relating to lodging of returns of accou nts of election expenses in the approved regional language for electoral rolls so that no candidate may complain that he is not aware of the statutory requirements relating to filing the returns of election expenses and he is able to maintain his account from day to day properly and accordingly. 233Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7.txt _ Annexure –E7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol. IV Dated:15th October, 2013 To The Chief Electoral Officers of all States and UTs Sub: Opening of separate bank account for election expenditure by the candidates – matter reg. Sir/Madam, I am directed to state that the superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Electio n Commission under Article 324 of the Constitution. Reports are received that the candidates are spending excessive amount in election campaign, which disturbs the level playing field and are not showing correct expenses in the day to day accounts of their election expenses. Therefore, for maintaining the purity of election process, facilitating maintenance of correct accounts of election expenses by the candidates and a lso for their proper monitoring, the Election Commission of India hereby issues the foll owing instructions: (i) In order to facilitate monitoring of election expenditure, each candidate is required to open a separate bank account exclusively for the purpose of election expenditure. This account can be opened any time only for the purpo se of election, not later than one day before the date on which the candidate files his nomination papers. The Account Number of this bank account shall be communicated by t he candidate in writing to the Returning Officer (RO) of the constituency at the time of filing of his nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The saidCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7.txt _ nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The said bank account should not be opened i n the joint name with any family member of the candidate or any other person, if he/she is not the election agent of the candidate. 237 (iii) The bank account can be opened anywhere in the state. The accounts can also be opened in any of the banks including the co -operative banks or in the post offices. The existing bank account of the candida te should not be used for this purpose as it has to be a separate bank account for election purpose. (iv) All election expenditure shall be made by the candidate, only from this bank account. All expenses to be incurred by the candidate on electioneering shall be deposited in this bank account, irrespective of its source of funding including candidate’s own fund. A self -certified copy of the statement of this bank account shall be submitted by the candidate to the DEO along with the statement of the accou nt of election expenditure as required to be filed within a period of 30 days from the date of declaration of results. (v) The candidate(s) shall incur his/her electi on expenses by crossed account payee cheque, or draft or by RTGS/NEFT from the bank acco unt opened for election purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for electionCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7.txt _ purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for election expenses in the said bank account and all their election expenses are to be incurred only from the said account. (vii) The cand idate(s)is also required to ensure that neither their agents and their followers nor they themselves carry cash exceeding Rs.50,000/ - in the constituency during election process, as per direction of Hon’ble Supreme Court in case of Election Commission Vs. Bhagyoday Jan Parishad and Ors. (SLP No. CC 20906/2012). (viii) It is hereby clarified that if any election expenses are incurred without routing it through the said bank account or not by way of cheque or draft or RTGS/NEFT, as mentioned in para (v) abo ve, it will be treated that the candidate has not maintained the accounts in the manner, prescribed by the Commission. (ix) The DEOs shall issue suitable instruction to all the banks or post offices located in their districts to ensure that they open dedi cated counters for election purpose to facilitate prompt service to the candidates in opening of bank accounts. The 238 banks shall also allow withdrawals and deposits from the said account on priority basis during the election period.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure _E7.txt _ 2. I am directed to req uest you to bring it to the notice of all candidates, election officials and all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY *Note: - Please refer Annexure -E11 and E1 2. 239Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E8.txt _ Annexure -E8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 9th June, 2015 To The Chief Electoral Officers of All States and UTs Subject : Donations etc., received by candidates from any person, entity or political party for the purpose of election campaign during election - regarding Sir/Madam, The Commission vide its instruction No.76/Instructions/2013/EEPS/Vol.IV dt. 15.10.2013 has p rescribed that each candidate shall open a separate bank account for election campaign purposes, through which all amounts meant for campaign expenses will be routed. The Commission has also issued instruction No. 76/PPEMS/Transparency/2013 dt.29.08.2014 to the political parties, for making all payments to the candidates by account transfer and not in cash. 2. It has come to the notice of the Commission that apart from political parties, candidates also often receive large donations or loan in cash during election process from other persons or entities for their election campaign expenses. In so far as political parties are concerned, they are required to declare the do nations received in excess of twenty thousand rupees, before the Election Commission, as per the provisions of section 29 C of the R. P. Act, 1951 for claiming tax relief under I. T. Act, 1961.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E8.txt _ 3. In keeping with the above instructions, the Commission hereby directs that in the interest of transparency and accountability, the candidate(s) sha ll also not receive any donation or loan in cash, in excess of Rs. 20,000/ -* from a single person or entity during the election process and all donations/loans in exces s of Rs. 20,000/ -* shall be received by the candidate by A/c payee cheque or draft or by account transfer and the candidate(s) shall maintain the full name and address of such persons/entities, which shall be mentioned in relevant columns of day -to-day accounts and the abstract statement of election expenditure. 4. You are requested to bring it to the notice of all candidates, political parties, DEOs, Expenditure Observers and officials concerned. Yours faithfully, Sd/- (S.K. Rudola) SECRETARY *Note: - Please refer Annexure -E11 and E1 2Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E9.txt _ Annexure -E9 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I Dated: 19th February, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - General Election to Tripura Legislative Assembly, 2018 -Election Ex penditure Limit in adjourned poll for death of a candidate -Reg. Sir, I am directed to refer to the Commission’s notification no. 492/TP -LA/2018, dated 15.02.2018 (copy enclosed) on the subject cited and to clarify that as per section 77 of the R. P. Act, 1 951, the candidates already contesting the election and the newly nominated CPI(M) candidate for 19 -Charilam AC have to maintain their accounts of election expenses from the date of filing their nomination up to the date of declaration of result of 19 -Char ilam AC as per the schedule notified by the Commission vide its aforesaid notification dated 15.02.2018. As per Rule 90 of C. E. Rules, 1961, maximum limit of election expenditure for all the candidates already in the fray and the newly nominated CPI(M) ca ndidate for 19 -Charilam AC is Rs. 20 Lakh. 2. The candidates already contesting in 19 -Charilam AC will continue maintaining their accounts of election expenses as they are maintaining from the date of filing their nomination up to declaration of result of 19-Charilam AC. 3. Whereas, the newly nominated candidate of CPI(M) will maintain his accounts of election expenses from the date of filing his nomination up to declara tion of result of 19 -Charilam AC. 4. You are requested to bring this to the notice of co ncerned DEO, RO, other election authorities, Expenditure Observer, candidates and political parties urgently. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E10.txt _ Annexure -E10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 7 6/ECI/INST/FUNC/EEM/EEPS/2018/Vol. VII Dated: 23rd March, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - Clarification reg arding signature by the candidate himself in the Affidavit in case of death case -Reg. Sir, With reference to your letter no. F.19 (60) -CEO/EEM/GEN/2017 -18, dated 18th March, 2018, I am directed to state that there is no in use for presume the case of accounts in event of death of a candidate and hence the requirement of Section 78 of the R. P. Act, 1951 will cease to be applicable in the case of Khagendra Jamatia, who was a contesting candidate at 29 -Kirshnapur Assembly Constituency (ST) on Trip ura Legislative Assembly Election, - 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRE TARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E11.txt _ Annexure -E11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 12th November, 2018 To 1. The Chief Electoral Officers o f all States and UTs. 2. The President/General Secretary of all Political Parties 3. The Treasurer of all Political Parties Subject: - Revision of threshold Election Expend iture/Donation through cash transaction in a single day by the Candidates/Political Pa rties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. – Regarding. Madam/Sir, I am directed to refer to the Commission’s letter No. 76/Instructions/2011/EEM, dated 7th April. 2011, letter No. 76/Instructions/2013 /EEPS/Vol. IV, dated 15th October, 2013, letter No. 76/Instructions/EEPS/2015/Vol.II, dated 9th June, 2015 and letter No. 76/PPEMS/Transparency/2013, dated 29thAugust/1 9th November, 2014 (copies enclosed) issued under Article 324 of the Constitution wherei n it has been stated that the maximum amount for incurring expenditure in cash is Rs. 20,000/ -. The threshold of Rs. 20,000/ - for incurring of election expenditure by crossed account payee cheque, bank draft or by RTGS/NEFT has been revisited by the Comm ission having regard amendment made in Section 40 A (3) of the Income Tax Act, 1961 with effect from 1st April, 2017. It has been decided that henceforth all electio n expenditure/donation either by/to Candidate(s) or Political Parties exceeding Rs. 10,0 00/- (Ten Thousand) in all the situations covered in the afore -mentioned letters shall be incurred by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with bank account of the Candidate opened for election purpose or by Political Party.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E11.txt _ 2. Accordingly, the figure/word mentioned as Rs. 20,000/ - in Para (1) of the Commission`s letter no. 76/Instructions/2011/EEM dated 7th April 2011, Para(v) of letter no. 76/Instructions/2013/EEPS/Vol. IV dated 15th October 2013, Para (3) of letter no. 76 /Instructions/EEPS/2015/Vol. II dated 9th June 2015, Para (iv) of the letter no. 76/PPEMS/Transparency/2013 dated 29th August 2014 and Para (5) of letter no. 76/PPEMS/Transparency/2013 dated 19th November 2014 shall be substitu ted with word and figure Rs. 10,000/ - (Ten Thousand) . 243 3. The instruction of the Commission shall come into effect prospectively from the date of issue of the letter. I n those cases, where elections have been announced by the Commission, the instruction ma y immediately be brought to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake holders. 4. This also disposes of the CEO, Rajasthan letter no. PA.3(1)(2)I/Aaykar/Nirva./2018/8348, dated 24th Octo ber, 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Note: - Please refer Annexure -D7, E7, E8, F4 and F6.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E12.txt _ Annexure -E12 ELECTION COMMISSION OF INDIA Nirva chan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 30th November, 2018 To The Chief Electoral Officers of all States and UTs Subject: - Revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political P arties above Rs. 10,000/ - (Ten Thousand) by cheque, DD, RTGS/NEFT or other electronic mode etc. -Clarification -Regarding. Madam/Sir, I am directed to refer to the Commis sion’s letter of even number dated 12th November, 2018* regarding incurring of election expenditure by the candidate(s) and political parties exceeding Rs. 10,000/ - (Ten Thousand) by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with the bank account opened by the candidates for election purpose. A clarification has been sought as to whether this amount can be incurred by the candidate(s)/parties in a single day or multiple days or during the entire election proc ess to/from a single person/entity or multiple persons/entities. 2. In partial modifica tion of the Commission’s earlier letter dated 12th November, 2018, it is hereby stated that expenditure exceeding Rs. 10,000/ - (Ten Thousand) in connection with an election, consisting of a single transaction or an aggregate of transactions, entered into with a single person/entity during the entire poll period shall not be incurred by a candidate/political party unless the payment in respect of the same is made by way o f an account payee cheque or draft on a bank or account payee bank draft or by RTGS/NEFT or any other electronic mode linked to the bank account of the candidate.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure -E12.txt _ 3. Further, it is stated that in respect of donations/contributions in cash received by the candidates from a single entity/person in a single or multiple transactions shall not ex ceed to Rs. 10,000/ -. However, in the case of political parties the receipt from donations/contributions shall continue to be governed by the existing provisions of Sec tion 29C of the R. P. Act, 1951. 4. You are requested to bring the above mentioned clar ification to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake - holders. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Copy to: - The President/General Secretary/Treasurers of all Political Parties. *Note: - Please refer Annexure - E11. 245Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F1.txt _ Annexure –F1 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions /2010 Dated: 20th October 2010 To The President/General Secretary, All Recognized National and State Political Parties Subject: Measures taken by Election Commissi on to curb use of money power during elections regarding. Sir/Madam, Instanc es are reported to Commission and also in Media that cash, liquor and several utility items are being used in a clandestine manner during the process of elections for bringing in fluence on the voters. Such distribution of cash, liquor or any other item for gratification of the voters is bribery and is punishable under Indian Penal Code. It is also corrupt practice under R . P. Act, 1951. 2. During the Commission’s meeting with all political parties, held on 4th October 2010 the use of money power during elec tions was discussed and the Commission’s instructions to monitor elect ion expenditure during general election to the Legislative Assembly of Bihar were welcomed by all the partie s. (Copies of Commission’s instructions are available on the website: www.eci.gov.in .) 3. To curb the incidence of such offences the Commission has issued instructions to the Law Enforcement Agencies to form flyin g squads to keep watch over distribution of cash, liquor and other items in th e constituencies during the election process and seize the said items. The services of Investigation Directorate of Income Tax Department have also been requisitioned to keep vig il over movement of cash through Airports, major Railway Stations, Hotels, Far m Houses, Financial Brokers and Hawala Agents. The Commission has also advised the candidates to open separate bank accounts for their election expenses and to make all election expenses through the said bank accounts.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F1.txt _ 4. It is needless to point out that a ny fund provided by the party to its candidates for election purpose a re required to be reflected in the day to day accounts of election expenditure of the candidate and the part ies are also required to maintain and lodge the accounts before the Commission after the election is over. 253 5. In order to maintain the purity of elections and in particular to bring transparency in the process of elections it is advised that political part ies avoid transactions in cash and should instruct their office bearers, offic ials, agents and candidates not to carry huge cash during the on -going process of elections. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (Anuj Jaipuriar) Secretary Copy to: 1. All CEOs wit h request to bring it to notice of all concerned. 2. Chairman, Central Board of Direct Taxes, North Block, New Delhi -110001 3. Director General of Income Tax (Inv), B.C Patel Mar g, Patna -800001 for necessary action. 254Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F2.txt _ Annexure –F2 ELECTION COMMISSION OF IN DIA NRIVACHAN SADAN ASHOKA ROAD NEW DELHI 110001 No. 76/Instructions/2012/EEPS Date: 9th February 2012 To The Chief Electoral Officers of 1. Punjab 2. Uttar Pradesh 3. Uttarakhand 4. Manipur 5. Goa Sub:- General Elections to the Legislative Assemblies of Punjab, Uttar Pradesh, Uttarakhand, Manipur and Goa-2012-Addition of expenditure on travelling by Aircrafts/Helicopter by contesting candidate and star campaigners after the date of poll-Reg. Sir/Madam, Instances have been reported by the Media that many contesting candidates, including star campaigners of the political parties, use Aircrafts/Helicopters after the date of poll and clarifications h ave been sought by various political parties regarding expenditure on such travel. In the subject matter, it is clarified as under:- (i) The expenses after the poll and before the date of counting, which can be said to be in connection with the election shall alone be accounted for by the candidates as per section 77 of the Representation of the People Act, 1951. (ii) Therefore, after the poll, the expenses on travel of a Star Campaigner or a candidate (not connected with his election) shall not be added to any candidate. If the Star Campaigner/Candidate visits his constituency, where he has contested the election, the travel expenses within the constituency for overseeing the counting arrangements before, or on, the date of counting shall be added to his account. The travel expenses outside the constituency will not be added to his account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of election.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F2.txt _ 2. In this regard, you are hereby requested to inform all the District Election Officers as well as the political parties in the state. Yours faithfully Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to : All National Parties for information 255Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4.txt _ Annexure - F4 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -11000 1 No.76/PPEMS/Transparency/2013 Dated: 29th August, 2014 To 1. The President/General Secretary of all Political parties. 2. The Treasurer of all Political parties. Subject: Guidelines on transparency and accountability in party funds and election expenditure mat ter – regarding. Sir/Madam, Under Article 324 of the Constitution, Election Commission of India is vested with the responsi bility to conduct free and fair elections. Concerns have been expressed in various quarters that money power is disturbing the lev el playing field and vitiating the purity of elections. To curb the abuse of money power during elections, the Election Commission has issued several instructions in the past to the candidates and political parti es from time to time. 2. It is desirable f or the political parties to observe transparency and accountability in respect of funds raised and expenditure incurred, both during elections and in other times. Further, in the interest of conduct of free and fair elections it is necessary and expedient to provide guidelines for bringing transparency and accountability with regard to fund of political parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4.txt _ 3. In order to formulate the guidelines, the Commission sought comment/suggestions/inputs from all rec ognized political parties. While most of t hese parties supported the issue of transparency guidelines, some other had a different view. Having regard to the suggestio ns received from the political parties and in the interest of purity of election proces s, the Commission hereby issues the followin g guidelines under Article 324 of the Constitution, to bring transparency and accountability in funding of political parties: - (i) Provision (a) to Section 13A of Income Tax Act 1961, inter -alia, provides that political party shall keep and maintain such boo ks of accounts and other documents as would enable proper deduction of its income there from. Accordingly, it is required th at (a) the 279 treasurer of the political party or such person as authorized by the party, besides ensuring maintenance of the accounts at all Sate and lower levels, shall maintain consolidated accounts at the central party Head Quarters as required under the aforesaid provision, (b) the accounts so maintained by him/her shall conform to the guid ance note on Accounting and Auditing of political parties, issued by the Institute of Chartered Accountants of India (ICAI), and (c) the Annual Accounts shall be audite d and certified by the qualified practicing Chartered Accountants. (ii) The Commission has amended the requirements for registration of a new political party w.e.f. 8th October 2010, which inter -alia, require a party to submit a copy of its audited annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state thatCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4.txt _ annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state that no deduction shall be all owed on the contributions made in cash by any person or company to a political party. Accordingly, the political party shall maintain name and address of all such individuals, companies or entities making donation to it, excepting petty sums, donated by th e public only during its public rallies. Further, any amount/donation received in cash, shall be duly accounted in relevant account books and deposited in the Party’s bank account within a week of its receipt. However, the Party can retain a reasonable a mount required for day to day functioning of the Party and for defraying the cash expenses. (iv) Section 40A(3) of Income Tax Act, 1961, provides that all payments exceeding Rs.20,000/ -* by any business entity to a person in a day are required to be made by account payee cheque/draft, except the exempted category as provided in Rule 6 DD of Income Tax Rules, 1962. Similarly, if a party is incurring any expenditure, it shall ensure that no payment in excess of Rs.20 ,000/-* is made in a day to any person or co mpany or entity in cash, except where (a) the payment is made in a village or town, which is not served by a bank; or (b) the 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidatesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4.txt _ 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidates for their election expenses, such assistance shall not exceed the prescribed ceiling. Any payment in this regard by the party shall be made only through crossed account payee cheque or draft or through bank account transfer and not in cash. (vi) While the recognized political parties shall f ile all reports, namely, the contribution reports in Form 24A, the audited Annual Accounts as certified by the Chartered Acco untants, referred to in para 3 (i) above, and the Election Expenditure Statements, with the Election Commission of India, the unrec ognized parties shall file the same with the Chief Electoral Officer (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F4.txt _ 4. The above guidel ines shall apply to all political parties w ith effect from 1st October 2014. Yours faithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: 1. All CEOs with request to bring it to the notic e of all political parties of their respective states. 2. The Chairman, Central Board of Direct Taxes, North Block, New Delhi for making relevant rules for the political parties. 3. The President, Institute of Chartered Accountants of India, ICAI Bhawan, Indrapr astha Marg, Post Box No.7100, New Delhi – 110022, for incorporating the points in the Guidance note on political parties. Note:- *Please refer Annexure -E11 & E12 **Please refer Annexure -F10 281Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5.txt _ Annexure –F5 ELECTION COMMISSION OF INDIA Nirvachan Sada n, Ashoka Road, New Delhi – 110001 No.76/PPEMS/Transparency/2014 Dated: 14th October, 2014 To The Chief Electoral Officers of All States and U T’s. Subject: Guidelines on transparency and accountability in party funds and election expenditure - submission of reports by unrecognized political parties – regarding. Sir/Madam, I am directed to refer the Commission’s letter of even No. dated 29th August, 2014 o n the subject cited and to state the recognized political p arties shall file all reports, namely, (a) the contribution reports in Form 24A, (b) the Audited Annual Accounts, with Auditor report and (c) the Election Expenditure Statements, wi th the Election Commission of India and the unrecognized parties shall file the same with the Chief Electoral Officers (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner. The above m entioned guidelin es are applicable to all political parties with effect from 1st October, 2014. (Copy enclosed) 2. In view of the above I am directed to request you to bring it to the notice of all such unrecognized political parties having their Head Qua rters/official address for correspondence in the state, as per the Commissi on’s Symbol Order notification, to submit the requisite reports in the office of the CEO. (A copy of the Commission’s Symbol Order Notification dated 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5.txt _ 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference). 3. On receipt of the reports from the State level unrecognized political parties, the following procedure shall be followed by CEO office: (i) Scanned copies of the contribution reports, Annual audited accounts and Statements of election expenditure shall be uploaded on the websites of CEOs of the respective states, within 3 days of receipt of the same for viewing by the public. This should be do ne under the head ing “Reports and Accounts statements of State level Politic al parties”, with links from “current news.” (ii) The list of reports/statements filed by the unrecognized political parties shall be compiled and uploaded on the CEO’s website with in 24 hrs of the due date, as per proforma enclosed herewith (Annexure - A, B, C). The list shall be periodically updated by the CEO office, within 3 days of receipt statement/report from any political party. The status report should have links to the scan ned copy of the c oncerned party’s report/statements. (iii) The last dates fo r filling of reports/statements by political parties are as under: 1. Contribution reports - 30th September every year or such date, as extended by CBDT, for filing Income Tax Return.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5.txt _ 2. Annual Audited account - 31st October every year. * 282 3. Statement of election expe nditure - within 75 days of completion of Assembly election and 90 days of completion of Lok Sabha election. (iv) In case of default in filling the reports/statements, it should be brought to the notice of the political parties concerned, by writing a lette r to that effect and the letter should also be put on the website of CEO. (v) A copy of the contribution report shall be forwarded to the Principal Chief Commissioner of Income Tax of the state concerned mentioning the date of submission of such report by the political party. The parties which have not submitted the contribution report in time shall be processed by the Income Tax Department, for denial of tax benefit in accordance with Section - 29 C of the R.P. Act. 1951. (vi) The contribution report shall also be forwarded to Ministry of Home Affairs, Government of India for scrutiny and action by that Ministry about any donation received from foreign sources, as defined under claus e (j) of Section 2 of Foreign Contribution (Regulation) Act, 2010. Yours f aithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: Director (IT) to facilitate the proposed changes in the website of CEO’s and ECI. * Please refer Annexure -F10 Annexure - A Status of filing Contribution report by the unrecognized parties ……………………………..(name of the respective state/UT) for the financial year………… Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5.txt _ Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of t he report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - B Status of filing Annual Audit Report by the unrecognized parties having head quarters/office address in……………….(name of the respective state/UT) for the financial year 20…… Due date for filing Annual Audit Repo rt ……… ……………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Re mar ks Date of filing Total Receipt (In Rupees) Total Expend iture Date of filing Total Receipt (In Rupees) Total Expen diture 1 2 3 4(a) 4(b) 4(c) 5(a) 5(b) 5(c) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - C Status of filing Election Expenditure Statement for General Election to ……………… 20 …….. Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure _F5.txt _ Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral OfficerCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6.txt _ Annexure - F6 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/PPEMS/Transparency/2013 Dated: 19th November, 2014 To 1. The President/ General Secretary of all political parties 2. The Treasurers of all Pol itical Parties Subject: Clarification of transparency guidelines for the political parties issued by Election Commission of India on 29.08.2014 - matter reg. Madam/Sir, Kindly refer to Co mmission’s letter No. 76/PPEM S/Transparency/2013 dated 29.08.2014, wherein the Commission issued transparency guidelines for the political parties invoking Article 324 of the constitution. Representations have been received from a few parties raising dou bt about the powers of the Commission and asking for clarifications on certain issues. After considering the representations, the following issues are hereby clarified: 1. Under Article 324 of the Constitution, the Commission has plenary powers and also sacred duty, to conduct free and fair elections in the country. O f late, the increasing use of Black money in election campaigns has been noticed and is causing serious concern all around. The use of black money in elections disturbs the level playing field and vitiates the purity of election process. Therefore, there was need to issue the transparency guidelines, in order to protect the purity of election process and for conduct of free and fair elections, as enshrined in the Constitution. There was legal vacuum in this area, whi ch can be filled by the Election Commi ssion of India as held by the Hon’ble Supreme Court in Mohinder Singh Gill vs CEC (AIR 1978 SC 851).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6.txt _ 2. The guidelines have been framed after due consultation with all recognized polit ical parties. The lawful instructions, thus issued by the Commissio n under Article 324, are binding on all political parties and their violations shall affect the transparency of election process which is the bedrock of a democracy. 3. The instruction to political parties to file Annual Audited Accounts with the Commi ssion is essential for maintaining transparency in the functioning of political parties, which is an essential ingredient for conduct of free and fair election. The direction to maintain the name and address of the individuals, companies and entities maki ng donations to the political parties is intended to ensure that no funds are received by the political parties from prohibited sources as stipulated in section 29B of the R.P. Act 1951. H owever, the Commission is ali ve to the practice of raising funds by political parties through hundi/bucket collection in public meetings/rallies, where it is not possible to record the name and address of the donors. Therefore, the Commission has exempted such collections from the ambit of the above instruction. In case o f all donations other than those raised through hundi/bucket collection in a public meeting/rally, the record of name and address of each donor has to be maintained by the political party, as is done by all other socia l/civil society/organizations. 286 4. The cash received by political parties has to be deposited in its bank accounts within a period of 10 working days excepting the amount required to defray its day -to-day expenses. It is clarified that the total amount of cash in hand of a registered poli tical party for the purpose of defraying its day -to- day expenses shall not normally exceed the average monthly cash expenditure of the party during the last financial year.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure - F6.txt _ 5. All poli tical parties are required to submit their election expenditure sta tement before the ECI within 75 days of assembly election or 90 days of Lok Sabha elections as stipulated by the Election Commission of India in pursuance of the order of the Hon. Supreme Court and it is thus required that the parties file their true and c orrect statement of their election expenses within the stipulated time limit. Since all the political parties and candidates are having bank accounts and also the banks have extended servi ces to foster inclusiveness, all parties shall make payments in exc ess of Rs.20,000/ -* to a person or entity on a single day by account payee cheque or draft or by account transfer excepting the payments, mentioned in para (IV) of the said Transparency Gu idelines. This will help in curbing excessive flow of cash during e lections and will bring in transparency in the election expenditure of the parties. 6. It has been the endeavour of the Commission to maintain level playing field for all political parties and all candidates durin g elections. In the interest of con duct of free and fair elections, all parties are required to follow the transparency guidelines issued by the Commission, and violation of lawful direction of the Commission may entail act ion, as envisaged under para 16A of the Election Symbols (Reservati on and Allotment) Order, 1968. Yours faithfully, Sd/- (Malay Mallick) UNDER SECRETARY *Note: - Please refer Annexure -E11 and E1 2.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7.txt _ Annexure -F7 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -1100 01 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The Chief Electoral Officer of All States/UTs Sub:- Filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration o f results of elections -Reg. Madam/Sir, I am directed to forward herewith copy of the Commission’s letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015, regarding filing o f a part election expenditure statement attributed to the candidate s by political parties within 30 days of declaration of results of elections, with the request to bring it to the notice of All Political Parties in your State/UT. A copy of the communicat ion sent to the party may be sent to the Commission for its referenc e and record. 2. You are further requested that election expenditure of the unrecognized parties attributed to the candidates and filed within 30 days of declaration of results shall be pu t on the website of CEO withi n 3 days of receipt. It may be noted t hat instructions regarding filing of election expenditure by the Political Parties as mentioned in the Commission`s letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 and letter no. 76/PPEMS/Transparency/2013,dated 29th August, 2014 shall continue as it is. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY Copy to Political Party Election Expenditure Monitoring Section and SDR Section 288 ELECTIO N COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The President/General Secretary 1. All National Parties 2. All State PartiesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7.txt _ 1. All National Parties 2. All State Parties 3. All Un -Recognized Parties Sub:- Filing of part election exp enditure statement attributed to candidates by political parties within 30 days of declaration of results of elections -Reg. Madam/Sir, I am directed to refer to the Commission’s lett er no. 76/EE/2012 -PPEMS, dated 21st January, 2013, and letter no. 76/PP EMS/Transparency/2013, dated 29th August, 2014 (copies enclosed), and to state that the Political parties have to file their “Statement of Election Expenditure” within 75 days/90 days of comp letion of the general election to the Legislative Assembly/Lok S abha before the Election Commission of India (in the case of National and State Parties) or the Chief Electoral Officer of the State (in the case of unrecognized parties where party hea dquarte r is situated).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7.txt _ 2. The total of the expenditure of which accoun t is to be kept under section 77 of the R.P. Act 1951 and which is incurred or authorised in connection with an election in a State or Union Territory has been prescribed under Rule 90 of the Conduct of Elections Rules, 1961. Generally, the political party contributes/donates, either in cash or in kind to the candidates set up by them during election for their election expenditure and the candidates have to show such expenditure in their statem ents. For the sake of transparency and reconciliation of account s of political parties and candidates, and in exercise of powers vested under Article 324 of Constitution in the Commission, it has been decided that the political parties have to file (i) a part statement, in addition to (ii) the final statement of elect ion expenditure required to be filed by the parties as above (within 75 days/90 days of completion of the general election to the Legislative Assembly/Lok Sabha), in respect of the lum p sum p ayments made by the party to the candidate, within 30 days after declaration of results of elections to Legislative Assembly/Lok Sabha in the format prescribed at Annexure -A, before the Election Commission of India (in case of National and State Parties) or the Chief Electoral Officer of the State (in case of unrecogn ized parties where party headquarter is situated). 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F7.txt _ 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289 4. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY Copy to Political Party Expenditure Monitoring Section (PPEMS) and SDR Section Below is Annexure A Name of the Party: Whether Recognized: ------------- (Yes Or No) Name of the Election: Date of Announcement of Election: Date of Completion of Election: Total lump sum payment(s) to Candidate(s) of the party or other candidate(s) if, any authorized incurred by Party either in cash or by instruments like -cheque/DD/P O/RTGS/Fund Transfer etc. If political party makes payment(s) t o candidate(s) on more than one occasion then date wise details are to be mentioned. Sl. No. Name of the State/No. and Name of the Assembly and /or Parl. Constituency Name of Candidate Date(s) of payment Cash amount Cheque /DD/PO/RT GS/Fund Transfer etc. Total ( 5+6) 1 2 3 4 5 6 7 1. 2. 3… Grand Total Date: Signature (Treasurer of the Political Party) Note: Separate annexures may b e filed for payments made /authorized by central headquarters o f a party, or by State units.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8.txt _ Annexure -F8 ELECTION COMMI SSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII Dated: 8th May, 2019 To The Chief Electoral Officers of All S tates and UTs Subject: -Revised format of Abstract Statemen t of Election Expenses for Candida tes and Statement of Election Expenditure of Political Party - Regarding. Madam/Sir, I am directed to refer to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10th October, 2018 and le tter no. 3/4/2019/SDR/Vol. I , dated 19th March, 2019 (copies enclosed) and to state that the Commission had issued FAQs regarding accounting of election expenses on publicity of criminal antecedents by the candidates (TV & Ne ws Papers) and the political parties (Website, TV and News Papers) thrice during the specifie d period. 2. The Commission had issued an instruction vide its letter no. 76/ECI/INST/FUNC/EEM/EEPS /2016/Vol. IX, dated 13th January, 2017 [Annexure -E2 of “Compen dium of Instructions on Electio n Expenditure Monitoring (Fe bruary, 2019)”] regarding the format of Abstract Statement to be lodged by contesting candidates under section 78 of the R. P. Act, 195 1 within 30 days of declaration of result. Having regard to the FAQs mentioned above, the f ormat of Abstract Statement * of Election Expenses of Candidate s has been revised to incorporate the expenditure incurred by candidates in publication of their cri minal antecedents.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8.txt _ 3. Political parties are also requir ed to submit their Statement of Election Expenditure within 75 days/90 days of completion of Assembly/Lok Sabha election respectively in terms of the ECI letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 [Annexure -F2 of “Compendium of Instructions on E lection Expenditure Monitoring (February, 2019)”] before the CEO (Unrecognized Parties) and b efore the ECI (Recognized Parties) in the prescribed format. Having regard to directions issued by the Commission in FAQs mentioned above, the format ** has been r evised to incorporate the expen diture incurred by political parties for publication of criminal backgrounds of their candidates. 4. You are requested to kindly bring it to the notice of al l contesting candidates & un - recognised Political Parties in t he States/UTs in the ongoing Ge neral Elections to Lok Sabha , State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and bye-elections, 2019 impressing upon them to lodge their election expenditure in the revised 291 format only. T he same may also be brought to the notice of DEOs/ROs, Expe nditure Observers and other election authorities for necessary action. 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F8.txt _ 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK). 3. PAs/PSs to Zonal Sr. Pr. Secy./Pr. Secy./Secy./USs, Zonal Sections, CEMS -II, PPEMS, SDR, RCC. Sd/- (RAJAN JAI N) UNDER SECRETARY Note: *Revised format of Abstract Statement of Election Expenses for Candidates is placed at Annexure E2 ** Revise d forma t of Statement of Election Expenditure of Political Party is p laced at Annexure F3 [Guidelines of ECI on Publicity of Criminal Antecedents by Political Pa rties and Candidates’ is available on the ECI website www.eci.gov.in at the following link : Importa nt Instructions -Updated Guidelines on publicity of criminal ant ecedents by political parties and candidates, in light of the Hon'ble Supreme Court's judgment dated 10th August, 2021 -reg. and https ://eci.gov.in/files/file/13949 -updat ed-guidelines -on-publicity -of-criminal -antecedents -by- political -parties-and-candidates -in-light -of-the-honble -supreme -courts -judgment -dated -10th -august - 2021 -reg/ ]Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F9.txt _ Annexure -F9 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Virtual Campaign/EEPS/2022 Dated: 15th January, 2022 To The Chief Elec toral Officers of All States and UTs Subject: Revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party -Reg. Madam/Sir , I am dire cted to refer to the Commission’s letter no. 76/ECI/ INST/FUNC/EEM/EEPS/2019/Vol. XVII, dated 8th May, 201 9# (copy enclosed) regarding last revision of format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expe nditure of Political Party and to state that keeping in view o f increasing trend of Virtual Campaigning by Candidates and Political Parties in elections, the Commission has decided to revise the formats of Abstract Statement of Election Expenses for Candi dates and S tatement of Election Expenditure of Political Party. 2. The Candidates are required to submit their Abst ract Statement of Election Expenditure along with their Day -to-Day Account Register required to be maintained by Candidates under section 77 of the R. P. Act, 1951 with the DEOs concerned under section 7 8 of the R. P. Act, 1951 within 30 days of declaration of election results. The existing format of Abstract Statement of Election Expenses of Candidates has been revised to incorporate the exp enditure incurred by Candidates in Virtual Campaigning in Sched ule 11 and Row VIII in Part II. Revised format * of Ab stract Statement of Election Expenses for Candidates is enclosed.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F9.txt _ 3. Political Parties are also required to submit their Statement of Elect ion Expend iture within 75 days/90 days of completion of Assemb ly/Lok Sabha elections respectively before the ECI (Recognised Political Parties) and the CEOs concerned (Unrecognised Political Parties). The existing format of Statement of Election Expenditu re of Polit ical Party has been revised to incorporate the expen diture incurred by Political Parties in Virtual Campa igning in Schedule 24 A & 24 B, Row 5.4 (vii), Row 6.4 (vii) and Row 7G(III). Revised format ** of Statement of Election Expenditure of Politi cal Party is enclosed. 4. You are requested to kindly bring it to the notice of all Contesting Candidates and Political Parties impressing upon them to lodge their election expenditure in the revised format only. The same may also be brought to the noti ce of DEOs, ROs, Expenditure Observers and other election autho rities for necessary action. 293 5. A copy of the instruction issued in this regard may be endorsed to the Commission. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary Copy to: - 1. All National a nd State Recognised Political Parties. (By Spe cial Messenger/Speed Post) 2. Sr. PPS/PPS/PSs/PAs to SG, Sr. DEC, DECs, Sr. Pr. Secy., Directors, Pr. Secy., Secy. 3. CEMS -I, II, III, IV and PPEMS Sd/- (Anup Kumar Khakhlary) Under Secretary Note:Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F10.txt _ Annexure -F10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.56/AA/2020 -21/PPEMS Dated: 2 1st January, 2022 To The President/General Secretary/Trea surer of the Political Parties (List enclosed), Subject: Su bmission of Annual Audited Acco unts by the Political Parties -regarding. Sir/Ma dam, I am directed to refer to the subject cited above and bring to your attention the Commission’s Transparency Guid elines issued vid e its letter dated 29th August 2014 *, where in it has been directed that the recognised political parties shall file their Audited Annual Accounts as certified by the CA with Election Commission of India. The un - recognised parties shall fi le the same with t he Chief Electoral Officer of the respectiv e States and UTs (i.e. the stat e where the party Head Quarter is situated), in the prescribed manner for each financial year before 31st October of each year. 2. Commission has decided to link the due date for the submission of Audited Annual Accounts b y the political parties with the due date for filing of ITR of political partie s under the Income Tax Act, 1961. 3. Accordingly, all Political Parties shall submit their Audited Annual Accou nts within one mon th from the last date for filing of ITR for the political parties as per s ection 139 of the Income tax Act. This will be a pplicable for submission of Audited Annual Accounts for F.Y. 2020 -21 and so on. Yours faithfully, Sd/- (KUMAR RAJEEV ) SECRETARY Copy to: CEOs of all States and UTs with reques t to bring it to the notice of all Political Parties of their respective states . Sd/- (KUMAR RAJEEV) SECRETARY Note: Please refer Annexure -F4Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F11.txt _ Annexure -F11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction/PPEMS /2023 Dated: 20th November, 2023 To The Chief Electoral Officers of All States/UTs Sub: Intimation regarding participation of Registered Unrecongised Political Party (RUPP) i n Lok Sabha/Assembly election out of the State/UT where their party headquarter s is situated -Reg. Madam/Sir, As you are aware, political parties are required to submit their part Election Expenditure Statement in the proforma prescribed by the Commission vide its letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 (copy enclosed) within 30 days of declaration of election results and full Election Expenditure Statement in the proforma prescribed by the Commission vide its let ter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 (copy enclosed) , revised by the Commission vide its letter no. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022 (copy enclosed) within 75/90 days of completion of Assembly/Lok Sabha elections . 2. As per the Commission’s instruction no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 and instruction no. 76/PPEMS/Transparency/2014, dated 14th October, 2014 (copies enclosed) , Registered Unrecognised Political Parties (RUPPs) are required to su bmit their financial reports which includes Contribution Reports, Audited Annual Accounts and Election Expenditure Statement (full & part) with the Chief Electoral Officer of the State/UT concerned where their party headquarters is situated. In case o f failure to submit the Election Expenditure Statement by the RUPPs concerned CEO is also required to send reminder to defaulting parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure -F11.txt _ 3. In this regard, it has been experienced that s ome RUPPs participate in Lok Sabha/Assembly election held in State s/UTs other than the States/UTs where their party headquarters is situated. Therefore, in order to avoid any difficulties in monitoring submission of Election Expenditure Statement when a RUPP participates in elections held in other States/UTs, the Chief Elec toral Officers of all States/UTs are requested to invariably share information regarding participation of such RUPPs to the Chief Electoral O fficer of the State/UT where headquarters of such RUPPs is situated for necessary action as per the Commission’s in structions referred above under intimation to the RUPPs concerned and the Commission. Yours faithfully, Sd/- (BINOD KUMAR) SECRETARY 296Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C1.txt Format for details of campaign expenditure of political parties for General party Propaganda as observed by the election officers (From date of announcement of election to completion of election Annexure -C1 Details of Campaign Expenditure of Political Parties for General Party Propaganda as observed by the District Election Officers (to be submitted to the CEO) (From date of announcement to completion of election.) 1 2 3 4 5 6 7 8. Sl. No. Name of the Political Party Nature of Expenditure recorded during rally, procession, public meeting etc. (for example Media advert., cut - outs, banners, helicopters, aircrafts etc. ) Quantity Rate Total Expenditure Evidence collected in exhibit no. /cassette no. etc. with date Remarks Signature Date: DEO /CEO 82Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C2.txt Monthly Report by DEO (Part-A & B) Annexure -C2 Monthly Report by DEO (Part -A) Name of State/UT - Name of District - Sl. No. No. and Name of Constituency Total Number of candidates No. of candidates who ha ve filed Accounts No. of candidates who have not filed Accounts No. of candidates who have not filed Accounts in the prescribed manner No. of candidates for whom scrutiny of Accounts completed by DEO No. of candidates for wh om discrepancy found between Candidate register and Shadow Observation Register No. of candidates for whom Report sent to CEO No. of candidates for whom notices issued by ECI No. of candidates whose Accounts have been accepted by the Commission No. of candidates disqualified Signature of DEO 83 Mon thly Report by DEO (Part-B) Name of State/ UT – Name of District - Sl. No. No. and Name of Constituency Name of Candidate Name of Political Party/ Independe nt Status of Account Statement Note – In the Status column it should be mentioned whether candidate has submitted his account. If submitted, then mention the date of submission. Whether scrutiny completed by DEO; whether any discrepancy found between candidate’s account and Shadow Observation Register; whether report sent by the DEO to CEO; whether notice served on the candidate; w hether account accepted by the Commission. If accou nt not accepted by the Commission, whether case is pending or whether candidate has been disqualified. If disqualified, then mention the date of disqualification order. Signature of DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C4.txt _ Annexure –C4 Seizure made by Police Department upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM) Sl. No. Description By F lying Squad (FS) BY Static Surveillance Team (SST) By others SHO/Police 1. Total amount of cash seized during election process (In Rs. ) 2. Out of 1 above t otal amount of cash released after verification by FS, SST and Police 3. Out of 1 above total amount covered by FIR/Complaint in court 4. Out of 1 above, total amount of cash handed over to the Income Tax Authority 5. Balance amount of seizure on which FIR has been lodged by the FS/ SST/Police and are lying with election authorities/kept in treasury/kept as per direction of the court {1- (2+4)} ((In Rs.) 6 Total Liquor, (In Litres with approx. value in Rs.), drugs (in Kg with approx. Value in Rs.) and others item s eized a cross the State/UT Liquor (In Litres) Total drugs/Narc otics/ Psychotropi c substances seized (In Kg) Total of Other Items seized i.e. Campaign Material, Dhotis, Sarees, etc. during Election process Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) 6a. By FS Rs. Rs. Rs. 6b By SST 6c By P olice 87 6d By Excise Dep tt. 6e Total (6a + 6b + 6c + 6d) ………Liters ……Kg Rs. Rs Rs. 7. Total No. of Expenditure related FIR/ Police ca ses registered across the State/UT 8. Total No. of Ar rests, if any related to bribe/ gratif ication etc. Signature Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: -Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C5.txt _ Annexure –C5 Seizure of cash made by IT Dept. up to 12 O`clock on poll day (Report is to be sen t to the Election Commission of India by 1 PM on poll day ) S. No. Particulars Amount (In Rs. ) 1 Total amount of cash handed over to the Income tax Department by the FS or SST or Police during election process 2 Out of (1) above t otal amount of cash seized by Income Tax Deptt. during election process under the Income Tax Law 3 Out of (1) above t otal amount of cash released by the Income Tax Authority which was handed over by the FS or SST or Police authority during election process 4 Out of (1) above balance amount of cash taken into custody by the Income Tax Deptt., where action is pending for further investigation under the Income Tax Laws{1 -(2+ 3}(in Rs.) 5 Amount of any seizure made on suo motu cas es based on complaints received during election process 6 Total (4 + 5) (in Rs.) Signature Name & Designation Date: To 1. Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 89Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C6.txt Reporting format for Seizure and raids/assets etc. of Excise Dept. up to poll day Annexure -C6 Seizure and raids etc. by the Excise Dept. upto 12 O`clock on poll day (Report is to be sent to the Election Commission of India by 1 PM on poll day) Consolidated report of seizure of all types Liquors in (Litres) Values in Rs. (Approx.) Total drugs/Narcotics/ Psychotropic substances seized Values in Rs. (Approx.) Total Raids during election process (No.’s) Total No. of FIR/Police cases registered for excise violations Signature Designation Date To 1. The Secretary (EXP) Election Commission of India New Delhi -110001 2. The Chief Electoral Officer Name of State: - 90Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C8.txt _ Annexure –C8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol.VIII Dated: 25th October, 2 013 To The Chief Electoral Offic ers of 1. Gujarat 2. Tamil Nadu Sub:- Bye-elections to the Gujarat and Tamil Nadu Legislative Assemblies -Uploading the candidate’s day to day account register on DEO/CEO Website -Reg. Madam/Sir, I am directed to refer to the Commission’s lette r no. 464/Exp. Obs./BE/2013/EEPS, Vol. I, dated 09 -10-2013 and to state that after every inspection during the election process, the day to day election accounts Register of the candidate shall be scanned till the date of inspection and uploaded on to the DEO’s portal with link provided to the CEO’s website, besides displaying photo copy on the notice board. The DEOs are requested to ensure that necessary arrangements are made for scanning and uploading on to the website. 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C8.txt _ 2. This may be brought to the notice of all election authorities, including the Expenditure Observers and shall be given publicity. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY 93 Annexur e- C9 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/Vol -XIX Dated: 30th December, 2014 To The CEOs of all States/UTs Subject: Refreshment of polling /counting agents and expenditure on kiosks, : - accounting notional cost in the account of election expenses of the candidate – Reg. Sir/Madam, I am directed to invite your attention on the s ubject cited and to state that o n going through the election expenditure statements of the candidates, it is noticed that the candidates do not show any expenditure on account of the polling/counting agents, campaign workers, etc. Since candidates incur expenditure on food and refreshmen t and also payment of daily allowances, etc., for their polling/counting agents and campaign workers during election process and subsequently, such expenses also need to be included in their account. The DEOs may be asked t o notify the notional rates of l unch, dinner and light refreshment, daily allowances, etc., for the polling/counting agents and campaign workers, on the basis of prevalent rates in their respective districts after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM, in the list of items of expenditure used for election campaign.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C8.txt _ 2. I am further directed to state that candidates/political parties open kiosks, campaign offices, etc., in the constituency, during election p rocess and such expenses like rent or electricity or furnishing like shamiana etc., after the date of filing of nomination are to be included in the account of the candidate. The DEOs are required to include the notional rates of erection/construction of such kiosks, campaign offices, etc., in the constituency on the basis of prevalent rates, after due consultation with the political parties as envisaged in Paras 14.2 and 14.3 of the Compendium of Instructions on EEM in the list of items of expenditure used for election campaign. Receipt of the letter may kindly be acknowledged. Yours faithfully, Sd/- (Satyendra Kumar Rudola) Secretary 94Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. Annexure -C10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May 2015 To The Chief Electoral Officers of All States and UTs Subject: - Account Reconciliation Meeting with the candidates/ election agents with the District Expenditure Mon itoring Committ ee (DEM C)- regarding Sir, In supersession of Commission`s Order No.76/Ins tructions/EEPS/2013/ Vol -I, dated 14th March, 2013 regarding under -stated amount of election expenditure and the decision of the District Expenditure Mon itoring Committ ee (DEMC), I am directed to forward herewith revised ord er of the Commission to be follo wed by the DEMC in disposing of the cases of under - statement of account of election expenses of the candidates (Changes in italics). 2. I am further directed to request you to bring it to the notice of all the DEOs, Expenditure Observers, officials conce rned, candidates and political parties.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) Secretary 95 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Roa d, New Delhi-110001 File No. 76/Instructions/ EEPS/2015 /Vol-II D ated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commi ssion under Article 324 of the Constitution; and Whereas, reports are received that the candidates at elections to Lok Sa bha and State Legislative Assemb ly are spending excessive amount in their election campaigns, which disturbs the level playing field, and are o f t e n not show ing correct expenses in the day –to-day accounts of their election expenses; Now, therefore, the Election Commi ssion of India hereby issues the following order for maintaining the purity of election process: (i) If the Returning Officer or any officer authorized, by the District Election Officer/ Returning Officer, is in receipt of information during election process that any candidate has incurred or authorized certain expenditure and has not shown either a part or whole of it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act,1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-dayCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-day account or informing h im that he failed to produce his account, as the case may be. How ever, in case of suspected Paid News items, where notice is issued or is being issued by the Returning Officer as per the recommendation of the M edia Certifying and Monitoring Committ ee (MCMC), such items shall not be covered in this notice. (ii) Such candidate may reply to the notice within 48 hours, explaining the reasons for omission or default which is brought to his notice. In cases where the candidate accepts the fact of suppressed expense mentioned in the notice, the same shall be added to his election expenses. (iii) Where candidate fails to produce his day to day account for inspection and in spite of the notice, the failure continues, then FIR is to filed under section 171 (I) of Indian Penal Code, after 48 hours of service of such notice and the permission for use of vehicles etc. by the candidate for election campaign shall be withdrawn. 96 (iv) Where no reply is submitted by the candidate or his election agent within 48 hours of receipt of the notice, then the candidate shall be deemed to have accepted the supp ressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate. (v) If the candidate or his election agent disputes the supp ressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and the same shall be forwarded to the District Expenditure Mon itoring Committ ee (DEM C) consisting of the following:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. 1. Expenditure Observer in charge of the Constituency 2. DEOCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. 3. Dy. DEO/Officer in charge of Expenditure Mon itoring of the District. (vi) The DEMC shall decide the case after examining the evidence mentioned in the notice and reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such supp ressed expenditure shall be added or not to the election expenses account of the candidate. (vii) Training: a. The DEO shall organize one day facilitation training programme for all the candidates/ election agents and the personn el engaged for receiving the accounts within one week before the last date of submission of the account of election expenses. b. The Nodal Officer of the Expenditure Mon itoring Cell and Assistant Expenditure Observer shou ld be associated in the training programme 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 show ing correct accounts shall also be explained to the candidates/agents. c. 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. d. The DEO shall notify the date and venue of tra ining on procedure of lodging th e final accounts and also about the date of Account Reconciliation meeting, positively on or by the date of declaration of result. (viii) Account Reconciliation meeting : (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. (a) The candidates 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 the 26th day of the declaration of result. The DEO shall ensure that each candidate is informed in writing on or by the day of declaration of resul t about this meeting, so that they/ their election agents can reconcile the disputed items of election expenditure in their 97 accounts of election expenses with the evidence gathered during election process and the notices issued by the RO. (b) The DEMC, af ter scrutinizing the accounts, shall pass the 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 the candidate agrees with the DEMC order, he/she may incorporate the same in his final accounts. If the candidate does not agree with the DEMC order, he/she may lodge his final accounts with the DEO, with the reasons for the disagreement by way of a letter to DEO. (c) If the candidate has already lodged his acc ounts prior to Account Reconciliation meeting, he/she may revise the accounts, within the statutory period of 30 days of completion of election, in order to incorporate the findings of DEMC. (ix) If the candidate does not file his statements of election expenses without any valid reasons within the stipulated period of 30 days from the day of declaration of result, then the DEO shall call for the explanation of the candidate suo motu and s end the report to the Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. Commission along with the reply of the candid ate and his recommendation. (x) In spite of the Account Reconciliation meeting, if there is disagreement with the accounts lodged by the candidates, the DEO shall forward the Scrutiny report to the Commission, with his re commendations, DEMC Order, certi fied copies of registers, bills and vouchers and other pieces of evidence. (xi) The DEO’s scrutiny report has to be entered in EEMS software* within seven days of its finalization. (xii) The above procedure shall be followed with immediate effect .Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C10.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. 2. The Commi ssion further directs the CEOs to bring it to the notice of all political parties, candidates, members of DEMC and all concerned in the State. By order, Sd/- (S. K. Rudola) Secret ary *Please refer Annexure -C17 98Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C11.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol.XIV Dated: 2nd June, 2016 – Procedure for preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates Annexure -C11 ELECTION COMMISSIO N OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 11th October, 2015 To The Chief Electoral Officer of all States/UTs. Subject: - Change of helicopte r by the candidates/political parties at last moment – Permission on priority basis by the DEO - regarding. Sir/Madam, I am directed to refer to the Standard Operating Procedure (SOP) issued by the Bureau of Civil Aviation Security (BCAS ), Ministry of Civil Aviation, Govt. of India vide their Office Memorandum No. CAS -7 (15)/2012/Div -I (Election) dated 03.07.2013 (copy enclosed) and to state that under the existing provision contained in Para (ix) of the afore - mentioned OM, at remote/unco ntrolled 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, mentioning the details of travel plan, place of landin g in the district and names of p assengers in the aircrafts/helicopters so that DEO can make 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. 2. The Commission has considered the above said provision and taking into account hardships caused to the candidates/political parties during election, it has been decided that in those cases where permissio n has already been accorded to t he candidates/political parties, if a request for change of helicopter is received from a candidate/political party at the last moment , then it will be dealt with by the DEO on priority basis and decision will be communicated within 03 hours of receipt of application to the candidate or political party concerned.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C11.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol.XIV Dated: 2nd June, 2016 – Procedure for preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates 3. Kindly bring it to the notice of all DEOs and concerned officers. Yours faithfully, Encl: As above Sd/- (S. K. RUDOLA) SECRETARY 99 Copy to : - 1. The Commissioner of Security (CA), Bureau of Civil Aviation Security, Ministry of Civil Aviation, ‘A’ Wing, Janpath Bhawan, Janpath, New Delhi – 110001 (By Special Messenger). 2. EPS Section/MCC Section/East -1 Section. Sd/- (S. K. RUDOLA) SECRETARY 100Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C12.txt Modified format of DEO’s scrutiny report (Commission’s letter No.76/Instructions/2015/EEPS/Vol.XIV, dated: 2nd June, 2016) Annexure -C12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2015/EEPS/Vol.XIV Dated: 2nd June, 2 016 To The Chief Electoral Off icers of all States and UTs. Subject: - Procedure for preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates – regarding. Sir/Madam, In partial modification of the Commission’s letter No. 76/In structions/2013/EEPS/ Vol. IV, dated 24th December, 2013, I am directed to forward herewith the procedure to be adopted by the DEO in preparation of scrutiny report under rule 89 of the Conduct of Elections Rules, 1961 on th e election expenses accounts lod ged by the candidates. The procedure referred to above may kindly be brought to the notice of all concerned for necessary action and compliance. The new procedure will be applicable prospectively and shall come into force with effect from the date of iss ue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to : - 1. Sr. PPS/PSO to the Hon’ble CEC/EC (J)/EC (R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secr etaries. 4. All Under Secretaries. 5. All Zonal Sections/Communication Section/CEMS -I & II/Computer Section/PPEMS/ SDR Section. 101 Procedure for preparation of DEO’s scrutiny and summary report 1. Every contesting candidate is required to file his/her account of election expenditure with the D EO within the statutory time limit of 30 days from the date of declaration of result. As soon as the accounts are received by the DEO, the Abstract Statement of each account should be scanned and put in the website of CEO wi thin 3 days of receipt by the DE O for wider dissemination among public. 2. Account Reconciliation Meeting :-Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C12.txt Modified format of DEO’s scrutiny report (Commission’s letter No.76/Instructions/2015/EEPS/Vol.XIV, dated: 2nd June, 2016) 2. Account Reconciliation Meeting :- 2.1 The Account Reconciliation Meeting shall be convened by the DEO on the 26th day of the declaration of result in which the candidate shall be given another opportunity to recon cile the understated amount of his/her election expenditure, if any. The DEO shall ensure that each candidate is informed about this meeting in writing on or by the day of declaration of result, so that the candidates /their election agents can be present a t the meeting and reconcile the disputed items of election expenditure in their accounts of election expenses with the evidence(s) gathered during election process and the notice(s) issued by the RO. 2.2 If no notice on understatement of items had been is sued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in Account Reconciliation Meeting first and subsequently shall be inf ormed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). 2.3 In the Account Reconciliation Meeting, the District Expenditure Monitoring Committee (DEMC) shall scrutinize the accounts and in cases where the differe nces could not be reconciled, shall pass an order in writing, giving detailed reasons, and serve it on the candidate/agent on the same day. If the candidate agrees with the DEMC order, he/she may incorporate the same in his/ her final accounts. If the candi date does not agree with the DEMC order, he/she may lodge his/her final account with the DEO, with the reasons for the disagreement by way of a letter to the DEO. 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C12.txt Modified format of DEO’s scrutiny report (Commission’s letter No.76/Instructions/2015/EEPS/Vol.XIV, dated: 2nd June, 2016) 2.4 If the candidate has already lodged his/her account prior to the Account Reconciliation meeting, he/she may revise the account, within the statutory period of 30 days of declaration of result of election, in order to incorporate the findings of the DEMC. 3. Scrutiny of Accounts: 3.1 After receipt of the fin al accounts from the candidates, the same shall be scrutinised by the DEMC. 102 3.2. Where the accounts submitted by the candidates involve procedural defects such as (i) vouchers not signed; (ii) duly sworn in affidavit not filed; (iii) register of day to day account along with bank regis ter and cash register not duly signed, (iv) Abstract Statement (Part -I to Part IV and schedule 1 to 10 **) not filled up/not duly signed; (v) Cash Expenditure in excess of Rs. 20,000/ -*** not incurred through cheque, (vi) Ex penditure outside the bank accou nt; (vii) self certified copies of the statement of bank account not submitted and (viii) if the bank account is not opened at all, within 3 days of receipt of the accounts the DEO shall issue a notice giving the candidate 3 days time to rectify the defect . The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his/her comments. 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C12.txt Modified format of DEO’s scrutiny report (Commission’s letter No.76/Instructions/2015/EEPS/Vol.XIV, dated: 2nd June, 2016) 3.3 In cases of delay in filing of accoun ts, not exceeding 15 days from t he due date, the DEO shall suo -motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, along with his comments. 4. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format (Annexure -21* of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO off ice preferably by the 38th day (Para 11.5 of the Compendium of Instructions). The DEO reports, duly forwarded by the CEO should reach the Commission within 45 days of declaration of result. 5. In cases where disagreement persists even after the Account R econciliation Meeting and the DEO does not agree that expenses have been correctly reported by the candidate, the DEO shall, along with the scrutiny report, enclose certified copies of the relevant documents viz. minutes of DEMC/Account Reconciliation Mee tings, notices issued, reply from the candidate, rate chart, Shadow Observation Register (SOR), Election Expenditure Register of the candidate with the documents, duly serial numbered. 6. The DEO shall get the data entered into the EEMS software** ** withi n 3 days of the finalisation of the candidate -wise scrutiny report. 7. The new procedure will be applicable prospectively from the date of issue of these guidelines, i.e. 2nd June, 2016. Note: *Please refer Annexure -C13 for Annexure -21 as the Compen dium has been revised. ** Please refer Annexure -E2, total no. of Schedules is 11 now. ** * Please refer Annexure -E11 and E12 **** Please refer Annexure -C17 103Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ Annexure – C13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/ Instructions/2015/EEPS/Vol. XIV Dated: 2nd June, 2016 To The Chief Electoral Officer of all States and UTs. Sub:- Modified format of DEO’s scrutiny report (Annexure -21) -Rega rding. Sir/Madam, I am directed to refer to Annexure -21 of “Compendium of Instructions on Election Expenditure Monitoring (April - 2016)” regarding candidate wise scrutiny report of DEO on election expenditure account and to state that after implementation of Account Reconciliation Meeti ng Scheme, modified format is being forwarded herewith with the request to bring it to the notice of all District Election Officers etc. for compliance. This new format will be applicable prospectively and shall come into fo rce with effect from the date of issue of this letter . Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to: 1. Sr. PPS/PSO to the Hon’ble CEC/EC(J)/EC(R). 2. PPS to DECs/DG. 3. PA to all Sr. Principal Secretaries, Principal Secretaries and Secretaries. 4. All Under Secretaries. 5. All Zonal S ections/Communication Section/CEMS -I & II/Computer Section/ PPEMS/SDR. 104 Serial Number of the candid ate in Summary Report of the DEO --------- Name of the State……………… District……………………Election…….......................... DEO’s SCRUTINY REPORT ON ELECTION EXPENSES OF THE CANDIDATE UNDER RULE 89 OF C.E. RULES, 1961 S.No. Description To be filled up by the DEO 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation MeetingCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ 1. Name & address of the candidate 2. Political Party affiliation, if any 3. No. and name of Assembly/Parliamentary Constituency 4. Name of the elected candidate 5. Date of declaration of result 6. Date of Account Reconciliation Meeting 7. (i) Whether the candidate or his agent had been informed about the date of Account Reconciliation Meeting in writing (i) Yes/No (ii) Whether he or his agent has attended the meeting (ii) Yes/No 8. Whether all the defects reconciled by the candidate after Account Reconciliation Meeting (Yes or No). (If not, defects that could not be reconciled be shown in Column No. 19) Yes/No 9. Last date prescribed for lodging Account 10. Whether the candidate has lodged the account Yes/No 11. If the candidate has lodged the account, date of lodging of account by the candidate: (i) origin al account (ii) revised account after the Account Reconciliation Meeting 12. Whether account lodged in time Yes/No 12 A. If not lodged in time, period of delay ………………… days 13. If account not lodged or not lodged in tim e, whether DEO called for explanation from the candidate. If not, reason thereof. Yes/No 14. Explanation, if any, given by the candidate 14A Comments of the DEO on the explanation if any, of the candidate 105 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/NoCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ 15. Grand To tal of all election expenses reported by the candidate in Part -II of the Abstract Statement Rs. ………………………. 16. Whether in the DEO’s opinion, the account of election expenses of the candidate has been lodged in the manner required b y the R. P. Act, 1951 and C.E. Rules, 1961 Yes/No 17. If No, then please mention the following defects with details (i) Whether Election Expenditure Register comprising of Day to Day Account Register, Cash Register, Bank R egister, Abstract Statement has been lodged Yes/No (ii) Whether duly sworn in affidavit has been submitted by candidate Yes/No (iii) Whether requisite vouchers in respect of items of election expenditure submitted Yes/No (iv) Whether separate Bank Ac count opened for election Yes/No (v) Whether all expenditure (except petty expenditure) routed through bank account Yes/No 18. (i) Whether the DEO had issued a notice to the candidate for rectifying the defect (ii) Wh ether the candidate rectified th e defect (iii) Comments of the DEO on the above, i.e. whether the defect was rectified or not. Yes/No Yes/No 19. Whether the items of election expenses reported by the candidate correspond with the expenses shown in the Shadow Observation Register and Fol der of Evidence. If No, then mention the following: Yes/No Items of expenditure Date Page No. of Shadow Observation Register Mention amount as per the Shadow Observation Register/folder of evidence Amount as per the accoun t submitted by the candidate Amo unt understated by the candidate i ii, iii …… TOTAL 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ 20. Did the candidate produce his Register of Accounting Election Expenditure for inspection by the Observer/RO/Authorized persons 3 times during campaign period Yes/No 106 21. If DEO does not agree with the facts mentioned against Row No. 19 referred to above, give the following details: - (i) Were the defects noticed by DEO brought to the notice of the candidate during campaign period or during the Accoun t Reconciliation Meeting Yes/No (ii) If yes, then annex copies of all the notices issued relating to discrepancies with English translation (if it is in regional language) and mention the date of notice (iii) Did the candidate give any reply to the notice ? Yes/No (iv) If yes, ple ase Annex copies of such explanation received, (with English translation of the same, if it is in regional language) and mention date of reply (v) DEO’s comments/observations on the candidate’s explanation 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ 22. Whether the DEO agrees that the expenses are correctly reported by the candidate. (Should be similar to Column no. 8 of Summary Report of DEO) Date: Yes/No Signature (Name of the DEO) 23. Comments, if any, by the Expenditure Observer* - Date: Signature of the Expenditure Observer * If the Expenditure Observer has some more facts that have not been covered in the DEO’s report, he may annex separate note to that effect . ** The DEO scrutiny report is to be compiled by the CEO and forwarded to the Commission. If the CEO feels like giving additional comments, he or she may forward the comments separately. 107 SUMM ARY REPORT OF DEO FOR EAC H CONSTITUENC Y ON LODGING OF ELECT ION EXPENSES ACC OUNT S BY CAND IDATES (a) No. and name of Assembly/Parliamentary Constituency: (b) Total No. of contesting candidates: (c) State and District: (d) Date of declaration of result of election/bye-election: (e) Last date of lodging accounts: (f) Name of the elected candidate:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C13.txt _ 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. S. No. Name of the candidate and Party Affiliation Due date of lodging of account Date of lodging of accounts by the candidate Whether lodged in the prescribed format (Yes or No) Whether lodged in the manner required by law (Yes or No) Grand Total of the expenses incurred/authori zed by the candidate/agent (as mentioned in Part-II of Abstract Statement) Whether the DEO agrees with the amount shown by the candidate against all items of expenditure (Should be similar to point no. 22 of DEO`s Scrutiny Report i.e. Annexure - C13) Total expenses incurred by the Party (As reported in Part-III of Abstract Statement ) Total expenses incurred by others/entities as reported in Part-III of Abstract Statement Remarks of the Expendit ure Observer Lump Sum Amount in cash or cheque given to candidate by each Political Party Grand Total of other expenses in kind by the Political Party Lump sum Amount in cash / cheque given to the candidate (and mention names of donors) Grand total of other expenses in kind incurred for the candidate Signature of the DEO Comments of the Expenditure Observer, if any, Date: Signature of the Expend iture Observer 108Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C14.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. VI, dated 18th February, 2019 regarding fixation of dates for inspection of accounts of candidates 3 times during election period by Returning Officer Annexure -C14 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2017/Vol. XIX Dated: 13th December, 2017 To The Chief Electoral Officer Tamil Nadu Chennai Sub:- Bye-election to 11 -Dr. Radhakrishnan Nagar AC, Tamil Nadu, 2017 -Exclusion of items like T -shirt, saree etc. from Rate Chart -Regarding Sir, It has been brought to the notice of the Commission that in the rate chart issued by the DEO, Chennai, some items like saree, dhoti, blankets etc. have been included as valid items of expenditure and several candidates have shown expenditure incurred on T -shirts and sarees in their day to day account of election e xpenditure. In this regard, I am directed to refer to para 5 of Chapter D and the Commission’s letter no. 76/Instructions/2011/EEM, dated 7th Apirl, 2011 (Annexure -D9*) (copies enclosed) in the Compendium of Instructions on Election Expenditure Monitoring (October, 2017) and to reiterate that supply and distribution of main apparels like saree, shirt, T -shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters. Inclusion of these kinds of main apparels in the rate chart has given impr ession that the election authority has given permission to parties/candidates to distribute these items among the voters to lure them. The DEO, Chennai may accordingly be directed to exclude these items from the r ate chart and to bring it to the notice of all political parties, candidates and election authorities immediately. Yours faithfully, Sd/- (MUKESH KUMAR) UNDER SECRETARY *Please refer Annexure -D7 for Annexure -D9 as the Compendium has been revised 109Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C15.txt Commission’s letter No. 3/4/2019/SDR/Vol. I, dated 28th February, 2019 regarding amendments in Form 26 (Format of Affidavit to be filed by candidates) Annexure -C15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. VI Dated: 18th February, 2019 To The Chief Electoral Officers of all States and Un ion Territories. Subject: -Fixation of dates for inspection of accounts of candidates 3 times during election period by Returning Officer -Reg. Madam/Sir, I am directed to state that there have been instances of fixation of different dates for inspection of accounts of c andidates by Returning Officers and Expenditure Observers in the last elections. In this connection, I am directed to reiterate that in pursuance of the Commission’s instructions laid down under the heading “Role of Returnin g Officer”, sub heading “Inspect ion of Accounts”, in part “C” of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)” (copy enclosed), the Returning Officer is required to prepare a schedule for inspection of Expenditure Register of each candidate in consultat ion with the Expenditure Observer. Three dates shall be fixed for inspection of Expenditure Register of candidates in such a way that the gap between two inspections should be at least three days and the last inspection shou ld be fixed not before 3 days fr om the day of poll. 2. You are requested to bring it to the notice of all Returning Officers for necessary compliance and to fix the dates for inspection of Expenditure Registers of candidates in accordance with the aforesaid provisions of Commission’s in structions. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 110Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ Annexure – C16 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/4/2019/SDR -Vol. I Dated: 28th February 2019 To The C hief Electoral Officers of All S tates and UTs Sub:- Amendments in Form -26 (Format of Affidavit to be filed by candidates) Sir/Madam, I am directed to invite reference to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10.10.2018, on the subject cited and to state that Form 26 appended to the CE Rules, 1961 has been further amended vide Ministry of Law and Justice Notification no. S.O. 1023 (E) dated 26.02.2019 (copy enclosed). The consolidated Form -26 after incorporating the amendments i s enclosed herewith. The candida tes are now required to file the affidavit in this amended Form -26. 2. This letter may be circulated to all DEOs, ROs in the State/Union Territory for necessary action on their part. This shall also be circulated to all Political parties based in the St ate, i.e. the State Units of the recognized Parties and recognized State parties of other States and all registered un -recognized political parties with headquarters based in your State/Union Territory, with instructions to take note of the amendments in F orm-26. Adequate publicity shall also be given in this regard so that all concerned are aware of the amendments in Form -26.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 3. Please acknowledge receipt and confirm action taken. Yours faithfully, Sd/- (N. T. Bhutia) Secretary 111 Form 26 (See rule 4A ) Please affix your recent passport size photograph here AFFIDAVIT TO BE FILED BY THE CANDIDATE ALONG WITH NOMINATION PAPER BEFORE THE RETURNING OFFICER F OR ELECTION TO………………..(NAME OF THE HOUSE) FROM……………………………CONSTITUENC Y (NAME OF THE CONSTITUENCY ) PART A I……………………………….. **son/daughter/wife of………………………………………………….Aged…………………………….. years, resident of……………………………………………………………( mention full postal address), a candidate at the above election, do hereby solemnly affirm and state on oath as under: - (1) I am a candidate set up by------------------------------ (**na me of the political party) / **am contesting as an Independent candidate. (**strike out whichever is not applicable) (2) My name is enrolled in…………………………………………(Name of the Constitu ency and the State), at Serial No……….in Part No…………….. (3) My contact telephone number(s) is/are………………………………………and my e-mail id (if any) is…………………………… and my social media account(s) (if any) is/are (i)…………… (ii)………………. (iii)…………………. 112 (4) Details of Permanent Account Number (PAN) and status of filing of Income Tax return : Sl. No. Names PAN The financial year for which the last Inco me-tax return has been filed Total income shown in Inco me-tax return (in Rupees) for the last five Financial Years (as on the 31st March) 1. Self (i) (ii) (iii) (iv) (v) 2. Spouse (i) (ii) (iii) (iv) (v) 3. HUF (If the Candidate is Karta or Coparcener) (i) (ii) (iii) (iv) (v) 4. Dependent -1 (i) (ii) (iii) (iv) (v) 5. Dependent -2 (i) (ii) (iii) (iv) (v)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 6. Dependent -3 (i) (ii) (iii) (iv) (v) Note: It is mandatory for PAN holder to mention PAN and in c ase of no PAN, it should be clea rly stated “No PAN allotted”. 113 (5) Pending criminal cases - (i) I declare that there is no pending criminal case against me. (Tick this alternative, if there is no criminal case pending against the Candidate and write NOT APPLICABLE against alternative (ii ) below) OR (ii) The following criminal cases are pending against me: (If there are pending criminal cases against the candidate, then tick this alternative and score off alternative (i) above, and give details of all pendin g cases in the Table below) Tabl e (a) FIR No. with name and address of Police Station concerned (b) Case No. with Name of the Court (c) Sections of concerned Acts/Codes involved (give no. of the Section, e.g. Section…….of IPC, etc.). (d) Brief description of offence (e) Whether charges have been framed (mention YES or NO) (f) If answer against item (e) above is YES, then give the date on which charges were framed (g) Whether any Appeal/Application for revision has been filed against the proceedings (Mention YES or NO) 114 (6) Cases of conviction (i) I declare that I have not been convicted for any criminal offence. (Tick this alternative, if the candidate has not been convicted and write NOT APPLICABLE against alternative (ii) below) OR (ii) I have been convicte d for the offences mentioned below: (If the candidate has been convicted, then tick this alternative and score off alternative (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposedCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ (i) above, and give details in the Table below) Table (a) Case No. (b) Name of the Court (c) Sections of Acts/Codes invol ved (give no. of the Section, e.g. Section……. of IPC, etc.). (d) Brief description of offence for which convicted (e) Dates of orders of conviction (f) Punishment imposed (g) Whether any Appeal has been filed against conviction order (Menti on YES or No) (h) If answer to item (g) above is YES, give details and present status of appeal (6A) I have given full and up -to-date information to my political party about all pending criminal cases against me a nd about all cases of conviction as given in paragraphs (5) and (6). [candidates to whom this Item is not applicable should clearly write NOT APPLICABLE IN VIEW OF ENTRIES IN 5(i) and 6(i), above] Note:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 1. Details should be entered clearly and legibly in BOLD letters. 2. Details to be given se parately for each case under different columns against each item. 115 3. Details should be given in reverse chronological order, i.e., the latest case to be mentioned first and backwards in the order of dates for the other cases. 4. Additional sheet may be added if required.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 5. Candidate is responsible for supplying all information in compliance of the Hon’ble Supreme Court’s judgment in W. P (C) No. 536 of 2011. (7) That I give herein below the details of the assets (movable and immovable etc.) of myself, my spouse and all dependents: A. Details of movable assets : Note: 1. Assets in joint name indicating the extent of joint ownership will also have to be given. Note: 2. In case of deposit/Invest ment, the details including Serial Number, Amount, date of deposit, the scheme, Na me of Bank/Institution and Branch are to be given. Note: 3.Value of Bonds/Share Debentures as per the current market value in Stock Exchange in respect of listed co mpanies and as per books in case of non-listed companies should be given . Note: 4. “Dependent” means parents, son(s), daughter(s) of the candidate or spouse and any other person related to the candidate whether by blood or marriage, who have no separate means of income and who are dependent on the candidate for their livelihood. Note: 5. Details including amount is to be given separately in respect of each invest ment. Note: 6. Details should include the interest in or ownership of offshore assets. Explanation - For the purpose of this Form, the expression “offshore assets” includes, detail s of all deposits or investments in Foreign banks and any other body or institution abroad, and details of all assets and liabilities in foreign countries. Sl. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependen t-3 (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ (i) Cash in hand (ii) Details of deposit in Bank accounts (FDRs, Term Deposits and all other types of deposits including saving accounts), Deposits with Financial Institutions, Non-Banking Financial Companies and Cooperative societies and the a mount in each such deposit 116 (iii) Details of invest ment in Bonds, Debentures/Shares and units in companies/Mutual Funds and others and the amount. (iv) Details of invest ment in NSS, Postal Saving, Insurance Policies and invest ment in any Financial instru ments in Post office or Insurance Company and the a mount (v) Personal loans/advance given to any person or entity including fir m, company, Trust etc. and other receivables from debtors and the amount. (vi) Motor Vehicles/Aircrafts/ Yachts/Ships (Details of Make, registration number. etc. year of purchase and amount ) (vii) Jewellery, bullion and valuable thing(s) (give details of weight and value) (viii) Any other assets such as value of clai ms/interest (ix) Gross Total value B. Detai ls of Immovable assets: Note: 1. Properties in joint ownership indicating the extent of joint ownership will also have to be indicated. Note: 2. Each land or building or apart ment should be mentioned separately in this format. Note: 3. Details should inclu de the interest in or ownership of offshore assets. S. No Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 117 (i) Agricultural Land Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate CurrentCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ Location(s) Survey number(s) Area (total measure ment in acres) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate Current market value (ii) Non-Agricultural Land Location(s) Survey number(s) Area (total measure ment in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of Land (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. Approxi mate current market value 118 (iii) Commercial Buildings (including apart ments) -Location(s) -Survey number(s) Area (total measur ement in sq. ft.) Built -up Area (total measurement in sq.ft.) Whether inherited property (Yes or No) Date of purchase in case of self - acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the property by way of develop ment, construction etc. Approxi mate current market value (iv) Residential Buildings (including apartments): -Location (s) -Survey number(s) Area (Total measure ment in sq. ft) Built up Area (Total measurement in sq. ft.) Whether inherited property (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current marketCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ (Yes or No) Date of purchase in case of self – acquired property Cost of property (in case of purchase) at the time of purchase Any Invest ment on the land by way of develop ment, construction etc. 119 Approxi mate current market value (v) Others (such as interest in propert y) (vi) Total of current market value of (i) to (v) above (8) I give herein below the details of liabilities/dues to public financial institutions and government: - (Note: Please give separate details of name of bank, institution, entity or individual and amount before each item) S. No. Description Self Spouse HUF Dependent -1 Dependent -2 Dependent -3 (i) Loan or dues to Bank/Financial Institution(s) Name of Bank or Financial Institution, Amount outstanding, Nature of loan Loan or dues to any other individuals/ entity other than mentioned above. Name(s), A mount outstanding, nature of loan Any other liability Grand total of liabilities 120 (ii) Government Dues: Dues to Depart ments dealing with Govern ment accommodation (A) Has the Deponent been in occupation of accommodation provided by the Government at any time during the last ten years before the date of notification of the current election ? (B) If answer to (A) above is YES, the following declaration may be furnished namely: - (i) The address of the Government accommodation: …………………………… …………………………… …………………………… …………………………… (ii) There is no dues pa yable in respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent,Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ respect of above Government accommodation, towards - (a) rent; (b) electricity charges; (c) water charges; and (d) telephone charges as on ……….(date) [the date should be the last date of the third month prior to the month in which t he election is notified or any date thereafter]. Note - “No Dues Certificate” from the agencies concerned in respect of rent, electricity charges, water charges and telephone charges for the above Government accommodation should be submitted. YES/NO (Pl. tick the appropriate alternative) (iii) Dues to Department dealing with Government transport (including aircrafts and helicopters) (iv) Income Tax dues 121 Self Spouse HUF Dependent -1 Dependent - 2 Dependent -3 (v) GST dues (vi) Munici pal/Property tax dues (vii) Any other dues (viii) Grand total of all Government dues (ix) Whether any other liabilities are in dispute, if so, mention the amount involved and the authority before which it is pending. (9) Details of profession or occupation: (a) Self……………………………………………… (b) Spouse …………………………………………. (9A) Details of source(s) of income: (a) Self …………………….. (b) Spouse ………………….. (c) Source of income, if any, of dependents,………………… …. (9B) Contracts with appropria te Government and any public company or companies (a) details of contracts entered by the candidate…………. (b) details of contracts entered into by spouse …………… (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners …………………………………………….Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ (c) details of contracts entered into by dependents ……………………. (d) details of contracts entered into by Hindu Undi vided Family or trust in which the candidate or spouse or dependents have interest ………………………… (e) details of contracts, entered into by Partnership Firms in which candidate or spouse or dependents are partners ……………………………………………. (f) details of contracts, entered i nto by private companies in which candidate or spouse or dependents have share ……………………….. (10) My educational qualification is as under: ………………………………………………………………………… (Give details of highest School / University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 122 PART – B (11). ABSTRACT OF THE DETAILS GIVEN IN (1) TO (10) OF PART - A:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 1. Name of the candida te Sh./S mt./Ku m. 2. Full postal address 3. Number and name of the constituency and State 4. Name of the political party which set up the candidate (otherwise write ‘Independent’) 5. Total number of pending criminal cases 6. Total Number of cases in which convicted 7. PAN of Year for which last Inco me Tax Return filed Total Income Shown (a) Candidate (b) Spouse (c) HUF (d) Dependent 8. Details of Assets and Liabilities (including offshore assets) in Rupees Description Self Spouse HUF Dependent -I Dependent -II Dependent -III A. Moveable Asset s (Total value) B. Immovable Assets Asset I Purchase Price of self-acquired immovable property II Development/constru ction cost of immovable property after purchase (if applicable) 123 III Approxi mate Current Market Price - (a) Self-acquired assets (Total Value) (b) Inherited assets (Total Value) 9. Liabilities (i) Govern ment dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total) 10. Liabilities that are under dispute (i) Government dues (Total) (ii) Loans from Bank, Financial Institutions and others (Total)Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure_C16.txt _ 11. Highest educational qualification : (Give details of highest School /University education mentioning the full form of the certificate/ diplo ma/ degree course, na me of the School /College/ University and the year in which the course was completed.) 124 VERIFICATION I, the deponent, above named, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief and no part of it is false and nothing material has been concealed there fro m. I further declare that:- (a) there is no case of conviction or pending case against me other than those mentioned in items 5 and 6 of Part A and B above; (b) I, my spouse, or my dependents do not have any asset or liabilit y, other than those mentioned in items 7 and 8 of Part A and items 8, 9 and 10 of Part B above. Verifie d at………………….…..this the……………………… ……day of………………………………. DEPONENT Note : 1. Affidavit should be filed latest by 3.00 PM on the last day of filing nominations. Note : 2. Affidavit should be sworn before an Oath Commissioner or Magistrate of the First Class or before a Notary Public. Note : 3. All columns should be filled up and no column to be left blank. If there is no infor mation to furnish in respect of any item, either “Nil” or “Not applicable” as the case may be, should be mentioned. Note : 4. The affidav it should be either typed or written legibly and neatl y. Note: 5. Each page of the Affidavit should be signed by the deponent and the Affidavit should bear on each page the stamp of the Notary or Oath Commissioner or Magistrate before whom the Affidavit is sworn. (Ministry of Law & Justi ce Notification No. H11019(4)/2018 -Leg.II, dated 10th October, 2018 and Notification No. H -11019/13/2016 -Leg. II, dated 26th February, 2019) 125Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C17.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III, dated 9th July, 2019 regarding list of defaulting candidates in terms of submission of their accounts of election expenses Annexure -C17 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 19th June, 2019 To The Chief Electoral Officers of All States/UTs Subject: General Election to LS and State Legislative Assemblies, 2019 -Filing of DEO’s Scrutiny Report in EEM S Software -Regarding. Madam/Sir, I am directed to refer to the Commission’s letter of even no. dated 31st May, 2019 on the subject cited and to state that the Commission has developed a new data entry portal as a part Suvidha * Module, for online filing of the DEO’s Scrutiny Report in respect of the contesting candidates. It is relevant to mention that the online form contains the same columns as the physical format of DEO’s Scrutiny Report. 2. The data entry portal can be accessed by v isiting the link https://suvidha.eci.gov.in ** (Steps to be followed are enclosed). You are requested to kindly ensure that data is entered online within 3 days of finalization of DEO’ s Scrutiny Report. 3. In case of any clarification the URL https://support.ecitech.in *** may be visited, wherein you may register first and then raise the relevant query. 4. You are requested to ensure that this measure is brought to the no tice of all concerned including ROs, DEOs and the EOs. The DEO’s Scrutiny Report should also be sent in physical form as mentioned in para (b) of the letter of even no. dated 31st May, 2019. Yours faithfully, Sd/- (Rajan Ja in) Under Secretary * Now ENCOR E **Now https://encore.eci.gov.in ***Now https://support.ecitech.in/support/login 126 Election Expenditure Monitoring Software -Guidelines for filing of DEO’s Scrut iny Report Election Expenditure Monitoring Software is a web portal system to help DEOs to submit candidate wise Scrutiny Report. Steps for E -filing (DEO Login): 1. Open the link https:/ /encore.eci.gov.inCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C17.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III, dated 9th July, 2019 regarding list of defaulting candidates in terms of submission of their accounts of election expenses 1. Open the link https:/ /encore.eci.gov.in 2. Select “Gene ral Election to the House of People” or “General Election to the Legislative Assembly”, depending on the election concerned. 3. DEOs will use the username, password and process which is used for Suvidha login. 4. There are two options (1) Fill DEO Scrutiny Repor t (2) Dashboard. 5. Click on “Fill DEO Scrutiny Report”. 6. The list of candidates will be automatically populated from Suvidha data of the AC/PC and appear on the page. 7. Under the heading “Status” click on “Not Started” to open a form. 8. Fill in the form till part 5 and finalise. 9. Once it is finalised it gives the DEO the following option “Continue to add more DEO Scrutiny report for candidates” “Yes/No” I. Pressing “Yes” will take the DEO back to the first page with the name of all candidates for entries. II. Pressing “No ” will take the DEO to the “Tracking Module” 10. Tracking Module to be filled. 11. Complete and finalise. 12. Finalising the Tracking Module will take the DEO back to the landing page with the list of candidates for further entry. 13. Final ising the Tracking Module report shows the Status as “Finalised”. 14. Non finalisation of Tracking Module but filling up of Scrutiny Report will show the status as “Update Info”. 15. The finalised form will be pushed to the CEO for further necessary action. 127 Steps to be taken by CEO: 1. Open th e link https://encore.eci.gov.in 2. Select General Election to the House of People or General Election to the Legislative Assembly depending on the election concerned. 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C17.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III, dated 9th July, 2019 regarding list of defaulting candidates in terms of submission of their accounts of election expenses 3. CEOs will use the username and password which is u sed for Suvidha login. 4. After logging in click on “Expenditure” Tab. 5. There are two options (1) Notification (2) Dashboard. 6. Click on “Notification” to see Scrutiny Reports which have been pushed by DEOs. 7. The list of candidates pushed by the DEOs will be visi ble AC/PC wise. 8. Under the heading “Status” click on “Update Info” to open the form. 9. Tracking Module to be filled. 10. Complete and finalise. 11. Finalising the Tracking Module will take the CEO back to the landing page with the list of candidates for further entry . 12. Finalising the Tracking Module report shows the Status as “Finalised”. 13. The finalised form will be pushed to the ECI for further necessary action. Please raise your technical difficulties at https://s upport.ecitech.in/support/login 128Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction Annexure -C18 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III Dated: 9th July, 2019 To The Chief Electoral Officers of all States/UTs Sub:- General Elections to Lok Sabha, Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha & Sikkim and some bye -elections, 2019 -List of defaulting candidates in terms of submiss ion of their accounts of election expenses -Reg. Madam/Sir, In continuation of the Commission’s letter of even number dated 31.05.2019 andCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction 19.06.2019 (copies enclosed for ready reference), I am directed to state that DEOs ar e requested to send the DEO’s S crutiny Reports [Annexure -C3* of “Compendium of Instructions on Election Expenditure Monitoring (February, 2019)] within 45 days of declaration of results i.e. by 8th July, 2019 through the CEO to the Commission and if the CEO feels it so necessary additio nal comments may be furnished thereupon, separately. In the past it has been noticed that DEOs and the CEOs are sending the DEO’s Scrutiny Reports in a piecemeal manner which leads to undue delay in their final disposal. For the sake of timely disposal of accounts cases by the Commission, it has been decided that DEO’s Scrutiny Reports on Accounts of Candidates shall now be categorized at the CEO level and shall be furnished to the Commission in the specified format (annexure enclosed), as under: - A. Tota l No. of DEOs who have furnished scrutiny reports. B. Total No. of Contesting Candidates. Category -1: Candidates in whose case no defect has been pointed out by the DEO in the DEO’s Scrutiny Report. Category -2: Candidates who did not lodge th eir accounts of election expenses. Category -3: Candidates who failed to lodge their accounts of election expenses within the prescribed time period (i.e. within 30 days from the date of declaration of election results under section 78 of the R. P. Act, 195 1). Category -4: Candidates who failed to lodge their accounts of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner 129 required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2, 3 and 4).Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction 2. You are requested to bring it to the notice of all DEOs for compliance and furnish the DEO’s Scrutiny Reports w ithin 45 days of declaration of results of elections along with proper categorization of account cases in the prescribed format (annexure enclosed) to the Commission.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARY Copy to Zonal Section/Zona l Under Secretaries/Zonal Secretaries/Zonal Principal Secretaries with the request to take follow up action on DEO’s Scrutiny Reports in terms of Commission’s circular dated 2nd June, 2016. *Please refer Annexure -C13 for A nnexure -C3 as the Compendium has been revised. See below Annexure Summary of DEO’s Scrutiny Report from the State of ……………………General Elections to ………………………………….Year…………………. Category -1-Candidates where no defects pointed out by the DEO in the DEO’s Scrutiny Report Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -2-Candidates who failed to lodge their accounts of election expenses Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks 1 2 3… Total Category -3-Candidates who failed to lodge their accounts within prescribed time of 30 days of declaration of results Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention (i) last date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, ( iii) reason for late submission, if obtained by the DEO) 1 2 3… Total Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. TotalCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C18.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regarding non-adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rules, 1961 and Commission’s instruction Category -4-Candidates who failed to lodge their accounts of election expenses in the manner required under law (cases other than Category 2 & 3) Sl. No. District No. & Name of AC Name of Candidate Returned or Non - returned Party Affiliation/ Independent Remarks (mention the deficiencies found and amount of understatement, if any) 1 2 3…. Total Category -5-Candidates who failed to lo dge their accounts in time and m anner (cases other than Category 2, 3 & 4) Sl. No. District No. & Name of Name of Candidate Returned or Non -Party Affiliation/ Remarks (mention (i) last 131 AC returned Independent date for submission of accounts, (ii) date of submission of accounts and the number of days delayed, (iii) reason for late submission, if obtained by the DEO, (iv) the deficiencies found and amount of understatement, if any) 1 2 3…. Total (Signature of the CEO) Date: 132Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 Annexure -C20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 3/ER/2020/SDR/Vol. III Dated: 1st October, 2020 To The Chief Electoral Officers Of all States and UTs Subject: Optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the CE Rules, 1961) -Guide lines -reg. Madam/Sir, I am directed to state that under sub -section (1) of section 33 of the R. P. Act, 1951, nomination paper completed in the prescribed form and signed by the candidate and by an elector of the co nstituency as proposer has to be delivered to the Returning Officer at the place specified in the notice issued under Section 31 of the R. P. Act, 1951. 2. In order to move forward in the way of digital India and to minimize scope of mistakes in nomination form and the affidavit (Form 26 ), the Commission has decided to provide an optional facility to candidates for online data entry of personal details in nomination form. This facility will be available for the candidates through the Election Commission’s S uvidha portal https://suvidha.eci.gov.in . The candidate will have to do the registration and login with the mobile number and OTP. The guidelines for availing this facility are enclosed herewith (Annexure -A). 3. At present, the facility is avail able in two languages, namely, English and Hindi. 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 4. For any technical support an email may be sent at support@ecitech.in and technical person available at phone No. 011 -23052052 can be contacted. 5. This guideline s on may be brought to the notice of all DEOs/Returning Officers of your State and all the concerned election authorities for information and necessary action. 6. Kindly acknowledge receipts. Yours faithfully, Sd/- (N. T. Bhutia) Secretary See below Annexure -A Guidelines for optional facility for candidates for online data entry of personal details in Nomination Form A facility has been provided for the Candidates to make online data entry of their personal details in the nomination form and the affidavit (Form 26 ) through ECI suvidha portal i.e. suvidha.eci.gov.in. Validation checks at each step of the process will help the candidates to fill the form in proper format and without errors. The facility for online payment of security deposit by the candidate is also available through the same suvidha portal. 1. Online data entry in Nomination FormCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 1. Online data entry in Nomination Form 1.1 The facility of Online data entry in nominations form will be available for the Candidates through ECI Suvidha Portal https://suvidha. eci.gov.in Step 1 -registration - The Candidate will have to do the registration and login with the mobile number and OTP. After a successful login, the candidate needs to enter the EPIC number and the relevant details will be auto -fetched from the elector al roll. Step 2 -Data entry of personal details in the form and affidavit -Candidate then needs to make data entry of his personal details in the nomination form and affidavit online. In case of error or mistake entries, fille d in the form, can be edited/cor rected, till the finalization by the candidate. Step 3 - Selection of preferable dates - After complete details verification, candidate has to finalize the form and proceed further for selection of 3 preferable dates from the candidate given , by ticking at t he same, for physical submission of the form before the Returning Officer. Step 4 - Security deposit -Further, the candidate can submit the security deposit online by choosing the available options from net banking. Optionally , the candidate can choose to en ter the details of challan or indicate the option to deposit it by cash. Step 5 - Physical submission of print out of the form filled online -It is to be noted that the form in which the online data entry was made by candidate, will only be treated duly subm itted if a printout with QR Code is taken from the system, signed in ink, notarized and delivered by hand, either by the candidate himself or by his proposer between the hours of 11 O’clock in the forenoon and 3 O’clock in t he afternoon to the Returning Of ficer, on the appointed date and place specified by him. The online Nomination Facility will be closed one day prior to the last date of nomination. 136 Function of Returning OfficerCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 1. Provision of IT infrastructure and manpower - (i) Returning officers should set u p a workstation for physical verification of online data entry of personal details made by candidate in nomination from the date of notification till the last day of nomination. (ii) Returning Officer should ensure the availabili ty of one or more computers alongwith printer, scanner, webcam, stationary and other essential as per requirement at the workstation. The computer/laptop should be with webcam and minimum i3 processor, 2 GBRAM, and at least 50 GB of free space available. If the webcam is inbuilt in the l aptop/desktop then it should be at least 2 megapixels while in case of a separate webcam, the same should be of at least 5 megapixel. (iii) Operating system and Browser should be updated with updated antivirus Java Script support . (iv) The system and hardware shall be checked by Returning Officer, well in advance, by scanning a sample QR code and also the quality of scanning and printing. (v) Returning Officer should identify the staff and arrange training of them, well in time, scanning of QR Code, verification of physi cal and electronic copy filled up by the candidate, generating and taking print out of the receipt from the system.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 2. Processing and verifying Nomination Forms in which data entry made by candidate online - (i) The Returning Office r will login and complete the pr ocess of nomination form, in which online data entry was made and received through the ENCORE portal https://encore.eci.gov.in . (ii) The Returning Officer can view all the Preferences indicated by candidates for dates f or delivering print out of nomination form in which online data entry was made and give appointments accordingly. (iii) As per the common directions, the nomination forms, which have been filled using the suvidha portal are requir ed to be downloaded, printed and completed in all respects and then hard copy delivered physically by the candidate or his proposer, to the Returning Officer. Before verifying each such nomination form, the Returning Officer shall check the QR Code at the top of the first page. The scann ing of QR Code shall be done at the first instance by the Returning Officer, which will mark the time of receipt of the application. (If in any case, the QR Code is not readable through the webcam, the Returning 137 Officer has the option to enter the system g enerated nomination id printed on the form and proceed for verification.) (iv) After scanning, the details of the physically handed over form shall be checked and verified from the online submitted form. (v) In case of a difference between a form in which online da ta entry made and physically submitted form, the nomination form should be treated as submitted offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C20.txt Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online data entry of personal details by candidates in Nomination Form and Affidavit (in Form 26 appended to the C. E. Rules, 1961)-Guidelines -Reg. 135-138 offline form and procedure for processing of physically submitted form be followed. In such a case, the online nomination form s hould be discarded. (vi) Returning Of ficer shall verify the details of online payment of security deposit. In case the amount has not been credited to the treasury / bank account of the designated institution / bank, the same will be recorded in the nomination form and this be informed to the candidate. In such case, the manual method of security deposit, as prescribed by the Election Commission of India, shall be followed. (vii) After the verification of nomination form as per the above procedure, the Returning Offic er shall fill Part (IV) in the s ystem and proceed for receipt generation. (viii) Returning Officer should verify the details in the receipt generated and signed copy be handed over to the candidate as per the rules. (ix) Returning Officer shall prepare the checklist as provided in the Commission’s instructions and the same will be handed over to the candidate against a proper receipt. 138Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure_G5.txt _ Annexure –G5 NO. CAS -7(15)/2012/DIV -I(Election) Government of India Ministry of Civil Aviation Bu reau of Civil Aviation Security ‘A’ Wing –I, II, III, Janpath Bhawan, Janpath New Delhi -110001 11/10/2013 ADDENDUM TO OFFICE MEMORANDUM DATED 04/10/2013 Subject: General Electi ons to the Legislative A ssemblies of NCT of De lhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -2013 - reg. Reference is invited to this office O.M. of even number dated 04/10/2013 regarding implementation of Modified SOP to prevent tra nsport of unauthorized arms, cont raband goods and suspicious money/bullion throu gh airport located during current election p rocess in the poll going states. The following instructions are to be followed additionally: - (i) Passengers, crew and baggage to be tr ansported in General Avi ation/Cha rtered/P rivate aircrafts and aircrafts owned or hired by state governments shall be emplane d through the normal pre -embarkation security check procedure as is applicable to scheduled flights. Similarly normal disembarkation channel shall be followed and ex it of su ch pa ssengers and baggage shall not be allowed through any other gate of the airpor t. Movement of exempted category passengers is to be coordinated in advance for smooth passage but their hold baggage will be screen ed. (ii) Baggage (except the handheld purse o r pou ch by any passenger) of arriving passengers, crew in respect of General Aviati on/Chartered/Private aircrafts and aircraft owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and theCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure_G5.txt _ owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police where deplo yed. The X-BIS may be provided on arrival by th e airport operator CISF/ASG shall arrange to deploy additional manpower, If necessary for this duty: (iii) Airport operators manning the In -line Baggage Screening System (IB SS) and the aircraft ope rators en gaged in screening of baggage through stand alone X -BIS shall report the detection of an un authorized arms to police and suspicious money/bullion to Income Tax Officer(s) posted at the airports in poll going states without any delay; and (iv) It will be the r esponsib ility of District Magistrate/SP to prev ent transport of unauthorized arms, contraba nd goods and suspicious money/bullion in General Aviation/ Chartered/ Private aircrafts and aircraft owned or hired by state governm ents operating to/from r emote/ un controll ed ai rports/helipads to poll going states during election process. The guidelines a re to be strictly adhered to and the above instructions will remain in force till end of the poll process in the states. Sd/- (R. N. Dhoke, IPS) Addl. C ommis sioner of Security (CA) 314 Distrib ution: -Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure_G5.txt _ 1. All Chief Secretaries of States/ Uts. 2. The DG. CISF, 13 CGO Complex, Lodhi Road, New Delhi. 3. All DGP/IGP of States/Uts 4. DGCA, Opposite Safdarjung Airport, New Delhi 5. Chairman, AAI Safdarjung Ai rport, Ne w Delhi 6. The R DCOS(CA), BCAS, Delhi, Mumbai, Chennai, Kolkata, Amritsar, Ahmedabad, Hyderaba d and Guwahati - For Strict Compliance. 7. The MD, DIAL, New Udan Bhawan Opp Terminal -3, IGI A irport, New Delhi - 37. 8. The MD, MIAL, CSI A irport, 1st Floor. Terminal 1B, S antacruz (E), Mumbai - 400009. 9. The MD, CIAL Coch in Int, Airport Ltd, Cochin Airport, Cochin. 10. The MD, HIAL, Hyderabad International Airport Ltd, Shamshabad -500408. 11. The MD, BIAL, Bangalore International Airport Ltd, Administra tion Block, Bengaluru Internation al Airpo rt De vanshaill, Bangalore - 560300 12. The MD, MIHAN India Private Ltd. Dr. Babasaheb Am bedkar International Airport Nagpur. Copy to: 1. Election Commission of India (Kind attention: Shri S.K. Rudola, Secretary), Nirvachan Sadan, Ashoka Road, New Delhi -w.r.t. letter No.76/Instructions/2013/EEPS/Vol.VI /330 dated 30.09.2013. 2. The Secretary to the Govt. of India Ministry of Civil Aviation, Rajiv Gandhi Bhawan, New Delhi. 3. The Chairman, CBDT, North Block, New Delhi. 4. The Joint Director, IB , 35 SP M arg, New Delh i. Internal: 1. PS to Jt. COSCA. 2. Shri R. N. Dhoke, Addl COS (CA), Nodal Officer, Tel No. 011 -23311467, Mob No. +919013626605. 3. Shri M T Baig, ACS (CA), Alternate Nodal Officer, Tel No. 011 -23731721. 4. All Officers in BCAS Hqrs. 315Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G6.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, letter no. CAS -7(15) 2012 /Div. (E lection), dated 12th November, 2013 issued to IG, CISF, New Delhi regarding enforcement of SOP to prevent transport of suspicious money/bullion through airports during election process Annexure -G6 F.No.CAS -7(15) 2012/Div.(Election) Government of India Ministry of Civil Aviation Bureau of Civil Aviation Security A’ Wing, I -III floor, Janpath Bhavan, Janpath, New Delhi -110001 Date: 12/11/2013 To The Inspec tor General, CISF (Ai rport Sector), 13, C GO Co mplex, New Delhi Sub: Election to the Legislative Assemblies of N CT of Delhi, Chhattisgarh, Rajasthan, Madhya Pradesh and Mizoram -Reg. Sir, Reference is invited to CISF lette r no. 10679 dated 9/ 11/20 13 on the subject sited above resp onse to Election Commission of I ndia letter no. 739 dated 01/11/2013. 2. In this connection, BCAS letter of even number dated 11/10/2013 (copy enclosed) inter alia reads that p assengers, crew and b aggage to be transpo rted in general aviation/chartered/private aircrafts and aircrafts owne d or hired by State governments shall be emplaned through the normal pre -embarkation security cheek procedure as is applicable to scheduled flig hts. Similarly, norma l disembarkation cha nnels shall be followed and exit of such passenger and baggage shall no t be allowed through any other gate of the airport. Further, AAI has instructed to airports vide their letter no. 1583 dated 8/11/2013 (copy enclosed) reiterating th e above instructions in response to this office letter of even number dated 01/11/2013. The above duties can be achieved by redeployment of existing manpower. 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to:Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G6.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, letter no. CAS -7(15) 2012 /Div. (E lection), dated 12th November, 2013 issued to IG, CISF, New Delhi regarding enforcement of SOP to prevent transport of suspicious money/bullion through airports during election process 3. In view of the above, you are requested to enforce the above said procedu res under intimation of this office. Encl: As above Yours Faithfully, Sd/- (R.N. Dhoke) Addl. Commissio ner of Security (CA) Copy to: 1. Chief Secretary, Madhya Pradesh 2. DGP, Madhya Pradesh Police 3. Chairman, AAI, R.G. Bhavan, New Delhi 316 Copy for informat ion to: 1. Election C omm issioner of India (Shri B. B. Garg, Jt. Director), Nirvachan Sadan, Ashoka Road, New Delhi -01 Internal: PS to Jt. COSCA, PS to ACOS (S), ALL RDCOS, BC 317Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items Annexure -G7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Asho ka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject : Standard Operati ng Procedure for sei zure and release of cash and other items - regarding Madam/Sir, In supe rsession of Commission’s Order No. 76/Instructions/2014/EEPS/Vol. XIX, dated 30th December 2014, I am directed to forward herewith the revised S tandard Operating Procedure (SOP) for dep loyme nt of the Flying Squads, Static Su rveillance Teams etc. and for seizure and release of cash and other items during election process, for necessary action and compliance.(Changes in italics). 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 2. You are requeste d to kindly bring it to the notice of all election officials, the Income Tax Department, Police Department and E xcise Department for compliance. 3. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARY 318 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOK A ROA D NEW DELHI -110001 File No. 76/Instructions/ EEPS/2015 /Vol-II Dated: 29th May, 2015 Order Whereas, the Superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Election Commission under Article 324 of the Constitution; and Whereas, all forms of intimidation, threat, influence and bribing of electors must be prevented in the interest of free and fair election and; reports are received that money power and muscle power are being used during election process for inducement of electors by way of distribution of cash, gift items, liquor or free food; or for intimidation of electors by threat or intimidation; and Whereas, distribution of cash or any item of bribe or use of muscle power for influencing electors are crime under sections 171 B and 171 C of IPC and also are Corrupt Practices under Section 123 of R.P. Act, 1951; Now, therefore, for the purpose of maintaining pu rity of elections, the Election Commission of India hereby issues the following Standard Operating Procedure for Flying Squads, constituted for keeping v igil over excessive campaign expenses, distribution of items of bribe in cash or in kind, movement of illegal arms, ammunition, liquor, or antisocial elements etc. in the constituency during election process: Flying Squad (FS) 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 1. There shall be three or more Flying Squads (FS) in each Assembly Constituency/Segment . The FS shall start functioning from the date of announ cement of election and shall continue till completion of poll. 2. The Flying Squad shall (a) attend to all model code of condu ct 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 pu rpose of bribing of electors etc.; (c) attend to all complaints regarding election expenditure incurred or authorized by the candidates / political party; (d) videograph w ith the help of Video Surveillance Team (VST), all major rallies, public meetings or other major expenses made by political parties after the annou ncement of election by the Commission. 3. In Expenditure Sensitive Constituencies (ESC), there shall be more FSs, depending on the requirement. The FS shall not be given any other work during the period. The names and mobile numbers of the Magistrate as head of the FS and other officials in FS 319 shall be provided to the Complaint Monitoring Control Room and Call Centre, RO, DEO, General Observer, Police Observer, Expenditure Observer and Ass istant Expenditure Observer. In ESCs, CPF or State Armed Police may be mixed in the FS, depending on the situation and the DEO shall take necessary steps in this regard. The DEO shall constitute the FS with officers of proven integrity.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 4. Whenever a complaint regarding distribution of cash or liquor or any other item of bribe or regarding movement of antisocial elements or arms and ammunition, is received, the FS shall reach the spot immediately. In case of suspicion o f com mission of any crime, the incharge Police Officer of FS shall seiz e 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 prop er Panchnama for sei zure as per the provisions of CrPC to the person from whom such items a re seized. He shall ensure that case is submitted in the Court of competent jurisdiction within 24 hrs. The Magistrate of the FS will ensure tha t proper procedure is followed and there is no law and order problem. 5. 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 E xpenditure Observers, and shall also send Daily Activity report in respect of model code of condu ct violations to RO, DEO, S.P. and General Observer in the format as given in Ann exure-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 conso lidated report in the same format ( i.e.,: Ann exure – A & B) on the next day by fax/ e-mail to the Commission w ith a copy to the CEO of the state.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 6. The entire proceeding shall be video recorded. The Inchar ge Officer of FS sh all also file complaints/F.I.R. immediately against (i) the persons, receiving and giving bribe; and (ii) any other person from whom contraband items are seized, or (iii) 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.O. for public information and be sent to the DEO, General Observer, Expenditure Obs erver and Police Obs erver. The Expenditure Observer shall mention it in the Shadow Observation Register, if it has links with any candidate’s election expenditure. 7. In case, a complaint is received about distribution of cash, gift items, liquor or free food; or about threat/ intimidation of electors; or of movement of arms/ammunitions/ antisocial elements 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 police station of that area, who shall rush a team to the spot for taking necessary action on the complaint. All seizures made by the police authorities either on receipt of complaints 320 forwarded by FS or received independently shall also be reported to the FS which shall incorporate such seizure reports in its Daily Activity Reports in relevant rows/columns and this is done to avoid dup lication of reports of s eizure.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 8. Each FS shall announ ce through a Public address system, fitted onto its vehicle, the following in local language in the area un der 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 bo th. 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 know ledge 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”. 9. As per C ommission’s instruction No. 23/1/2015 -ERS, dated 21 -02-2015, Booth Level Awareness Groups (BAGs) formed for purification and authentication of electoral rolls of the booth will also be associated in collecting the evidences of malp ractices taking plac e in their area either by mobile softwa re developed by the Commission o r otherwise. Whenever the BAG provides any information, the Flying Squad should reach the spot within shortest possible time and take necessary action and gather cor roborative evidences . 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 10. The DEO shall publish pamphlets quo ting the above in English or Hindi or local language and distribute through the flying squad in prominent places. Press release shou ld also be issued by the DEO on the election expenditure monitoring measures. 11. After the announ cement 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. 12. All the vehic les u sed by the Flying Squads shall be fitted with the CCTV cameras/ webcams or shall have video cameras (keeping in view the availability and economic viability) for recording the interception made by the Flying Sq uads Static Surveillance Team (SST) 1. There shall be three or more Static Surveillance Teams in each A ssembly Constituency/Segment w ith one executive magistrate and three or four police personn el in 321 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. 2. 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. 3. The Magistrate of the SST shall send Daily Activity report to the D.E.O. w ith copy to R.O., S.P. and E xpenditure Observer, General Observer, and Police observer in a format as per Ann exure –C, on the same day. The S.P. sha ll send daily activity update to Nodal Officer of Police Headquarter, who shall compile all such reports from the district and send a conso lidated 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.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 4. The checking by the SSTs shall be done in the presence of an Executive Magistrate and shall be video-graphed. No such checking shall take place without the presence of Executive Magistrate. The video/CCTV record with an identification mark of date, place and team number shall be d eposited with the R.O, on the next day who sh all 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/-. 5. 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. 6. Checking by SST on the major roads or arterial roads shall commence from the date of notific ation of election . The SSTs shall be controlled by the DEO and S.P. in consu ltation with General Observer and Expenditure Obs ervers and the mechanism shall be strengthened in last 72 Hrs. before the poll, particularly in vulnerable areas or in Expenditure sensitive pockets and during suc h period, the SST shall not be dismantled under any circumstances . 7. 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. 10,000/-, likely to be used for inducement of electors or any other illicit articles are found in a vehicle, shall be subject to seizure. The whole event of checking and seizure is to be captured in a video/CCTV, which will be submitted to the Returning Officer, everyday. 322Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 8. If any star campaigner is carrying cash up to Rs. 1 Lakh, exclusivel y for his/her persona l use, or any party funct ionary is carrying cash with certi ficate 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 vehic le and there is no suspicion of commission of any crime or linkage to any candidate or agent or party functionary, then the SST shall not seize the cash, and pass on the information to the Income -Tax authority, for necessary action under Income - Tax Laws. 9. During checking, if there is any suspicion of commission of c rime, the seizure of cash or any item shall be done by the incharge Police Officer of the SST as per provision of CrPC in presence of the Execut ive Magistrate. The P olice Officer in cha rge o f SST shall file complaint/FIR in the Court, having jurisdiction, within 24 hours. 10. 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, unle ss there is a lady o fficer. The FS shall also supervise the functioning and proper conduct of SSTs during checking in their areas. 11. Advance training of FSs and SSTs should be done as per direction of the Commission. The DEO and the SP of the district sh all ensure that the teams are constituted and properly trained. The Nodal Officer at the Po lice Headquarters shall ensure that proper training and sensitisation of the police force is this regard is done. 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell).Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 12. In case of any grievance about the conduct of the FS or SST, the A uthor ity, whom the person can appeal fo r redressal of grievance on misc onduct or harassment shall be the Dy. DEO of the district (in charge of the Expenditure Monitoring Cell). 13. 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. 10 lac s 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 r equired. 14. Wherever the FS or SST or police authorities receive information about any suspicious items in their area, including movement of huge amount of cash, they shall keep the respective Law enforcement agencies informed about such items. 15. All the vehicles, used by SSTs and FSs may be fitted with GPRS enabled tracking unit so that timely action by the teams can be monitored.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 16. Release of Cash (i) In order to avoid inc onvenience to the pub lic and genuine pers ons a nd also for redressal of their gri evances, if any, a committee sh all be formed comprising three officers of 323 the District, namely, (i) CEO, Zila Parishad/CDO/P.D,DRDA (ii) Nodal Officer of Expenditure Monitoring in the District Ele ction Office (Conveno r) and (iii) District Treasury Officer. The Committee shall suo -motu e xamine 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 seizur e or where the seizu re is not linked with any candidate or political party or an y election campaign etc., as pe r Standard Operating Procedure, it shall take immediate step to order release of such cash etc. to such persons from whom the cash was seized aft er passing a speakin g order to that effec t. Th e Committee shall look into all cases and take decision on seizur e. (ii) The procedure of appeal against seizure should be mentioned in the seizure document and it should also be informed to such persons at the tim e of seizure of cash . The functioning of this committee should be given wide pub licity, including telephone no. of the convenor of the Committee. (iii) All the information pertaining to release of cash, shall be maintained by the Nodal Officer expenditure monito ring in a register, serially date wise wi th th e details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. (iv) If the release of cash is more than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relatingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items shall be kept inform ed before the releas e is effected. (v) All c ases of seizure of cash etc., effected by FS, SST or Police authoritie s shall immediately be brought to the notice of the Committee formed in the District and the Committee shall take action as per para (i) mentione d above. In no case, the matter relating to se ized cash/ seized valuables shall be kept pending in malkhana or treasury for more than 7(Seven) days after the date of poll, unless any FIR/Complaint is filed. It shall be the responsibility of the Returning O fficer to bring all such cases before the appe llate committee and to release the cash/valuables as per order of the appellate committee.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 17. It is further informed that the EEMS software for Daily Activity Report, available in the Commission’s website may be used for sending the report to the Com missi on. By order , Sd/- (S. K. Rudola) Secretary Note: Please refer Annexure -B8, B9 & B10 for Annexure - A, B & C. 324 Format for Receipt to be given to persons from whom cash/article is seized Book No…………… ……. Receipt Number…… …… …………. Date …… ……………… ……. Name of the Executive Magistrate …… ……… …… … (Heading the Flying Squad/ Static Surveillance Team) 1. Cash Amount seized Rs…… ………… …… (in words……… ……… …… ……… ……… ……… …… ……) / Other articles seized… ………… ……… ……… …… ……… ……… ……… ……… ……… ……… …… .from Shri……… ……… ……………… ……… ……… …… ……… ……… …….. ……… ……Address:…………… ……… ……… …… ……… ……… ……… …… …………. . Mobile No. ……… ……… ……… ..……… ………… .. at…………… ……… ……… …… …….. (name of place where seized) on dated……… ……… ……… ………… ……falling in the Assembly/Parliamentary Constituency of………… ……… ……………… ……… ……… …… ……… ………… . (Name of State/ UT) …… ……… …… District ……… ……… ………… ………P olice Station ……… ……… ……. … ………… as the entire cash/ other articles is suspected to be used as bribery of the electors. OrCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G7.txt Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 SOP regarding seizure and release of cash and other items 2. The cash Rs…… …… ……… ……… ……… …… ……… ……… ……… …… ……... ( In words Rs ……… ……… ……… …… ……… ……… ……)/- (details of other articles) have been h anded o ver to Sh ri……… ……… ……………… ……...(name and designation of the Officer of Income Tax Deptt.) taking necessary action under Income Tax Laws. (Strike out if not applicable) Appeal Proc edure You may appeal to ……………… ……… ……… …… ………….. (Name of ADM/SDM, heading the Expenditure Monitoring Cell) for redressal of grievance, within seven da ys or you may appe al to Joint Director of Income Tax (Inv.) for necessary relief if action relates to Income Tax deptt . Signature with Stamp (Name, Designation and address of Magistrate) Date: 325Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G8.txt Commission’s letter no. 76/Instructions/EEPS/2015/Vol. V, dated 20th January, 2016 (forwarding letter only) regarding Non-scheduled Operator’s Permit holders (NSOP) Annexure -G8 ELECTION COMMISSION OF INDIA Nirvachan Sada n, As hoka Road, New Delhi -110001 No. 76 /Instructions/EEPS/2015/Vol.V Dated: 20th January, 2016 To The Chief Electoral Officers of All the States and UTs Subject: List of Non -Scheduled Operator’ s Permit holders (NSO P)- Regard ing. Sir/Madam, Kindly find enclosed a copy of letter no. AV.14015/Gen./2008 -AT-I, dated 05.01.2016 received from the Director General of Civil Aviation, New Delhi forwarding therewith list of service providers for Non -Sche duled Operators Permi t Hol ders. The office of DGCA has infor med that the NSOP holders (Serv ice Providers) are free to fix the hiring charges and such charges are not being regulated by the office of DGCA. I am directed to request you to kindly bring it to the notice of all th e Dis trict Election Officers and other election authorities impressing that whenever necessary, the information regarding hiring charges of helicopters/aircrafts etc. may be obtained by them directly from the Non -Scheduled Operators Pe rmit Holders. Yours faithfully, Sd/- (AVINASH KUMAR) SECR ETARY Enc. As above (33 pages) Copy to Shri Ved Prakash, Director of Operations (Air Transport), O/o the Director General of Civil Aviation, Technical Centre, Opp. Safdarjung A irport, New Delhi ( By Special Messenger) , with the request to facilitate the desired information and keep upda ting the list on the website of DGCA so that the election authorities are able to obtain latest information during election process. Sd/- (AVINAS H KUMAR) SECRETARY 326Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G9.txt Commission’s letter no. 76/Instructions/EEPS/2016/Vol. II, dated 4th April, 2016 SOP regarding follow up action by the Flying Squads on receipt of complaints relating to storage of cash or other valuables etc. in any premise Annexure -G9 ELECTI ON CO MMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2016/Vol.II Dated: 4th April, 2016 To The Chief Electoral Office rs of all States/UT s Subject: Standard O perat ing P rocedure for follow up action by the Flying Squads on receip t of complaints relating to storage of cash or other valuables etc. in any premise - Regarding. Madam/Sir, I am directed to refer to the Commissio n`s letter No.76/In structions/2015/EEPS /Vol. II dated 29th May 2015 and to stat e that the instructions therein provide a comprehensive SOP in respect of deployment of Flying Squads, SSTs etc for seizure and release of cash and other items during election p rocess. The SOP cov ers instances of comp laints relating to movement of large sum of cash etc. suspected to be for the purpose of bribing of voters etc. However, it is seen that there is lack of clarity in respect of the procedure to be followed by the comp laint monitoring ce lls and Flying Squads in respect of complaints relating to s torage of large amount of cash at any premise which is suspected to be for illegal use in connection with election. Accordingly, it is decided that the following procedure may be strictly followe d by the complaint mo nitor ing cell, DEMC or the Expenditure Observer on receipt of such com plaints or information that large amounts of cash or other valuables are lying at any premise which may be used for bribing of voters. 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G9.txt Commission’s letter no. 76/Instructions/EEPS/2016/Vol. II, dated 4th April, 2016 SOP regarding follow up action by the Flying Squads on receipt of complaints relating to storage of cash or other valuables etc. in any premise 1. On receipt of any such complai nt, the complaint mon itoring cell will immediately inform th e Expenditure Observer regardin g the same. 2. The Expenditure Observer or the Nodal Officer, DEMC will coordinate with the In - charge of the Income Tax Team. If required the Nodal O fficer of Income Ta x (Investigation) may also be informed for taking appropriate action. 3. A team of Flying Squ ad will be immediately rushed to the spot. The team will deploy persons at some distance yet within sight from the premises for continuous surveil lance of the premis e till the team from Incom e Tax Department arrives or it is conclusively inferred from disc reet enquiry that the information is not genuine. If required, videography can also be made. 327 4. Neither the Expenditure Observer, nor any member of the Flying Squad wi ll enter the premise befor e arrival of the Income Tax Team. 5. Any action with regard to sear ch and seizure will be undertaken by the Income Tax Department as per procedure laid down under the Income Tax Act. However, the members of the Fl ying Squad team or the Expenditure Obser ver m ay enter the premise if their serv ices are required by the Income Tax team, which would be strictly under the provisions of the Income Tax Act including authorisation etc. 6. The DEO/ SP are expected to provide ne cessary assistance in execution of the s earch by the Income Tax team. 7. The Flying Squad team (teams) should be present in the vicinity for interception and checking of persons entering or coming out of the premise during the period of the search. Cash or v aluables etc found in such vehicles/ wit h suc h persons may be seized by the Fly ing Squad as per laid down proc edure. 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G9.txt Commission’s letter no. 76/Instructions/EEPS/2016/Vol. II, dated 4th April, 2016 SOP regarding follow up action by the Flying Squads on receipt of complaints relating to storage of cash or other valuables etc. in any premise 8. It is clarified that the Expenditure Observer or the Flying Squad will not carry out any search of the premises on their own. 9. The instruct ion contained in pa ra 4.2.8 of the Compe ndium of Instructions must be strictly complied by the Expenditure Obs erver. He shall co -ordinate with the Enforcement agencies and shall ensure that there is free flow and exchange of information among all agencies. On receipt of info rmation from any agen cy, a ction is to be taken promptly by t he law enforcement agency conce rned. You are requested to kindly bring it to the notice of the Income Tax Department, Police Department and all the election authorities for com pliance. Kindly ac knowledge the receipt of this letter. Yours faithfully, Sd.- (Satyend ra Kumar Rudola) Principa l SecretaryCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections Annexure -G11 M-11045/7/2023 -Distribution -PNG Government of India Ministry of Petroleum & Natural Gas Shastri Bhawan, New Delhi Dated 2nd August, 2023 To, The Chairman and CMD, IOCL, BPCL, H PCL, MRPL, NRL, RBML, NEL, Shell and RSIL Subject: Curbing the abuse of sale of coupons for buying fuel at R etail Outlets during elections -reg Sirs, I am directed to refer to the subject mentioned above an d to inform that the Ministry has received a letter dated 18.07.2023 from Elect ion Commission of India (ECI) intimating that the General Election to the Legisl ative Assemblies of C hhattisgarh, Madhya Pradesh, Mizoram, Rajasthan and Telangana is to be condu cted shortly by the Commission and General Electio ns to Lok Sabha and Legislative Assemblies of some more States/UTs is due in the next year 2024 (letter enclo sed). 2. ECI vide their earlier letter dated 23.03.2023 had stated that there is a mechanism put in place by the Commission to control the abuse of money power and excessive e lection expenditure which is under reported. Further, Commission was apprised in the past of sale of coupons for buying fuel and other petroleum products etc. during currency of elections without routing through the books of ac count by the Political Party or candidates or other persons to escape the reporting of expenditure on their p art which also amounts to bribery and punishable offence under section 123 B of the R. P. Act, 19 51. These unlawful activities disturb the level playing field during elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 3. Oil Marketing Companies (OMCS) are, therefore, advised to take all the appr opriate measures to prevent and check sale of such coupons for buying fuel in the poll bound States/UTS and their neighboring States/UTS, so that i t does not vitiate the electoral process. This Ministry may also be apprised of the actions/ measures taken b y OMC s. Yours sincerely, Sd/- (A. K. Sinha) Under Secretary to the Govt. of India Tele: 23070329 335 Anne xure -G12 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/SOP/ESC -ESP/ECI/EEPS/2023 Dated: 3rd August, 2023 To The Chief Electoral Officers All States/UTs Sub: Standard Ope rating Procedure (SOP) for identification of Expen diture Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs) -Reg. Madam/Sir, I am directed to forward herewit h Standard Operating Procedure (SOP) for identification of Expe nditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs ) with the request to bring it to the notice of all DEOs and ROs for necessary compliance. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary 336 Standard Ope rating Procedure for identification of Expenditure Sensitive Constituency (ESCs) and Expenditure Sensitive Pockets (ESPs): 1. The Chief Electoral Officer of the State/UT is required to identify a Constituency as Expenditure Sensitive Constituency (ESC) which is prone to high expenditure and corrupt practices, on the basis of history, profile of the constituency and past developments after having discussion with District Election Officers, State Police Department, and enforcement agencies which participate in e xpenditure monitoring process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 2. The Chief Electora l Officer of the State/UT will organis e the meeting with the State Level Nodal Officers of various enforcement agencies at least 6 months before the month of expiry of the Legislative Assembly of the State/ UT and/or Lok Sabha, to identify mapping of sensitivities on two main grounds. a. Functiona lities like main cohorts of cash, liquor, drugs, precious metals and freebies. b. Area wise sensitivities (District wise, group of district wise, AC wise)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 3. There is a checklist given below which are indicative empiric al parameters (These empirical paramet ers have been recollected from experiences in States/UT which underwent polls in past as well as it contains inputs from Technical Expert and CEOs of Group IV). This li st is only indicative and may be supplemented with specific other expenditure s ensitivit ies as deliberated by the CEO Office in consultation with Nodal Officers of enforcement agencies as mentioned in point 1. The indicative list of empirical parameters of identifying ESC is given below: i. High amount sei zure of cash, liquor, drugs/narcotics, precious metals/jewellery, freebies etc. during the last two Assembly/Lok Sabha election. 337 ii. High amount of seizure of cash, liquor, drugs/narcotics, precious metals/jewe llery, freebies, etc. in the preceding six months of announcement of election. iii. Constituency sharing State border and / or International border with neighboring State/UT and / or Country be identified as ESC based on history of seizure or other incidents du ring pa st elections. iv. Constituency having a signifi cant number of Expenditure Sensitive Pockets (ESPs). v. Information about treasury chests which show a 20% or more increase in demand for currency in the six months leading up to announcement of elections be o btained from RBI for identification of ESCs. vi. Unusually high number of online/di gital transitions from a few to many accounts, mostly of small denominations, starting witnessed by banks 6 months before probable date of poll.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 4. After the broad sensitivities a re comp iled by CEO Office in consultation with Sta te Nodal Officers of enforcement agencies, the district wise findings will be communicated to DEOs which in turn will discuss and seek further inputs by forming a District Intelligence Committee comprising of dist rict level officers of enforcement agencies. In case of few Central Agen cies where the strength in State is very few, District Intelligence Committee may seek inputs directly from State Level Nodal Officers in place of district level officers of res pective enforcement agency. 5. The District Intellige nce Committee as mentioned above will give its inputs back to CEO office within stipulated time which is = (Poll month of corresponding previous elections minus 5 months). CEO Office will compile detailed l ists wi th observations and comments and will inform Commission within timeline of Poll month of corresponding previous election minus 4 months (Poll month minus 4 months). This list shall be 338 marked as confidential and will contain ESCs, Assembly Constituen cy wise, including nature of sensitivity and prepa redness (what to do ?) and strategies to overcome the challenge (how to do?). 6. Sticking to timelines is important as the list and observations received from CEOs four months in advance from the month of expi ry of t he Legislative Assembly of the State/UT and/or Lok Sabha is required to be perused for making adequate arrangements for quality monitoring. 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 7. For an ESC, there may be upto two Assistant Expenditure Observers, such additional number of Flying Squads, Static Surveillance Teams and Video Surveillance T eams as required, over and above, those deployed in the remaining constituencies. 8. The list of ESCs is to be furnished in the format prescribed as under: Sl. No. Name of Expenditure Sensitive Constituency (ESC) Name of District ESC as per empirical criteria Criteria’s mentioned by which agency/agencies Detailed note on nature of sensitivity of ESC 339 Standard Operating Procedure for identification of Expenditure Sensitive Pockets (ESPs): 1. The District Election Officer (DEO), Superintendent of Police (SP) in consultation with the Expenditure Observer (EO), deployed in the constituency shall identify the Expenditure Sensitive Pockets (ES Ps) in the constituency during first visit of the EO. 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 2. Pockets havin g following characteristics may be identified as ESPs: i. Inputs of District Intel ligence Committee be considered for identification of ESPs. ii. Pockets having a large number of complaints/incid ents of distribution of cash, liquor, freebies etc. in the last elec tions. 3. Other empirical criterion as mentioned in the list of marking of ESCs should also be perused. 4. ESPs are to be kept under 24 x 7 surveillance by Flying Squads (FSs) and Static Survei llance Teams (SSTs) particularly during last three days of poll. The re shall be a mix of Central Paramilitary Force in the SSTs during this period. 340 Anne xure -G 13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/ SOP/EEM/EEPS/2023 Dated: 23rd November , 2023 To The Chief Electoral Officers of All States/UTs Subject: Standard Operating Procedure for seizure and release of cash and other items - Regarding Madam/Sir, I am directed to refer to the Commissi on`s letter no. 76/Instructions/EEPS/2015/Vol.II, dated 29th May, 2015 (copy enclosed) , forwarding therewith Standard Operating Procedure for seizure and release of cash and other items, and to draw your attention to the instructions laid in ‘Para 16 -Relea se of Cash ’ and to request you to ensure compliance of the instructions in letter and spirit during election process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 2. There are instances of keeping cash and valuables in Treasury/Malkhana without any FIR/Complaint . The Commission is concerned ab out the grievances of public and hence, it is reiterated that a s per instruction laid in ‘Para 16 -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 f ormed comprising three officers of the District, namely, (i) CEO, Zila Parishad/CDO/PD, DRDA, (ii) Nodal Officer of Ex penditure Monitoring in the District Election Office (Convenor) and (iii) District Treasury Officer . Name of such committee will be ‘Distr ict Grievance Committee’ , who shall suo -moto 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 politi cal party or any election campaign etc., as per SOP dated 29th May, 2015, it shall take immediate step to order releas e of such cash etc. to such persons from whom the cash was seized after passing speaking order to that effect. If the release of cash is m ore than Rs. 10 (Ten) Lac, the nodal officer of Income Tax shall be kept informed before the release is effected.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G11.txt Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CMDs of Oil Marketing Companies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections 3. It is to be ensure d that functioning of ‘District Grievance Committee’ should be given wide publicity, including telephone number of the Convenor of the Committee. 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. It is also to be ensured that during election process the ‘Di strict Grievance Committee’ headed by CEO, Zila 341 Parishad/CDO/PD, DRDA will meet once in 24 hours at a predeclared place and time. All the informatio n pertaining to release of cash shall be maintained by the Nodal Officer of Expenditure Monitoring in a regi ster, serially date wise with the details regarding amount of Cash intercepted/seized and date of release to the person(s) concerned. 4. In no case, the matter relating to seized cash/valuables shall be kept pending in Malkhana or Treasury for more tha n 7 (seven) days after the date of poll, unless any FIR/Complaint is filed. However, ‘District Grievance Committee’ should not delay in taking decision and keep pending any case unnecessarily upto the 7th day of date of poll. It shall be the responsibility of the Returning Officer to bring all such cases before ‘District Grievance Committee’ and to release the cash/valuables as per order of the Committee. 5. You are requested to bring it to notice of all DEOs, ROs, el ection authorities concerned inclu ding Observers, all Nodal Officers of various enforcement agencies involved in Election Expenditure Monitoring for necessary compliance . Yours faithfully, Sd/- Encl. As above (Anup Kumar Khakhlary ) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D6.txt Commission’s letter No. 464/INST/2011/EPS, dated 28th March, 2011 regarding vehicle permit for district office bearers of recognized political parties Annexure -D6 ELECTION COMMISSION OF IN DIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.464/INST/2011/EPS Dated: 28th March 2011 To The Chief Electoral Officers of 1. Assam, Dispur 2. West Bengal, Kolkata 3. Kerala, Thiruvananthapuram 4. Tamil Nadu, ChennaiCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D6.txt Commission’s letter No. 464/INST/2011/EPS, dated 28th March, 2011 regarding vehicle permit for district office bearers of recognized political parties 5. Puducherry, Puducherry Subject: General Election to Legis lative Assembly, 2011 -Vehicle permit for district office bearers of recognized political party regarding. Sir, With reference to the subject ci ted and in partial modification of the Commission’s instruction of even no. dated 23rd March, 2011, I a m directed to state that the Commission has reviewed the matter and has now decided that if any political party applies for permission for vehicles to be used by their district level office bearers/ leaders(other than the star campaigner) for their visit t o multiple ACs within the district for electioneering purposes, necessary permission should be given by the DEO of the district concerned. In such cases, the permit shall be in the name of the person while also mentioning the registration no. of the vehicl e. The expenditure on this vehicle shall be incurred by the political party and not by the candidates. This permit should not be used for travel in other districts. I am to further state that the Commission has directed that for a particular district only one permit may be issued for a recognized party whether national or state. It is further stated that the permit should be issued indicating t he name of the political leader, the No. of vehicle and also the period for which issued. The permit ma y be issued on a paper of a colour different from those used for issuing permits to candidates and star campaigners, so that it can be easily recognized. An attested copy of the permit shall be prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/-Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D6.txt Commission’s letter No. 464/INST/2011/EPS, dated 28th March, 2011 regarding vehicle permit for district office bearers of recognized political parties prominently displayed on wind screen of the vehicle and origin al be kept by the person for checking by police or any other authorities. The surveillance teams should also be informed in the matter. Yours fai thfully, Sd/- (SUMIT MUKHERJEE) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D8.txt Commission’s letter No.464/AP - HP & AP -LA/BE/2011/EEM, dated 3rd June, 2011, clarification regarding lodging expenses being incurred by the campaigners of the contesting candidates Annexure -D8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 110001 No.464 /AP- HP & AP-LA/BE/2011 /EEM Dated: 3rd June 2011 To The Chief Electoral Officer of All States and UT Subject: Clarification regarding lodging expen ses being incurred by the ca mpaigners of the contesting candidates. Sir, I am directed to invite reference to the provisions of Section77 of the Representation of the People Act, 195 1. As per Explanation 1(a) read with Exp lanation 2 under sub-section (1) of the said Section, the expen diture incurred by leaders of the political party, who are star campaigners, on account of travel for propagating programme of the party shall not be deemed to be the expenditure of the candidate in conne ction with the election. The expen diture related to booking of hotels and lodges rooms in the constituency by or for the Star campaigners is not exempted un der Section77 of R. P. Act, 1951. 2. I am further directed to inform that all expen diture including lodging/boarding expen ses of star campaigners in the con stituency where they c ampaign for any cand idate shall be included in the expe nditure accou nt 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 expen diture while remaining in a commercial hotel or lodge for the purpose of election campaign of the cand idate irrespective of the fact whether the payment is made by such cand idate or not.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D8.txt Commission’s letter No.464/AP - HP & AP -LA/BE/2011/EEM, dated 3rd June, 2011, clarification regarding lodging expenses being incurred by the campaigners of the contesting candidates 3. The market value of such commercial boarding and lodging is to be calculated towards the election ex penditure of the candidate, even if the boarding and lodging is provided as complimentary. It is further clarified that if the star campaigner while availing the boa rding and lodging in one constituency, travels to another constituency to campaign for other candidates, then the lodging and boarding expense will be proportionately distributed as the expense of those candidates. 4. A notice may be issued immediately in all such ca ses and it should be processed accordingly. 5. This disposes of Chief Electoral Officer, Andhra Pradesh, letter no. 1760 /Elecs.D/2011 - 7, da ted 30.04 .2011. Yours faithfully, Sd/- (AVINASH KUMAR) UND ER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D11.txt Commission’s letter No. 76/Instructions/2012/EEPS/Vol. I, dated 9th February, 2012 clarification regarding use of Video Vans during election by contesting candidates and political parties Annexure -D11 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-110001 No. 76/Instructions/2012 /EEPS/Vol.I Dated: 9th February, 2012 To The Chief Electoral Officer of all the States/UTs Sub:- General Elections to Legislative Assemblies of Uttar Pradesh, Punjab, Uttarakhand, Manipur and Goa-2012- Clarification on use of Video Vans during election by contesting candidates and political parties-Reg. Sir/Madam, I am directed to refer to Commission’s letter no. 437/6/INST/2008 -CC&B E dated 31st October, 2008 (copy enclosed) regarding use of video van etc. by political parties and candidates during election and to state that clarification has been sought regarding accounting of expenditure on this sorts by the political parties or candidates. In the subject matter it is clarified as under:- (i) If the Video Van is for political party used during election process for general party propaganda w ithout mentioning the name of any candidate or photo of candidate of any constituency, then it shall be book ed to party account, which shall be reported within 75 days by the party after completion of election in case of Assembly election or within 90 days in case of Lok Sabha election. (ii) If the name(s) or photo(s) of candidate(s) are displayed or any posters/banners of the candidate(s) are displayed thereon and the van is used in his constituency, then the expenditure has to be accounted for by such candidate(s). Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY 182Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D12.txt Commission’s letter No. 61/Complaints/AP -LS/2012/EEPS, dated 19th July, 2012 regarding collection of information from banks regarding suspicious transactions during electioneering under Article 324 of the Constitution Annexure -D12 ELE CTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 61/Complaints /AP-LS/2012/EEPS Dated:19th July, 2012 To The Chief Electoral Officers of All States/UTs Subject: Collection of information from banks regarding suspicious transactions during electioneering under Article -324 of the Constitution - regarding Sir, With refere nce to the suggestions of Indian Banks’ Asso ciation vide letter no. LEGAL/5946, dated 6th June, 2012 (copy enclosed), I am directed to state that in order to maintain purity of election process, the District Election O fficers (DEOs) sh all call for the following information from the Banks regarding susp icious cash transactions made through the banks during the election process: (i) Unusu al and suspicious cash withdrawal or deposit of cash in a bank account exceeding Rs. 1 lakh during the process of election, without any such instance of deposit or withdrawal during the last two months. (ii) Unusu al transfer of amount by RTGS from one bank account to the accounts of s everal persons in a district/constituency during the election process without any precedent of such transfer. (iii) Any deposit of cash or withdrawal of cash exceeding Rs. 1 lakh from bank account of candidates or spouse or his dependants, as mentioned in the affidavit filed by candidates which is available in CEO’s website. (iv) Any withdrawal of cash and deposit of cash exceeding Rs. 1 lakh in the account of the political party during the election process. (v) Any other suspicious cash transactions, which might be used for bribing the electors.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D12.txt Commission’s letter No. 61/Complaints/AP -LS/2012/EEPS, dated 19th July, 2012 regarding collection of information from banks regarding suspicious transactions during electioneering under Article 324 of the Constitution 2. The above information shall be processed by the DEOs and wherever it is suspected that the cash may be used for bribing of electors, then Flying Squad may be asked to take 183 necessary action, after due verification. How ever, if the amount of cash deposit or withdrawal is more than Rs.10 lakh, then such information shall be passed on to the Nodal Officer of the Income Tax Department, for taking necessary action under the Income Tax laws. Yours faithfully, Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to: Shri K Ramakrishnan, Chief Executive, Indian Banks Asso ciation World Trade Centre Complex, Centre 1, 6th Floor, Cuffee Parade, Mumbai-400005, with request to inform all banks for compliance during election process. Sd/- (AVINASH KUMA R) UNDER SECRETA RY 184Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections Annexure - D13 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No.76/Instructions/EEPS/2013/Vol. VIII Dated: 14th November, 2013 To 1. The Chief Electoral Officer Madhya Pradesh Bhopal 2. The Chief Electoral Officer Rajasthan Jaipur Subject: Prevention of Storage and Illegal Distribution of Liquor during elections - Instructions to DEOs for Daily Report of liquor Sale - matter reg. Sir, I am directed to draw your attention to the instructions of the Election Commissi on of India regarding Production, Storage and Distribution of Liquor during Election (ECI Compendium of Instructions on Election Expenditure Monitoring, July 2013 section 5.10.6, page 28). I am further directed to inform that preventing illegal liquor dist ribution during the election is one of the very important responsibilities of the Collector & District Election Officer and the Superintendent of Police. Observers of the Election Commission are also expected to monitor such activities. 2. In this regard d etailed instructions have been issued from time to time and list of IMFL shops are be made available to the DEOs where there had been suspicious increase in sale of IMFL. The DEOs are also aware that all the excise units of the districts, namely - Distiller ies, Bottling Units, Liquor Warehouses have been brought under continuous surveillance of the officials concerned. In important units, officers and armed forces are to be posted round -the- clock. Moreover, almost in all districts, available officials are to be given the special responsibility of monitoring liquor flow during the elections. Some of the officials will have to be deployed on the border check p ost to prevent cross -border liquor movement during the elections.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections 3. Though, these steps have resulted in significant tightening of excise machinery in the State, yet the situation needs further improvement at district level. The retail outlets of liquor are 185 turning out to be highly vulnerable from liquor distribution point of view. All District Collectors and Superintendent of Police need to work on this in a more focused and systematic way. 4. The Commission has been receiving following complaints: A. St orage of cheaper brands of IMFL and country liquor in local slums, shanty towns and remote rural pocket s for distribution prior to election. This storage is happening with help from the retail shops which are selling liquor in bulk to individuals, in contravention of State Excise Act and General and Special License Conditions. B. Stock registers are not bei ng maintained in some of the shops. It has been reported that some shops, even though maintain the stock register, they do not maintain brand -wise stock register. This creates serious problems in monitoring the daily sales and makes physical stock verifica tion of the shops almost impossible. C. Coupons are being issued by the candidates, which are convertible into liquor bottles at the shops. This is violation of conditions of State Excise Act/Rules, which prohibits sales in any form other than cash.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections 5. In view of the above, I am directed to request for compliance the following instructions: - I. Daily Monitoring of liquor sales: - Each district has, on an average 25 liquor retail shops. The district Collectors must ensure to get daily report of the shops w here there has been significant increase in the sales. A good way of doing that will be to take the average daily sale of October 2013 for each of your liquor retail shop and compare daily sales figure with the October average. Wherever the sales figure ex ceed by 30% or more, it points to a possibility of bulk sale. These need to be investigated and severe action must be taken against the shop which may in clude even cancellation of the license. For this a prescribed form for reporting is enclosed in Annexur e-1. The District Collector is expected to get this report from the District Excise Officer/Assistant Commissioner and after taking suitable action send the report to the Election Commission (CEO) along with his remarks, in the format prescribed in Annexu re-2. II. Ensuring maintenance of stock register: - It has been found during surprise inspections that some of the shops are not maintaining the stock register at all, or are maintaining it without following the prescribed format. This is done with a view to hide bulk sale information and to make stock verification very cumbersome. 186 District Collectors with the help of the District Excise Officer/Assistant Commissioner must ensure proper maintenance of brand -wise stock register in all shops. III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections III. Use of t okens or coupons for sale of liquor: - Newspapers have been reporting that candidates are resorting to distribution to distribution of coupons/tokens, whi ch can be exchanged for liquor bottles at the liquor shop. This as pointed out earlier is a violation o f General License Conditions of State Excise Act. Collectors are expected to take action against such shops. IV. Listing and close monitoring of sensitive liquor shops: - Classify the liquor shops in your district as sensitive based on the following crite ria:- A. Those shops which, on 01.11.2013, have liquor stock which is 50% or more than the liquor stock on 01.11.2012. The list of such IMFL shops has a lready been communicated. However, you need repeat this exercise for Country Liquor shops in your distr ict. B. Shops, which are located in a slum or are located in close proximity of a slum. C. Shops located away from main roads and located in interior rural pockets. D. Shops which show more than 30% increase in sales on any day in November as compared with their average daily sales of October, 2013. These shops must be monitored and their brand -wise stock register checked on daily basis. V. Prevention of liquor storage for distribution in election: Slum areas, shanty towns, camps (if any) in urban areas and remote or poorly accessible habitations in rural areas are potential storage points for illegal liquor. District Collectors with the Excise Officials are expected to identify such locations and conduct frequent police patrolling and raids in such loca tions.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections 6. In the light of all the above instructions, I am directed to request you to issue suitable instructions to the Collectors & District Election Officers to give a daily report in the format prescribed in Annexure -2 to the Special Secretary Excise (CEO) , State Government, who will send a compiled report for the entire state to the Commission. 7. These instructions may be brought to the notice of all DEOs, SPs, all Observers and officers of Excise Deptt. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 187 Copy forwarded for necessary action to: 1. Shri D.R. Johari, Addl. Excise Commissioner and Nodal Officer on Ex cise, C -100/50 Shivaji Nagar, Bhopal, Madhya Pradesh (By Camp Bag/Speed Post/email) 2. Shri Jitender Kumar Updhayay, RAS, Addl. Excise Commissioner (Adm) Zone, Udaipur, Rajasthan(By Camp Bag/Speed Post/e -mail) Below Annexure 1 Daily Report from District Excise Officer to Collector for Liquor Monitoring (Only those shops, which have 30% or more increase in sales ove r average ---------- date----------- month ---------- year daily need to be reported.) Name of the District: Date: S.No. Name and address of the shop Average daily sales of ---date- ------ month ---- --year (in Bulk Litre) Yeste rday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action taken 188 Below Annexure 2 Daily Report from Collector and DEO to CEO for Liquor Monitoring Name of the District: Date: 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district:Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D13.txt Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections 1. No. of IMFL shops in the district: 2. No. of Country Liquor shops in the district: 3. Brand -wise stock reg ister maintained in all shops: (yes/no) (Please mention action taken against those s hops where a violation is found and mention if the proper brand -wise stock registers is maintained since) 4. List of sensitive liquor retail shops in the district: (Please enclose the list with complete address and licensee name and reason for classifying it as sensitive) S. No. Name and address of the shop Licensee Name Reason for classifying it as sensitive Steps taken for close monitoring 5. Ac tion taken against any liquor shops for any violations: (Specify the action and penalty levied, if any) S. No. Name and address of the shop Licensee Name Violation Detected Action Taken Violation rectified or not 6.List of possible illegal liquor storage locations in the district: S. No. Name of the location Name of the mohalla/village Reason fo r being a potential storage area Preventive or corrective step taken 189 7.Daily liquor sale monitoring report (Only for shops having over 30% incre ase in sale as compared with average daily sale of --------- date---------- month ---------- year ): - S. No . Name and address of the shop Average daily sales of -------- date------ month ----- ----year (in Bulk Liter) Yesterday’s sale (in Bulk Liter) Percentage increase in sales (%) Reasons for increase Action takenCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning Annexure -D14 ELECTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi – 11000 1 No. 491/SM/2013 /Communication Dated: 25th October 2013 To 1. Chief Electoral Officers of all States and Union TerritoriesCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning 2. Presidents/General Secretaries of All National/State recognized Political Parties. Sub: Instructions of the Commission with respect to use of Social Media in Election Campaigning. Sir, The Commission’s attention was drawn to use of social media for election campa igning and also certain violations of the Electoral Law in the social media, which need to be regulated in the interest of transparency and level playing field in the elections. Social media refers to the means of interactions among people in which they create, share, and/or exchange information and ideas in virtual communities and networks. It differentiates from traditional/industrial media in many aspects such as quality, reach, frequency, usability, immediacy, and permanence. The prevalence of Web and social media has increased over the years and there have been demands from the political and social groups to regulate the social media during elections as other media is regulated. There are broadly five different types of social media: a) collaborative projects (for example, Wikipedia) b) blogs and micro blogs (for example, Twitter) c) content communities (for example, You Tube) d) social networking sites (for example, Face book) e) virtual game-worlds (e.g., Apps) Legal provisions relating to election campa igning apply to social media in the same manner in which they apply to any other form of election campa igning using any other media. Since social media is a relatively new form of media, it appears necessary to clarify to all concerned by the following instructions:- A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this FormCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning A. Information to be given by candidates about their social media acco unts. Candidates are required to file affidavits in Form-26 at the time of filing of nominations. Detailed instructions and the format in which the affidavits have to be filled were issued vide the Commission’s letter No. 3/4/2012/SDR dated 24, August, 2012. Para 3 of this Form 191 requires that email ID of the candidate, if any, should be communicated to the Commission in this Form. The Commission finds it necessary that authentic social media accounts of candidates should also be informed to the Commission. This information should be furnished in the said Para 3 as follows:- “My contact telephone no.(s) is/are…… …………… ., my email ID (if any) is ……… ……… ., and my social media accounts (if any) are……… ………… ……… ..” B. Pre-Certification of Political Adverti sements In pursuance of the Hon’ble Supreme Court of India’s Order in SLP (Civil) N.6679/2004, dated 13 April,2004, the Commission issued detailed instructions on this subject vide its order no. 509/75 /2004/J S-1/4572 dated 15.04.2004. In this order, it was stated that every registered/national and State political pa rty and every contesting candidate proposing to issue advertisements on television channels and/ or on cable network will have to apply to Election Commission of India/designated officer for pre-certification of all political advertisements on electronic media before the publication. The order was further modified and consolidated vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning vide Commission’s order dated 27.08.2012, wherein Media Certification and Monitoring Committees at district and State levels were given the responsibilities of pre-certification of such advertisement along with other functions viz. acting against Paid News etc. Since social media websites are also electronic media by definition, therefore, these instructions of the Commission contained in its order No.509/75/2 004/JS-1/4572 dated 15.04.2004 shall also apply mutatis mutandis to websites including social media websites and shall fall under the purview of pre-certification. You are, therefore, requested to ensure that no political advertisements are released to any internet based media/websites, including social media websites, by political pa rties/candidates without pre-certification from competent authorities in the same format a nd following the same procedures as referred in the aforesaid orders. C. Expenditure on campaigning through internet including social media websites. According to Section 77, sub section (1), of Representation of the People Act,1951, every candidate is required to keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between the date on which he has filed nomination and the date of declaration of the result thereof, both dates inclusive. The Hon’ble Supreme Court of India had directed in Common Cause Vs. Union of India in 2005 that political parties should also submit a statement of expenditure of elections to the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and politicalCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning the ECI and such statements are required to be submitted within 75 days of assembly elections and 90 days of Lok Sabha elections. It is obvious that expenditure on election campa ign through any advertisement in social media is a part of all expenditure in connection with the elections. For the sake of removing any ambiguity, it is hereby directed that candidates and political parties shall include all expenditure on campa igning, including expenditure on advertisements on social media, both for maintaining a correct account of expenditure and for submitting the statement of expenditure. This, am ong other things, shall include payments ma de to internet companies and websites for carrying advertisements and also campa ign related operational expenditure on making of creative development of content, operational 192 expenditure on salaries and wages paid to the team of workers employed by such candidates and political parties to maintain their social media accounts, etc. D. Application of Model Code of Conduct to content on internet including social media. The Commission has a model code of conduct in place during the elections in respect of political parties and candidates which remains in force from the date the elections are announced by the Commission till the completion of elections. It is clarified that the provisions of model code of conduct and related instructions of the Commission issued from time to time shall also apply to the content being posted on the internet, including social media websites, by candidates and political parties. E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D14.txt Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of Social Media in Election Campaigning E. As far as the content posted by persons other than candidates and political parties is concerned, the Commission is considering the matter in consultation with the Ministry of Communication and Information Technology on practical ways to deal with the issue, in so far as they relate to, or can be reasonably connected with, the election campaigning of political parties and candidates. These instructions may please be brought to the notice of all concerned including candidates, political pa rties, media and election observers for immediate necessary action. Yours faithfully, Sd/- (Rahul Sharma) (Under Secretary) Tel. 011-23052070 Email: rahulsharma.eci@gmail.com 193Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D15.txt Commission’s letter No. 76/Instruction s/2012/EEPS/Vol. I, dated 22nd January, 2014 regarding accounting of expenditure on persons travelling with the leader of the Political Party (Star campaigner) like medical attendant, security guard, media representative, etc. Annexure - D15 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 File No. 76/Instructions/2012/EEPS/Vol. I Dated: 22nd January 2014 To The Chief Electoral Officers of all States & UTs Subject: Clarification regarding expenditure incurred by leaders of political party (Star - Campaigners) ------- under explanation 1 to section 77 (1) of R.P. Act, 1951 ------ matter regarding. Sir/Madam, In supersession of the Commission’s letter of e ven no. dated 18th April, 2013, letter nos, 76/2009/SDR, dated 31st March,2009 and 20th August, 2009 and para (iii) of letter No. 437/6/INST/2008, dated 31-10-2008 and para 3 of letter No. 76/Instructions/2012/EEPS, dated 20-01-2012 (copies enclosed), on t he subject cited, I am directed to clarify as under: - (a) If any attendant including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star -campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that the sai d member of political party or media person or attendant sharing the transport with the leader (star campaigner) do not play any role in election campaign for any candidate in any manner. However, if any such person(s) sharing the transport with the leade r plays any role in election campaign for the candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D15.txt Commission’s letter No. 76/Instruction s/2012/EEPS/Vol. I, dated 22nd January, 2014 regarding accounting of expenditure on persons travelling with the leader of the Political Party (Star campaigner) like medical attendant, security guard, media representative, etc. candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopt er, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s). (b) T he names of leaders of the political party (star campaigners), as defined in Explanation 2 of section 77 (1) of the R. P. Act, 1951 are to be communicated to the Election Commission of 194 India and the Chief Electoral Officer of the State by the political par ty, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P. Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Officer of the State concerned. (c) If the leader (star campaigner) is a part of any rally, organised outside his constituency, he is entitled to the exemption provided under Explanation 1 of section 77(1) o f the R. P. Act,Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D15.txt Commission’s letter No. 76/Instruction s/2012/EEPS/Vol. I, dated 22nd January, 2014 regarding accounting of expenditure on persons travelling with the leader of the Political Party (Star campaigner) like medical attendant, security guard, media representative, etc. 1951.However, if the leader (star campaigner) is also contesting election in any constituency, then he is not entitled to any benefit u/ s 77 of the said Act, for the travel expenses incurred within his own constituency and the expenses on meeting or rally organised by him in his constituency including the travel expenses are to be added to his account of election expenditure. (d) If the rally /meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candidates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidat es. However, if, he (star campaigner) is taking part in a rally/ meeting, along with other contesting c andidates of his party outside his constituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/meeting expense, organ ised outside his constituency shall be added to the election expense of the leader (star campaigner). This may be brought to the notice of all concerned including all political parties in the state. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 195Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D16.txt Commission’s letter No. 76/Instructions/2014/EEPS/Vol.VII, dated 9th April, 2014 instruction regarding expenditure on Security cover to Minister/Candidates Annexure -D16 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS Vol.VII Dated: 9th April, 2014 To The Chief Electoral Officers of all States/Union Territories Subject: General Election to the Lok Sabha, 2014 -Expenditure on Security cover to Ministers/Candidates -Instructions regarding. Ref.: (i) Commission ’s letter No. 437/6/96 -PLN -III dated 09.04.1996 ; (ii) Commission’s letter No. 437/6/2007/PLN.III dated 24.10.2007; (iii) Commission’s letter No. 464/INST/2009/EPS dated 08.02.2009; (iv) Commission’s letter No. 437/INST/2009/CC&BE dated 25.03.2009. Sir/Madam, The Commission has in the past, issued various instructions from time to time regar ding the accounting of the cost which will be incurred on the security to be provided to the Ministers/Star Campaigners/Candidates, as per their security entitlement.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D16.txt Commission’s letter No. 76/Instructions/2014/EEPS/Vol.VII, dated 9th April, 2014 instruction regarding expenditure on Security cover to Minister/Candidates 2. The Commission has received a reference from the CEO, Uttarakhand seeking clarificatio n as to whether the cost incurred on the security vehicle and guards will be paid by the candidates or by the State Government. For removing confusion and for convenience of all concerned, the issue relating to expenditure on security person/security vehic les are hereby collated and reiterated for observance during the period when the Model Code of Conduct is in force: (i) Under the directives of the Gover nment of India, the persons provided with ‘Z+’ (Z plus) security cover are permitted the use of State -owned one bullet proof vehicles for the particular person. Such persons, whether they are holding office or out of it, and whether they are candidates or not, shall be permitted the use of the said State -owned bullet proof vehicles during the election perio d covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand -by should not be permitted unless so specifically prescribed by security authorities in any particular case. The cost of 196 propulsion of such vehicles should be borne b y the person concerned when it is used for non-official purposes during such period. (ii) In case of the visiting political functionaries, who are ‘star campaigners’ sponsored by political parties in pursuance of Explanation of the Section 77 of the R. P. Act, 1951, the expenditure in this regard, will be accounted for in the party’s account. If the star campaigner is a candidate, the propulsion cost of ve hicle in the constituency shall be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D16.txt Commission’s letter No. 76/Instructions/2014/EEPS/Vol.VII, dated 9th April, 2014 instruction regarding expenditure on Security cover to Minister/Candidates be accounted for in his election expenditure account. (iii) If the par ty functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account. (iv) The number of vehicles to ac company the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall n ot exceed them under any circumstances. The cost of propulsion of all such pilot/escorts vehicles, whet her owned by Government or hired vehicles, will be met by the State Government. No recovery need be made also on the cost of the manpower provided.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D16.txt Commission’s letter No. 76/Instructions/2014/EEPS/Vol.VII, dated 9th April, 2014 instruction regarding expenditure on Security cover to Minister/Candidates 3. These instructions may be brought to the notice of all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY 197Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D17.txt Commission’s letter No. 76 /Instructions/2014/EEPS/Vol. I, dated 9th May, 2014 instruction regarding travel by the candidate/Star Campaigner after poll and before declaration of result Annexure -D17 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 76/Instructions/2014/EEPS/Vol.I Dated: 9th May, 2014 To The Chief Electoral Officer All States/UTs Subject: Travel by the candidate/Star Campaigner after poll and before declaration of result - matter reg. Sir, Instances have been reported that many contesting candidates, including the Star Campaigners of the political parties, use Aircrafts/Helicopters after the date of poll for official or non -official purpose and clarifications have been sought regarding accounting of such expenditure on travel. In t he subject matter, I am directed to clarify as under: (i) The expenses after the poll and before the decla ration of result, which can be said to be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. (ii) Therefore, the expenses on travel of a Star Campaigner or a candidate a fter the date of poll, which are not connected with election shall not be added to any candidate’s account. If the Star Campaigner/Candidate visits the c onstituency, where he or she has contested the election, the travel expenses within the constituency fo r overseeing the counting arrangement before, or on, the date of counting shall be added to his or her account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency after the poll, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of assembly election or 90 days of Lok Sabha election . 2. In this regard, you are hereby requested to inform all the District Election Officers, Expenditur e Observers, Candidates and the Political Parties in the State. Yours faithfully, Sd/- (Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D18.txt Commission’s letter No. 61/Complaints/2014/EEPS/Vol.VI, dated 9th June, 2014 regarding accounting of parking charges of aircraft/helicopter Annexure -D18 ELCTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI –110001 No. 61/Complaints/2014/EEPS Vol.VI Dated: 9th June, 2014 To The Chief Electoral Officer of All States/UTs Subject: General Elections to the Lok Sabha -2014 -Accounting of parking charges of aircraft/helicopter -Regarding Sir, The Commission has receive d queries regarding accounting of parking charges being reported by the candidates/party during electioneering. In the subject matter, I am directed to clarify that the parking charges of aircraft/helicopter shall be calculated as under: - 1. In aviation se ctor, parking charges of aircraft (day/night) are levied on aircraft/helicopter operators as per rates determined by Airport Authority of India or by Pri vate airport operator at respective airport. Therefore, the amount for calculation of expenditure of th e candidate shall be charged as per actual amount paid or payable at such airports. At places other than commercial airport, the parking charges should be as per actual amount paid by the operator or candidate. 2. Therefore, the parking charges at commerci al airports should be obtained from the airport authority of India or the private airport operator for calculation of parking charges of any aircraft. For parking at other places, the actual charges paid by the operator or candidate for parking of aircraft shall be taken into account. 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D18.txt Commission’s letter No. 61/Complaints/2014/EEPS/Vol.VI, dated 9th June, 2014 regarding accounting of parking charges of aircraft/helicopter 3. Any dispute on accounting of expenditure shall be dealt with Commission’s instruction No. 76/Instructions/EEPS/2013/Vol. I, dated 14.03.2013. (enclosed 3 pages) 4. You are requested to bring into the notice of all includi ng the Expenditure Observers deployed during currently concluded Lok Sabha Election, 2014 & State Legislative Assemblies Election from Andhra Pradesh, Od isha, Sikkim, Arunachal Pradesh, 2014 and some other Bye - elections. Yours faithfully, Sd/- ( Avinash Kumar) Under SecretaryCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure_D19.txt _ Annexure –D19 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 29th May, 2015 To The Chief Electoral Officers of All States and UTs Subject: Permission of vehicles to the contesting candidates and incurring the expenditure in the accounts of electio ns expenses - regarding. Madam/Sir, I am directed to invite your attention to the Commission’s letter N o. 437/6/2007 - PLN -III(Vol -III), dated 16th March, 2007 and to say that each candidate is given permission by the Returning Officer for use of vehicles for campaign purpose during elections. It has come to the notice of the Commission that some candidates take permission for use of campaign vehicles and do not show the expenditure incurred on hiring/propelling of the vehicles in the accounts of their elec tion expenditure. Such vehicles are often used by others during the election process.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure_D19.txt _ 2. Therefore, I am directed to inform that if the candidate, after obtaining permission from the Returning Officer, does not intend to use the campaign vehicle(s), for any period of more than two days, he/she shall intimate to the Returning Officer, to withdraw the permis sion for such vehicle(s). If the candidate, after obtaining permission does not intimate the R.O., to withdraw the permission of such campaign vehicles, it will be presumed that the candidate has used the permitted vehicles for campaign purpose and accordi ngly, the expenditure as per the notified rates on use of such vehicles shall be added to his/ her accounts of election expenses. The details of all such vehicle, permissions and withdrawal requests shall be given to the Accounting Team by the R.O. for acc ounting the expenditure of such candidates. 3 This may be brought to the notice of all the political parties, candidates and their agents, officials conc erned and Expenditure Observers. 4 Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. Rudola) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D20.txt Commission’s letter No. 76/2016/SDR, dated: 30th April, 2016 regarding travel expenses on visits to foreign countries for purposes of canvassing Annexure -D20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/2016/SDR Dated: 30th April, 2016 To The Pres idents/General Secretaries of All recognized and registered unrecognized Political Parties Subject: -Election expenses of candidates and political par ties- travel expenses on visits to foreign countries for purposes of canvassing -regarding. Sir, I am directed to say that as per section 20A of the Representation of the People Act, 1951 inserted by the Representation of People (Amendment) Act, 2010, Indian citizens absenting from their place of ordinary residence in India owing to their employment, educ ation or otherwise outside India (whether temporarily or not) are entitled to have their names registered in the electoral rolls in the constituencies in which their place of residence in India as mentioned in their passports is located. The Indian citizen s so registered as electors in India (called under the Registration of Electors Rules 1960 as ‘overseas electors’) are entitled to vote in their respective native constituencies in India if they happen to be present in their native places on the day of pol l in the constituency in which they are registered as such overseas electors. Pursuant to the above provisions of law, a large number of Indian citizens living abroad have got their names enrolled in the electoral rolls in different parts of the country fo r the purposes of elections to the House of People and State Legislative Assemblies.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D20.txt Commission’s letter No. 76/2016/SDR, dated: 30th April, 2016 regarding travel expenses on visits to foreign countries for purposes of canvassing 2. It has been brought to the notice of the Commission that in connection with the current round of general elections to the Legislative Assemblies of Kerala, Puducherry , Tamil Nadu & West Bengal and several bye -elections being currently held in some of the States, some candidates are travelling from India to overseas co untries for the purposes of canvassing in their favour to seek votes of the overseas electors residing in those countries. In this context, the Commission would like to clarify that though seeking votes of oversees electors by going abroad by the candidates or their agents or party leaders is not prohibited under the law, all expenditure incurred by those c andidates, their agents or party leaders on their travel, boarding, lodging etc., in those countries would be deemed to be the expenditure incurred or au thorized by the 201 candidates in connection with their election. Thus, all such expenditure would come wit hin the meaning of section 77(1) of the Representation of the People Act, 1951 and will have to be included by the candidates concerned in their accounts of election expenses which are subject to the limits prescribed by Rule 90 of the Conduct of Elections Rules 1961.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D20.txt Commission’s letter No. 76/2016/SDR, dated: 30th April, 2016 regarding travel expenses on visits to foreign countries for purposes of canvassing 3. The Commission would, however, like to further clarify that any inducement to overseas electors by way of Air tickets or any other allur ements to them, in cash or kind, to come to India for the purpose of voting at the aforesaid elections would amount to the electoral offence of ‘bribery’ within the meaning of section 171B of the Indian Penal Code, as also the corrupt practice of ‘bribery’ within the meaning of section 123(1) of the Representation of the People Act, 1951. Needless to add th at the commission of the above mentioned electoral offence and corrupt practice of bribery would invite penal action against them under the relevant pro visions of law. Further, any other person or organization offering to bear the travel expenses of overs eas electors to India in connection with the voting in the above elections, or any other such allurements to them to seek their votes, with the consent of the candidate or his election agent, would also attract the same penal action against them. 4. You a re, therefore, requested to inform all the candidates set up by your party of the above provisions or law for their information, guidance and compliance. 5. The above clarifications of law by the Commission will equally apply in relation to all elections to the House of the People and State Legislative Assemblies in future. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (K. F. WILFRED) PRINCIPAL SECRETARY Copy to Chief Electoral Officers of all States and UTs for information and necessary action. It is requested that copy of this letter may be given to all political parties based in the State/UT.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D21.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol . XX, dated 18th April, 2019 regarding Social Media platforms for tracking expenditure on advertisements/transparency reports Annexure -D21 ELECTION COMMISSION OF INDIA Nirvac han Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XX Dated: 18th April, 2019 To The Chief Electoral Officers, All States and UTs. Subject: -General Election to Lok Sabha and Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim, 2019 -Social Media platforms for tracking expenditure on advertisements/transparency reports -Reg. Madam/Sir, I am directed to refer to Commission’s letter no. 491/SM/2013/Communication, dated 25th October, 2013 [Annexure D14 in “Compendium of Instructions on Election Expenditure Monitoring (Feb ruary, 2019)] and to state that Google, Facebook and Twitter are facilitating transparency in paid political advertisement by displaying “Ad Transparency Reports” on their platforms showing the payments made by different political parties for their politic al campaigns on these platforms, at the following links: - (i) https://transparencyreport.google.com (ii) https://www.facebook.com/ads/library/ report/?Source= archive -landing - page&country=IN (iii)https://ads.twitter.com/transparency 2. You are requested to bring it to the notice of all DEOs, ROs, Expenditure Observers and Election Expenditure Monit oring Teams for necessary action. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D22.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII, dated 19th May, 2019 clarification regarding accounting of expenditure incurred on helipad construction and parking charges Annexure -D22 ELECTION COMMISSION OF INDIA Nirvachan Sadan Asho ka Road New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII Da ted:19th May, 2019 To The Chief Electoral Officers of All States and UTs. Subject: -General Election to Lok Sabha, 2019 -Accounting of expenditure incurred on helipad construction and parking charges - Clarification -Regardi ng. Madam/Sir, It is seen that helicopters are being used in large numbers for the purpose of campaigning by political parties and candidates. A clarification has been sought regardin g expenditure associated with construction of helipads. In this regard, I am directed to clarify that e xpenditure incurred on construction of helipads including expenses related to helipad site development and removal of dismantled material and parking charges of helicopter borne by political party in connection with travel of its leaders, as per Explanatio n 1 of Section 77 of the R. P. Act, 1951 (popularly known as “Star Campaigners”), irrespective of their security entitlement, shall be booked in the acco unt of election expenses of the political party concerned and not in the account of election expenses o f the candidate(s). 2. A star campaigner who is also a candidate, shall account for expenses on hiring of helicopter, preparation of helipad etc. for campaigning within his own constituency. However, the travel expenses incurred for travel out of hi s own constituency for campaigning in other constituencies and to come back to his/her constituency are not to be booked to his/her account. (ECI letter no. 437/6/1/2008 -CC&BE, dated 24.10.2008 copy enclosed).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D22.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII, dated 19th May, 2019 clarification regarding accounting of expenditure incurred on helipad construction and parking charges 4. You are requested to kindly bring the clar ification to the notice of all DEOs, ROs, Expenditure Observers and other election authorities for necessary compliance. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY 204Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Annexure -E2 PART – I : ABSTRACT STA TEMENT OF ELECTION EXPENSES I Name of the Candidate Sh./Smt./ Km. II Number and name of Constituency III Name of State/Union Territory IV Nature of Election (Please mention whether General Election to State Assembly / Lok Sabha / Bye - election) V Date of declaration of result VI Name and Address of the Election Agent VII If candidate is set up by a political party, Please mention the name of the politica l party VIII Whether the party is a recognised political party Yes/No Date: Signature of the Candidate Place: Name: PART -II : ABSTRACT OF STATEMENT OF ELECTION EXPENDITURE OF CANDIDATE S. No. Particulars Amt. Incurred / Auth. by Candidate/ Election agent(in Rs.) Amt. Incurred/ authorized by Pol. Party (in Rs.) Amt. Incurred / authorized by others (in Rs.) Total Election expenditure (3)+(4)+(5) 1 2 3 4 5 6 I Expenses in public meeting, rally, procession etc.: - I. a : Expenses in public meeting, rally, procession etc. (ie: oth er than the ones with Star Campaigners of the Political party (Enclose as per Schedule -1) I. b : Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) (ie: other than those for general party propaganda) (Enclose as per Schedule -2) II Campaign materials other than those used in the public meeting, rally, procession etc. mentioned in S.No. I above(Enclose as per Schedule -3) III (a) Campaign, through print and electronic media 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring theCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses 223 including cable network, bulk SMS or internet and Social media in privately owned newspapers/TV/radio channels etc. (Enclose as per Schedule -4) (b) Campaign, through print and electronic media including cable network, bulk SMS or internet and Social media in newspapers/TV/radio channe ls etc. owned by the candidate or by the political party sponsoring the candidate (Enclose as per Schedule -4A) IV Expenditure on campaign vehicle(s), used by candidate(Enclose as per schedule -5) V Expenses of campaign workers / agents (Enclose a s per Schedule –6) VI Any other campaign expenditure VII Expenses incurred on publishing of declaration regarding criminal cases (Enclose as per Schedule -10) VIII VIII Expenses incurred on Virtual Campaign (Enclose as per Schedule 11) Grand Total PART III : ABSTRACT OF SOURCE OF FUNDS RAISED BY CANDIDATE S No Particulars Amount (in Rs.) 1 2 3 I Amount of own fund used for the election campaign (Enclose as per Schedule - 7) II Lump sum am ount received from the party (ies) in cash or cheque etc. (Enclose as per Schedule -8) III Lump sum amount received from any person/ company/ firm/ associations / body of persons etc. as loan, gift or donation etc. (Enclose as per Schedule -9) Total 224 PART - IV FORM OF AFFIDAVIT Before the District Election Officer ..................... .................(District, State/Union Territory) Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : -Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Affidavit of Shri/Smt/Ms .......... .....................................(S/o, W/o, D/o)…………………………....................... I .............................. son/wife/daughter of …………….…………..,............................. aged ………. years, r/o ......... ................... ….. do hereby solemnly and sincerely state and declare as under : - (1) That I was a contesting candidate at the general election/bye election to the House of the People / Legislative Assemb ly of …………………………………………….…….. from................................................. ……..……Parliamentary/ Assembly constituency, the result of which was declared on ……......................... (2) That I/my election agent kept a separate and correct account of all expenditure incurred / authorised by me / my e lection agent in connect ion with the above election between ……………… (the date on which I was nominated) and the date of declaration of the result thereof, both days inclusive. (3) That the s aid account was maintained in the Register furnished by the Returning Officer for the pu rpose and the said Register itself is annexed hereto with the supporting vouchers/bills mentioned in the said account. (4) That the account of my election expenditure as annexed hereto includes all items of election expenditure incurred or authorised by me or by my election agent, the political party which sponsored me, other associations / body of persons and other individuals supporting me, in connection with the elect ion, and nothing has been concealed or withheld/suppressed therefrom (other than the exp ense on travel of leaders' covered by Explanations 1 and 2 under section 77 (1) of the Representation of the People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an dCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses People Act, 1951). (5) That the Abstract Statement of Election Expenses annexed as Annexure II to the said account also includes all expenditure incurred or authorised by me, my election agent, the political party which sponsored me, other associations / body of persons an d other individuals supporting me, in conn ection with the election. (6) That the statements in the foregoing paragraphs (1) to (5) are true to the best of my knowledge and belief, that nothing is false and nothing material has been concealed. Deponent Solemnly affirmed/sworn by ………………….. at ………….this day of 201 ……..before me. (Signature and seal of the Attesting authority, i.e. Ma gistrate of the first Class or Oath Commission or Notary Public) 225 ACKNOWLEDGEMENT FORM To THE RETURNING OFFICER, ________________________ ________________________ ________________________ Sir, I acknowledge receipt of your letter No…………………………….dated…… ………………………. along with its enclosures containing, among other documents, a Register bearing serial No………….. for maintaining of my accounts of election expenses.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses 2. I have noted the requirements of law for maintenance of account of election expenses and lodging of true copy of that account with the District Election Officer / Returning Officer. Yours faithfully, (Signature of Candidate with date) * Strike o ff whichever is inapplicable. .......................................................... .................................................................................... ACKNOWLEDGEMENT (To be filled up by Office) The account of the election expenses in respect of ………………………….......(Constituency) result of which was declared on ……………………. (Date) has been filed by him /on his behalf on …………………... (Date) and has been received by me today the …………….. (Date) of …………………….(Month)……………………(Year). District______ ________________ District Election Officer Office Seal 226 Schedules - 1 to 11: Details of Elections Funds and Expenditure of Candidate Schedule - 1 Expenses in public meeting, rally, procession etc. (ie: other than those with Star Campaigners of the Political party) S. No Nature of Expenditure Total Amount in Rs. Source of Expenditure Amt. incurred / Auth. by Candidate / agent Amt. incurred / by Pol. Party with name Amt. incurred by others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses others 1 2 3 4 5 6 1 Vehicles for transporting visitors 2 Erecting Stage, Pandal & Furniture, Fixtures, poles etc. 3 Arches & Barricades etc. 4 Flowers/ garlands 5 Hiring Loud speakers, Microphone, amplifiers, comparers etc. 6 Posters, hand bills, pamp hlets, Banners, Cut-outs, hoardings 7 Beverages like tea, Water, cold drink, juice etc. 8 Digital TV –boards display, Projector display, tickers boards, 3D display 9 Expenses on celebrities, payment to musicians, other artists remuneration etc. 10 Illumination items like serial lights, boards etc. 11 Expenses on tran sport, Helicopter/ aircraft / vehicles/ boats etc. charges ( for self, celebrity or any other campaigner other than Star Campaigner) 12 Power consumption/ generato r charges 13 Rent for venue 14 Guards & security charges 15 Boarding & lo dging expenses of self, celebrity, party functionary or any other campaigner including Star Campaigner 16 Others expenses Total Schedule - 2 Expenditure in public meeting rally, procession etc. with the Star Campaigner(s) as apportioned t o candidate (ie: other than those for general party propaganda) S. No Date and Venue Name of the Star Campaigner(s) & Name of Party Amount of Expenditure on public meeting rally, procession etc. with the Star Campaigner(s) apportioned to the candidate (As other than for general party propaganda) in Rs. Remarks, if any 1 2 3 4 5 Source of Expenditure Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’sCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Amount by Candidate/Agent Amount by Political Party Amount by Others 227 1 2 3 4 Total Schedule -3 Details of expendi ture on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut -outs, gates & arches, video and audio cassettes, CDs/ DVDs, Loud speakers, ampli fiers, digital TV/ board display , 3 D display etc. for candidate’s election campaign ( ie: other than those covered in Schedule - 1 & 2) S. No. Nature of Expenses Total Amount in Rs. Sources of Expenditure Remarks, if any Amt. By candidate / agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 4 Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/ TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitte d by the candidate. The details should include the expenditure incurred on all such news items appearing in privately owned newspapers/TV/radio channels etc. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, social media etc.) Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid / payable, if any Total Amount in Rs. Sources of Expenditure Amt. By candidat e/ agent Amt. By Pol. Party Amt. By others 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, ownedCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Schedule -4A Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or Internet or social media, news items/TV/radio channel etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure inc urred on all such news items appearing in newspapers/TV/radio channels, owned by the can didate or by the political party sponsoring the candidate. S. No Nature of medium (electronic / print) and duration Name and address of media provider (print /electronic /SMS / voice/ cable TV, Name and address of agency, reporter, stringer, company or any person to whom charges / commission etc. paid/ Total Amount in Rs. Sources of Expenditure Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 228 social media etc.) payable, if any 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule -5 Details of expenditure on campaign vehicle (s) and poll expenditure on vehicle(s) for candidate’s election campaign S. No Regn. No. of Vehicle & Type of Vehicle Hiring Charges of vehicle No. of Days for which used Total am t. incurred/ auth. in Rs. Source of Expenditure Rate for Hiring of vehicle / maintenance Fuel charges (If not covered under hiring) Driver’s charges (If not covered under hiring) Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 8 1 2 3 4 Total Schedule - 6 Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By othersCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Details of expenditure on Campaign workers / agents and on candidates’ booths (kiosks) outside polling stations for distribu tion of voter’s slips S. No Date and Venue Expenses on Campaign workers Total amt. incurred/ auth. In Rs. Sources of Expenditure Nature of Expenses Rate No. of workers / agents No. of kiosks Amt. By candidate/ agent Amt. By Pol. Party Amt. By others 1 2 3a 3b 3c 4 5 6 7 1 Candidates’ booths (kiosks) set up for distribution of voter’s slips 2 Campaign workers honorarium/ salary etc. 3 Boarding 4 Lodging 229 5 Others Total Schedule - 7 Details of Amount of own fund used for the election campaign S. No. Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remark s 1 2 3 4 5 6 1 2 3 4 Total Schedule - 8 Details of Lump sum amount received from the party (ies) in cash or cheque or DD or by Account Transfer S. No. Name of the Political Party Date Cash DD/ Cheque no. etc. with details of drawee bank Total Amount in Rs. Remarks, if any 1 2 3 4 5 6 7 1 2 3 4 Total Schedule - 9 Details of Lump sum amount r eceived from any person/company/firm/associations/body of persons etc. as loan, gift or donation etc. S. No. Name and address Date Cash DD/ Cheque no. etc. with det ails of drawee bank Mention whether loan, gift or donation etc. Total Amount in Rs. Remarks 1 2 3 4 5 6 7 8 1 2 3 4 Total Schedule - 10 Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (inCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses Details of expenditure incurred on publishing criminal antecedents, if any in newspaper and TV Channel Sl. No. Newspaper Television Mode of payment (electronic/cheq ue/DD/Cash) (Pl. specify) 230 Name of Newspaper Date of publishing Expenses that may have been incurred (in Rs.) Name of channel Date & Time of insertion/teleca st Expens es that may have been incurred (in Rs.) 1 2 3 4 5 6 7 8 Total Schedule 11 Details of election expenses incurred on Virtual Campaign Sl. No. Nature of Virtual Campaign (Indicate Social Media Platforms/Apps/Other means) Name of content creator Name of media to disseminate message Total Amount in Rs. Sourc es of Expenditure Amount by candidate/a gent Amount by political party Amount by others 1 2 3 4 5 6 7 8 Note :Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E2.txt Abstract Statement of Election Expenses 1. In Schedule 5: - (a) copy of th e order containing list of all vehicles for which permit issued by the Returning Officer to be enclosed. (b) If the vehicle is owned by the candidate/his relative/agent are used for election purpose, notional cost of hire of all such vehicles, except one vehicle if owned and used by the candidate, notional cost of fuel and drivers salary f or such vehicle, shall be included in total amount of expenditure in the above table. 2. In all schedules if any expenditure on goods and services, provided by the Poli tical Party; or provided by any person/ company/ firm /associations/ body of persons et c. on behalf of the candidate, then the notional market value of such goods or services are to be indicated, in respective columns. 3. In Part –III, the Lump -sum amount of fund received from the political party or others or the candidate’s own funds, should be mentioned date wise. In all such cases such amounts are required to be first deposited in the bank account of the candidate, opened for election expenses. 4. Each page of the Abstract Statement should be signed by the candidate (Revised by the Com mission vide its letter no. 76/ Virtual Campaign /EEPS/20 22, dated 15th January, 2022 , placed at Annexure -F9) 231Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E4.txt Commission ’s Order No. 76/95/JS -II, dated 10th April, 1995 regarding language in which the accounts of election expenses may be filed by the contesting candidates Annexure -E4 Election Commission's order No. 76/95/J.S.II dated 10.04.199 5 ORDE R Subject: Language in which the accoun ts of election expenses may be filed by the contesting cand idates. 1. The question of language in which a contesting candidate can file the return of account of election expenses under section 78 of the Representation of the People Act, 1951 h as been examined by the Commission. 2. All statutory documents and forms under the election law are printed and made available in the local approved languages. Candidates and others are permitted to file miscellaneous petitions and representations in local languages. These documents are not rejected on grounds of their not being in English or Hindi. 3. It would be unjust to reject an election expen ses return lodged by a candidate on the ground of its not being in English or Hindi in view of the fact that the cand idates who are not well versed in these languages will feel deprived. If mistakes are found in returns of electi on expenses the same may be ascribed to lack of knowledge of English or Hindi. 4. Apart from the manda tory provision that all statutory documents and forms shall be prepared in local approved languages, the Commission also directs the Chief Electoral Officers in its various important orders and directions to get them translated into local languages if those orders or directions are meant for wide publicity and circulation among the politica l parties, candidates and public in the State.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E4.txt Commission ’s Order No. 76/95/JS -II, dated 10th April, 1995 regarding language in which the accounts of election expenses may be filed by the contesting candidates 5. Thus, in fairness to the contesting candidates at elections to the House of the People and the State Legislative Assemblies from differe nt States and Union Territories, they will be permitted to file returns of election expenses in English, Hindi or the local language(s) in which the electoral rolls are printed. It shall be responsibility of the Chief Electoral Officers, District Election Officers and Returning Officers to ensure that all the contesting cand idates get the forms/registers/extracts of rules relating to lodging of returns of accou nts of election expenses in the approved regional language for electoral rolls so that no candidate may complain that he is not aware of the statutory requirements relating to filing the returns of election expenses and he is able to maintain his account from day to day properly and accordingly. 233Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure_E7.txt _ Annexure –E7 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.76/Instructions/2013/EEPS/Vol. IV Dated:15th October, 2013 To The Chief Electoral Officers of all States and UTs Sub: Opening of separate bank account for election expenditure by the candidates – matter reg. Sir/Madam, I am directed to state that the superintendence, direction and control of all elections to Parliament and the Legislature of every State is vested in the Electio n Commission under Article 324 of the Constitution. Reports are received that the candidates are spending excessive amount in election campaign, which disturbs the level playing field and are not showing correct expenses in the day to day accounts of their election expenses. Therefore, for maintaining the purity of election process, facilitating maintenance of correct accounts of election expenses by the candidates and a lso for their proper monitoring, the Election Commission of India hereby issues the foll owing instructions: (i) In order to facilitate monitoring of election expenditure, each candidate is required to open a separate bank account exclusively for the purpose of election expenditure. This account can be opened any time only for the purpo se of election, not later than one day before the date on which the candidate files his nomination papers. The Account Number of this bank account shall be communicated by t he candidate in writing to the Returning Officer (RO) of the constituency at the time of filing of his nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The saidCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure_E7.txt _ nomination. Wherever the candidate has not opened the bank account or not intimated the bank account number, the RO shall issue a notice to each such candidate to comply with the Commission’s instructions. (ii) The bank account can be opene d either in the name of the candidate or in the joint name with his election agent for the purpose of election expenditure. The said bank account should not be opened i n the joint name with any family member of the candidate or any other person, if he/she is not the election agent of the candidate. 237 (iii) The bank account can be opened anywhere in the state. The accounts can also be opened in any of the banks including the co -operative banks or in the post offices. The existing bank account of the candida te should not be used for this purpose as it has to be a separate bank account for election purpose. (iv) All election expenditure shall be made by the candidate, only from this bank account. All expenses to be incurred by the candidate on electioneering shall be deposited in this bank account, irrespective of its source of funding including candidate’s own fund. A self -certified copy of the statement of this bank account shall be submitted by the candidate to the DEO along with the statement of the accou nt of election expenditure as required to be filed within a period of 30 days from the date of declaration of results. (v) The candidate(s) shall incur his/her electi on expenses by crossed account payee cheque, or draft or by RTGS/NEFT from the bank acco unt opened for election purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for electionCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure_E7.txt _ purpose. However, if the amount payable by the candidate(s) to any person/entity, for any item of expenditure, does not exceed Rs. 20,000/ -* during the entire process of election, then such expenditure can be incurred in cash, by w ithdrawing it from the said bank account. (vi) The candidate(s)is required to deposit the entire amount meant for election expenses in the said bank account and all their election expenses are to be incurred only from the said account. (vii) The cand idate(s)is also required to ensure that neither their agents and their followers nor they themselves carry cash exceeding Rs.50,000/ - in the constituency during election process, as per direction of Hon’ble Supreme Court in case of Election Commission Vs. Bhagyoday Jan Parishad and Ors. (SLP No. CC 20906/2012). (viii) It is hereby clarified that if any election expenses are incurred without routing it through the said bank account or not by way of cheque or draft or RTGS/NEFT, as mentioned in para (v) abo ve, it will be treated that the candidate has not maintained the accounts in the manner, prescribed by the Commission. (ix) The DEOs shall issue suitable instruction to all the banks or post offices located in their districts to ensure that they open dedi cated counters for election purpose to facilitate prompt service to the candidates in opening of bank accounts. The 238 banks shall also allow withdrawals and deposits from the said account on priority basis during the election period.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure_E7.txt _ 2. I am directed to req uest you to bring it to the notice of all candidates, election officials and all concerned. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY *Note: - Please refer Annexure -E11 and E1 2. 239Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E8.txt Commission`s letter No. 76/Instructions/EEPS/2015/Vol -II, dated 9th June, 2015 regarding donation etc., received from any person, entity or political party for the purpose of election campaign during election Annexure -E8 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/EEPS/2015/Vol -II Dated: 9th June, 2015 To The Chief Electoral Officers of All States and UTs Subject : Donations etc., received by candidates from any person, entity or political party for the purpose of election campaign during election - regarding Sir/Madam, The Commission vide its instruction No.76/Instructions/2013/EEPS/Vol.IV dt. 15.10.2013 has p rescribed that each candidate shall open a separate bank account for election campaign purposes, through which all amounts meant for campaign expenses will be routed. The Commission has also issued instruction No. 76/PPEMS/Transparency/2013 dt.29.08.2014 to the political parties, for making all payments to the candidates by account transfer and not in cash. 2. It has come to the notice of the Commission that apart from political parties, candidates also often receive large donations or loan in cash during election process from other persons or entities for their election campaign expenses. In so far as political parties are concerned, they are required to declare the do nations received in excess of twenty thousand rupees, before the Election Commission, as per the provisions of section 29 C of the R. P. Act, 1951 for claiming tax relief under I. T. Act, 1961.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E8.txt Commission`s letter No. 76/Instructions/EEPS/2015/Vol -II, dated 9th June, 2015 regarding donation etc., received from any person, entity or political party for the purpose of election campaign during election 3. In keeping with the above instructions, the Commission hereby directs that in the interest of transparency and accountability, the candidate(s) sha ll also not receive any donation or loan in cash, in excess of Rs. 20,000/ -* from a single person or entity during the election process and all donations/loans in exces s of Rs. 20,000/ -* shall be received by the candidate by A/c payee cheque or draft or by account transfer and the candidate(s) shall maintain the full name and address of such persons/entities, which shall be mentioned in relevant columns of day -to-day accounts and the abstract statement of election expenditure. 4. You are requested to bring it to the notice of all candidates, political parties, DEOs, Expenditure Observers and officials concerned. Yours faithfully, Sd/- (S.K. Rudola) SECRETARY *Note: - Please refer Annexure -E11 and E1 2Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E9.txt Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I, dated 19th February, 2018 regarding election expenditure limit in adjourned poll for death of a candidate Annexure -E9 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I Dated: 19th February, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - General Election to Tripura Legislative Assembly, 2018 -Election Ex penditure Limit in adjourned poll for death of a candidate -Reg. Sir, I am directed to refer to the Commission’s notification no. 492/TP -LA/2018, dated 15.02.2018 (copy enclosed) on the subject cited and to clarify that as per section 77 of the R. P. Act, 1 951, the candidates already contesting the election and the newly nominated CPI(M) candidate for 19 -Charilam AC have to maintain their accounts of election expenses from the date of filing their nomination up to the date of declaration of result of 19 -Char ilam AC as per the schedule notified by the Commission vide its aforesaid notification dated 15.02.2018. As per Rule 90 of C. E. Rules, 1961, maximum limit of election expenditure for all the candidates already in the fray and the newly nominated CPI(M) ca ndidate for 19 -Charilam AC is Rs. 20 Lakh. 2. The candidates already contesting in 19 -Charilam AC will continue maintaining their accounts of election expenses as they are maintaining from the date of filing their nomination up to declaration of result of 19-Charilam AC. 3. Whereas, the newly nominated candidate of CPI(M) will maintain his accounts of election expenses from the date of filing his nomination up to declara tion of result of 19 -Charilam AC. 4. You are requested to bring this to the notice of co ncerned DEO, RO, other election authorities, Expenditure Observer, candidates and political parties urgently. Yours faithfully, Sd/- (AVINASH KUMAR) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E10.txt Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. VII, dated 23rd March, 2018 regarding requirement of submission of account of election expenses u/s 78 of the R. P. Act, 1951 in case of demise of a contesting candidate Annexure -E10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 7 6/ECI/INST/FUNC/EEM/EEPS/2018/Vol. VII Dated: 23rd March, 2018 To The Chief Electoral Officer Tripura Agartala Subject: - Clarification reg arding signature by the candidate himself in the Affidavit in case of death case -Reg. Sir, With reference to your letter no. F.19 (60) -CEO/EEM/GEN/2017 -18, dated 18th March, 2018, I am directed to state that there is no in use for presume the case of accounts in event of death of a candidate and hence the requirement of Section 78 of the R. P. Act, 1951 will cease to be applicable in the case of Khagendra Jamatia, who was a contesting candidate at 29 -Kirshnapur Assembly Constituency (ST) on Trip ura Legislative Assembly Election, - 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRE TARYCompendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E11.txt Commission’s letter No. 76/Instructions/2018/EEPS, dated 12th November, 2018 instruction regarding revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. Annexure -E11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 12th November, 2018 To 1. The Chief Electoral Officers o f all States and UTs. 2. The President/General Secretary of all Political Parties 3. The Treasurer of all Political Parties Subject: - Revision of threshold Election Expend iture/Donation through cash transaction in a single day by the Candidates/Political Pa rties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. – Regarding. Madam/Sir, I am directed to refer to the Commission’s letter No. 76/Instructions/2011/EEM, dated 7th April. 2011, letter No. 76/Instructions/2013 /EEPS/Vol. IV, dated 15th October, 2013, letter No. 76/Instructions/EEPS/2015/Vol.II, dated 9th June, 2015 and letter No. 76/PPEMS/Transparency/2013, dated 29thAugust/1 9th November, 2014 (copies enclosed) issued under Article 324 of the Constitution wherei n it has been stated that the maximum amount for incurring expenditure in cash is Rs. 20,000/ -. The threshold of Rs. 20,000/ - for incurring of election expenditure by crossed account payee cheque, bank draft or by RTGS/NEFT has been revisited by the Comm ission having regard amendment made in Section 40 A (3) of the Income Tax Act, 1961 with effect from 1st April, 2017. It has been decided that henceforth all electio n expenditure/donation either by/to Candidate(s) or Political Parties exceeding Rs. 10,0 00/- (Ten Thousand) in all the situations covered in the afore -mentioned letters shall be incurred by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with bank account of the Candidate opened for election purpose or by Political Party.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E11.txt Commission’s letter No. 76/Instructions/2018/EEPS, dated 12th November, 2018 instruction regarding revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. 2. Accordingly, the figure/word mentioned as Rs. 20,000/ - in Para (1) of the Commission`s letter no. 76/Instructions/2011/EEM dated 7th April 2011, Para(v) of letter no. 76/Instructions/2013/EEPS/Vol. IV dated 15th October 2013, Para (3) of letter no. 76 /Instructions/EEPS/2015/Vol. II dated 9th June 2015, Para (iv) of the letter no. 76/PPEMS/Transparency/2013 dated 29th August 2014 and Para (5) of letter no. 76/PPEMS/Transparency/2013 dated 19th November 2014 shall be substitu ted with word and figure Rs. 10,000/ - (Ten Thousand) . 243 3. The instruction of the Commission shall come into effect prospectively from the date of issue of the letter. I n those cases, where elections have been announced by the Commission, the instruction ma y immediately be brought to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake holders. 4. This also disposes of the CEO, Rajasthan letter no. PA.3(1)(2)I/Aaykar/Nirva./2018/8348, dated 24th Octo ber, 2018. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Note: - Please refer Annexure -D7, E7, E8, F4 and F6.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E12.txt Commission’s letter No. 76/Instructions/2018/EEPS, dated 30th November, 2018 clarification regarding revision of threshold Election Expenditure /Donation through cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/- (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. Annexure -E12 ELECTION COMMISSION OF INDIA Nirva chan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2018/ÉEPS Dated: 30th November, 2018 To The Chief Electoral Officers of all States and UTs Subject: - Revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political P arties above Rs. 10,000/ - (Ten Thousand) by cheque, DD, RTGS/NEFT or other electronic mode etc. -Clarification -Regarding. Madam/Sir, I am directed to refer to the Commis sion’s letter of even number dated 12th November, 2018* regarding incurring of election expenditure by the candidate(s) and political parties exceeding Rs. 10,000/ - (Ten Thousand) by crossed account payee cheque, or draft or by RTGS/NEFT or any other electronic mode linked with the bank account opened by the candidates for election purpose. A clarification has been sought as to whether this amount can be incurred by the candidate(s)/parties in a single day or multiple days or during the entire election proc ess to/from a single person/entity or multiple persons/entities. 2. In partial modifica tion of the Commission’s earlier letter dated 12th November, 2018, it is hereby stated that expenditure exceeding Rs. 10,000/ - (Ten Thousand) in connection with an election, consisting of a single transaction or an aggregate of transactions, entered into with a single person/entity during the entire poll period shall not be incurred by a candidate/political party unless the payment in respect of the same is made by way o f an account payee cheque or draft on a bank or account payee bank draft or by RTGS/NEFT or any other electronic mode linked to the bank account of the candidate.Compendium of Instructions On Election Expenditure Monitoring PART E. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE CANDIDATES_Annexure-E12.txt Commission’s letter No. 76/Instructions/2018/EEPS, dated 30th November, 2018 clarification regarding revision of threshold Election Expenditure /Donation through cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/- (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. 3. Further, it is stated that in respect of donations/contributions in cash received by the candidates from a single entity/person in a single or multiple transactions shall not ex ceed to Rs. 10,000/ -. However, in the case of political parties the receipt from donations/contributions shall continue to be governed by the existing provisions of Sec tion 29C of the R. P. Act, 1951. 4. You are requested to bring the above mentioned clar ification to the notice of the Returning Officers, Expenditure Observers, Political Parties, Candidates and all other stake - holders. Yours faithfully, Sd/- (RAJAN JAIN) UNDER SECRETARY Copy to: - The President/General Secretary/Treasurers of all Political Parties. *Note: - Please refer Annexure - E11. 245Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F1.txt _ Annexure –F1 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions /2010 Dated: 20th October 2010 To The President/General Secretary, All Recognized National and State Political Parties Subject: Measures taken by Election Commissi on to curb use of money power during elections regarding. Sir/Madam, Instanc es are reported to Commission and also in Media that cash, liquor and several utility items are being used in a clandestine manner during the process of elections for bringing in fluence on the voters. Such distribution of cash, liquor or any other item for gratification of the voters is bribery and is punishable under Indian Penal Code. It is also corrupt practice under R . P. Act, 1951. 2. During the Commission’s meeting with all political parties, held on 4th October 2010 the use of money power during elec tions was discussed and the Commission’s instructions to monitor elect ion expenditure during general election to the Legislative Assembly of Bihar were welcomed by all the partie s. (Copies of Commission’s instructions are available on the website: www.eci.gov.in .) 3. To curb the incidence of such offences the Commission has issued instructions to the Law Enforcement Agencies to form flyin g squads to keep watch over distribution of cash, liquor and other items in th e constituencies during the election process and seize the said items. The services of Investigation Directorate of Income Tax Department have also been requisitioned to keep vig il over movement of cash through Airports, major Railway Stations, Hotels, Far m Houses, Financial Brokers and Hawala Agents. The Commission has also advised the candidates to open separate bank accounts for their election expenses and to make all election expenses through the said bank accounts.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F1.txt _ 4. It is needless to point out that a ny fund provided by the party to its candidates for election purpose a re required to be reflected in the day to day accounts of election expenditure of the candidate and the part ies are also required to maintain and lodge the accounts before the Commission after the election is over. 253 5. In order to maintain the purity of elections and in particular to bring transparency in the process of elections it is advised that political part ies avoid transactions in cash and should instruct their office bearers, offic ials, agents and candidates not to carry huge cash during the on -going process of elections. 6. Kindly acknowledge receipt. Yours faithfully, Sd/- (Anuj Jaipuriar) Secretary Copy to: 1. All CEOs wit h request to bring it to notice of all concerned. 2. Chairman, Central Board of Direct Taxes, North Block, New Delhi -110001 3. Director General of Income Tax (Inv), B.C Patel Mar g, Patna -800001 for necessary action. 254Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F2.txt _ Annexure –F2 ELECTION COMMISSION OF IN DIA NRIVACHAN SADAN ASHOKA ROAD NEW DELHI 110001 No. 76/Instructions/2012/EEPS Date: 9th February 2012 To The Chief Electoral Officers of 1. Punjab 2. Uttar Pradesh 3. Uttarakhand 4. Manipur 5. Goa Sub:- General Elections to the Legislative Assemblies of Punjab, Uttar Pradesh, Uttarakhand, Manipur and Goa-2012-Addition of expenditure on travelling by Aircrafts/Helicopter by contesting candidate and star campaigners after the date of poll-Reg. Sir/Madam, Instances have been reported by the Media that many contesting candidates, including star campaigners of the political parties, use Aircrafts/Helicopters after the date of poll and clarifications h ave been sought by various political parties regarding expenditure on such travel. In the subject matter, it is clarified as under:- (i) The expenses after the poll and before the date of counting, which can be said to be in connection with the election shall alone be accounted for by the candidates as per section 77 of the Representation of the People Act, 1951. (ii) Therefore, after the poll, the expenses on travel of a Star Campaigner or a candidate (not connected with his election) shall not be added to any candidate. If the Star Campaigner/Candidate visits his constituency, where he has contested the election, the travel expenses within the constituency for overseeing the counting arrangements before, or on, the date of counting shall be added to his account. The travel expenses outside the constituency will not be added to his account. (iii) If the political party is bearing travel expenses of a Star Campaigner outside his constituency, the said expense shall be shown by the political party in the accounts submitted to the Commission within 75 days of the completion of election.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F2.txt _ 2. In this regard, you are hereby requested to inform all the District Election Officers as well as the political parties in the state. Yours faithfully Sd/- (AVINASH KUMA R) UNDER SECRETA RY Copy to : All National Parties for information 255Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F4.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountability in Party Funds Annexure - F4 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -11000 1 No.76/PPEMS/Transparency/2013 Dated: 29th August, 2014 To 1. The President/General Secretary of all Political parties. 2. The Treasurer of all Political parties. Subject: Guidelines on transparency and accountability in party funds and election expenditure mat ter – regarding. Sir/Madam, Under Article 324 of the Constitution, Election Commission of India is vested with the responsi bility to conduct free and fair elections. Concerns have been expressed in various quarters that money power is disturbing the lev el playing field and vitiating the purity of elections. To curb the abuse of money power during elections, the Election Commission has issued several instructions in the past to the candidates and political parti es from time to time. 2. It is desirable f or the political parties to observe transparency and accountability in respect of funds raised and expenditure incurred, both during elections and in other times. Further, in the interest of conduct of free and fair elections it is necessary and expedient to provide guidelines for bringing transparency and accountability with regard to fund of political parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F4.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountability in Party Funds 3. In order to formulate the guidelines, the Commission sought comment/suggestions/inputs from all rec ognized political parties. While most of t hese parties supported the issue of transparency guidelines, some other had a different view. Having regard to the suggestio ns received from the political parties and in the interest of purity of election proces s, the Commission hereby issues the followin g guidelines under Article 324 of the Constitution, to bring transparency and accountability in funding of political parties: - (i) Provision (a) to Section 13A of Income Tax Act 1961, inter -alia, provides that political party shall keep and maintain such boo ks of accounts and other documents as would enable proper deduction of its income there from. Accordingly, it is required th at (a) the 279 treasurer of the political party or such person as authorized by the party, besides ensuring maintenance of the accounts at all Sate and lower levels, shall maintain consolidated accounts at the central party Head Quarters as required under the aforesaid provision, (b) the accounts so maintained by him/her shall conform to the guid ance note on Accounting and Auditing of political parties, issued by the Institute of Chartered Accountants of India (ICAI), and (c) the Annual Accounts shall be audite d and certified by the qualified practicing Chartered Accountants. (ii) The Commission has amended the requirements for registration of a new political party w.e.f. 8th October 2010, which inter -alia, require a party to submit a copy of its audited annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state thatCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F4.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountability in Party Funds annual accounts. Accordingly, in order to bring uniformity, all political parties shall submit to the Commission or to such authority as ment ioned in para (vi) below, a copy of the audited Annual Accounts with Auditor’s report for each financial year, before 31st October ** of each year. (iii) The provisions of Section 80GGB and 80GGC of I.T. Act 1961, inte r-alia, state that no deduction shall be all owed on the contributions made in cash by any person or company to a political party. Accordingly, the political party shall maintain name and address of all such individuals, companies or entities making donation to it, excepting petty sums, donated by th e public only during its public rallies. Further, any amount/donation received in cash, shall be duly accounted in relevant account books and deposited in the Party’s bank account within a week of its receipt. However, the Party can retain a reasonable a mount required for day to day functioning of the Party and for defraying the cash expenses. (iv) Section 40A(3) of Income Tax Act, 1961, provides that all payments exceeding Rs.20,000/ -* by any business entity to a person in a day are required to be made by account payee cheque/draft, except the exempted category as provided in Rule 6 DD of Income Tax Rules, 1962. Similarly, if a party is incurring any expenditure, it shall ensure that no payment in excess of Rs.20 ,000/-* is made in a day to any person or co mpany or entity in cash, except where (a) the payment is made in a village or town, which is not served by a bank; or (b) the 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidatesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F4.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountability in Party Funds 280 payment is made to any employee or party functionary towards salary, pension or for reimbursement of his expenses; or (c) cash pay ment is required under any statute. (v) Section 77(3) of the R.P. Act, 1951 provides for a ceiling of election expenditure for a candidate. Therefore, if the party desires to provide any financial assistance to its candidates for their election expenses, such assistance shall not exceed the prescribed ceiling. Any payment in this regard by the party shall be made only through crossed account payee cheque or draft or through bank account transfer and not in cash. (vi) While the recognized political parties shall f ile all reports, namely, the contribution reports in Form 24A, the audited Annual Accounts as certified by the Chartered Acco untants, referred to in para 3 (i) above, and the Election Expenditure Statements, with the Election Commission of India, the unrec ognized parties shall file the same with the Chief Electoral Officer (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F4.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountability in Party Funds 4. The above guidel ines shall apply to all political parties w ith effect from 1st October 2014. Yours faithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: 1. All CEOs with request to bring it to the notic e of all political parties of their respective states. 2. The Chairman, Central Board of Direct Taxes, North Block, New Delhi for making relevant rules for the political parties. 3. The President, Institute of Chartered Accountants of India, ICAI Bhawan, Indrapr astha Marg, Post Box No.7100, New Delhi – 110022, for incorporating the points in the Guidance note on political parties. Note:- *Please refer Annexure -E11 & E12 **Please refer Annexure -F10 281Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F5.txt _ Annexure –F5 ELECTION COMMISSION OF INDIA Nirvachan Sada n, Ashoka Road, New Delhi – 110001 No.76/PPEMS/Transparency/2014 Dated: 14th October, 2014 To The Chief Electoral Officers of All States and U T’s. Subject: Guidelines on transparency and accountability in party funds and election expenditure - submission of reports by unrecognized political parties – regarding. Sir/Madam, I am directed to refer the Commission’s letter of even No. dated 29th August, 2014 o n the subject cited and to state the recognized political p arties shall file all reports, namely, (a) the contribution reports in Form 24A, (b) the Audited Annual Accounts, with Auditor report and (c) the Election Expenditure Statements, wi th the Election Commission of India and the unrecognized parties shall file the same with the Chief Electoral Officers (CEO) of the respective states (i.e. the state where the party Head Quarters is situated) in the prescribed time and manner. The above m entioned guidelin es are applicable to all political parties with effect from 1st October, 2014. (Copy enclosed) 2. In view of the above I am directed to request you to bring it to the notice of all such unrecognized political parties having their Head Qua rters/official address for correspondence in the state, as per the Commissi on’s Symbol Order notification, to submit the requisite reports in the office of the CEO. (A copy of the Commission’s Symbol Order Notification dated 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F5.txt _ 10.03.2014, amendment notifica tion dated 16.09. 2014 and letter No. 56/2014/PPS -II dated 26.09.14 are enclo sed herewith for ready reference). 3. On receipt of the reports from the State level unrecognized political parties, the following procedure shall be followed by CEO office: (i) Scanned copies of the contribution reports, Annual audited accounts and Statements of election expenditure shall be uploaded on the websites of CEOs of the respective states, within 3 days of receipt of the same for viewing by the public. This should be do ne under the head ing “Reports and Accounts statements of State level Politic al parties”, with links from “current news.” (ii) The list of reports/statements filed by the unrecognized political parties shall be compiled and uploaded on the CEO’s website with in 24 hrs of the due date, as per proforma enclosed herewith (Annexure - A, B, C). The list shall be periodically updated by the CEO office, within 3 days of receipt statement/report from any political party. The status report should have links to the scan ned copy of the c oncerned party’s report/statements. (iii) The last dates fo r filling of reports/statements by political parties are as under: 1. Contribution reports - 30th September every year or such date, as extended by CBDT, for filing Income Tax Return.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F5.txt _ 2. Annual Audited account - 31st October every year. * 282 3. Statement of election expe nditure - within 75 days of completion of Assembly election and 90 days of completion of Lok Sabha election. (iv) In case of default in filling the reports/statements, it should be brought to the notice of the political parties concerned, by writing a lette r to that effect and the letter should also be put on the website of CEO. (v) A copy of the contribution report shall be forwarded to the Principal Chief Commissioner of Income Tax of the state concerned mentioning the date of submission of such report by the political party. The parties which have not submitted the contribution report in time shall be processed by the Income Tax Department, for denial of tax benefit in accordance with Section - 29 C of the R.P. Act. 1951. (vi) The contribution report shall also be forwarded to Ministry of Home Affairs, Government of India for scrutiny and action by that Ministry about any donation received from foreign sources, as defined under claus e (j) of Section 2 of Foreign Contribution (Regulation) Act, 2010. Yours f aithfully, Sd/- (MALAY MALLICK) UNDER SECRETARY Copy to: Director (IT) to facilitate the proposed changes in the website of CEO’s and ECI. * Please refer Annexure -F10 Annexure - A Status of filing Contribution report by the unrecognized parties ……………………………..(name of the respective state/UT) for the financial year………… Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F5.txt _ Due date for filing report ……………………….. List Prepared on Date …………………………... S. No. Name of the Part y Head Quarters / Office Address Filed on or before due date Filed after du e date Remarks Date of filing Total Contribution amount shown (In Rupees) Date of filing Total Contribution Amount Shown (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of t he report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - B Status of filing Annual Audit Report by the unrecognized parties having head quarters/office address in……………….(name of the respective state/UT) for the financial year 20…… Due date for filing Annual Audit Repo rt ……… ……………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Re mar ks Date of filing Total Receipt (In Rupees) Total Expend iture Date of filing Total Receipt (In Rupees) Total Expen diture 1 2 3 4(a) 4(b) 4(c) 5(a) 5(b) 5(c) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral Officer -Annexure - C Status of filing Election Expenditure Statement for General Election to ……………… 20 …….. Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees)Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure_F5.txt _ Due date for filing Expenditure Statement ……………………….. List Prepared on Date …………………………... S. No. Name of the Party Head Quarters / Office Address Filed on or before due date Filed after due date Remarks Date of filing Total Expenditure (In Rupees) Date of filing Total Expenditure (In Rupees) 1 2 3 4 (a) 4(b) 5 (a) 5(b) 6 N.B.: In column 4(a) and 5(a) the links to the scanned copy of the report submitted by the political party are provided. Signature Date: Chief Electoral OfficerCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F6.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 19th November 2014 clarification regarding of transparency guidelines for the political parties issued by ECI on 29th August, 2014. Annexure - F6 ELECTION COMMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/PPEMS/Transparency/2013 Dated: 19th November, 2014 To 1. The President/ General Secretary of all political parties 2. The Treasurers of all Pol itical Parties Subject: Clarification of transparency guidelines for the political parties issued by Election Commission of India on 29.08.2014 - matter reg. Madam/Sir, Kindly refer to Co mmission’s letter No. 76/PPEM S/Transparency/2013 dated 29.08.2014, wherein the Commission issued transparency guidelines for the political parties invoking Article 324 of the constitution. Representations have been received from a few parties raising dou bt about the powers of the Commission and asking for clarifications on certain issues. After considering the representations, the following issues are hereby clarified: 1. Under Article 324 of the Constitution, the Commission has plenary powers and also sacred duty, to conduct free and fair elections in the country. O f late, the increasing use of Black money in election campaigns has been noticed and is causing serious concern all around. The use of black money in elections disturbs the level playing field and vitiates the purity of election process. Therefore, there was need to issue the transparency guidelines, in order to protect the purity of election process and for conduct of free and fair elections, as enshrined in the Constitution. There was legal vacuum in this area, whi ch can be filled by the Election Commi ssion of India as held by the Hon’ble Supreme Court in Mohinder Singh Gill vs CEC (AIR 1978 SC 851).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F6.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 19th November 2014 clarification regarding of transparency guidelines for the political parties issued by ECI on 29th August, 2014. 2. The guidelines have been framed after due consultation with all recognized polit ical parties. The lawful instructions, thus issued by the Commissio n under Article 324, are binding on all political parties and their violations shall affect the transparency of election process which is the bedrock of a democracy. 3. The instruction to political parties to file Annual Audited Accounts with the Commi ssion is essential for maintaining transparency in the functioning of political parties, which is an essential ingredient for conduct of free and fair election. The direction to maintain the name and address of the individuals, companies and entities maki ng donations to the political parties is intended to ensure that no funds are received by the political parties from prohibited sources as stipulated in section 29B of the R.P. Act 1951. H owever, the Commission is ali ve to the practice of raising funds by political parties through hundi/bucket collection in public meetings/rallies, where it is not possible to record the name and address of the donors. Therefore, the Commission has exempted such collections from the ambit of the above instruction. In case o f all donations other than those raised through hundi/bucket collection in a public meeting/rally, the record of name and address of each donor has to be maintained by the political party, as is done by all other socia l/civil society/organizations. 286 4. The cash received by political parties has to be deposited in its bank accounts within a period of 10 working days excepting the amount required to defray its day -to-day expenses. It is clarified that the total amount of cash in hand of a registered poli tical party for the purpose of defraying its day -to- day expenses shall not normally exceed the average monthly cash expenditure of the party during the last financial year.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F6.txt Commission’s letter No. 76/PPEMS/Transparency/2013, dated 19th November 2014 clarification regarding of transparency guidelines for the political parties issued by ECI on 29th August, 2014. 5. All poli tical parties are required to submit their election expenditure sta tement before the ECI within 75 days of assembly election or 90 days of Lok Sabha elections as stipulated by the Election Commission of India in pursuance of the order of the Hon. Supreme Court and it is thus required that the parties file their true and c orrect statement of their election expenses within the stipulated time limit. Since all the political parties and candidates are having bank accounts and also the banks have extended servi ces to foster inclusiveness, all parties shall make payments in exc ess of Rs.20,000/ -* to a person or entity on a single day by account payee cheque or draft or by account transfer excepting the payments, mentioned in para (IV) of the said Transparency Gu idelines. This will help in curbing excessive flow of cash during e lections and will bring in transparency in the election expenditure of the parties. 6. It has been the endeavour of the Commission to maintain level playing field for all political parties and all candidates durin g elections. In the interest of con duct of free and fair elections, all parties are required to follow the transparency guidelines issued by the Commission, and violation of lawful direction of the Commission may entail act ion, as envisaged under para 16A of the Election Symbols (Reservati on and Allotment) Order, 1968. Yours faithfully, Sd/- (Malay Mallick) UNDER SECRETARY *Note: - Please refer Annexure -E11 and E1 2.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F7.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 instruction regarding filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration of results of elections Annexure -F7 ELECTION COMMISSION OF INDIA Nirvachan Sadan , Ashoka Road, New Delhi -1100 01 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The Chief Electoral Officer of All States/UTs Sub:- Filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration o f results of elections -Reg. Madam/Sir, I am directed to forward herewith copy of the Commission’s letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015, regarding filing o f a part election expenditure statement attributed to the candidate s by political parties within 30 days of declaration of results of elections, with the request to bring it to the notice of All Political Parties in your State/UT. A copy of the communicat ion sent to the party may be sent to the Commission for its referenc e and record. 2. You are further requested that election expenditure of the unrecognized parties attributed to the candidates and filed within 30 days of declaration of results shall be pu t on the website of CEO withi n 3 days of receipt. It may be noted t hat instructions regarding filing of election expenditure by the Political Parties as mentioned in the Commission`s letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 and letter no. 76/PPEMS/Transparency/2013,dated 29th August, 2014 shall continue as it is. 3. Kindly acknowledge the receipt. Yours faithfully, Sd/- (AVINASH KUMAR) UNDER SECRETARY Copy to Political Party Election Expenditure Monitoring Section and SDR Section 288 ELECTIO N COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instructions/2015/EEPS/Vol. II Dated: 8th September, 2015 To The President/General Secretary 1. All National Parties 2. All State PartiesCompendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F7.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 instruction regarding filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration of results of elections 1. All National Parties 2. All State Parties 3. All Un -Recognized Parties Sub:- Filing of part election exp enditure statement attributed to candidates by political parties within 30 days of declaration of results of elections -Reg. Madam/Sir, I am directed to refer to the Commission’s lett er no. 76/EE/2012 -PPEMS, dated 21st January, 2013, and letter no. 76/PP EMS/Transparency/2013, dated 29th August, 2014 (copies enclosed), and to state that the Political parties have to file their “Statement of Election Expenditure” within 75 days/90 days of comp letion of the general election to the Legislative Assembly/Lok S abha before the Election Commission of India (in the case of National and State Parties) or the Chief Electoral Officer of the State (in the case of unrecognized parties where party hea dquarte r is situated).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F7.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 instruction regarding filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration of results of elections 2. The total of the expenditure of which accoun t is to be kept under section 77 of the R.P. Act 1951 and which is incurred or authorised in connection with an election in a State or Union Territory has been prescribed under Rule 90 of the Conduct of Elections Rules, 1961. Generally, the political party contributes/donates, either in cash or in kind to the candidates set up by them during election for their election expenditure and the candidates have to show such expenditure in their statem ents. For the sake of transparency and reconciliation of account s of political parties and candidates, and in exercise of powers vested under Article 324 of Constitution in the Commission, it has been decided that the political parties have to file (i) a part statement, in addition to (ii) the final statement of elect ion expenditure required to be filed by the parties as above (within 75 days/90 days of completion of the general election to the Legislative Assembly/Lok Sabha), in respect of the lum p sum p ayments made by the party to the candidate, within 30 days after declaration of results of elections to Legislative Assembly/Lok Sabha in the format prescribed at Annexure -A, before the Election Commission of India (in case of National and State Parties) or the Chief Electoral Officer of the State (in case of unrecogn ized parties where party headquarter is situated). 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F7.txt Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 instruction regarding filing of part election expenditure statement attributed to candidates by political parties within 30 days of declaration of results of elections 3. It is reiterated that election expenditure attributed to the candidates by the Political Parties should be certified by the Char tered A ccountants, as referred to in para 3(i) of the Commission’s let ter no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 (mentioned above and annexed). 289 4. Kindly acknowledge the receipt of this letter. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETARY Copy to Political Party Expenditure Monitoring Section (PPEMS) and SDR Section Below is Annexure A Name of the Party: Whether Recognized: ------------- (Yes Or No) Name of the Election: Date of Announcement of Election: Date of Completion of Election: Total lump sum payment(s) to Candidate(s) of the party or other candidate(s) if, any authorized incurred by Party either in cash or by instruments like -cheque/DD/P O/RTGS/Fund Transfer etc. If political party makes payment(s) t o candidate(s) on more than one occasion then date wise details are to be mentioned. Sl. No. Name of the State/No. and Name of the Assembly and /or Parl. Constituency Name of Candidate Date(s) of payment Cash amount Cheque /DD/PO/RT GS/Fund Transfer etc. Total ( 5+6) 1 2 3 4 5 6 7 1. 2. 3… Grand Total Date: Signature (Treasurer of the Political Party) Note: Separate annexures may b e filed for payments made /authorized by central headquarters o f a party, or by State units.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F8.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII , dated 8th May, 2019 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party Annexure -F8 ELECTION COMMI SSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII Dated: 8th May, 2019 To The Chief Electoral Officers of All S tates and UTs Subject: -Revised format of Abstract Statemen t of Election Expenses for Candida tes and Statement of Election Expenditure of Political Party - Regarding. Madam/Sir, I am directed to refer to the Commission’s letter no. 3/4/2017/SDR/Vol. II, dated 10th October, 2018 and le tter no. 3/4/2019/SDR/Vol. I , dated 19th March, 2019 (copies enclosed) and to state that the Commission had issued FAQs regarding accounting of election expenses on publicity of criminal antecedents by the candidates (TV & Ne ws Papers) and the political parties (Website, TV and News Papers) thrice during the specifie d period. 2. The Commission had issued an instruction vide its letter no. 76/ECI/INST/FUNC/EEM/EEPS /2016/Vol. IX, dated 13th January, 2017 [Annexure -E2 of “Compen dium of Instructions on Electio n Expenditure Monitoring (Fe bruary, 2019)”] regarding the format of Abstract Statement to be lodged by contesting candidates under section 78 of the R. P. Act, 195 1 within 30 days of declaration of result. Having regard to the FAQs mentioned above, the f ormat of Abstract Statement * of Election Expenses of Candidate s has been revised to incorporate the expenditure incurred by candidates in publication of their cri minal antecedents.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F8.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII , dated 8th May, 2019 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party 3. Political parties are also requir ed to submit their Statement of Election Expenditure within 75 days/90 days of completion of Assembly/Lok Sabha election respectively in terms of the ECI letter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 [Annexure -F2 of “Compendium of Instructions on E lection Expenditure Monitoring (February, 2019)”] before the CEO (Unrecognized Parties) and b efore the ECI (Recognized Parties) in the prescribed format. Having regard to directions issued by the Commission in FAQs mentioned above, the format ** has been r evised to incorporate the expen diture incurred by political parties for publication of criminal backgrounds of their candidates. 4. You are requested to kindly bring it to the notice of al l contesting candidates & un - recognised Political Parties in t he States/UTs in the ongoing Ge neral Elections to Lok Sabha , State Legislative Assemblies of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and bye-elections, 2019 impressing upon them to lodge their election expenditure in the revised 291 format only. T he same may also be brought to the notice of DEOs/ROs, Expe nditure Observers and other election authorities for necessary action. 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK).Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F8.txt Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVII , dated 8th May, 2019 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party 5. A copy of the instruction issued in this regard may be endor sed to the Commission. Yours faithfully, Sd/- (RAJAN JA IN) UNDER SECRETARY Copy to : - 1. All National and State Recognised political parties. (By Special Messenger/Speed Post) 2. Sr. PPS/PPS/PAs/PSs to Sr. DEC (US), DEC (SS), DEC (SJ) and DEC (CBK). 3. PAs/PSs to Zonal Sr. Pr. Secy./Pr. Secy./Secy./USs, Zonal Sections, CEMS -II, PPEMS, SDR, RCC. Sd/- (RAJAN JAI N) UNDER SECRETARY Note: *Revised format of Abstract Statement of Election Expenses for Candidates is placed at Annexure E2 ** Revise d forma t of Statement of Election Expenditure of Political Party is p laced at Annexure F3 [Guidelines of ECI on Publicity of Criminal Antecedents by Political Pa rties and Candidates’ is available on the ECI website www.eci.gov.in at the following link : Importa nt Instructions -Updated Guidelines on publicity of criminal ant ecedents by political parties and candidates, in light of the Hon'ble Supreme Court's judgment dated 10th August, 2021 -reg. and https ://eci.gov.in/files/file/13949 -updat ed-guidelines -on-publicity -of-criminal -antecedents -by- political -parties-and-candidates -in-light -of-the-honble -supreme -courts -judgment -dated -10th -august - 2021 -reg/ ]Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F9.txt Commission’s letter No. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party Annexure -F9 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Virtual Campaign/EEPS/2022 Dated: 15th January, 2022 To The Chief Elec toral Officers of All States and UTs Subject: Revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party -Reg. Madam/Sir , I am dire cted to refer to the Commission’s letter no. 76/ECI/ INST/FUNC/EEM/EEPS/2019/Vol. XVII, dated 8th May, 201 9# (copy enclosed) regarding last revision of format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expe nditure of Political Party and to state that keeping in view o f increasing trend of Virtual Campaigning by Candidates and Political Parties in elections, the Commission has decided to revise the formats of Abstract Statement of Election Expenses for Candi dates and S tatement of Election Expenditure of Political Party. 2. The Candidates are required to submit their Abst ract Statement of Election Expenditure along with their Day -to-Day Account Register required to be maintained by Candidates under section 77 of the R. P. Act, 1951 with the DEOs concerned under section 7 8 of the R. P. Act, 1951 within 30 days of declaration of election results. The existing format of Abstract Statement of Election Expenses of Candidates has been revised to incorporate the exp enditure incurred by Candidates in Virtual Campaigning in Sched ule 11 and Row VIII in Part II. Revised format * of Ab stract Statement of Election Expenses for Candidates is enclosed.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F9.txt Commission’s letter No. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statement of Election Expenditure of Political Party 3. Political Parties are also required to submit their Statement of Elect ion Expend iture within 75 days/90 days of completion of Assemb ly/Lok Sabha elections respectively before the ECI (Recognised Political Parties) and the CEOs concerned (Unrecognised Political Parties). The existing format of Statement of Election Expenditu re of Polit ical Party has been revised to incorporate the expen diture incurred by Political Parties in Virtual Campa igning in Schedule 24 A & 24 B, Row 5.4 (vii), Row 6.4 (vii) and Row 7G(III). Revised format ** of Statement of Election Expenditure of Politi cal Party is enclosed. 4. You are requested to kindly bring it to the notice of all Contesting Candidates and Political Parties impressing upon them to lodge their election expenditure in the revised format only. The same may also be brought to the noti ce of DEOs, ROs, Expenditure Observers and other election autho rities for necessary action. 293 5. A copy of the instruction issued in this regard may be endorsed to the Commission. Yours faithfully, Sd/- (Anup Kumar Khakhlary) Under Secretary Copy to: - 1. All National a nd State Recognised Political Parties. (By Spe cial Messenger/Speed Post) 2. Sr. PPS/PPS/PSs/PAs to SG, Sr. DEC, DECs, Sr. Pr. Secy., Directors, Pr. Secy., Secy. 3. CEMS -I, II, III, IV and PPEMS Sd/- (Anup Kumar Khakhlary) Under Secretary Note:Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F10.txt Commission’s letter No.56/AA/2020-21/PPEMS, dated: 21st January, 2022 regarding submission of Annual Audited Accounts by the Political Parties Annexure -F10 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No.56/AA/2020 -21/PPEMS Dated: 2 1st January, 2022 To The President/General Secretary/Trea surer of the Political Parties (List enclosed), Subject: Su bmission of Annual Audited Acco unts by the Political Parties -regarding. Sir/Ma dam, I am directed to refer to the subject cited above and bring to your attention the Commission’s Transparency Guid elines issued vid e its letter dated 29th August 2014 *, where in it has been directed that the recognised political parties shall file their Audited Annual Accounts as certified by the CA with Election Commission of India. The un - recognised parties shall fi le the same with t he Chief Electoral Officer of the respectiv e States and UTs (i.e. the stat e where the party Head Quarter is situated), in the prescribed manner for each financial year before 31st October of each year. 2. Commission has decided to link the due date for the submission of Audited Annual Accounts b y the political parties with the due date for filing of ITR of political partie s under the Income Tax Act, 1961. 3. Accordingly, all Political Parties shall submit their Audited Annual Accou nts within one mon th from the last date for filing of ITR for the political parties as per s ection 139 of the Income tax Act. This will be a pplicable for submission of Audited Annual Accounts for F.Y. 2020 -21 and so on. Yours faithfully, Sd/- (KUMAR RAJEEV ) SECRETARY Copy to: CEOs of all States and UTs with reques t to bring it to the notice of all Political Parties of their respective states . Sd/- (KUMAR RAJEEV) SECRETARY Note: Please refer Annexure -F4Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F11.txt Commission ’s letter No. 76/Instruction/PPEMS /2023, dated 20.11.2023 -Intimation regarding participation of Registered Unrecognized Political Party (RUPP) in Lok Sabha/Assembly election out of the State/UT where their party headquarters is situated Annexure -F11 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction/PPEMS /2023 Dated: 20th November, 2023 To The Chief Electoral Officers of All States/UTs Sub: Intimation regarding participation of Registered Unrecongised Political Party (RUPP) i n Lok Sabha/Assembly election out of the State/UT where their party headquarter s is situated -Reg. Madam/Sir, As you are aware, political parties are required to submit their part Election Expenditure Statement in the proforma prescribed by the Commission vide its letter no. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 (copy enclosed) within 30 days of declaration of election results and full Election Expenditure Statement in the proforma prescribed by the Commission vide its let ter no. 76/EE/2012 -PPEMS, dated 21st January, 2013 (copy enclosed) , revised by the Commission vide its letter no. 76/Virtual Campaign/EEPS/2022, dated 15th January, 2022 (copy enclosed) within 75/90 days of completion of Assembly/Lok Sabha elections . 2. As per the Commission’s instruction no. 76/PPEMS/Transparency/2013, dated 29th August, 2014 and instruction no. 76/PPEMS/Transparency/2014, dated 14th October, 2014 (copies enclosed) , Registered Unrecognised Political Parties (RUPPs) are required to su bmit their financial reports which includes Contribution Reports, Audited Annual Accounts and Election Expenditure Statement (full & part) with the Chief Electoral Officer of the State/UT concerned where their party headquarters is situated. In case o f failure to submit the Election Expenditure Statement by the RUPPs concerned CEO is also required to send reminder to defaulting parties.Compendium of Instructions On Election Expenditure Monitoring PART F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIES_Annexure-F11.txt Commission ’s letter No. 76/Instruction/PPEMS /2023, dated 20.11.2023 -Intimation regarding participation of Registered Unrecognized Political Party (RUPP) in Lok Sabha/Assembly election out of the State/UT where their party headquarters is situated 3. In this regard, it has been experienced that s ome RUPPs participate in Lok Sabha/Assembly election held in State s/UTs other than the States/UTs where their party headquarters is situated. Therefore, in order to avoid any difficulties in monitoring submission of Election Expenditure Statement when a RUPP participates in elections held in other States/UTs, the Chief Elec toral Officers of all States/UTs are requested to invariably share information regarding participation of such RUPPs to the Chief Electoral O fficer of the State/UT where headquarters of such RUPPs is situated for necessary action as per the Commission’s in structions referred above under intimation to the RUPPs concerned and the Commission. Yours faithfully, Sd/- (BINOD KUMAR) SECRETARY 296Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS _Introduction.txt _ Compendium of Instructions On Election Expenditure Monitoring PART A. ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS INTRODUCTION Superintendence, direction and control of Parliamentary elections as well as Assembly elections of the States/UTs is vested in the Election Commission of India (ECI) by virtue of Article 324 of the Constitution of India, hence it is obligatory and incumbent on the ECI to ensure that each and every election is conducted in a free, fair, transparent and peaceful manner. It has been the endeavour of the ECI that th e level playing field for all stake holders, including candidates and political parties is not disturbed and the electoral process is not allowed to be vitiated by any means including misuse of money power. The Election Commission vowed to respond to the emerging challenges in overall election management, faced with increasing threat from those who were hell bent on distorting the mandate of the electors and as such adopted a structured mechanism to facilitate and monitor election expenditure starting with the elections to the Legislative Assembly of Bihar held in 2010. While curbing the menace of money and muscle power, ECI ensures that general public does not face any inconvenience. In fact, all out efforts are made to ensure that the common man on the gr ound is sensitized to become a stakeholder in aiding and assisting the ECI mechanism in combating the menace of bribery of voters and other corrupt practices, polluting the electoral system.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING.txt _ #OBJECTIVE OF ELECTION EXPENDITURE MONITORING Election expenditure can broadly be divided into two categories. The first category of election expenditure is the legal expenditure, which is allowed under the law for electioneering, subject to it being w ithin the permissible limit . This would include expenditure connected with campaigning, which is spent on pub lic meetings, public rallies posters, banners, vehicles, advertisements in print or electronic media etc. The second category of the election expenditure is on items which are not permitted under t he law, e.g., distribution of money, liquor, or any other item disbursed and given to the electors with the intent to influence them. This expenditure comes under the definition of “b ribery” which is an offence both under IPC and under R.P. Act, 1951 (The Act). The expenditure on such items is illegal. Yet another form of expenditure wh ich is coming to the fore in recent times is on Surrogate Ad vertisements, Paid News and Social Media etc. The purpose of election expenditure monitoring is, therefore, twofold. For the first category of expenditure, it must be ensured that all election expenditure on permitted items is truthfully reported and considered while scrutinizing the expenditure account sub mitted by the candidates. As far 2 as the second category of expenditure including surrogate advertisements, paid news etc., is concerned, it is obvious that it will never be reported by the political parties/ candidates. Expenditure on campaigning through Social Media tends to be underreported, if at all, especially by candidates. The systems shou ld be robust enough to catch such expenditure as well, and not only include it in the account of election expenditure, but also take action against the wrongdoers under the relevant provisions of the law, including lodging of complaints before the police/ competent magistrate, if required.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING.txt _ especially by candidates. The systems shou ld be robust enough to catch such expenditure as well, and not only include it in the account of election expenditure, but also take action against the wrongdoers under the relevant provisions of the law, including lodging of complaints before the police/ competent magistrate, if required. Section 77(1) of the Representation of the People Act, 1951 makes it mandatory for every candidate to the House of the People or a State Legislative Assembly, to keep a separate and correct account of all expenditure incurred or authorized by him or by his election agent, between the date on which he was nominated and the date of declaration of the result of election, both dates inclusive. The total of the said expenditure shall not exceed such amount as may be prescribed under Section 77(3) of R.P. Act, 1951. Under Section 77(2), the account shall contain such particulars as may be prescribed. Rule 90 of the Conduct of Elections Rules, 1961 (The Rules) prescribes varying limits of election expenditure for Parliamentary and Assembly Constituencies in each of the States and Un ion Territories. The p articulars, which have to be shown in the election account of the candidates are prescribed in Rule 86 of the Rules. The ceilings on expenditure as prescribed are enclosed at Annexure -A1. Failure to maintain the account is an electoral offence under Section 171-I of the Indian Penal Code. (Basic Legal Provisions are given in A nnexure - A1) The incurring or authorizing of expenditure in excess of the limit prescribed under Section 77(3) of R.P. Act, 1951 is a corrupt practice with reference to Section 123(6) of the R.P. Act,Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING.txt _ 1951. The b eneficial objective sought to be achieved by making the incurring or authorizing of election expenditure in excess of the prescribed limit as a corrupt p ractice was elucidated by the Supreme Court in Kanwar Lal Gupta vs Amar Nath Chawla (AIR 1975 SC 308), as follows: “… The object of the provision limiting the expenditure is twofold. In the first place, it shou ld be open to any individual or any political party, howsoever small, to be able to contest an election on a footing of equality with any other individual or political party, howsoever rich and well financed it may be, and no individual or political party shou ld be able to secure an advan tage over others by virtue of its superior financial strength…. The other objective of limiting the expenditure is to eliminate, as far as possible, the influence of big money in the electoral process. If there was no limit on expenditure, 3 political partie s would go all out for collecting contributions………. The pernicious influence of big money would then play a decisive role in controlling the democratic pro cess in the country….” According to Section 78 of R.P. Act, 1951, every contesting candidate is required to lodge a true copy of the account of his election expenses with the District Election O fficer (DEO) within 30 days of the declaration of the result of the election. Failure to lodge the account of election expenses within the time and in the manner required by law without good reason or justification may result in disqualification of the candidate concerned by the Election Commission of India under Section 10A of R.P. Act, 1951. The Supreme Court has held in L.R. Shivaramagowde Vs. T.M. Chandrashekar - AIR 1999 SC 252 that the Commission can go into the correctness of the account of election expenses filed by the candidate and disqualify a candidate under Section 10A of theCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __OBJECTIVE OF ELECTION EXPENDITURE MONITORING.txt _ Commission of India under Section 10A of R.P. Act, 1951. The Supreme Court has held in L.R. Shivaramagowde Vs. T.M. Chandrashekar - AIR 1999 SC 252 that the Commission can go into the correctness of the account of election expenses filed by the candidate and disqualify a candidate under Section 10A of the Representation of the People Act, 1951 in case the account is found to be incorrect or untrue. Thus, not only is a candidate required to keep his election expenses within the ceiling prescribed by the law, he/she has to also maintain a day to day and true account of his/her election expenditure in the prescribed manner, present the account for inspection by the Observer, RO or authorized person and submit it to the DEO concerned within 30 days of the declaration of the result. Exceeding the prescribed ceiling of expenditure can be a ground for an election petition against a winning candidate. A brief summary of t he legal provisions regarding election expenditure has been given in this chapter of the Compendium. With each chapter, i nstructions issued by the Commission from time to time updating specific aspects have been enclosed to giv e an overall and unambiguous understanding of the measures taken for strict monitoring of election expenditure. This Compendium brings together at one place the relevant provisions of law and instructions to be followed scrupulously by election officers, o bservers, candidates and political parties for effecti ve monitoring and scrutiny of election expenditure.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY _Introduction.txt _ Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO, DEO, CEO, CANDIDATE AND POLITICAL PARTYCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ #Annexure -A1 Legal ProvisionsCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 1. Indian Penal Code 1860 171B. Bribery: - (1) Whoever- (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commit s the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this Section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 171E. Punishment for bribery - Whoever commits the offence of bribery sh all be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Provided that bribery by treating shall be punished with fine only. Explanation – “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 171F. Punishment for undu e influence or personation at an election; - Whoever commit s the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171H. Illegal payments, in connection with an election - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on accountCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ commit s the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 171H. Illegal payments, in connection with an election - Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hund red rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority ob tains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he sh all be deemed to have incurred such expenses with the authority of the candidate. 5 171I. Failure to keep election accounts. - Whoever being recruited by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection w ith an election fails to keep such accounts shall be punished with fine which may extend to five hund red rupees.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 2. The Representation of the People Act, 1951Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 77. Account of election expenses and maximum thereof - (1) Every candidate at an election shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorized by him or by his election agent between [the date on wh ich he has been nominated] and the date of declaration of the result thereof, both dates inclusive. [Explanation 1.- For the removal of doub ts, it is hereby declared that---- (a) the expenditure incurred by leaders of a political party on account of travel by air or by any other means of transpo rt propagating programme of the political party shall not be deemed to be the expenditure in connection with the election incurred or authorized by a candidate of that political party or his election agent for the purposes of this sub-section; (b) any expenditure incurred in respect of any arrangements made, facilities provided or any other act or thing done by any person in the service of the Gov ernment and belonging to any of the classes mentioned in clause (7) of section 123 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause sh all not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this sub-section. Explanation 2.- For the purposes of clause (a) of Explanation 1, the expression “leaders of a political party”, in respect of any election, means, - (i) where such political party is a recognized po litical party, such persons not exceeding forty in number, and (ii) where such political party is other than a recognized political party, such persons not exceeding twenty in number, whose n ames have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election,Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ exceeding forty in number, and (ii) where such political party is other than a recognized political party, such persons not exceeding twenty in number, whose n ames have been communicated to the Election Commission and the Chief Electoral Officers of the States by the political party to be leaders for the purposes of such election, within a period of seven days from the date of notification for su ch election published in the Gazette of India or Official Gazette of the State, as the case may be, under this Act; Provided that a political party may, in the case where any of the persons referred to in clause (i) or, as the case may be, in clause (ii) dies or ceases to be a member of such political party, by further communication to the Election Commission and the Chief Electoral Officers of the States, substitute new name, during the period ending immediately before forty-eight hours ending with the hour fixed for the conclusion of the last poll for such election, for the name of such person died or ceased to be a member, for the purposes of designating the new leader in his place.] 6 (2) The account shall contain such particulars, as may be prescribed. (3) The total of the said expenditure shall not exceed such amount as may be prescribed. (As per explanation 1(a) read with Explanation 2 under sub-section (1) of Section 77 of the Representation of the People Act, 1951, the expenditure incurred by leaders of political party on account of travel for propaga ting programme of the par ty shall not be deemed to be expenditure in connection with the election, incurred or authorized by the candidate or his agent)Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 78. Lodging of account with the District Election Officer.- [(1)] Every contesting candidate at an election shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of their election are different, the later of those two dates, lodge with the [ district election officer] an account of his election expenses wh ich shall be a true copy of the account kept by him or by his election agent under section 77.] 10A. Disqualification for failure to lodge account of election expenses . - If the Election Commission is satisfied that a person- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (b) has no good reason or justification for the failure, the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 123. Corrupt practices. —The following shall be deemed to be corrupt practices for the purposes of this Act: — 3[(1) “Bribery” that is to say — (A) any gift, offer or promise by a cand idate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object, directly or indirectly of inducing — (a) a person to stand or not to stand as, or 4[to withdra w or not to withdraw] from being a candidate at an election, or (b) an elector to vote or refrain from voting at an election, or as a reward to — (i) a person for having so stood or not stood, or for 5[having withdrawn or not having with drawn] his candidature; or (ii) an elector for having voted or refrained from voting; (B) the receipt of, or agreement to receive, any gratification, whether as a motive or a reward — 7 (a) by a person for standing or not standing as, or fo r 6[withdrawing or not withdrawing] from being, a candidate; or (b) by any person whomsoever for himself or any other person for voting or refraining from voting, or inducing or at tempting to induce any elector to vote or refrain from voting, or any cand idate 3[to withdraw or not to withdraw] his candidature. Explanation. —For the purposes of this clause the term “gratification” is not restricted to pecuniary gratifications or gratifications estimable in money and it includes all forms of entertainment an d all forms of employment for reward but it does not include the payment of any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of theCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the account of election expenses referred to in section 78.] (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent, or of any other person 7[with the consent of the candidate or his election agent], with the free exercise of any electoral right: Provided th at— (a) without prejudice to the generality of the provisions of this clause any such person as is referred to therein who — (i) threatens any candidate or any elector, or any perso n in whom a candidate or an elector is interested, with injury of any kind including social ostracism and ex - communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an objec t of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this claus e; (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. 1[(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious sym bols or the use of, or appeal to, national symbols, such as the national f lag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 8Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ his religion, race, caste, community or language or the use of, or appeal to religious sym bols or the use of, or appeal to, national symbols, such as the national f lag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate: 8 2[Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.] (3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.] 3[(3B) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the candidate or his election agent f or the furtherance of the prospects of the election of that candidate or f or prejudicially affecting the election of any candidate. Explanation. —For the purposes of this clause, “sati” and “glorification” in relation to sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987 ( 3 of 1988)]. (4) The publication by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent], of any statement of fact which is false , and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ candidate or his election agent], of any statement of fact which is false , and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal, 5*** of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election. (5) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessle by a candidate or his agent or by any other person 4[with the consent of a candidate or his election agent] 6[or the use of such vehicle or vessel for the free conveyance] of any elector (other than the candidate himself the members of his family or his agent) to or from any polling station provided under section 25 or a place fixed under sub -section ( 1) of section 29 for the poll: Provided that the hiring of a vehicle or vessel by an ele ctor or by several electors at their joint costs for the pu rpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tramcar or railway carriage by any elector at his own cost for the purpose of going to or coming from any such polling sta tion or place fixed for the poll shall not be deemed to be a corrupt practice under this clause. 9 Explanation. —In this clause, the expression “vehicle” means any vehicle used or capa ble of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or authorising of expenditure in contravention of section 77. (7) The obtaining or procuring or a betting or attempting to obtain or procure by a can didateCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The incurring or authorising of expenditure in contravention of section 77. (7) The obtaining or procuring or a betting or attempting to obtain or procure by a can didate or his agent or, by any other person 1[with the consent of a candidate or his election agent], any assistance (other than the giving of vote) for the furtherance of the prospe cts of that candidate’s election, 2[from any person whether or not in the service of the Government] and belonging to any of the following classes, namely: — (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the Union; (d) members of the police forces; (e) excise officers; 3[(f) revenue officers other than village revenue officers known as lambardars malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land rev enue collect ed by them but who do not discharge any police functions; and (g) such other class of persons in the service of the Government as may be prescribed: 4[Provided that where any person, in the service of the Government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of t he candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’ s election;] 5[(h) class of persons in the service of a local authority, university, governmentCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate’ s election;] 5[(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the Election Commission in connection with the conduct of elections.] 6[(8) Booth captur ing by a candidate or his agent or other person.] Explanation. —(1) In this section the expression “agent” includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (2) For the purposes of clause ( 7), a person shall be deemed to assist in the furtherance of the prospects of a candidate’s election if he acts as an election agent 7*** of that candidate. 10 8[(3) For the proposes of clause ( 7), notwithstand ing anything contained in any other law, the publication in the Official Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Central Government (including a person serving in connection with the administration of a Union territory) or of a State Government shall be conclusive proof — (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, and (ii) where the date of t aking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case o f resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.]Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case o f resignation, termination of service, dismissal or removal from service such person ceased to be in such service with effect from the said date.] 1[(4) For the purposes of clause ( 8), “booth capturing” shall have the same meaning as in section 135A.] 125A. Penalty for filing false affidavit, etc. -A candidate who himself or through his proposer, with intent to be elected in an election, - (i) fails to furnish information relating to sub -section (1) of section 33A; or (ii) give false information which he knows or has rea son to believe to be false; or (iii) conceals any information, in his nomination pap er delivered under sub -section (1) of section 33 or in his affidavit which is required to be delivered under sub -section (2) of section 33A, as the case may be, shall, notwithst anding anything contained in any other law for the time being in force, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 127A. Restrictions on the printing of pamphlets, posters etc.-(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or pos ter which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster- (a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, 11 (i) where it is printed in the capital of the State, to the Chief ElectoralCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and (b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document, 11 (i) where it is printed in the capital of the State, to the Chief Electoral Officer; and (ii) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section, - (a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly; and (b) “election pamphlet or poster” means any printed pamphlet, handbill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely annou ncing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thous and rupees, or with both. 29 B. Political parties entitled to accept contribution -Subject to the provisions of the Companies Act, 1956 (1 of 1956), every political party may accept any amoun t of contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution fro m any foreign source defined under clause (e) of section 2 of the Foreign Con tribution (Regulation) Act, 1976 (49 of 1976). Explanation -For the purposes of this section and section 29C -Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ contribution voluntarily offered to it by any person or company other than a Government company: Provided that no political party shall be eligible to accept any contribution fro m any foreign source defined under clause (e) of section 2 of the Foreign Con tribution (Regulation) Act, 1976 (49 of 1976). Explanation -For the purposes of this section and section 29C - (a) “company” means a company as defined in section 3; (b) “Government company” means a company within the meaning of section 617; and (c) “con tribution” has the meaning assigned to it under section 293A, of the Companies Act, 1956 (1 of 1956) a nd includes any donation or subscription offered by any person to a political par ty; and (d) “person” has the meaning assigned to it under clause (31) of sect ion 2 of the Income -tax Act, 196 1 (43 of 1961), but does not include Government company, local authority and every artificial juridical person wholly or partially funded by the Go vernment. 29 C. Declaration of donation received by the political partie s-(1) The treasurer of a political party or any other person authorized by the political party in this behalf shall, in each financial year, prepare a report in respect of the followi ng, namely: (a) the contribution in excess of twenty thousand rupees receive d by such political party from a ny person in that financial year; (b) the contribution in excess of twenty thousand rupees received by such political party from companies other th an Government companies in that financial year. 12 [Provided that nothing co ntained in this sub -section shall apply to the contributions received by way of an electoral bond. Explanation -For the purposes of this sub -section, “electoral bond” means a bond referred to in the Explanation to sub -section (3) of section 31 of the Reserve Ba nk of India Act, 1934 (2 of 1934 ).] (2) The report under sub -section (1) shall be in such form as may be prescribed.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ received by way of an electoral bond. Explanation -For the purposes of this sub -section, “electoral bond” means a bond referred to in the Explanation to sub -section (3) of section 31 of the Reserve Ba nk of India Act, 1934 (2 of 1934 ).] (2) The report under sub -section (1) shall be in such form as may be prescribed. (3) The report for a financial year under sub -section (1) shal l be submitted by the treasurer of a political party or any other person authorized by the political party in this behalf before the due date for furnishing a return of its in come of that financial year under section 139 of the Income -tax Act, 1961 (43 of 1961), to the Election Commission. (4) Where the treasurer of any political p arty or any other person authori zed by the political party in this behalf fails to submit a report under sub -section (3) then, notwithstanding anything contained in the Income -tax Act, 1961 (43 of 1961), such political party shall not be entitled to an y tax relief under that Act.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 3. The Election Symbols (Reservation and Allotment) Order, 1968: 16A: Power of Commission to suspend or wi thdraw recognition of a recognis ed political party for its failure to observe Model Code of Conduct or follow lawful directi ons and instructions of the Comm ission -Notwithstanding anything in this Order, if the Commission is satisfied on information in its possession that a political party, recognis ed e ither as a National Party or as a State Party under the provisions of thi s order, has failed or has refused or is refusing or has shown or is showing defiance by its conduct o r otherwise (a) to observe the provisions of the Model Code of Conduct for Guidan ce of Political Parties and “Candidates” as issued by the Commission in Janua ry, 1991 or as amended by it fro m time to time, or (b) follow or carry out the lawful directions and instructions of the Commission given from time to time with a view to furtheri ng the conduct of free, fair and peaceful elections or safeguarding the interests of the general public and the electorate in particular, the Commission may, after taking int o account all the available facts and circumstances of the case and after giving the party a reasonable opportunity of showing cause in relation to the action proposed to be taken against it , either suspend, subject to such terms as the Commission may deem appropriate, or withdraw the recognition of such party as the National party or, as the case may be, the State party. 4. The Conduct of Elections Rules, 1961 85B. Form of contribution s report - The report for a financial year under sub -section (1) o f section 29C shall be submitted in F orm 24A by the treasure r of a political part y or any other person authorised by the political party in this behalf, befor e the due date for furnishing a return of its income of that financial year under section 139 of the Income tax Act, 1961 (43 of 1961), to the Election Commission.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 86. Particulars of account of election expenses.- (1) The account of election expenses to be kept by a candidate or his election agent under section 77 shall contain the following particulars in respect of each item of expenditure from day to day, namely:- 13 (a) the date on which the expenditure was incurred or authorized; (b) the nature of expenditure (as for example, traveling, postage or printing and the like); (c) the amount of expenditure- (i) the amount paid; (ii) the amount outstanding; (d) the date of payment; (e) the name and address of the payee; (f) the serial number of vouchers, in case of amount paid; (g) the serial number of bills, if any, in case of amount outstanding; (h) the name and address of the person to who the amount outstanding is payable. (2) A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as postage, travel by rail and the like, it is not practicable to obtain a voucher. (3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1). (4) It shall not be necessary to give the particulars mentioned in item (e) of sub- rule (1) in regard to items of expenditure for which vouchers have not been obtained under sub-rule (2). 87. Notice by [district election officer] for inspection of accounts. - The [district election o fficer] shall, within two days from the date on which the account of election expenses has been lodged by a candidate und er section 78, cause a notice to be affixed to his notice board, specifying- (a) the date on which the account has been lodged; (b) the name of the candidate; and (c) the time and place at which such account can be inspected.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 88. Inspection of account and the obtaining of copies thereof. - Any person shall on p ayment of a fee of one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 89. Report by the [District Election Officer] as to the lodging of the account of election expenses and the decision of the Election Commission thereon. (1) As soon as may be after the expiration of the time specified in section 78 for the lodging of accounts of election expenses at any election, the [d istrict election officer] shall report to the Commission- (a) the name of each contesting candidate; 14 (b) whether such candidate has lodged his account of election expenses and if so, the date on which such account has been lodged; and (c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules. (2) Where the District Election Officer is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these rules, he shall with every su ch report forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it. (3) Immediately after the submission of the report referred to in sub-rule (1) the [district election officer] shall publish a copy thereof affixing the same to his notice board. (4) As soon as may be after the receipt of the report referred to in sub -rule (1) , the Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules. (5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he shou ld not be disqualified und er section 10A for the failure. (6) Any contesting candidate who has been called upon to show cause under sub- ruleCompendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he shou ld not be disqualified und er section 10A for the failure. (6) Any contesting candidate who has been called upon to show cause under sub- rule (5) may within 20 days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to the District Election Officer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. (7) The District E lection Officer shall, within 5 days of the receipt thereof, forward to the Election Commission the copy of the representation and the account (if any) with such comments as he wishes to make thereon. (8) If, after considering the representation su bmitted by the candidate and the comments made by the District Election Officer and after such inquiry as it thinks fit, the Election Commission 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 under section 10A for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 90. Maximum election expenses. - The total of the expenditure of which account is to be kept under Section 77 of the R. P. Act, 1951 and which is incurred or authorized in connection with an election in a State or Union Territory mentioned on column 1 of the Table below shall not exceed- (a) in any one parliamentary constituency of that State or Union Territory, the amount specified in the correspond ing column 2 of the said Table; and (b) in any one assembly constituency, if any, of that State or Union Territory, the amount specified in the correspond ing column 3 of the said Table- 15 TABLE Sl. No Name of State or Union Territory Maximum limit (in Rs.) of election expenses in any one Parliamentary Constituency Assembly Constituency 1 2 3 I. State 1 Andh ra Pradesh 95,00,000 40,00,000 2 Arunachal Pradesh 75,00,000 28,00,000 3 Assam 95,00,000 40,00,000 4 Bihar 95,00,000 40,00,000 5 Chhattisgarh 95,00,000 40,00,000 6 Goa 75,00,000 28,00,000 7 Gujarat 95,00,000 40,00,000 8 Haryana 95,00,000 40,00,000 9 Himachal Pradesh 95,00,000 40,00,000 10 Jharkhand 95,00,000 40,00,00 0 11 Karnataka 95,00,000 40,00,000 12 Kerala 95,00,000 40,00,000 13 Madhya Pradesh 95,00,000 40,00,000 14 Maharashtra 95,00,000 40,00,000 15 Manipur 95,00,000 28,00,000 16 Meghalaya 95,00 ,000 28,00,000 17 Mizoram 95,00,000 28,00,000 18 Nagaland 95,00,000 28,00,000 19 Odisha 95,00,000 40,00,000 20 Punjab 95,00,000 40,00,000 21 Rajasthan 95,00,000 40,00,000 22 Sikkim 75,00,000 28,00,000 23 Tamil Nadu 95,00,000 40,00,000 24 Telangana 95,00,000 40,00,000 25 Tripura 95,00,000 28,00,000 26 Uttar Pradesh 95,00,000 40,00,000 27 Uttarakhand 95,00,000 40,00,000 28 West Bengal 95,00,000 40,00,000 16 II. UNION TERRITORIES 1 Andaman and Nicobar Island 75,00,000 - 2 Chandigarh 75,00,000 - 3 Dadra and Nagar Haveli and Daman and Diu 75,00,000 - 4 Delhi 95,00,000 40,00,000Compendium of Instructions On Election Expenditure Monitoring PART A_ ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS __Annexure -A1 Legal Provisions.txt _ 24 Telangana 95,00,000 40,00,000 25 Tripura 95,00,000 28,00,000 26 Uttar Pradesh 95,00,000 40,00,000 27 Uttarakhand 95,00,000 40,00,000 28 West Bengal 95,00,000 40,00,000 16 II. UNION TERRITORIES 1 Andaman and Nicobar Island 75,00,000 - 2 Chandigarh 75,00,000 - 3 Dadra and Nagar Haveli and Daman and Diu 75,00,000 - 4 Delhi 95,00,000 40,00,000 5 Lakshadweep 75,00,000 - 6 Puducherry 75,00,000 28,00,000 7 Jammu and Kashmir 95,00,000 40,00,000 8 Ladakh 75,00,000 - (M/o Law and Justice, Legislative Department’s Notification S. O. 72(E) dated 6th January , 2022, amendin g Rul e 90 of the Conduct of Elections Rules, 1961 )Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ ompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANSCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ CONTENTS IN PART ‘B’ Sl. No CONTENTS Page No. 1 Expenditure Observer 20-23 2 Assistant Expenditure Observer 23-25 3 Video Surveillance Team 25-26 4 Video Viewing Team 26-27 5 Accounting Team 27-28 6 Complaint Monitoring Control Room and Call Centre 28 7 Media Certification and Monitoring Committee and Paid News 28-29 8 Flying Squad and Static Surveillance Team 30 9 Expenditure Monitoring Cell 30 10 Expendi ture Sensitive Constituency and Expenditure Sensitive Pockets 31 11 Nodal Officers in the CEO office, Police, Income Tax and Excise and Expenditure Monitoring Cell 31-33 12 Interception/Seizure of foreign currency 33 13 Election Seiz ure Management Syst em (ESMS) 34 For monitoring d ay to day election expenditure incurred by the candidates, the election expenditure monitoring mechanism has been put in place in each constituency. Maintenance of the day to day account of election expenditure by the candidate is mandatory. Tho ugh the account of election expenditure is required to be sub mitted within 30 days from the date of the declaration of the result, monitoring has to be done on a regular basis during the campaign period so as to properly and correctly acc ount every election expenditure incurred by the candidates and political parties during this p eriod. After the campaign is over it is difficult to gather evidences relating to election expenditure, incurred on various rallies/ meetings convened by the cand idates and political parties. Since, the DEO is required under the law to scrutinize and submit a report to the Commission after the election, it is primarily the duty of the DEO to ensure that proper evidences are gathered d uring election campaign, based on which subsequently it would be decided whether any expenditure was left out in the statements of the accounts submitted by the candidates. The following w ill be the structure of the expenditure monitoring mechanism:Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 1. Expenditure Observer (EO): Expenditure Ob servers are appointed by the Commission for specified constituencies to observe the election expenses incurred by the candidates. There shall be at least one Expenditure Obs erver for each district. However, it shall be ensured that each Expenditure Observer ordinarily does not have more than five Assembly Constituencies under his observation. Visits by the Expenditure Observer: The Expenditure Observer shall reach the constituency on the day of the notification of elections for the duration of 3 clear days. Du ring this visit he shall meet all the teams engaged in election expenditure monitoring. If the Expenditure Observer is not satisfied with the performance of the AEO he sh all ask for a change and the DEO shall provide an additional list of officers; he may change AEOs depending on their suitability. He shall also train all the officials about the procedure of expenditure monitoring and ensure that the teams are properly equipped. He shall coordinate with the DEO, SP, Nodal Officers of Police, Income Tax and State Excise and with other enforcement agencies. He will leave the constituency only after submitti ng poll preparedness report. He shall again visit the constituency, for the second time, on the date immediately after the date of withdrawal of candid atures or one day before last date of making nomination, as directed by the Commission from time to time, and shall remain in the constituency during 20 the entire campaign period, and shall leave the constituency only after the poll. If he is performing the function of the G eneral Obs erver, he w ill leave the constituency only after scrutiny of Form 17-A, and after ensuring that the Presiding O fficer’s diary is complete and the strong rooms are sealed. He may also be required to stay till the completion of counting. The Expenditure Observer shall once again visit the district on 25th day after theCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ performing the function of the G eneral Obs erver, he w ill leave the constituency only after scrutiny of Form 17-A, and after ensuring that the Presiding O fficer’s diary is complete and the strong rooms are sealed. He may also be required to stay till the completion of counting. The Expenditure Observer shall once again visit the district on 25th day after the declaration of results of election and stay in the district for 8 clear d ays to assist the DEO in scrutinizing the statements of accounts of election expenditure submitted by the candidates after the declaration of results. He should be present in the Account Reconciliation Meeting to be convened by the DEO on the 26th day after the declaration o f results. The DEO shall facilitate the lodging of accounts by a ll within 30 days of declaration of result. Role of Expenditure Observer: Expenditure Observers are the eyes and ears of the Commission for monitoring of election expenditure . The E xpenditure Observer shall supervise and guide all the election expenditure monitoring personnel engaged in the constituency . He shall guide the DEO in imparting final training to all the expenditure monitoring personn el. He shall supervise the functioning of the Assistant Expenditure Observers. He shall give final training to the Assistant Expenditure Observers and ensure that proper training is imparted to the official deploy ed in th is ro le. There may be more than one AEO for the constituency, depending on the requi rement. He shall periodically inspect the functioning of all the teams engaged in expenditure monitoring and wherever there is laxity or irregularities in functioning of any of the teams, he shall bring it to the notice of the DEO. The DEO shall take corrective steps immediately on the recommendation of the Expenditure Observer. He shall inspect the expenditure register of each candidate at least three times during theCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ of all the teams engaged in expenditure monitoring and wherever there is laxity or irregularities in functioning of any of the teams, he shall bring it to the notice of the DEO. The DEO shall take corrective steps immediately on the recommendation of the Expenditure Observer. He shall inspect the expenditure register of each candidate at least three times during the camp aign period and give his comments on the discrepancies. The dates of inspection should be fixed in such a way that the gap between two inspections shou ld not be less than 3 days and the last inspection shou ld be fixed not earlier than 3 days from the poll day, so that major campaign expenditure is covered under inspection. For any understatement of expenditure in the candidate’s register, the Expenditure Obs erver shall give his remarks in the candidate’s register during inspection and put his signature. The same shall be noted in the Shadow Observation Register and the signature of the election agent/candidate obtained on it. Such discrepancy shou ld be referred to the RO on 21 the same day, who shall issue notice to the candidate on the same day as per order of Commission, dated 29th May, 2015 (Annexure -C10). In case of any difficulty, the Expenditure Observer shall inform the Commission and seek its guidance. The EO sh all coordinate with the Investigation Directorate of the Income Tax Dept., Nodal Officer of Police, Nodal Officer of State Excise Dept., and ensure that there is free flow and exchange of information among all the agencies. On receipt of information from any agency, action is to be taken promptly by the law enforcement agencies concerned. In case action is not taken in time by any agency, he shall immediately bring it to the notice of the Commission, with a copy to the CEO. In the past, som e instances have been brought to the notice of the Commission in which theCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ any agency, action is to be taken promptly by the law enforcement agencies concerned. In case action is not taken in time by any agency, he shall immediately bring it to the notice of the Commission, with a copy to the CEO. In the past, som e instances have been brought to the notice of the Commission in which the action of the Expenditure Obser ver gav e the impression that he had exceeded his brief by getting actively involved in enforcement action. The Commission, therefore, reiterates that the guidelines cont ained in the above -said para of the Compendium should strictly be adhered to by all the Expenditure Observers and they should not be involved in any action being taken by the Enforce ment Agencies as per their laws. (Annexure -B19) In cas e of any seizure by the Surveillance Teams, Flying Squads, Investigation Directorate of Income Tax o r by P olice o r State Excise Dept., he shall communicate report to the Commission on the sa me day with a copy to the CEO. He shall mention the suppression of campaign expenditur e, if any, vis -a-vis the Shadow Observation Register, noticed during inspection of day to day accounts of the candidates. In this regard Order of the Commission issued on 29th May, 2 015 ( Annexure -C10), for formation of District Expendit ure Monitoring Committee and decision on th e replies of the candidates shall be followed. He shall e nsure that a copy of this order is served on all candidates. During his last visit, he s hall assist the DEO in submitting the Scrutiny Report correctly. In case he does not agree with the DEO, he shall mention all the reasons citing evidences, in the space provided for his comments in the DEO’s Scrutiny Report. Expenditure Observer Reports: The Expend iture Observer has to submit the following reports: (i) Arrival and Departure Report within 24 hou rs (Annexure -B1), (ii) First report on the third day of his first visit i.e., after the date of no tificationCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ evidences, in the space provided for his comments in the DEO’s Scrutiny Report. Expenditure Observer Reports: The Expend iture Observer has to submit the following reports: (i) Arrival and Departure Report within 24 hou rs (Annexure -B1), (ii) First report on the third day of his first visit i.e., after the date of no tification (Annexure -B2), (iii) Second report within 24 Hrs. after withdrawal of candidature during the 2nd visit. (Annexure -B3), (iv) Third report after the poll (Annexure -B4) and (v) Fourth and final report after his 3rd visit (Annexure -B5) 22 Expenditure Observers are required to furnish Feedba ck/Status Report on deployme nt of variou s Election Expenditure Monitoring teams, seizure, insp ection of accounts of contesting candidates, strategy for the last 72 hours before poll etc. in his/ her co nstitue ncy for Video Conference (VC) with the Commission in the prescribed proforma (Annexure -B6). Schedule of VC is intimated to Expenditure Observer s during election pe riod. He shall also inform to the MCMC of all the instances of suspected Paid News brought to his notice independently, by any source, on the same day for necessary acti on. Besides, he shall report to the Commission, in his third repor t, all the instances of Paid News as decided by the MCMC, and forward a photocopy or CD/DVD of the A dverti sement/ Paid News to the Commission, with a copy to the CEO.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 2. Assistant Expenditure Observer (AEO): Assistant Expenditure Observers (AEO) shall be appointed for each constituency on d ate of notification of election by the DEO and if a change is sugg ested by the E xpenditure Observer, the same shall be carried out. The AEO shall be of the rank of Group B Officer or equivalent in other Central Government Services. If the officers of Income Tax Dept. are engaged by the Investigation Directorate for the seizur e of ca sh and goods, then such names should not be requisitioned for the AEO’s duty . If there is absence of such officers in the district, then officers of the State Treasury or Finance Department may be nominated. He shou ld prefera bly be a local officer, pos ted within the same district or nearby but whose work place and home town shou ld not be in the same Constituency. The AEO shall be provided w ith a vehicle, one personal security officer and a local SIM card and o ffice space in the office premises of the RO, as he will be coordinating w ith all the teams, nodal officers and the Expenditure Obs erver. If the HQ of the AEO is different from the constituency, he shall be provided with lodging and boarding in the constituency. Assistant Expenditure Observer shall be deployed in the constituency from the date of the notification upto date of p oll/re -poll, if any and shall not leave the constituency without the permission of the Expenditure Observer. However, Assistant Expenditure Observer shall report for duty o ne day before the day of counting and again on 25th Day to 37th Day after declaratio n of result of election, for the purposes of giving training to th e candidates or his election agents in submission of account of election expenses and to assist in preparation of the DEOs Scrutiny Report and Expenditure Observe r Report. He shall be finall y relieved after 37th day of declaration of results. ( Annexure -B 18) 23Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ declaratio n of result of election, for the purposes of giving training to th e candidates or his election agents in submission of account of election expenses and to assist in preparation of the DEOs Scrutiny Report and Expenditure Observe r Report. He shall be finall y relieved after 37th day of declaration of results. ( Annexure -B 18) 23 There sh all be at least one Assistant Expenditure Obs erver for each Assembly Constituency/Segment. But in expenditure sensitive constituencies, there may be two or more Assistant Expenditure Observers - one for outdoor recording of events and other for coordination with the teams. The Assistant Expenditure Observer shall see reports of the video CDs, read all the complaints and reports with respect to each candidate, and study the Shadow O bservation Register and the candidate’s Expenditure Register. He shall supervise the maintenance of the Shadow Observation Register and Folder of Evidence. The Ass istant Expenditure Observer shall be trained by the DEO before arrival of EO and he shall work under the supervision and guidance of EO. He shall ensure that all the expenditure related reports/ orders in respect of each candidate are obtained from all the teams engaged in Expenditure Mon itoring and are properly reflected in the candidate’s day to day accounts of Election Expenditure. In case of complaint of corrupt practice, he sh all pass on the same to the Flying Squads for immediate action and inform the Expenditure Observer immediately. The Flying Squads shall report to him about action taken on each complaint. If no action is taken by the squad or there is delay in taking action, he shou ld bring it to the notice of Expenditure Observer, who in turn shall report to the Commission with a copy to the DEO and the CEO. If he thinks that the SST is not working properly or is not correctly deployed he may sug gest changes to ensure that major arterial roads are covered by SSTs.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ squad or there is delay in taking action, he shou ld bring it to the notice of Expenditure Observer, who in turn shall report to the Commission with a copy to the DEO and the CEO. If he thinks that the SST is not working properly or is not correctly deployed he may sug gest changes to ensure that major arterial roads are covered by SSTs. He shall submit a daily report to the Expenditure Observer on all his activities as per Annexure -B14. Till the EO reaches the Constituency, the AEO shall submit his report to DEO /RO wh ich shall be brought to the notice of the EO afterwards. The Folder of Evidence shall have all records of the evidences collected during the campaign. He sh all make it available to the Expenditure Observer at the time of inspection of the candidate’s register for election expenses. In case of any evidence of supp ression or und erstatement of expenses is found in the candidate’s register, the Assistant Expenditure Obs erver shall bring it to the notice of the Expenditure Observer and through him to the candidate appropriately during the inspection. On the days fixed for inspections of register of a candidate, the Assistant Expenditure Observer assigned to keep a watch on the expenditure in that constituency should be present, along with the Shadow Observation Register and Folder of Ev idence. 24 The Assistant Expenditure Observer shall assist the EO and also the DEO in submission of his scrutiny report to the Commission. He shall remain present during the third visit of Expenditure Observer to the district and shall assist him in his task. The Assistant Expenditure Ob server shall co-ordinate with the Media Certification and Mon itoring Committee (MCMC) at the district level and report to the Expenditure Obs erver about its effective functioning. If all the cables/channels/newspapers are not being watched by this committ ee, it shou ld be b rought to the notice of the ExpenditureCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ The Assistant Expenditure Ob server shall co-ordinate with the Media Certification and Mon itoring Committee (MCMC) at the district level and report to the Expenditure Obs erver about its effective functioning. If all the cables/channels/newspapers are not being watched by this committ ee, it shou ld be b rought to the notice of the Expenditure Observer/Commission immediately with a copy to the DEO and the CEO. If any campaign related public rally/procession/event could not be videographed due to unavailability of a videographer, the Assistant Expenditure Observer shall mention such incident in the Shadow Observation Register. If any advertisement in print or electronic media is not reported by the media committ ee, the Assistant Expenditure Observer shall obtain a copy and mention it in the Shadow Observation Register. In case of Assembly e lectio ns an Accounting Team will function in each assembly constituency and maintai n the Shadow Observation Register (SOR) & Folder of Evidence (FOE) for ea ch candidate. In cas e of Lok Sabha election, the Assistant Expenditure Observer (AEO) & team for each Assembly segment will maintain SOR & FOE separately for each candidate and their reports to the AEO (Hq. AEO) of the Assembly segment where RO is based. T he Hq. AEO and his team shall co -ordinate with all other AEOs of the Assembly segments and will ensu re tha t these accounts are collated at the time of inspection. The AEO will functio n from the date of notification. ( Annexure -B20)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 3. Video Surveillance Teams (VST): One or more Video Surveillance Team shall be deployed for each Assembly Constituency/ Segment consisting of at least one official and one videographer. If necessary, more teams may be deployed on the recommendation of the E xpenditure Observer. The Assistant Expenditure Observer shall personally supervise videography of sensitive events and big public rallies in the constituency. If more than one public rally is organized on the same day, more than one video teams shall be deployed to record the procession and the rally. The Video Surveillance Team shall be properly trained and oriented to capture all the expenditure related events and evidences. The Video Surveillance Team, at the beginning of the shoo ting shall record in voice mode the title and the type of event, date, place and the name of the party and candidate organizing the event. It shall videograph the vehicles/event/poster/cut-outs etc. in such a way that the evidence of each vehicle, its make and registration number, items of furniture, size of rostrum, banner and cutout etc. can be clearly seen and the expenses thereon can be calculated. Wherever possible, 25 statements of the drivers and passengers of the vehicles sho uld also be recorded to prove that the vehicles were used for election pu rpose, if such vehicles are parked outside the venue of rally. During the shooting of the event, the video team shall also record in voice describing the estimated number and types of vehicles, chairs/ furniture/ lights/ loudsp eakers etc., the approximate size of rostrum/banner/poster/cutout etc. used in the event. It will then be easier for the Video Viewing Team to cross check with reference to the visuals and estimate the expenditure of the event. They will also record the speech and other events to monitor whether any Mod el Code of Condu ct (MCC) violation has occurred.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ approximate size of rostrum/banner/poster/cutout etc. used in the event. It will then be easier for the Video Viewing Team to cross check with reference to the visuals and estimate the expenditure of the event. They will also record the speech and other events to monitor whether any Mod el Code of Condu ct (MCC) violation has occurred. The video surveillance team shall prepare a Cue Sheet at the time of recording in the format given in Annexure -B15. This cue sheet shou ld be given to the viewing team along with the recor ded CD. The v ideo CD should have a unique identification number, date and name of the staff/officer and should always be kept with the cue sh eet. The purpose of maintaining a cue sheet is to see at a glance the evidence available in the CD and also to view the relevant part of the evidence in a short time. In case of more than one event or public rally or procession on the same day, appropriate number of video teams shou ld be deployed and the DEO will provide all logistics required by the Assistant Expenditure Observer. Video Surveillance Teams (VSTs) will function from the date of an nouncement of election and shall continue with their duty upto date of poll/re -poll, if any. ( Annexure -B18 & B20 )Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 4. Video Viewing Team (VVT): There shall be a Video Viewing Team for each Assembly Constituency/Segment with one officer and two clerks. The Video Viewing Team shall make CDs in house out of the video recordings, captured by Video Surveillance Teams. Video recordings shou ld not be given to any outside agency for editing or for any other purpose to avoid manipulation by any outsider. The video CDs captured by video surveillance team sh all be viewed by the Video Viewing Team daily t o identify expenditure related issues and MCC related issues. They shall submit, on the same day and in any case not later than the next day, their reports related to expenditure to the A ccounting Team / Assistant Expenditure Observer. In expenditure related reports, the team will put the registration nu mber of all the vehicles and their make, size of the dais, the number of chairs, size of the text in Banner/Poster, size and number of cut-outs and all other items of expenditure captured in the video. The reports/observations related to the MCC shall be submitted by this team to 26 the General Observer/RO. The Accounting Team and the Assistant Expenditure Obs erver shall calculate the total expen diture as per the notified rates of the items used, based on the video evidences and make the relevant entries in the Shadow Observation Register for the candidate concerned. The same shall be compared with the candidate’s register wh en that is produced before the Expenditure Obs erver for verification. As explained earlier, any suppression or omission shall be pointed out for corrective measures in writing by the R.O. immediately within 24 hours. Video Viewing Teams (VVTs) will function from the date of ann ouncem ent of election and shall continue with their duty upto date of poll/re -poll, if any. (Annexure -B18 & B 20)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 5. Accounting Team (AT): There shall be at least one A ccounting Team for each Assembly Constituency/Segment consisting of one official and one Assistant / Clerk. The p ersonn el of the Accounting Team shou ld be drawn from the accounts sections of various Government departments, or Public Sector Undertakings. The accounting teams shall work under the guidance of the Assistant Expenditure Observer for maintaining the ‘Shadow Observation Register’ and ‘Folder of Ev idence’ of each candidate of the Assembly Constituency / Segment. They shall enter the items of expenditure, as reported to them and put the notified rates against each item and calculate the total expenditure on the items for each candidate. The format of `Shadow Observation Register` is given at Annexure -B13. There are cases when election campaign material is used after filing of nomination, though it might have been paid for before the nomination is filed. The team shall ensure that the expenditure on all the election campaign material which is used after the filing of nomination is included in the Shadow Observation Register, though the payment for it may have been made before filing of nominations. Similarly, the expenditure on rally or procession in connection with filing of nomination should be shown as part of the election expenditure. Accounting Team will function from the date of announcement upto date of poll/re -poll, if any, for the purpos e of ac counting the expenditure of the political parties and after nomination s are filed, the candidate’s accounts will be maintained by the team as p er the instructions. However, Accounting Team shall report for duty one day bef ore the day of counting and again on 25th Day to 37th Day after declaration of result of election, for t he purposes of givi ng training to the candidates or his election agents i n submission of account of election expenses and to assist in preparation of the DEOs Scrutiny Repor t andCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ instructions. However, Accounting Team shall report for duty one day bef ore the day of counting and again on 25th Day to 37th Day after declaration of result of election, for t he purposes of givi ng training to the candidates or his election agents i n submission of account of election expenses and to assist in preparation of the DEOs Scrutiny Repor t and Expendi ture Observer Report. Accounting Team shall be finally relieved after 37th day of declaration of results. ( Annexure -B18 & B20) 27 In case of Assem bly elections an acc ounting team will function in each assembly constituency an d maintain the Shadow Observation Register (SOR) & Folder of Evidence (FOE) for each candidate. In case of Lok Sabha electi on, the Assistant Expenditure Observer (AEO) & team fo r each Assembly segment will maintain SOR & FOE separately for each candidate and their reports to t he AEO (Hq. A EO) of the Assembly segment where RO is based. The Hq. AEO and his tea m shall co -ordinate with all other AEOs of the Assembly segments and will ensure that these a ccounts are collated at the time of inspection. The AEO will function from the date of notification. ( Annexure -B20)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 6. Complaint Monitoring Control Room and Call Centre: A 24X7 Call Centre shall be established in the Control Room at the district level to operate from the date of announ cement of election. The call centre shall be given a toll free telephone number with 3 or 4 hunting lines which will be widely publicized for the public to inform the election monitoring machinery regarding corrupt practices related to the election. A senior officer shall be put in-charge of the control room and call centre who shall be respons ible for receiving and recording the complaints and passing them on to the officer concerned or the flying squad for action without any delay. The call centre will be provided with sufficient staff to man the telephone lines round the clock. All voice complaints made by any member of the public/whistle blower shou ld be entered in the complaint register with timings noted against each complaint and should be entered into a register to be maintained in the format given in Annexure -B17. The expenditure related complaints are to be passed on immediately to the officer concerned of the Flying Squad with intimation to the Expenditure Observer, and in case of M CC related complaints, a copy is to be passed on to the General Observer. The Expenditure Observer and G eneral Observer shall inspect this register from time to time to ensure that the control room functions smoothly and the complaints are passed on instantly for further necessary action.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 7. Media Certification and Monitoring Committee (MCMC) and Paid News : There shall be a Media Certification and Mon itoring Committ ee (M CMC) in each district. For detailed instructions and g uidelines the latest “Compendium of Instruction on Media Related Matters ” may be referred to. If the MCMC finds any advertisement or advertorial published in print media, it shal l bring it to the notice of Expenditure Observer and a copy of the same will be placed in the Fol der of Evidence. The expenditure on this advertisement will be mentioned in the Shadow Observation Register and intimated to the candidate during inspection of his register. As per section 127 A of the R.P. Act, 1951, no person shall pr int or publish or cause to be printed or published any election pamphlet or poster, handbill or other document without mentioning 28 the name and address of the printer and the publisher, and without obtaining d eclaration from the pub lisher which is attested by two persons. It is the respons ibility of such press to deliver a copy of the declaration along with copy of the document to the DEO/CEO, w ithin a reasonable time after printing the document. Paid News: The “Paid News” has been defined by the 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 h as decided to go by this definition. The MCMC shall see all the newspapers, print media, electronic media, cable network, mobile network and other modes of mass communication, like bulk SMSs etc., and keep record of the advertisements, advertorials, messages, discussions and interviews relating to the candidates and parties. This committ ee will submit a Daily Report with respect to each candidate in a prescribed format to the accounting team with copy to RO and Expenditure Observer with respect toCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ modes of mass communication, like bulk SMSs etc., and keep record of the advertisements, advertorials, messages, discussions and interviews relating to the candidates and parties. This committ ee will submit a Daily Report with respect to each candidate in a prescribed format to the accounting team with copy to RO and Expenditure Observer with respect to expenditure incurred by the candidate on election advertising including the assessed cases of Paid News, along with suppo rtive paper cuttings/clippings, recordings of relevant TV and radio advertisements, wh ich will also be included in the Shadow Obs ervation Register. The RO will issue notice to the candidate with regard to the incidents of Paid News in consultation with the Expenditure Observer for not showing the expenditure on such publication. The Expenditure Observer shall send a report of Paid News along with copy thereof to the Election Commission within 24 hours. The CEO shall obtain standard rate cards from the TV channels/Radio Channels/ News Papers, broadcasting/circulated in the State/UT, six months before due date of expiry of Lok Sabha/State/UT assembly. Such rate cards will be given to the A ccounting Team for calculation of rates of advertisements. The Accounting Team will calculate the expenditure involved at the DAV P/DIPR rate, whichever is lower, and will mention it in the Shadow Observation Register. The Expenditure Observer will bring such discrepancies to the notice of the candidate/his election agent at the time of inspection and mention the discrepancies in the expenditure on account of Paid News in the remarks column of the Register of Election Expenses of the candidate. The copies of all such notices along with the paid news shou ld be displayed on the no tice board of RO and the District Election Website/ CEO Website. The copies of the same can be given to any member of public on payment of Rs.1/- per page. 29Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 8. Flying Squads (FS) and Static Surveillance Teams (SSTs ): There shall be three or more dedicated Flying Squads in each Assembly Constituency/Segment for tracking of illegal cash transactions or any distribution of liquor or any other items suspected of being used for bribing the voters. The Flying Squads shall consist of one Senior Executive Magistrate as the head of the team, one s enior police officer, one videographer and 3 to 4 armed police personn el. They are to be provided with a dedicated vehicle, mobile phon e, a video camera and necessary Panchnama documents required for seizure of cash or goods. There shall be three or more static surveillance teams i n each Assembly Constituency with one Magistrate and three or four police personnel in each team. This team shall put up check posts and keep a watch on the movement of large quantities of cash, illegal liquor, any suspicious item or arms being carried in their area. The entire process of checking shall be videographed. The locations of static surveil lance teams shall be changed periodically to maintain an element of surprise. Flying Squads will be o perational from the date of announcem ent of the elections a nd Static Surveillance Teams will function from the date of notification as per the Standard Operatin g Procedure (SOP) date d 29th May, 2015 ( Annexure -G7, An nexure -B20) upto date of poll/re - poll, if any ( Annexure -B18). However, Flying Squads and Static Surveillance Teams shall be kept deplo yed in poll gone States/UTs and States/UTs where polls are schedule d in phases, as under: - Case -I: In case of States/UTs where polling is over , FSs and SSTs shall be kept active at strategic locations and in districts sha ring borders with neighboring States/UTs. Case -II: In case of States where polling is scheduled in ph ases, Flying Squads sh all be kept active as under: - (i) One Flying Squad may be continued in each assembly segment of Par liamentaryCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ Case -I: In case of States/UTs where polling is over , FSs and SSTs shall be kept active at strategic locations and in districts sha ring borders with neighboring States/UTs. Case -II: In case of States where polling is scheduled in ph ases, Flying Squads sh all be kept active as under: - (i) One Flying Squad may be continued in each assembly segment of Par liamentary Constituency, where polling is over, till the en d of election process in the entire state; and (ii) Flying Squads/SSTs may be kept o perational in full strength, as per SOP dated 29th May, 2015 in the entire d istrict where polls are going to held in multiple phases, till the end of poll in the entire district. ( Annexure -B21)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 9. Expenditure Monitoring Cell: The DEO sh all appoint one s enior officer, not below the rank of SDM/ADM, conversant with accounting as the Nodal Officer of the Expenditure Mon itoring Cell. All teams mentioned above and the Nodal Officer shall constitute the Expenditure Mon itoring Cell. 30 10. Identification of Expenditure Sensitive Constituency (ESC) and Expenditure Sensitive Pockets (ESP ) 10.1. The Chief Elect oral Officer of the State/UT will organise a meeting with t he State Level Nodal Officers of variou s enforcement a gencies at least 6 months be fore the month of expiry of the Legislati ve Assembly of the State/UT and/o r Lok Sabha , to ident ify mapping of sensitivities on two main grounds and identify ESCs: a. Functionalities like main cohort s of cash, li quor, drugs, precious metals and fre ebies. b. Area wise sensitiv ities (District wise, group of di strict wise, AC wise) 10.2. The D istrict Election Officer (DEO) , Superintendent of Police (SP) in consultation with the Expenditu re Observer (EO) , deployed in the const ituency shall identify the Expenditure Sensitive Pockets (ESPs) in the constituency during first visit of the EO . 10.3. Standard Operating Proc edure (SOP) for identification of ESCs and ESP s is available in Annexure -G12.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 11. Nodal Officers (a) Nodal Offic er in the CEO Office: The CEO shall appoint one senior officer in his office, not below the rank of Jt. CEO, for coordination on expenditure monitoring with Commission, training of election expenditure monitoring related personn el and political party functionaries, coordination with all the DEOs, other Nodal Officers in the state, Expenditure Obse rvers, all enforcement agenci es involved in electi on expenditure monitoring and with the Commission. He will compile information regarding all types of seizure mad e during the election period and e-mail the same in Annexure -B7 to the Commission on a daily basis by 3 PM and also compile and send the same i n Annexure -C3 to the Commission by 1 PM on the day of poll. Apart from above, h e will also co-ordinate with enforcement agencies and Nodal Officers of CEOs of ne ighbouring States/UTs and furnish weekly report on seizure made at both side s of the Inter Stat e Border Checkposts/Areas of the poll bound State/ UT with the neig hbouring State s/UTs to the Commission on every Monday in Annexure I & II placed with Anne xure -B7. (b) Nodal Officer of Police: One officer of the level of Inspector G eneral at the Police Head Quarters of the state, as selected by the Commission, shall be notified as the Nodal Officer for coordination with all flying squads, SSTs, law enforcement agencies and with the Commission. His office telephon e/fax nu mber and mobile 31 number shall be intimated to the Expenditure Observers, Investigation Directorate, Excise Department and other law enforcement agencies during election. He shall train all the master trainers of the districts, who in turn shall train all personnel engaged in Flying Squad or SST. He shall be respons ible for coordination w ith other law enforcement agencies, engaged in the election expenditure monitoring. He shall compile the seizure reports by the FSs and SSTs sent by the SPs ofCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ train all the master trainers of the districts, who in turn shall train all personnel engaged in Flying Squad or SST. He shall be respons ible for coordination w ith other law enforcement agencies, engaged in the election expenditure monitoring. He shall compile the seizure reports by the FSs and SSTs sent by the SPs of districts and send the composit e Daily Activity Report as per Annexure - B8, B9 & B10 by fax to the Expenditure Mon itoring Cell of Commission every day, with a copy to the CEO and als o compile and furnish to the Commission in Annexure -C4 by 1 PM on t he day of poll. (c) Nodal Offic er of Income Tax : The Commission, be fore an nouncement of General Election , appoints a Nodal Officer in the office of DGIT (Inv) not below the rank of Addl./Joint D IT (Inv. Wing) for sharing of information etc. wit h the Com mission and CEO of state for effectiv e implementation of Election Expenditure Monitoring by way of seiz ure of unaccounted m oney suspected to be used in election etc. and submission on alte rnate days of the report in the prescribed format ( Annexure - B11) and also compile and fu rnish to the Commission in Annex ure-C5 by 1 PM on the day of poll. The Air Intelligenc e Units and separate compliant monitoring cell of the Income Tax Department will start fun ctioning from the date of announcement. (Annexure -B20) (d) Nodal Officer of Excise: The Commiss ion, before anno uncement of General Election, appoints a Nodal Off icer (Excise) not be low the rank of Commissioner for flow of information etc. with th e Commission and CEO of State for effective implementation of Electio n Expenditure Monito ring by repor ting of seizures ma de of illicit liq uors by them during electioneering and also for reporting of related statistics in the prescribed format. ( Annexure -B12) and al so compile and furnish to the Commission in Annexu re-C6 by 1 PM on the day of poll. Liquor moni toringCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ implementation of Electio n Expenditure Monito ring by repor ting of seizures ma de of illicit liq uors by them during electioneering and also for reporting of related statistics in the prescribed format. ( Annexure -B12) and al so compile and furnish to the Commission in Annexu re-C6 by 1 PM on the day of poll. Liquor moni toring measures will be undertaken from the date of announcement o f elections as per t he instructions and the reporting will be done from the date of a nnouncement. (Annexure -B20) (e) Nodal Officer of Expenditure Monitoring Cell: (i) The Nodal Officer of Expenditure Mon itoring Cell in the district headquarters will coordinate with the DEO for providing adequate manpower 32 and facilities of office space and equipment. The Nodal Officer will train the manpow er engaged in various teams of the expenditure monitoring work well in advance, before the no tification of election. The DEO can deploy any other officer or employee whose s ervices are required for expenditure monitoring. (ii) The Expenditure Mon itoring Cell shall be responsible for video graphing all public meetings/rallies political parties/potential candidates during the period between announ cement of election by ECI and notification of election. All such expenditure incurred by political parties as per the video CDs/DVDs are to be calculated by this Cell and handed over to DEO for estimating the expenditure by the political parties, during such period. Although this expenditure is not to be included in candidate’s register, the party has to show this expenditure to the Commission, within 75 days of Assembly Poll or 90 days of Lok Sabha poll. The CEO shall collect district-wise report as to the total expenditure by the party during this period and also the period up to declaration of result and forward to the Commission within 45 days of declaration of result. The Toll free number in complaint Mon itoring Cell shall be given wideCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ or 90 days of Lok Sabha poll. The CEO shall collect district-wise report as to the total expenditure by the party during this period and also the period up to declaration of result and forward to the Commission within 45 days of declaration of result. The Toll free number in complaint Mon itoring Cell shall be given wide publicity encouraging the public to register complaints. The Assistant Expenditure Observers (AEOs), FSs, SSTs, Video Surveillance Teams (VSTs), Video Vie wing Teams (VVTs) and Accountin g Teams shall conti nue with their du ty only up to date of poll/re -poll. Howe ver, the AEOs and Accounting Teams shall report for duty one day before the day of coun ting and again on 25th day after the date of decla ration of re sult and shall remain for a period of eight days, for the purposes of givi ng tr aining to the candida tes/ele ction agents in submission of accounts of election expenses and to assist in p reparation of the DEOs Scrutiny Report and Expenditure Observer Report -IV. The AEOs and A ccount Teams shall be relieved thereafter.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 12. If FS/S ST/Po lice Authority/Release Commi ttee, deployed/constituted in pursuance of the Commission’s SOP no. 76/Instructions/ EEPS/2015/Vol. II, dated 29th May, 2015 (Annexure -G7) finds no li nkage of the intercepted/seized foreign currenc y with any candidate or his /her agent or party worker s or po litical pa rty then information shall be passed on to the 33 concerned Nodal Of ficers in Directorate of Revenue Intelligence and the Enforcement Director ate for necessa ry action und er relevant Acts (Annexure B22 ).Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ 13. Election Seizure Management System (ESMS) To curb the menace of money power in elections, the Commission requisitions ser vices of various Enforcement Agencies viz. Central Board of Direct Taxes, Central Board of Indir ect Taxes & Cust oms, State Police Department, State Excise Department, Enforcement Department, Directorate of Revenue Intelligence, Financial Intellige nce Unit -India, Narcotics Control Bureau, Department of Posts, Railway Protection Force, paramilitary forces like Border Security Force, Central Industrial Security Force, Indo Tibetan B order Police, Sashastra Seema Bal, Assam Rifles, Indian Coast Guard etc. As w as the existing practice, the Chief Electoral Offi cer manually compiled the seizure reports rece ived from these Enforcement Agencies and sent day to day compiled seizure report to th e Commission by e -mail/post. The procedure of compilation of seiz ure reports manually by the Chief Electoral Office was cumbersome, not exactly real time based and was a complex process where lot of time in reporting and compiling was involved. A need was felt for developing a software which does real time reporting and removes unnecessary complexities in the process. Hence, a software called ‘Election Seizure Management System’ has been developed by the ECI. This has been implemented at CEO & DEO level for the first time in General Election s to Legislative Assemblies o f Chhattisgarh, Madhya Pradesh , Mizoram, Rajasthan and Telangana , 2023 . As observed, the software ensured reflection of r eal time seizure efforts from the field. It has helped the person s involved in expenditure monitoring to save time spent on collecting and compi ling reports of various agencies and saved time was utilized for qualitative analysis and planni ng further. It facilitates -  Removal of redundancy and duplicacy  Real time reporting  Co-ordination among st enforcement agencies  Analysis of seizure sCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Introduction.txt _ helped the person s involved in expenditure monitoring to save time spent on collecting and compi ling reports of various agencies and saved time was utilized for qualitative analysis and planni ng further. It facilitates -  Removal of redundancy and duplicacy  Real time reporting  Co-ordination among st enforcement agencies  Analysis of seizure s  Record keeping Recent elections have seen that the working of the app has been quite succ essful . The C EOs and DEOs as wel l as Enforcement Agencies could focus on analytical part for planning forthcoming strategies for effective expenditure monitoring. The seizure a mount also increased multifolds as compared to pre vious Assembly elections in these States. 34 Flow char t of the teams involved in Expend iture Monitoring. Accounting Team Exp. Obs. Control room and 24x7 Call Centre FSs( Flying Squads )- complaints of bribe /freebies / Illegal expenditure VSTs (Video Surveillance Team s) - monito rs public meetings / rallies MCMC (Media Certificati on and Monitoring Committee) RO DEO BAG ( Booth Level Awareness Groups) ECI Income Tax Department SSTs (Static Surveillance Team s)– to check transportation of cash or liquor etc., State Excise Deptt 35Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ #Checklist for CEO: [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before announcement of elections: - 1. To appoint a Nod al officer in the CEO office for Election Expenditure Monitoring (EEM) training, reporting to Commission and to also co -ordinate with the state Police Dept., Income Tax Dept (Inv.), State Excise Dept. and to forward to the Secretary (EEM) at the Commission , the names, telephone no. & mobile no., e -mail and address of all these Nodal Officers, before announcement of election in state. 2. To compile list of Expenditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs), within the ACs and s end the list to the Commission well in advance, preferably six months in advance from the date of completion of the term of Assembly, along with the slotting for Expenditure Observers and the allotment of districts. 3. To translate into the local language an d print the Compendium of Election Expenditure Instructions in sufficient numbers and to distribute copies to candidates, officers engaged in EEM, Nodal Officers of all departments, DEOs and SPs, Political parties and Media. 4. To print all the registers and forms required for reporting by the candidates and the teams engaged in expenditure monitoring. 5. To identify and prepare for training of all Master Trainers / Nodal officers, to be deployed (at district level in DEO office, Police and Excise Department) for EEM in the state, in advance. 6. To identify man power in all districts for Asst. Exp. Observers, members of VST,VVT, FS, SST, MCMC and Accounting Teams and to impart two or three training programmes for each member of the team and to ensure that the manpow er for FS/SST/VST/Accounting Team/MCMC/District level complaint centre are properly trained.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 6. To identify man power in all districts for Asst. Exp. Observers, members of VST,VVT, FS, SST, MCMC and Accounting Teams and to impart two or three training programmes for each member of the team and to ensure that the manpow er for FS/SST/VST/Accounting Team/MCMC/District level complaint centre are properly trained. 7. To ensure that officers are identified in advance by all districts that will be notified as Executive Magistrates for the Flying Squads (FS) to be deployed from th e date of announcement of election till the date of completion of election. 3518. To ensure that vehicles for all the teams, Video cameras/ Web cams etc. for FS/SST/VST and TVs with cable connections for the MCMC, are arranged by the DEOs. 9. To ensure that vehicl es to be used by FST/SST are GPRS enabled. 10. To prepare for workshop for political parties at State level with regard to the EEM Instructions issued by the Commission. To prepare sensitisation workshop on EEM for the Media. 11. To obtain media advertisement rate s, DIPR and DAVP rates for the State/district. 12. To liaison with Excise Commissioners and Police Commissioners of bordering states with regard to control of flow of illicit liquor, drugs etc. to or from the state during elections. 13. To liaison with the Directo r General of Income Tax (Investigation) of the state to get the Airport Intelligence Units (AIUs) operational at all commercial airports in the state and to identify all operational non -commercial airports/airstrips/helipads in the state and see that prope r checking arrangement is done. 14. To liaison with BSF, or ITBP, if state has international border and to sensitise them reg. movement of cash, liquor or drugs during election. 15. To pursue all old pending cases of last election where FIRs were filed and take th em to logical conclusion.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 14. To liaison with BSF, or ITBP, if state has international border and to sensitise them reg. movement of cash, liquor or drugs during election. 15. To pursue all old pending cases of last election where FIRs were filed and take th em to logical conclusion. 16. To ensure that all the cases of accounts of election expenses of candidates pertaining to the last Assembly elections have been disposed of. Ethical Voting: - 17. To form Booth Level Awareness Groups (BAGs) and equip them with all eth ical voting materials and the software to upload photo/video of malpractices and to ensure that the DEOs have sensitisation meeting with BAGs for ethical voting campaign, signing pledge letters etc. 18. To organise meeting with all Citizen Societies (CSOs)/NGO s of the State, educationists, academicians, media person of the state to spread the message of ethical voting. 19. To prepare all advertisement matters like audio, video, visuals slogans etc. on ethical voting. 35220. To organise debate, slogan, cartoon competitions in schools and colleges on ethical voting and to circulate pledge letters/signature campaign for ethical voting and against bribery. 21. To have partnership with media organisations on ethical voting campaign and penal provisions of bribery. 22. To update the web site data on the status reports of the registered political parties regarding their annual Audit report, election expenditure statement and contribution reports. B. After announcement of election: - 23. To start functioning of the District Level Complaint Monitor ing Centre, FSs, VSTs, VVTs, Accounting Teams from the date of announcement of election to capture expenditure of all major rallies, to attend to complaints and to enforce Model Code of Conduct. After announcement, the party expenses are to be captured by VST and FS and compiled reports sent to CEO, for each party, so that the expenditure statements filed by the parties are tallied subsequently.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 24. MCMC to start functioning from date of announcement. 25. To make arrangements at district level, for up -loading sca nned copies of all the Affidavits of Criminal cases, Assets & liabilities on the CEO website, within 24 hours of these being filed by candidates of the recognised political parties and in case of other candidates one day after the scrutiny of nomination fo r public display. 26. To direct the DEOs to ensure that the SSTs are properly manned and formed to start functioning from date of notification. The reporting by the teams in the relevant formats to start from the day of notification of election. 27. To ensure tha t CAPF are mixed in FS/SST in ESCs. C. After issue of Notification of elections: - 28. To ensure that SSTs are functional in all constituencies and to see that all teams of EEM are functional at constituency and District level and to ensure that FS/SST are mixed w ith CPF in Expenditure Sensitive Constituencies. 29. To publicise in local language in all media about restrictions in carrying cash during election period, the checking of cash and the procedure for appeal against seizure. 35330. To take note of the list of Star C ampaigners received directly by the CEO office or from the Commission, within 7 days of notification of election and circulate among the DEOs/ROs and upload on the website. 31. To ensure that the copies of the Affidavits regarding Criminal cases, Asset and Lia bility are displayed on the notice board of DEOs and scanned copies are uploaded on the website within 24 hrs. 32. To ensure that the dates of three inspections of accounts by all Expenditure Observers are notified. 33. To ensure that the scanned copies of the reg isters of the candidates after each inspection are uploaded on the DEO’s portal with link provided to the CEO’s website. 34. To form State level MCMC and ensure timely disposal of suspected Paid News cases / connected grievances referred, if any.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 33. To ensure that the scanned copies of the reg isters of the candidates after each inspection are uploaded on the DEO’s portal with link provided to the CEO’s website. 34. To form State level MCMC and ensure timely disposal of suspected Paid News cases / connected grievances referred, if any. 35. To ensure t hat strict monitoring is done in ESCs and ESPs. 36. Teams involved in EEM like FS, SST, VST, VVT, EMC, Excise Team, MCMC, DEMC, Accounting Team, 24X7 District EEM Control room etc. are to be strengthened during the last 72 hrs. of poll and CPF be provided to t he FS, SST where required, which are deployed near the polling stations. 37. To have police deployment plan during last 72 hrs as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 38. To ensure that seizure repor ts are sent to the Commission by all Nodal officers in time. 39. To ensure that action is taken on complaints within half an hour. 40. To ensure that all major rallies are videographed. 41. To ensure that ROs promptly file FIR, in cases detected by FS/SST/Accounting T eam. D. On the Poll day: - 42. To forward to ECI (to the Secretary, EEM) the compiled CEO’s report on EEM up to Poll day and including poll day (Ref. Annexure – C3) by/before 1.00 PM, for media briefing by the Commission at 5.00 PM. E. After completion of elections :- 43. To ensure that all seized cash/items are released within 7 days of poll, if no FIR is filed, or, if not handed over to Income Tax Dept. 35444. To ensure proper training at district level (within 23 days after declaration of result) for the candidates and the staff to be engaged at DEO office for receiving the election expense accounts from the candidates. 45. To ensure that Account Reconciliation Meeting is organised with all candidates on 26th day of completion of election, who will come prepared with their draft account statements/reports for reconciliation.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 45. To ensure that Account Reconciliation Meeting is organised with all candidates on 26th day of completion of election, who will come prepared with their draft account statements/reports for reconciliation. 46. To prepare for up -loading on the website (all the Abstract Statement of accounts, filed by the candidates) within 3 days of receipt by DEO office. 47. To ensure that DEOs put on the notice board the details, ment ioning the names of the candidates, date of lodging accounts and time and place at which such account can be inspected, within 2 days of filing of accounts by the candidates. 48. To ensure that DEOs send Scrutiny Reports within 38 days from the date of declara tion of result to the CEO and the same is forwarded to the Commission by 45th day of declaration of result. ( Annexure -C13) 49. To prepare plan for data entry of the “Scrutiny Report” of DEOs in Encore within 3 days of finalisation of scrutiny report by DEOs (Annexure-C17). 50. To pursue all police cases of election offences relating to bribe, where FIR was filed or court case filed and take them to their logical conclusion. 51. To dispose pending suspected Paid News cases, if any, by the State level MCMC before disba nding it and sending the list of cases of Paid News to Commission. 52. To forward the DEO’s Scrutiny & Summary reports to the Commission within 7 days of receipt with comments. The CEO to ensure that DEOs send the scrutiny report along with the DEMC reports a nd notices and candidates’ explanations, if any. 53. To ensure that the DEOs keep the evidences (video CDs etc.,) gathered during election and the Shadow Observation Register in safe custody, to be produced before the Commission in future, in case of a complai nt. Checklist for Candidates : [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Up to the time of nominationCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 53. To ensure that the DEOs keep the evidences (video CDs etc.,) gathered during election and the Shadow Observation Register in safe custody, to be produced before the Commission in future, in case of a complai nt. Checklist for Candidates : [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Up to the time of nomination 1. To open a separate bank account exclusively for election expenditure purposes, at least one day before filing of nomination. 2. To take a copy of Election Expenditure Register from the Returning Officer duly serial numbered and pages numbered and necessary certification regarding number of pages comprising of Cash Register, Bank Register and Day -to-Day Account Register, Abstract Statement (Part I to Part VI along with Schedule 1 to 11 ), Affidavit and Acknowledgment and to receive Compendium of Instructions on Election Expenditure Monitoring from the RO. 3. To notify name of the separate agent for elec tion expenditure, if any, and inform the RO. 4. To attend or to ensure that the Expenditure Agent attends the training programme on election expenditure and on maintenance of Election Expenditure Register organised by the Returning Officer. 5. To know the ceilin g of election expenditure of your constituency and the laws/ instructions regarding election expenditure monitoring. 6. To obtain copy of the notification or rates of election campaign items by the DEO. 7. To go through all instructions on Election Expenditure M onitoring and contact Election Expenditure Monitoring Nodal Officer in case of doubt. 8. To train all workers on the Election Expenditure Monitoring instructions. B. From the date of nomination to the date of declaration of result 9. To maintain a day -to-day a ccounts of all election expenses in the Election Expenditure Register received from the RO.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 8. To train all workers on the Election Expenditure Monitoring instructions. B. From the date of nomination to the date of declaration of result 9. To maintain a day -to-day a ccounts of all election expenses in the Election Expenditure Register received from the RO. 10. To take permission regarding all vehicles to be used for election campaign and to ensure that the permission letter is displayed on windscreen of each such vehicle. 11. To be aware that in case the candidate is not using any vehicles, it should be informed to RO and permission should be cancelled, otherwise deemed expenditure on such vehicles will be computed and added to his expenditure. 35612. To take permission to hold rall y/procession /public meeting with expenditure plan given in Annexure-D1 of the compendium and submit before the date of such rally/ meeting to the RO. 13. To ensure that all expenses for the commercial vehicles hired for the rally are included in the accounts. 14. To ensure that all expenditure on rally attended by the candidate/ photo displayed/ name promoted are added to the account as per Commission’s instruction. To ensur e that expenses tally with the “ Shadow Observation Register ”. Any underestimating/underrepo rting of election expenditure may lead to issuance of `show cause notice by the R.O. 15. To be aware of the provisions of section 127 A of the R. P. Act, 1951 regarding printing of election posters, etc. and passing information to DEO and necessary declarati on to be submitted by the Publisher and Printer in Appendix A & B on printing of poster and pamphlet on part of publisher and printer. 16. To know the provisions of sections 171 B to 171 I of IPC and section 123 of R. P. Act, 1951. 17. To maintain regularly the D ay-do-Day accounts, cash book and bank book from the date of filing of nomination and include all expenses incurred on the date of filing of nomination.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 16. To know the provisions of sections 171 B to 171 I of IPC and section 123 of R. P. Act, 1951. 17. To maintain regularly the D ay-do-Day accounts, cash book and bank book from the date of filing of nomination and include all expenses incurred on the date of filing of nomination. 18. To know the fact that all posters, banners, pamphlets even if printed/ published prior to nomination, but being used/displayed after nomination, shall form the election expenditure of the candidate. 19. To be aware that if the candidates sponsored by any political party (recognised or unrecognised) he should check as to whether list of Star Campaigners submitt ed by the party to the Commission and CEO has been provided to the Returning Officer/Expenditure Observer/Election Expenditure Monitoring Teams for claiming benefit u/s 77 of the R.P. Act 1951 by the party within 7 days of date of notification of Election. 20. To get the details of travel expenses of Star Campaigners (like helicopters)from the party so that necessary correct entries are made in his account statement and to inform the RO within 5 days after landing of aircraft/helicopter in his constituency, abo ut the hiring 357charges paid/payable to the company owning/leasing the aircraft of the helicopter, names of passengers and name of the political party (if the party had borne the expenses for hiring). 21. To ensure that all expenditure in excess of Rs. 10,000/ -and all receipts, contributions, loans, deposits, advances in excess of Rs.10,000/ - should not be in cash, and should be by cheque or draft or bank transfer, through the bank account exclusively opened for the election expenditure purpose. 22. To maintain all the details relating to receipts of funds from party, from own funds, receipts from others by way of donations/gifts/loans etc. Even outstanding/payable amounts are to be included.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 22. To maintain all the details relating to receipts of funds from party, from own funds, receipts from others by way of donations/gifts/loans etc. Even outstanding/payable amounts are to be included. 23. To ensure that in respect of the services/goods received in kind, the name and address of persons must be mentioned in the Accounts register and also be added as expenditure of the candidate. 24. To know that the rates of various items/services utilised in election campaign are fixed by the DEO in consultation with the candidates/ag ents. As such the candidate should ensure that the rate chart is followed for maintaining the accounts. 25. To know that sharing of dais with star campaigner, appeal made by the star campaigner for vote in his favour shall result in the expenditure on such mee tings etc. being treated as expenditure incurred by the candidate and not by the party. 26. To be present either personally or through the agent during the 3 inspections to be done by the Expenditure Observer during campaign period and produce all complet ed accounts/registers. 27. To respond within 48 hours to the communications or notices received from the R.O. regarding discrepancies found in the account of your election expenses. 28. To know about the “Paid news” and the procedure in which the paid new s cases are to be added in the account of election expenses of the candidate. 29. To respond in time to the order passed by the MCMC (At District Level) as regards suspected cases of paid news brought to the notice of the candidate by the RO. If candidate disagrees with the order, an appeal is to be made before the State Level Media Committee, within the stipulated time.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 29. To respond in time to the order passed by the MCMC (At District Level) as regards suspected cases of paid news brought to the notice of the candidate by the RO. If candidate disagrees with the order, an appeal is to be made before the State Level Media Committee, within the stipulated time. 35830. To include the expenses incurred on maintenance of candidates’ booths (Kiosks) for distribution of voter’s slips on the poll day. T he expenses include expenditure incurred on election of candidates’ booths (Kiosks), logistics, remuneration paid to the workers/agents manning them and the expenses on snacks, food etc. (Schedule – 6 of Abstract statement of account). 31. To ensure that n one of the party workers indulge in or extend support to bribing of electors, as defined in Section 171 B of IPC or Section 123 (1) of R. P. Act 1951. C. After declaration or result 32. To attend personally or through the agent the training on pro cedure of lodging the accounts organised by DEO within 23 days of declaration of result and also Account Reconciliation Meeting organised on 26th day of declaration of result. 33. To be aware that in the above said meeting the candidates will be given ano ther opportunity to reconcile the understated amount of their election expenses, if any. Therefore, the candidates should produce their draft of final accounts, so that the discrepancies can be reconciled. 34. To know that even if the candidate had alrea dy lodged his account prior to the above said meeting, he may revise the accounts within the statutory period of 30 days of the declaration of result in order to incorporate the findings of the District Expenditure Monitoring Committee.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for CEO_.txt _ 34. To know that even if the candidate had alrea dy lodged his account prior to the above said meeting, he may revise the accounts within the statutory period of 30 days of the declaration of result in order to incorporate the findings of the District Expenditure Monitoring Committee. 35. To submit befor e the DEO, the account of election expenses, comprising of Bank Register, Cash Register, Day -to-Day account Register, Abstract Statement (Part I to Part IV and S chedules 1 to 1 1), all bills & vouchers (serially numbered) and Affidavit in original , duly fil led up in all respect and self -attested copy of bank statement opened for expenditure purposes exclusively, within 30 days of declaration of result. If account is not lodged within time and in the required manner, notice is issued by the Commission for dis qualification u/s 10 A of the R. P. Act, 1951. 36. To obtain acknowledgment as a proof of lodging the account from the office of the DEO, giving date and time of lodging of the account. 37. To sign the Abstract Statement and Affidavit himself and all bil ls and vouchers are signed by you or your election agent: 35938. To submit copy of the reply given to the Returning Officer or Expenditure Observer at the time of inspection of register in respect of discrepancies pointed out by DEMC.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2.txt Expenditure Observer Report -I Annexure-B2 Expenditure Observer Report-I Preparedness Report for the Expenditure Monitoring [To be uploaded on Observer Port al and si gned copy to be sent by post to the Commi ssion separately for each Assembly Segment in case of A ssembl y Election and only one Repo rt for one PC in case of Lok Sabha Election within 3 days after the date of notification] Date of Reporting Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No. Description Yes No (a) Whether the Assistant Expenditure Observer has been appointed as the Designated Officer to help check the accounts of daily expenditure to be maintained by the candidates. (b) Whether all the teams engaged in election expenditure monitoring, like, Accounting Team, Static Surveillance Teams, Flying Squads and Video Surveillance Teams etc., have been formed and working properly. (c) Whether election machinery is aware of Rule 90 of the Condu ct of Election Rules relating to ceiling on Maximum expenses. (d) Whether the RO has provided the Election Expenditure Register containing day to da y Acco unt Register (Part A),Cash R egister (Part B), Bank Register (Part C), Abstrac t Statement (Part -I to Part IV) containing Schedule 1 to 11 and Acknowledgement Form under due cove ring letter to addressed to the candidate. (e) Whether such registers were duly page numbered and authenticated by the DEO/RO at the time of issue. (f) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (g) Whether the Expenditure Observer has spok en to the SP and DEO, and the Officers of Investigation D irectorate of Income Tax, Police and State Excise for k eepingCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2.txt Expenditure Observer Report -I (f) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (g) Whether the Expenditure Observer has spok en to the SP and DEO, and the Officers of Investigation D irectorate of Income Tax, Police and State Excise for k eeping surveillance on d istribution of cash, liquor and o ther goods. 37 (h) (i) Have the prevailing rates in the district for printing of pos ters, hiring of vehicles, loud speakers, cost of erecting pandals and hiring of furniture and fixtures been provided by the DEO. (ii) Whether rate charts of all Media operating in the constituency has been obtained (i) Has the same been apprised to the contesting candidates and the Assistant Expenditure Observers and Members of Expenditure Mon itoring Teams. (j) Whether the Accounting Team, Video Viewing Team, Video Surveillance Team, Media Mon itoring Team and Surveillance Teams under each Police Station are prepared for Mon itoring of Election Expenditure and are provided with relevant Registers/Formats e.g. Video cue sheet, Shadow Register, Media Expenditure Mon itoring Report etc. (k) Indicat e (i) No. of Flying Squads ( FSs) (ii) No. o f SSTs (iii) No. of AEOs (iv) No. of VSTs (v) No. of VVTs (vi) No. of Accounting Teams (l) Whether the Assistant Expenditure Observer and members of the Accounting Team, Video viewing Team, Video Surveillance Team, Media report, and Mon itoring Team have been trained. (a) By DEO (b) By Expenditure Observer (c) Any Problem in functioning as pointed out by the teams (if yes, then bring it to the notice of RO, DEO and CEO immediately under intimation to the Election Commission of India) (m) Whether the DEO has held meeting with all political parties and has given to them copies of Expenditure Instruction in local language.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B2.txt Expenditure Observer Report -I (a) By DEO (b) By Expenditure Observer (c) Any Problem in functioning as pointed out by the teams (if yes, then bring it to the notice of RO, DEO and CEO immediately under intimation to the Election Commission of India) (m) Whether the DEO has held meeting with all political parties and has given to them copies of Expenditure Instruction in local language. (If answer to any of the above is negative, the same shou ld be brought to the notice of DEO , RO and CEO immediately under intimation to the Election Commission of India.) Place: Date: Signature of Expenditure Observer 38Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO.txt _ #Checklist for RO [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before announcement of elections : - 1. To have the updated l ist of all the disqualified candidates, who have incurred disqualification u/s 8A and 11A (for corrupt practices) and 10 A (failure to lodge the account of election expenses in time and manner) of the R.P. Act, 1951, which may also be viewed on Commission ’s website www.eci.gov.in 2. To ensure that the following formats are ready at the o/o the DEO/RO: (i) Election Expenditure Register of the candidates (duly serial numbered comprising of Bank Register, Cash Register, Da y to Day Account Register, Abstract Statement (Part I to Part IV) along with Schedules 1 to 11, Format of Affidavit and Acknowledgement. (ii) Shadow Observation Register (iii) Video Cue Sheet (iv) Reporting formats by Flying Squad/Static Surveillance Team (v) Compendium of Election Expenditure guidelines in local language. (vi) Form 26 regarding criminal cases, assets and liabilities. 3. To identify Expenditure Sensitive Pockets (ESPs), in the Constituency on the basis of level of development, literacy and complaints received during the last Assembly elections and to report to Commission. 4. To identify the Master Trainers of State Police and State Excise Department of the district for Expenditure Monitoring Team. 5. To pursue all pending cases of last ele ction, where FIR was filed and take them to their logical conclusion. 6. To identify officers who will be notified as Executive Magistrate for the Flying Squad/ Static Surveillance Team. 7. To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases. 8. To arrange vehicles for all teams and the logistics.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO.txt _ 6. To identify officers who will be notified as Executive Magistrate for the Flying Squad/ Static Surveillance Team. 7. To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases. 8. To arrange vehicles for all teams and the logistics. 9. To interact with BAGs and sensitize them about their role in ethical voting campaign and provide information on malpractices during elections. B. After announcement of election 34410. To ensure that FS, VST, VVT, MCMC and Accounting team are functional from the date of announcement of election. 11. To ensure that GPRS is fitted in all FS/SST vehicles and the Flying Squads shall attend both the MC C cases and expenditure related cases within ½ an hour of receipt of complaint. 12. The expenses incurred by the political parties shall be observed from the date of announcement of election till completion of election and reported to CEO party wise, after declaration of result. 13. To file FIR in appropriate cases, as detected by FS, SST or EO. C. After issuance of notification of elections: - 14. To ensure that SSTs are functional from the date of issue of notification. 15. Take note of the list of St ar Campaigners received by the CEO and ECI within 7 days of notification of election. 16. To scan the affidavit of assets and liabilities submitted by the candidates and upload on to the CEO’s website within 24 hours of its receipt. 17. To hold a meeting of all the candidates or agents immediately after the allotment of symbols to explain the process of expenditure monitoring, legal provisions relating to election expenditure and consequences of non -compliance of these provisions. 18. Expenditure Regist er in prescribed format is ready to be handed over to the candidateCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for RO.txt _ 17. To hold a meeting of all the candidates or agents immediately after the allotment of symbols to explain the process of expenditure monitoring, legal provisions relating to election expenditure and consequences of non -compliance of these provisions. 18. Expenditure Regist er in prescribed format is ready to be handed over to the candidate 19. To notify date for inspection of accounts by the Expenditure Observer during the campaign period and issue notices to the defaulting candidates as directed by the Expenditure Observer . 20. To supervise complaint monitoring system and ensure that every complaint is enquired within 24 hours of its receipt. 21. To ensure that all the documents required are put on his website and copies of the same, if requested, are given immediately to the members of public on payment of prescribed fee. 22. To ensure that after seizure by FS/SST, FIR/ complaint is filed promptly in appropriate cases. 23. To interact with Expenditure Observers/Assistant Expenditure Observers and to ensure that all team s are working smoothly. 24. To issue notice to the candidate, whey any defect is pointed out by the EO/DEO and received reply from the candidate/agent. 25. To issue notice to the candidate, preferably within 24 hrs. of the date of receipt of information about suppression/omission of the expenditure incurred by the candidate or if the candidate has not produced his account of election expenses for inspection on scheduled date or if the expenses incurred in election campaign are not correctly shown by the c andidate. 26. To ensure that the reply of the notices issued to the candidates are received within 48 hrs. ……………………….Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_.txt _ #Check list for Political Parties: [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. After announcement of election: 1. To ensure that all candidates of the party open a separate bank account exclusively for election ex penditure purposes, at least one day before filing nomination and present a self-attested copy of that account to the Returning Officer at the time of filing nomination: 2. To obtain a copy of the Compendium of Instructions on Election Expenditure Monitorin g, in local language from the CEO. 3. To nominate a nodal political leader at state level, who will co -ordinate with CEO and Commission on Election Expenditure Monitoring and who will be the Master Trainer of party workers and candidates on election expenditu re. 4. To ensure that Nodal Officer attends the training programme on election expenditure and on maintenance of Election Expenditure Register by the Returning Officer/DEO. 5. To ensure that all contribution reports and annual audit reports of previous years, al l election expenditure statements of previous elections are filed in time. 6. To ensure the following: - (a) Amounts paid to candidate (if any) are by way of cheque/draft/bank transfer only (not in cash). (b) To maintain details of receipts and details of all expense s from the date of announcement of election till declaration of result, for preparation of correct election expenditure statements of the Party subsequently. (c) To incur expenditure on payment to a single person/entity exceeding Rs. 10,000/ - in a day by way of cheque/draft/bank transfer only (not in cash). (d) Amount payable/outstanding also to be recorded and included in the account. (e) Notional value of all receipts in kind and/or as complimenting are also to be included in the accounts. B. From the date of nomination to date of declaration of resultCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_.txt _ 7. To ensure that the list of Star Campaigners has been provided to the CEO and Election commission of India within 7 days of the issue of notification of the election. Otherwise 361all expenditure incurred on the tra vels of Star Campaigners will be booked in the account of the candidate and the benefit within the meaning of explanation (2) of section 77 of the R. P. Act, 1951 cannot be availed). 8. To ensure that while the expenditure for general party propaganda are ac counted for by the party, the campaign expenditure by the party, propagating for candidate(s) with their name, photo or sharing dais etc. shall be added to the candidates, as per instructions of the Commission. 9. To take due permission to hold rally/processi on /public meeting from the R.O. concerned. 10. To be aware of the provisions of the section 127 A of the R. P. Act, 1951 regarding the passing information to RO and necessary declaration to be submitted by the Publisher and Printer in Appendix A & B on printi ng of poster and pamphlet on part of publisher and printer. 11. To inform the party functionaries and candidates about the provisions of the sections 171 A to 171 I of IPC and particularly that procuring or promoting the prospect of the candidate without his a uthority shall lead to punishment of the concerned persons. 12. To educate the party workers regarding penal measures under sections 171 A to 171 I of IPC and section 123 of R.P. Act, 1951 and particularly section 171 B of IPC and section 123(2) of R. P. Act, 1951 regarding bribery of electors. 13. To inform the candidate about the name and hiring charges of the company, providing the service of helicopters and aircrafts to the party, during election rally in his/her constituency as per instructions of the Commissi on. C. After declaration or resultCompendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Check list for Political Parties_.txt _ 13. To inform the candidate about the name and hiring charges of the company, providing the service of helicopters and aircrafts to the party, during election rally in his/her constituency as per instructions of the Commissi on. C. After declaration or result 14. The political parties have to file (i) a part statement, in addition to (ii) the final statement of election expenditure required to be filed by the parties as above (within 75 days/90 days of completion of the general election to the Legislative Assembly/Lok Sabha), in respect of the lump sum payments made by the party to the candidate, within 30 days after declaration of results of elections to Legislative Assembly/Lok Sabha in the prescribed format, before the Electi on Commission of India (in case of National and State Parties) or the Chief Electoral Officer of the State (in case of unrecognized parties where party headquarter is situated). 36215. To submit the consolidated Statement of Election Expenditure in prescribed for mat within 75 days of completion of Assembly elections of the State and within 90 days of completion of election of Lok Sabha elections, duly certified by the Chartered Accountant. In case of recognize political parties, the accounts are to be submitted wi th the Commission and in case of un -recognized political parties, the accounts are to be filed with the CEO of the State.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ #Checklist for DEO [The check list is not exhaustive, in case of any doubt kindly refer to detailed instructions] A. Before annou ncement of elections: - 1. To identify officers to be appointed as Assistant Expenditure Observers from Income Tax, Customs & Central Excise or other Accounts Departments of Central Govt. or PSUs or State Financial Services. 2. To identify manpower for Flying Squad (3 or more per AC); Static Surveillance Team (3 or more per AC) and Video Surveillance Team (one or more per AC). 1. To mobilise Video Cameras, Web Cams, GPRS system etc., as per requirement of Video Surveillance Teams, Flying Squads and Static S urveillance Teams. 2. To arrange TV/Computers with TV connection for MCMC. 3. To identify Expenditure Sensitive pockets (ESPs) and Expenditure Sensitive Constituencies (ESCs) – on the basis of level of development, literacy, complaints during Legislative Assembl y Election to forward to ECI. 4. To identify a senior officer of ADM rank as Nodal Officer for Expenditure Monitoring and inform to ECI – He will be Master Trainer for all Expenditure Monitoring officials 5. To identify the Nodal Officer of State Police and Stat e Excise Department of the district for Expenditure Monitoring programme - they will be Master Trainers. 6. To pursue all pending cases of last election, where FIR was filed and take it to logical conclusion. 7. To identify officers who will be notified as Execut ive Magistrate for the Flying Squad / Static Surveillance Team. 8. To prepare plan for training in 2/3 phases of all manpower to be deployed in Expenditure Monitoring Teams. 9. To prepare workshop on EEM for the Media and political party functionaries of the district, especially on requirement for rallies, notification of rates, restriction on cash transaction and role of parties and media during election.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ 8. To prepare plan for training in 2/3 phases of all manpower to be deployed in Expenditure Monitoring Teams. 9. To prepare workshop on EEM for the Media and political party functionaries of the district, especially on requirement for rallies, notification of rates, restriction on cash transaction and role of parties and media during election. 10. To print the following: (i) Election Expenditure Register of the candidates (duly serial numbered) comprising of Bank Register, Cash Register, Day to Day Account Register, Abstract Statement 346(Part I to Part IV) along with Schedules 1 to 1 1, Format of Affidavit and Acknowledgement (ii) Shadow Observation Register (iii) Video Cue Sheets for Video Surveillance Teams (iv) Reporting f ormats by Flying Squad / Static Surveillance Team (v) Compendium of Election Expenditure guidelines in Hindi/Local language (vi) Form 26 regarding criminal cases, assets and liabilities. (vii)Revised statement of Expenditure for the political parties, to be submitted wi thin 75 days of declaration of result. 13. To identify the Booth Level Awareness Groups (BAGs) and have a sensitisation programme with the BAGs at district level for ethical voting campaign, pledge letter, and for familiarising them with software for upl oading photo, audio, video of malpractices to complaint centre. 14. To organise meeting with all Citizen Societies (CSOs)/NGOs, academicians, media persons, and intellectuals on ethical voting and sensitise them about their role on ethical voting campaign and creating awareness of penal provisions against bribing. 15. To prepare advertisement materials, audio video visuals, slogans etc. on ethical voting. 16. To organise debate, slogan, cartoon etc. competitions in schools and colleges on ethical voting and against bribery of elections.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ 15. To prepare advertisement materials, audio video visuals, slogans etc. on ethical voting. 16. To organise debate, slogan, cartoon etc. competitions in schools and colleges on ethical voting and against bribery of elections. 17. To ensure that the pledge letters or ethical voting are circulated widely and signature campaign for ethical voting is taken up in large scale. 18. To ensure that all cases of accounts of election expenses of candidate s (pertaining to last Assembly elections) have been disposed of. B. After announcement of election 19. To arrange meeting with banks (i) for facilitation in opening bank account by candidates and issuing cheque books/(ii) for sending suspicious transactio n report exceeding Rs.10 Lakh (iii) Procedure to be followed for ATM Vans as per guideline of Ministry Finance dtd. 20.2.2013 ( Annexure -G2) 34720. To go through the Guidelines for permission for helicopter landing in the district and for checking of baggage. 21. To arrange a meeting with political parties in the district after announcement of election for notification of rates of different items of election campaign expenditure and get consensus on rates, with their signature. 22. To start functioning of Dis trict level Complaint Monitoring Centre, MCMC, FS,VST,VVT and Accounting Team from the date of announcement of election. The SST will start functioning after issue of notification. 23. To videograph all rallies held by the political parties, for tally ing expenditure by the party with the expenditure statement furnished after 75 days of Assembly election and 90 days after Lok Sabha elections. 24. To publicise in local language about the checking measures against movement of cash during election. C. After issue of notification of election :-Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ 23. To videograph all rallies held by the political parties, for tally ing expenditure by the party with the expenditure statement furnished after 75 days of Assembly election and 90 days after Lok Sabha elections. 24. To publicise in local language about the checking measures against movement of cash during election. C. After issue of notification of election :- 25. To ensure that SSTs are functional in all constituencies and to see that all teams of EEM are functional at constituency and district level and to ensure that FS/SST are mixed with CPF in Expenditure Ssensitive Cconstituencies . 26. To form DEMC and inform the procedure of appeal, SOP for FS/SST to all candidates. 27. To publicise in local media, the appeal procedure against the seizure of cash. 28. To take note of the list of Star Campaigners receive d directly by the CEO office or from the Commission, within 7 days of notification of election. 29. To up -load scanned copies of all the Affidavits of Criminal cases, Assets & liabilities on the CEO website, within 24 hours of these being filed by can didates of the recognised political parties and in case of other candidates one day after the scrutiny of nomination for public display. 30. Teams involved in EEM like FS, SST, VST, VVT, EMC, Excise Team, MCMC, DEMC, Accounting Team, 24X7 District EEM Cont rol room etc. are to be strengthened during the last 72 hrs . of poll and CPF be provided to the FS, SST where required, which are deployed near the polling stations. 31. To have police deployment plan during last 72 hrs . as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 348D. After completion of elections :-Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ 31. To have police deployment plan during last 72 hrs . as the police may be required for poll duty and in no case the FS, SST be disbanded during last 72 hrs. 348D. After completion of elections :- 32. To arrange one -day facilitation training programme for all the candidates/ election agents and the personnel engaged for receiving accounts withi n one week before the last date of submission of the accounts of election expenses. 33. To issue letter just after declaration of result to candidates for “Account Reconciliation Meeting” on the 26th day of declaration of result and to request them to com e prepared with the draft expenditure reports/statements and to arrange the said meeting with Expenditure Observers, Assistant Expenditure Observers, members of Accounting Team, Nodal Officer of Election Expenditure Monitoring of the district . 34. To issu e a letter just after declaration of results to all the candidates for lodging the account within 30 days of declaration of result and mentioning the date of facilitation training in that notice. 35. If no notice on understatement of items had been is sued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the candidate. Both letter/reply to be considered in Account Reconciliation Meeting first and subsequently shall be inf ormed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). 36. If there is any procedural defect in the account of a candidate, the DEO shall issue a notice to defaulting candidate giving him 3 days time for rect ifying the defect in the account. The reply of the candidate alongwith copy of the notice shall be forwarded to the Commission by the DEO with his comments.Compendium of Instructions On Election Expenditure Monitoring PART-H CHECKLISTS FOR RO_ DEO_ CEO_ CANDIDATE AND POLITICAL PARTY __Checklist for DEO.txt _ 36. If there is any procedural defect in the account of a candidate, the DEO shall issue a notice to defaulting candidate giving him 3 days time for rect ifying the defect in the account. The reply of the candidate alongwith copy of the notice shall be forwarded to the Commission by the DEO with his comments. 37. In cases of delay in filing of accounts, not exceeding 15 days from the due date, the DEO shall suo-motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, alongwith his comment s. 38. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format ( Annexure -C13) of the Compendium) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day. 39. Scanned copy of the Abstract Statement (Part I to Part IV along with Schedule 1 to 1 1) of all the candidates along with copies of all notices issued by the RO, if any, and the replies thereto, during election period, must be put on the w ebsite of the CEO, positively 349within 3 days of lodging of account of election expenses by the candidate, for wider dissemination of information to all public. 40. The scrutiny report of DEO for each candidate is to be entered Encore (Annexure -C17), within 3 days after submission of DEO’s Scrutiny Report.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5.txt Expenditure Observer’s Final Report (Report-IV) Annexure-B5 Expendi ture O bserver’s Final Repor t (Repo rt-IV) [To be uploaded on Observer Portal and signed copy to be sent by post to the Commission separatel y for each As sembly Segment in case of Assemb ly Election and only one report for one PC in case of Lok Sabha Election after 30 days of declaration of re sults] Date of Reporting:___________ ______ ______ ___________________ ____________________________________ ____ _____________________________ Observer Na me:_____ ________________________________________ _____________ ____________ ______ _____________ ________ _______ _________ Observer Code :_______________________Email – ID: ______________________________________ Mobile No: ( O) ____ ____________ _____________ Consti tuency:_________________________________________________________ _________ ______ ____________ ________________ _______________ District:__________________ ______ _______________________________State:__________________ ____ __________________ ____________________ Date of De claration of Results:___________________ _____________ ____________ ______ _____________________ _______ ________________________ Last date of filling Account of Election Expenditure:__________________________ _____________ ________________________________ _____ ________ Date of Account Reconciliation Meeting:__________ _________ ______ ____________________________ ________________________________________ Total No . of contesting candidate:_____________________________ ____ ___________________________________ ______ ________ _________________ Name of winning candid ate/Party aff iliation, if any:_ _____________________ _______ ________________________________________________________ Summary of Observation S.No. Name of the Cand idate and par ty Affiliation Whether notices i ssued to the candidates on all discrepancies found during inspec tions or in fin al accounts of the candidate s and reply of candidates isCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5.txt Expenditure Observer’s Final Report (Report-IV) Name of winning candid ate/Party aff iliation, if any:_ _____________________ _______ ________________________________________________________ Summary of Observation S.No. Name of the Cand idate and par ty Affiliation Whether notices i ssued to the candidates on all discrepancies found during inspec tions or in fin al accounts of the candidate s and reply of candidates is considered ( See Note 8) Date of Lodging of Account of Elect ion Expenses b y the Candidates (please see note 1 below) Whether Ac count lodged in time (Yes/No) Amount of expenditure m entioned in the ac count of the candidat e Wheth er accounts are lodged in format and with all necessary documents Whether the Observer agrees with the c andidate’s Submission vis -à-vis the evidence collected (Yes/No) If no, Please annex as per note 2 below Wheth er the DE O has cross checked the candidates submission with all information collected during campaign (Yes/No) . If, No, Pl. annex details as per n ote 3 below Whether the estimated expenditure incurre d by the Candidate exceeded the prescrib ed ceiling (Y es/No). If, yes, p l. annex details as p er note 4 below Amount of expenditure incurred by the political party, if any, on behalf of the candidate/menti oned the name of the party as per note 5 belo w Amount of expenditure incurred by other entity /individuals o n behalf of the candidate Whether Abstract Statement (Part I to Part IV and schedule 1 to 11) of accounts uploaded on CEO’s website (within 3 day s of lodging of accounts ) Whether cash and other it ems seized during election process has b een released within 7 day s exce pting the cases (i) where FIR has been lodged (ii) where cash is handed over to I. T. Deptt.. If not, whether it is brought to the notice of RO, DEO and SP for urgent act ion 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 Place:Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5.txt Expenditure Observer’s Final Report (Report-IV) process has b een released within 7 day s exce pting the cases (i) where FIR has been lodged (ii) where cash is handed over to I. T. Deptt.. If not, whether it is brought to the notice of RO, DEO and SP for urgent act ion 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 5 Place: Date: Signature Expend iture Observer Note: -Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5.txt Expenditure Observer’s Final Report (Report-IV) 1. In column 4, where the candidate has not submitted his account of election expenses , it shou ld be mentioned – ‘Not Submitted’. 2. In column 8, if no, a separate report for each candidate along with evidence/reference number shall be given by the Observer mentioning where he does not agree. 3. In column 9, if Observer does not agree with the DEO , he may mention the reasons of disagreement separately. 4. In column 10, a brief statement shall be given by the Expenditure Observer for the candidate in whose case the observed expenditure exceeded the ceiling, and the estimated amount of total expenditure shall be mentioned. 5. In column 11, if there is more than one political party incurring expenditure for a candidate then name of each party and amount shall be given separately. If the Observer does not agree with the figure shown, then he will annex separately the estimated figure with the evidences gathered. 6. In column 12, total amount incurred by other entities/individuals on behalf of the candidate shall be mentioned in this column and if the observer does not agree if the figure shown, then he will annex separately the estimated figure with the evidences gathered along with the names of the entities/individuals. 7. If the Expenditure Observer has any suggestion for improvement of the procedure, he may enclose his suggestion s eparately with this report as `A nnex A. `Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B5.txt Expenditure Observer’s Final Report (Report-IV) 7. If the Expenditure Observer has any suggestion for improvement of the procedure, he may enclose his suggestion s eparately with this report as `A nnex A. ` 8. In items where the ‘Shadow Observation Register ’ shows more exp enditu re, which the candidate has not shown, then as per ECI instruction no. 76/Ins tructions/EEPS/2015/ Vol. II dated 29th May, 2015 (Anne xure-C10) a notice is required to be issued a fter ins pection of A/cs asking the candidate to reply within 48 Hrs. Simi larly, after final inspecti on, if any discrepancy is found in the Abstract Statements submitted by the candidates, notices are to be issue d within 48 Hrs asking the candidate to reply within 3 days. The Expenditure Observer is required to indica te, wheth er the above procedure is followed and whether replies of the candidate have been c onsidered in DEO`s Scrutiny Report 44Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B3.txt Expenditure Observer Report-II Annexure-B3 Expenditure Observer Report-II Preparedness Report for the Expenditure Monitoring [To be uploaded on Observer P ortal and signed copy to be s ent by post to the Commission separately for each Assembly Segment in case of A ssembly Election and only one Report for one PC in case of Lok Sabha Election within 24 h rs after withdrawal of candidature] Date of Reporti ng Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No . Desc ription Yes No (a) Whether the schedule of inspection of the expenditure register/vouchers fixed. (b) If yes, indicate the dates fixed for inspection. (c) Whether the entire Expenditure Monitoring Teams and Assistant Expenditure Observers have been briefed by the Observer regarding the various aspects of expenditure and the System of Reporting. (d) Whether the Expenditure Observer is getting Daily Activity reports/feedback from the SP and DM, and the Officers of Investigation Directorate of Income Tax for keeping surveillance on distribution of cash, liquor and other goods. (e) Have the prevailing rates in the district for printing of posters, hiring of vehicles, loud speakers, cost of erecting pandals and hiring of furniture and fixtures been provided by the DEO. (f) Whether the candidates have been apprised of the procedure of Expenditure Mon itoring by RO and Expenditure Observers and copies of the Expenditure Instructions have been given? (g) Has the names of leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) (who would be traveling by air or any other means of transpo rt within the Ass embly /Parliamentary constituency) been communicated to the CEO/ECI. 39 (h) If no, then whether the contesting candidates beenCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B3.txt Expenditure Observer Report-II Instructions have been given? (g) Has the names of leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) (who would be traveling by air or any other means of transpo rt within the Ass embly /Parliamentary constituency) been communicated to the CEO/ECI. 39 (h) If no, then whether the contesting candidates been intimated that all expenses incurred in connection w ith visit of all leaders of the party including their traveling expenses will necessarily have to be shown in the account of election expenses of the candidate(s) concerned in connection with whose election the visit is made (if the visit is a common one in connection with the election of a group of candidates, the expenses will be equally apportioned amongst all such candidates) (i) Whether the Banks are providing reports of suspicious cash withdrawal to DEO. (j) Whether such reports exceeding Rs. 10 lakh are being forwarded to Nodal Officer of Income Tax (k) Whether Assistant Expenditure Observers have got entered the expenses in Shadow Register in connection with filing of nominations by all the candidates (l) Whether Authority granting permission for d eploying vehicles for electioneering for Public Meetings, Rallies and processions, are forwarding copies of such permission to Video Surveillance Team, Accounting Team, and Media Mon itoring Team. (m) Whether the constituency is declared Expenditure Sensitive? (n) If yes, has the Police Observer been appointed? (o) Over all Observation on the preparedness of the expenditure monitoring Team and suggestions for any improvement (Indicate areas of concerns in order of Priority). (If answer to any of sl. no. (a) - (l) is negative, the same shou ld be brought to the notice of DEO, RO and CEO immediately under intimation to the Election Commission of India. Place: Date: Signature Expend iture Observer 40Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B4.txt Expenditure Observer Report-III Annexure-B4 Expenditure Observer Report-III Expend iture Report after Completion of Poll [To be uploaded on Observer Portal and si gned copy to be sen t by post to the Commission by post separat ely for each Assembly Segment in case of As sembly Election and only one Report for one PC in case of Lok Sab ha Election within 24 hours of completion of Poll/Re-poll, if any] Date of Reporting Observer Name Observer Code No. and Name of the Constituency Name of the State Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E-mail id Sl. No. Description (a) Number of complaints received pertaining to expenditure. (b) Number of complaints enquired and Action Taken. (c) No. of cases pending inquiry and corrective action. (d) Reasons for pendency. (e) (i) No. of candidates who did not produce the register for inspection. (ii) No. of candidates to whom notices issued for non - production of register for inspection. (iii) No. of Candidates who did not produce register in spite of issue of notice. (iv) Mention the names, who did not produce register in spite of notice. (i) (ii) (iii) (f) Candidates who were issued notice by RO/DEO Number Name (i) For discrepancy in format of register of day to d ay Accounts/Cash Register/Bank Register. (ii) For not show ing the true account of expenditure including those shown in shadow register. (iii) For not opening separate bank account (g) Whether Assistant Expenditure Ob server has maintained the Shadow Observation Register, folder of evidence and other reports/correspond ence between RO/DEO and the candidates in the District Head Quarter. 41 (h) Any seizure of cash, liquor , other articles made during the period after filing of nomination. (i) If so, details thereof. Also mention separately the location and authority which effected the seizure.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B4.txt Expenditure Observer Report-III maintained the Shadow Observation Register, folder of evidence and other reports/correspond ence between RO/DEO and the candidates in the District Head Quarter. 41 (h) Any seizure of cash, liquor , other articles made during the period after filing of nomination. (i) If so, details thereof. Also mention separately the location and authority which effected the seizure. (j) Whether the seized cash/goods can be linked to election expenditure of any candidate. (k) If so, give details. (l) Whether any suspected paid news was noticed and referred to the Committee formed in th e District. (m) If so, give details including n ame of candidate, name of media and other details and wh ether the MCMC has considere d and notice issued by RO (Annex the detail s of s uch cases) (n) Whether expenditure in all major Public Meetings/ Rallies/Procession w ere entered in Shadow Observation Register of the Candidate. (o) Whether all such expenses were shown in the Register of day-to-day accounts, submitted by the Candidates. (p) If No, then mention details. (q) Whether liquor production/distribution reports were being monitored during the period. (r) Whether all ostentatious expenditure like Mun dan Ceremony, Birthday Ceremony etc. marriage/group marriage ceremony have been reported to DEO /Investigation Directorate of Income Tax. (s) If so, details of action taken by the Directorate/DEO : - (t) Mention the amount of such expenditure and whether the same can be linked to any candidate. (Mention the Name of Candidate) (u) Expenditure incurred in Cash or in kind by each political party in the constituency on behalf of their candidates (mention the name of party and amount). (v) Any other method of hiding the Election Expenditure were noticed (please give the details) (w) Any other Remark/Suggestion: (Please mention in order of priority) Place: Date: Signature Expenditure Obs erver 42Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B6.txt Expenditure Observer’s Feedback/Status Report Annexure-B6 Prof orma of Feedback/Status Report from Expenditu re Obser vers Name and Code of Expenditure Obser ver: No. & Na me of PC/AC: Name of District : Name of State: S. No. Item Remarks 1 (a) Whether AEO, FS, SST, VST, VVT and Accounting Team s are in place and functioni ng properly ? (b) Whether SOR and FoE are being maintained properly ? 2 Numbers of AEO, FS, SST, VST , VVT, Accounting Team deployed pe r Constituency. Suggestion for improving th e effi ciency of these teams 2A Whether the AC(s) under repo rt is/are Expenditure Sensitive Constituencie s ? 2B Whether adequate staff posted as per th e norms in Ex penditure Se nsitiv e Constituencies ? 3 Compl aint Monitoring Cell -Nos. of complaints received regarding distribution of cash/liquor/drugs/ narcotics/p recious metal s (like Gold, Silver, jewellery etc.)/Freebies/other items 4 Seizure made by FS, SST, Police , Excise, Income Tax Dept. and other law enf orcement agencies from the date of enforcem ent of MCC till the date of Report. (Both in quantity and val ue in rupees) (a) Cash (b) Liquor (c) Drugs/Narc otics (d) Precious metals (like Gold, Silver, jew ellery etc.) (e) Other ite ms/Fre ebies 5 (a) Date of inspec tion of candidate’s accounts as scheduled 45 (b) Whether all Candidates are getting their accounts inspe cted ? (c) Mention maximum expenditure inc urred by the Candidate(s). (Write the name of political party) 6 How ma ny can didates did not open separat e bank account ? 7 (a) Number of Candidates w ith cr iminal antecedents (b) Whether such Candidates have publ ished their criminal antecedents in the print media a nd electronic media (c) Expenditure incur red by the re spective Can didate s on publication of c riminal antecedents 8 Suspected Paid News complaints received by MCMC and action taken report 9 Monitoring of liquor pro duction units, godowns and sales outletsCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B6.txt Expenditure Observer’s Feedback/Status Report (b) Whether such Candidates have publ ished their criminal antecedents in the print media a nd electronic media (c) Expenditure incur red by the re spective Can didate s on publication of c riminal antecedents 8 Suspected Paid News complaints received by MCMC and action taken report 9 Monitoring of liquor pro duction units, godowns and sales outlets 10 Identification of Expenditure Sensitive Pockets an d monitor ing. W hether CPF personnel mixed w ith the FS and SST ? 11 Are the vehicles of Fl ying Squads GPS enabled ? 12 No. of complaints pertai ning to use of cash, liquors, inducements etc. receiv ed through C -vigil and no. of cases foun d correct 13 What is yo ur str ategy for the last 72 hours before poll ? 14 Any other issue Signature with date …………………. Name of Expenditu re Obser ver…………….. 46Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7.txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas Annexure-B7 Daily Seizure R eport as on -----/------ /20….. (9 a.m.of previous da y to 9 a.m. of day of reporting) to be sent to the ECI by 3 p.m. General Election to Legislative Assembly of ( Name of State/ UT)/ Bye -election to…………..(No. & Name of PC/AC), ……….(State) 1. Total Cash Seizure (In Rs. Cr.): FS/S ST/Poli ce Income Tax Department Tota l Seizure on previous day 1 Progressive Seizure 2 Seizure on previous day 3 Progressive Seizure 4 Progre ssive S eizure 5(2+4) 2. Total liquor se izure (quanti ty in litres & its value in Rs. Cr.): FS/SST/P olice State Prohibition & Excise Department Progressive Seizure Seizure of previous day 1 Progressive seizure 2 Seizure of previous day 3 Progressiv e seizure 4 Total liquor seizure in the state 5(2+4) Qty. Value Qty. Value Qty. Value Qty. Value Qty. Valu e 3. Total drugs/narcotics sei zure b y FS/SST/Other police authority etc. (quantity in Kg. and its value in Rs. Cr.): Seizure on previous day Progressive Sei zure Description and qty. Value Descri ption and Qt y. Value 4. Total p recious metals seizure (Gold, Silver, ornaments etc. seized and value in Rs.): Seizure on previous day Progr essive Seizure Description and qty. Value Description and Qty. Value 5. Total other items/freebies seizu re (Lap top, c ookers, sarees etc. meant fo r inducement of voters) and its value in Rs . Cr. Seizure on previous day Progressive Seizure Descrip tion and qty. Value Description and Qty. Value [Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7.txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas 6. Total se izure value in Rupees: Tota l Cumulative Seizure in R upees on previous day Tota l Cumul ative Seizure in Rupees Signature of the Nodal Officer (Exp.), Office of CE Os 47 See below Annexure I Weekly seizure made at the Inter -State Border Checkposts/Areas of ………………..(Name of State/U T) with the neighbouring States/UTs as on ………. 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter Sta te Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantit y (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total Progressive seizure made at the Inter -State Border Checkposts/Areas of …………………(Name of State/UT) with the neighbouring States /UTs as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter State Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter Sta te Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value ( Rs. Crore) Total See below Annexure IICompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B7.txt Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizure made at Inter State Border Checkposts/Areas Commercial Tax, Forest at Inter Sta te Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value ( Rs. Crore) Total See below Annexure II Weekly seizure made at the Inter -State Border Checkposts/Areas of neighbouring States/UTs with ………………(Name of State/UT) as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter State Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total Progressive seizure made at the Int er-State Border Checkposts/Areas of neighbouring States/UTs with ………………(Name of State/UT) as on ………… 2024 Name of State/UT having border with poll bound State/UT No. of State Police Checkposts at Inter State Border No. of State Excise Checkposts at Inter St ate Border No. of Checkposts of other deptt. e.g. Commercial Tax, Forest at Inter State Border Cash (Rs. Crore) Liquor Drugs/Narcotics Precious Metals Freebies/Other Items Total (Rs. Crore) Quantity (Litre) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Quantity (Kg.) Monetary Value (Rs. Crore) Monetary Value (Rs. Crore) Total 48Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B8.txt Daily Activity Report by Flying Squad on seizure of Cash/Other items and on related complaints Annexure-B8 Daily Activity Report by Flying Squad on seizure of Cash/ Other items related Complaints on the date………….. Name and Designation of the Magistrate …… …………… …………… .. Reference No. ……………… ……. Name of the Police Officer………………… ……………… ..…… ……… Name of the Sub-Division ………… .. State………………………… ……… .. 1 2 3 4 5 6 7 8 9 10 S.No. Name of constituency /district Nature of the complain t/ Information Name of the p erson against whom complaint received Cash / Other Items seized by FS Cash/ Other I tems Seized by Other Police authority FIRs filed Name of candidate or party with which links found Name and designation of the authority to whom seized cash/items is handed over Remarks (If any) 1 2 3 Description Figure on date of report Progressive figure including the date of report 1 Total amount of cash/ Other Items seized by Flying Squad 2 Total amount of cash/ Other Items seized by Other Police authority 3 Total of number of complaints of cash/ Other Items, received 4 Total of number of complaints, verified (a) W ithin half an hour of receipt (b) Beyond half and hour of receipt 5 Total of number of complaints, pending 6 Total number of FIRs filed up to the end of the day Signature Name & Designation of the Officer in Charge of Flying Squad / Nodal Officer of State Police HQ Note: 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B8.txt Daily Activity Report by Flying Squad on seizure of Cash/Other items and on related complaints 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district. 3. The Nodal Officer of State Police HQ will compile the data for the whole state and send the report to Commission with copy to CEO of the State. 49Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B10.txt Daily Activity Report by Static Surveillance Teams Annexure-B10 Daily Activity Report by Static Surveillance Teams on seizure of Cash/ Other items related Complaints on the date…… …….. Place of Check Post……… …. ……………. Name and Designation of the Magistrate……………………… ………....…………… District………………….... ........ State………… Name and Designation of the Police Officer ……………………………………..…… 1 2 3 4 5 6 7 8 Sl No. Numbe r & name of Constituency/ District Name and Address of Persons searched at the Check Post Cash/ Other Items FIR filed Name of candidate or party having links Name & designation of Authority to whom cash, goods seized goods are handed over after seizure Remarks 1 2 3 Description Figure on date of report Progressive figure including the date A. Total amount of cash Seized by SST B. Total amount of Other items seized by SST C. No. of FIRs lodged Sign ature Name & Designation of the Officer in Charge of Static Surveillance Team/ Nodal Officer of St ate Police HQ Note: 1. The Officer in charge of the SST will submit the repor t for each Static Surveillance Team in this format to the SP with copy to RO, DEO, Genera l Observer and Expend iture Observer . 2. The SP will send the repor t to the Noda l Officer in State Headquar ter after compiling the data for the entire district. 3. The Noda l Officer of State Police HQ will compile the data for the whole state and send the repor t to Commission with copy to CEO of the State/UT 51Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B9.txt Daily Activity Report by Flying Squad on MCC related complaints Annexure-B9 Daily Activity Report by Flying Squad on MCC related Complaints on the date………….. Reference No. ……………… ……..… Name of the Sub-Division ………… .. Name and Designation of the Magistrate…… ……………… …….. State………………………… ………… Name of the Police Officer…………………………………………. 1 2 3 4 5 6 S.No. Name of constituency/ district Name of Complainant Party Affiliation, if any Complaint against (Name) Party Affiliation, if any Brief Description Of MCC violation issue Action Taken Report 1 2 3 Signature Name & Designation of the Officer in Charge of Flying Squad / Nodal Officer of State Police HQ Note:- 1. The Officer in charge of the Flying Squad will submit the report for each Flying Squad in this format to the SP with copy to RO, DEO, General Observer and Expenditure Observer. 2. The SP will send the report to the Nodal Officer in State Headquarter after compiling the data for the entire district. 3. The Nodal Officer of State Police HQ will compile the data for the whole state and send the report to Commission with copy to CEO of the State. 50Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B11.txt Format of Activity Report by Investigation Directorate Annexure-B11 Format of Activ ity Report by the Investigation Directorate for the date …………….. (to be submitted on alternate day by the Directorate of Investigation) Reference No… ………………………. Name of Constituency: ……… ……… …….. District: ……… …… State/ UT ……………… Sl. No Name of the Constituency and District Name of Agency from which information/ Complaints received by IT Deptt. Name and Address of persons against whom action is taken Amount of Cash / gift items etc. mentioned in complaint Cash Depos it d by Challan by persons against whom action taken Amount of Cash Seized by Inco me Tax Other articles seized (If any ) Amount of cash returned to the person, if accoun ted for Remarks (Please mention name of the cand idate/his relationship, Constituency and na me of the Political Party, if any) 1 2 3 4 5 6 7 8 9 10 1 2 Total Progressive Total from the date of notification of election to the end of the Reporting day S.N Gross figure on day of reporting Progressive Figure including the day of reporting 1 Progressive total of Cash seized by Income Tax 2 Progressive total of seizure of other items (Notional Value) 3 Progressive total of tax deposited by Ch allan Signature Nodal Officer Office of DGIT (Inv)/Dy. Director In Charge of the District Date Note: (1) Officer in charge of the district shall submit the report for each district in this format to the DGIT(Inv) with copy to DEO and Expenditure Observer. (2) The Nodal Officer of State Income Tax Deptt. shall compile the data for the whole state and send the report to Commission ( Expenditure Monitoring Division ) with copy to CEO of the state. 52Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B12.txt Format for Report on alternate day of IMFL/Beer/Country Liquor by the State/District Level Nodal Officer Annexure-B12 Report on alternate day of IMFL/Beer/Country Liquor by the State/District Level Nodal Officer (Separate report should be submitted for IMFL Beer & Country Liquor) Name of the District / Name of the State/UT Date of report: Sl. No Descr iption During the day (This Year) During the day (Last Year) Remarks on excess, if any 1 Opening stock with manufacturers in Bulk litres 2 Production/Bottling in Bulk litres 3 Total Dispatch of stock from the manufacturer’s godown in Bulk litres 4 Closing stock in Bulk litres with manufacturers (1+2 -3) 5 Dispatch of stock from manufacturer’s godown to whole sellers/Stockists in Bulk litres 6 Opening stock with Retailers in Bulk litres 7 Purchase by Retailers in Bulk litres 8 Sale by Retailers in Bulk litres 9 Closing Stock with Retailers in Bulk litres (7+8-9 10 Sale by others in Bulk litres 11 Number of check posts 12 Volume of illicit liquor seized by check po sts in Bulk litres 13 Number of raids cond ucted 14 Volume of illicit liquor seized in Bulk litres during raids 15 No. of Prohibition cases 53 16 No. of persons arrested 17 Amount of Fine imposed Signature of Nodal Officer Name Designation Note: - 1. Sepa rate Reports for IMFL, Beer or Country Liquor is to be furnished in the above format by District Level Nodal Officer of Excise Department to the State Level Nodal Officer with copy to DEO. 2. The State Level Nodal Officer of Excise Department will monitor and compile the district level reports and submit composite report of the State to the CEO in the same format with a with a copy to Election Commission of India. 54Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B13.txt Shadow Observation Register for Maintenance of Day to Day Accounts of Contesting Candidates Annexure-B13 Shadow Observation Register for Maintenance of Day to Day Accounts of Co ntesting Candid ates by Accounting Te am Name of the Candidate: Name of Political Party, if any: Name of the Constituency from which the candidate is con testing : Date of Declaration of Result: Name and address of Election Agent, if any: (From the date of nomination to the date of declaration of result of election, b oth dates inclusive) 1 2* 3 4 5 6 7 8 9** 10 11 (Remarks, if any S.NO.(Event wise) Date and Nature of Ex pendit ure (Rally, Sabha , Campaign Vehi cles, Food, Campaign Material, Advertisements/Paid News etc. ) as observed by the VST,VV T, AT/MCMC Expenditure calculated as per notified rat es (Rs.) Expenditure declared by the Candidate in Day to Day account regist er maintained by the Candid ate on items mentioned in column 2 (Write nil if no t shown) (Rs.) Understatement ( Rs.) Date of inspection of Candidate`s Expenditure Register by th e Expenditure Observer Date of issuance of notice by the RO regarding un dersta tement shown in Column 5 Date of receipt of reply from the candidate Whether the candidate has accepted/partially ac cepted /denied the understatement shown in Column 5 Mention p age no. & S.no of Day to Day A/C Register, if understateme nt is accepted/ partia lly accepted b y the Candida te Comments of the EO regarding the candidate’s rep ly-whether the understatement of expenditure h as been reconciled -Yes or No ? (a) (b) (c) (d) (e) (f) (g) (h) (d-h) Description Qty. Rate/ Unit Total Total Amount Page no. and date Qty. Rate/ Unit TotalCompendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B13.txt Shadow Observation Register for Maintenance of Day to Day Accounts of Contesting Candidates 1. Dated : Signatur e of the Office r of the Acco unting Team Signature o f Candidate/Election Agent Name of t he Off icer: Designation: NOTE: - *1. Det ails should include CD no. & Sl. No. of video cue sheet. **2. If denied o r part ially accepted, then the dec ision of the DEMC in the matter should be enclosed 55Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B14.txt Daily Report of the Assistant Expenditure Observer Annexure-B14 Daily report of As sistant Expend iture Observer No. & Name of the Constituenc y: - Date: - (A.) Video Teams (i) List of places where Video Teams were deployed and names of the candidates. (ii) Whether the Video Surveillance Team has submitted the CD with Cue Sheet? (iii) Whether the Video Viewing Team has entered the items of expe nditure like number of Vehicles/Size of Rostrum/cutouts etc.? (B.) Accounting Team:- (i)Whether all the expenses are entered in Shadow Observation Register of each candidate? (ii) Whether the folder of evidence for each candidate is being maintained? ( C.)Media Monitoring Team (i) Whether the team is watching and recording all the advertisements in print or electronic Media? (ii) Whether the team is sending report to Accounting Team? (iii) Whether any Paid News is noticed? (D.) Control Room and Call Centre : (i) No. of complaints received - (ii) Whether complaint has been forwarded to the Officer concerned promptly? (iii) Whether action has been taken? If so, mention the type of ac tion and findings. 56 (E.) Flying Sq uad and S urveillance Teams (i) No. of cases reported to Flying Squad. (ii) Action taken by the Squad. (iii) No. of Check Posts put. (iv) Seizure, if any – Date: - Signature Name of Assistant Expenditure Observer 57Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure_B15.txt _ Annexure–B15 Cue-Sheet for Video Sur veillance Teams (To be filled at the time of Video Recording) Name of District – Name of the Officer In-charge of Video Su rveillance Team – Name of the Videographer – Date – CD Number - Sl. No. No. and Name of Constituency Name of Candidate Location Event Time of the day when recording began Time on CD when recording began Time on CD when recording ended Duration of recording Brief Description of evidence Recorded 1 2 3 4 5 6 7 8 9 10 Signature of Officer In-Charge of Video Surv eillance Team 58Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B16.txt Details of Advertisements/Paid News in Print/Electronic Media Annexure-B16 DETA ILS OF ADVERT ISEMENT S/PAID NEWS IN PRINT/ELECTR ONIC MEDIA Name of State – Name of District – Number and Name of Constituency – Name of Candidate - Political Party – 1. Details of Advertisements Published in Print Media Sl. No. Name of Newspaper/ Magazine Size of Advertisement (in column X cm) Approximate Circulation (information to be obtained from DIPR) Cost of Advertisement 2. Details of Paid News in Print Media Sl. No. Name of Newspaper/ Magazine Size of Paid News (in column X cm) Approximate Circulation (information to be obtained from DIPR) Cost of Paid News 59 3. Details of Advertisements in Television including Cable TV Sl. No. Name of Channel Date & Time Duration of Advertisement (in Minutes) Approximate viewer ship (information to be obtained from DIPR) Cost of Advertisement 4. Details of Paid News in Television including Cable TV Sl. No. Name of Channel Date & Time Duration of Paid News (in Minutes) Approximate viewer ship (information to be obtained from D IPR) Cost of Paid News 5. Details of Advertisements on Radio Sl. No. Name of Channel Date & Time Duration of Adv ertisement (in Minutes) Approximate listener ship (Information to be obtained from D IPR) Cost of Ad vertisement 60Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B16.txt Details of Advertisements/Paid News in Print/Electronic Media 5. Details of Advertisements on Radio Sl. No. Name of Channel Date & Time Duration of Adv ertisement (in Minutes) Approximate listener ship (Information to be obtained from D IPR) Cost of Ad vertisement 60 6. Details of Paid News on Radio Sl. No. Name of Channel Date & Time Duration of Paid News (in Minutes) Approximate listener ship (information to be obtained from D IPR) Cost of Paid News Dated : ……………. Signature of the officer in charge of Media Certification and Monitoring committee Name of the Officer : …………………………… .. Designation: 61Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B17.txt Daily action taken report of RO on Call Centre information Annexure-B17 Daily Action Report of RO on Call Centre information Date: Constituency: S. No Nature of Complaint Time of Receiving the Complaint/Information by any mode Viz: Phone/Fax/e- mail/SMS/Special Messenger Detail Narra tion on the ac tion taken Whe ther forwarded to Accoun ting Team (Signature, Name & Designation with date) 62Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B18.txt Commission's letter no. 76/Instructi on/2014/EEPS/Vol. I, dated 07th April, 2014 regarding Clarification regarding tenure of deployment of Expenditure Monitoring Teams in elections Annexure-B18 ELECTION CO MMISSION OF I NDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction/2014/EEPS/Vo l. I Dated: 7th April, 201 4 To The Chief Electoral Officers of All St ates/UTs Subje ct: Cl arification regarding tenure of deployment of Expenditure Monitoring Teams Election -Regarding Sir, A clarifica tion h as been sought by CEO, Delhi as to tenure of deploymen t of various teams engaged in Election Expenditure Monitor ing and I am di rected to clarify the following: (i) The Assistant Expenditure Observer FS, SST, VVT, VST and Accounting Team shall conti nue with their duty only upto the date of poll/re -poll. (ii) However, the Assistant Expenditure Observer and Accounting Team sha ll report for duty on e day before the day of coun ting in the second schedule and again on 25th Day to 37th Day after declaration of result of election, for the purposes of giving training to the candidates or his election agents in submission of account of election expen ses an d to assist in preparation o f the DEOs Scrutiny Report and Expenditure Observer Report. He shall be finally rel ieved after 37th day of declaration of results. (iii) This may be brou ght to the not ice of all concerned. Yours faithfully, Sd/- (S. K. Rudol a) Secretary 63Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B1.txt Arrival/Departure Report of the Expenditure Observer Annexure-B1 ARRIVA L/DEPARTURE REPORT OF THE EXPENDITURE OBSE RVER [To be uploaded on Observer Porta l and signed copy to be sent by Post to the Comm ission immediately after arrival/departure] Date of Report ing Observer Name Observer Code No. and Name of the Constituency/ies Constituency Fax No. Official Fax No. Constituency Telephone No. Telephone No. Constituency Mob ile No. Mob ile No. E- mail id 1 Date of Arrival/Departure of Obs erver. (please strike out the portion wh ich is not applicable) 2 was there any break taken by the Obs erver from the duty 3 If yes, give details 4 was there late reporting to duty 5 If yes, by how much time. Place : Signature of the Observer Date : 36Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B20.txt Commission's letter no. 76/Instruction/2019/EEPS/Vol. XV, dated 22nd March, 2019 regarding commencement of duty of FS, SST, VST, VVT, Accounting Team, MCMC, Liquor Monitoring and AIU Annexure-B20 ELECTION COMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/INSTRUCT ION/2019/EEPS/ Vol. XV Dated: 2 2nd March, 201 9 To The Chief Electoral Officers of All Sta tes and UTs Sub: Pre paredness regarding Election Expe nditure Monitoring -matter regarding Madam/Sir, I am directed to draw your kind atten tion t o the “Compendium of Instructions on Election Expendit ure Monitoring (February, 2019) and to reiterate the follo wing: - 1. Flying S quads will be operati onal from the date of announcement of the elections and shall lo ok into all complaints of Model Code of Conduc t violations, election expenditure of political part ies and candid ates, complaints of intimidation, movement of anti -social e lement s, liquor, arms and large su m of cash etc. and will vide graph all major rallies, public meetings and other expenses as per the Standard Operational Procedure (SOP) dated 29th May, 2015 (copy enclosed). 2. Static Surveillance Teams will f unction from th e date of notificatio n and will se t up check posts as per the Standard Operating Proc edure (SOP) dated 29th May, 2015 . 3. Video Survei llance Teams and Video Viewing Teams will function f rom the date o f announcement of election and will videogra ph all major po litica l rallies of the party as well as of the candidates as per the instructions.Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B20.txt Commission's letter no. 76/Instruction/2019/EEPS/Vol. XV, dated 22nd March, 2019 regarding commencement of duty of FS, SST, VST, VVT, Accounting Team, MCMC, Liquor Monitoring and AIU 3. Video Survei llance Teams and Video Viewing Teams will function f rom the date o f announcement of election and will videogra ph all major po litica l rallies of the party as well as of the candidates as per the instructions. 4. (i) Accounting Team will function from t he dat e of announcement for the purpose of accounting the ex penditure of the political parties and after nominations a re filed, the candida te’s accounts w ill be mainta ined by the team as per the instructions. (ii) In c ase of Assembly elections an acc ounting team w ill function in each assembly constituency and maint ain the Shadow Observation Register (SOR) & Folder of Evid ence (FOE) for each c andidate. (iii) In case of L ok Sa bha election, the Assistant Expenditure Observer (AEO) & team for each Assembly segm ent wi ll maintain SOR & FOE separately for each candidate and their reports to the AEO (Hq. AEO) of the Assembly segme nt where RO is based. The Hq. AEO an d his team sh all co -ordinate with all other AEOs of the Assembly 65 segments and will ensure that t hese accounts are collated at the time of inspection. The AEO will function from the date of notification. 5. Media Certificat ion Monitoring Commit tee (MCMC) will function imm ediat ely from the date of announcement as per the instruction. 6. Liquor Monitoring measure s will be undertaken from the date of announcement of electi ons as per the instructions and the reporting will be done from the date of announcement. 7. The Air Intellig ence Units and separate complaint monitoring cell o f the Income Tax Department will start functio ning from the date of announcement. 2. I am further directed to re quest you to bring it to the notice of all c oncerned. Your s fait hfully, Sd/- Encl. As above (AVINAS H KUMAR) SECRETARY 66Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B19.txt Commission's letter no. 76/Instructions/EEPS/2016/Vol. II, dated 22nd March, 2016 regarding Exchange of information and coordination between Expenditure Observers and all the Enforcement Agencies of Election Expenditure Monitoring Annexure-B19 ELECT ION C OMMISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/Instruction s/EEPS /2016/Vol.II Dated: 22nd March, 2016 To All the Expenditure Observers. Subject: -Gener al Ele ctions to Legis lative Assemb lies of Assam, Kerala, Puducherry, Tamil Nadu and W est Bengal, 2016 - Exchange of in formation and coordination between Expenditure Observers and all t he Enforcement Agencies of Election Expenditure Monitoring - Regarding Sir, I am directed to invite your kind attention to the Para No.4.2.8 under the Heading “Role of Expenditure Observer”, o f the Compendium of Instructions on Election Expenditure Mon itoring (July - 2015) regarding exchange of information and coordination between Expenditure Ob servers and a ll the Enforcement Agencies during the process of elections. 2. There were some instances tha t came to the notice of the Commission in which the action of the Expenditure Observer gave impression that he had exceeded h is bri ef by getting actively invol ved i n enforcement action. The Commission, therefore, reiterates that the guidelines con tained in the above -said para of the Compendium should stric tly be adhered to by all the Expenditure Observers and the y should resist thems elves to be inv olved in the action being taken by other Enforcement Agencies as per their existing Laws. Yours faithfully Sd.- (S. K. Rudola) Pr. Secr etary Copy fo rwarded to: The Chief Electoral Officer of Assam, West Ben gal, K erala, Tamil Nadu and Puduch erry with request to kindly bring it to the notice of all the Nodal Officers of Election Expend iture Monitoring in the State (By Camp Bag/e -mail). Sd/- (S. K. Rudola) Pr. Secre tary 64Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B21.txt Commission's letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. V, dated 22nd April, 2019 regarding deployment of FS and SST in elections held in phases Annexure-B21 ELECTION COMMISSION O F INDIA Nirvachan Sadan, Ashoka Road, New Delhi -110001 No. 76/ECI/INST/FU NC/EEM /EEPS/2019/Vol. V Dated: 22nd April, 2019 To The Chief Electoral Officers, All St ates and UTs. Subject: -General Election to Lok Sabha and Legislat ive Assemblies of Andhra Pradesh, Arunachal Pradesh, Odish a and Sikkim, 2 019-Deployment of Flying Squad and Static Surveillance Team -Reg. Madam/Sir, I am directed to refer to Commission’s SOP n o. 76/ Instructions/EEPS/2015/Vol. II, dated 29.05.2015 [Anne xure G7 in “Compendium of Instructions on Election Expendi ture Monitoring (Febr uary, 2019)”] a nd to state t hat Flying Squads and Static Surveillance Teams sha ll be kept deployed in poll gone States/UTs an d States/UTs where polls are scheduled in phases, as under: - Case -I: In case of States/UTs where polling is o ver, FSs and SS Ts sha ll be kept active at strateg ic locations and in districts sharing borders with neighboring States/UTs. Case -II: In ca se of States where polling is scheduled in phases, Flying Sq uads shall be kept active as under: - (i) One Flying Squad may be continued in each assembly segmen t of Parliame ntary Constituency, where polling is over, till the end of election process in the entire state; and (ii) Flying Squads/SSTs may be kept operational in f ull strength, as per SOP dated 29th May, 2015 in the entir e district wher e poll s are going to held in multi ple phases, till the end of poll in the entire district. 2. You are requested to bring this t o the notice of all concerned District Authorities, political parties, candidates and general public. Yours fait hfully, Sd/- (RAJAN J AIN) UNDER SECR ETARY 67Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B22.txt Commission's letter no. 61/Complaints/GE-LS/2019/EEPS/Vol. XV, dated 17th May, 2019 regarding seizure of foreign currency Annexure-B22 ELECTION COMMISSION OF INDIA Nirvachan Sa dan, Ashoka Road, New Delhi -1100 01 No. 61/Comp laints/GE -LS/2019/EEPS/Vol. XV Dated: 17th May, 2019 To The Chief Electoral Offic ers of All S tates and UTs. Subject: -General Elections to Lok Sabha and Legislative Assemblies of And hra Pr adesh, Arunachal Pradesh, Odisha and Sikkim, 2019 -Seizure of f oreign currency – Reg. Madam/Sir, I am directed to sta te that the Com mission has r eceived information from various sources regarding seizure of foreign currencies in the General E lections to Lok Sabha and Legislative Assemblies of Andhra Prad esh, Arunachal Pradesh, Odisha and Sikkim, 2019 . In this conne ction, I am directed to state that if FS/SST/Police Authority/Release Committee, deployed/constituted in pursuance of the C ommiss ion’s SOP no. 76/Instructions/EEPS/2015/Vol. II, dated 29th May, 2015 [Annexure -G7 of “Compendium of Instruction s on Election E xpendi ture Monitoring (February, 2 019)] finds no linkage of the intercepted/seized fo reign currency with any candidat e or his/her a gent or party workers or political party then information shall be passed on to the concerned Nodal Officers i n Directorate o f Reve nue Intelligence and the Enf orcem ent Directorate for necessary action under relevant Acts. Copies of DRI’s letter dat ed 13. 03.2019 and ED’s letter dated 18.03.2019, containing names of Nod al Officers are enclosed for ready reference. Yours faithfully , Sd/- (RAJAN JAIN) UNDER SECRETA RY Copy to: - 1. The Pr. Director General, Directo rate of Revenue Intelligence, 7th Floor, ‘D’ B lock, Drum Shaped Building, I. P. Estate, New Delhi -110002 with the request to inform Nodal Officers of DRI ac cordingly. (By Specia l Messenger)Compendium of Instructions On Election Expenditure Monitoring PART B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FUNCTIONS OF ITS VARIOUS ORGANS_Annexure-B22.txt Commission's letter no. 61/Complaints/GE-LS/2019/EEPS/Vol. XV, dated 17th May, 2019 regarding seizure of foreign currency 18.03.2019, containing names of Nod al Officers are enclosed for ready reference. Yours faithfully , Sd/- (RAJAN JAIN) UNDER SECRETA RY Copy to: - 1. The Pr. Director General, Directo rate of Revenue Intelligence, 7th Floor, ‘D’ B lock, Drum Shaped Building, I. P. Estate, New Delhi -110002 with the request to inform Nodal Officers of DRI ac cordingly. (By Specia l Messenger) 2. The Director , Enf orcement Directorate, 6th Floor, Lok Nayak Bhawan, Khan Market, New Delhi -110003 wit h the request to inform Nodal Officers of ED accordingly. (By Special Messenger) Sd/- (RAJAN JAIN) UNDER SECRETARY 68Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO, DEO AND CEO IN EXPENDITURE MONITORING CONTENTS IN PART ‘C’ Sl. No. CONTENTS Page No. 1 Role of Returning Officer 71-74 2 Role of District Election Officer 74-79 3 Role of Chief Electoral Officer 79-81 Conducting election s, especially Lok Sabha elections and elections to the State Legislative Assemblies is a gigantic task and is essentially a team work. At the State level, the conduct of election is supervised, subject to overall superintendence, direction and control of t he ECI, by the Chief Electoral Officer (CEO) of the State and by the District Election Officer (DEO) at the district level. At Parliamentary/Assembly constituency level, the Returning Officer (RO) is overall in-charge of the whole election process. Main fu nctions of these officers relating to monitoring of election expenditure are as under:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ 1. Role of Returning Officer (RO): The R eturning Officer shall hold a meeting of all candidates immediately after the allotment of symbols to explain the process of expenditure monitoring, legal provisions relating to election expenditure and consequences of non-compliance of these provisions. He also issues permission letters for vehicles/public meetings etc., p romptly to the candidates as required under the law or rules. The R eturning Officer shall ensure that the revised combined format of Affidavit (Form 26) for filing criminal records and asset and liability statement by the candidates is made available to all potential candidates. He shall also give the expenditure register, duly signed and page numbered, to the candidates at the time of filing of nomination papers. He shall notify the dates for inspection of accounts by the Expenditure Obs erver during the campaign period, and shall issue notices to the candidates to explain any discrepancy between the candidate’s expenditure register and the Shadow Obs ervation Register, as advised by the Expenditure Observer. He shall also supervise the complaint monitoring system and ensure that every complaint is inquired into within 24 hours of receipt. He shall ensure that all the documents required to be put up on the notice board of the RO under these or any other instructions, rules or law are put up on the notice board. He shall ensure that the copies of documents, when demanded, are given immediately to members of the public on payment of the prescribed fee. It has been decided by the Commi ssion that the affidavits on declaration of assets and liabilities by the candidates of recognized political parties are to be put up on th e website on the same day. The affidavits in respect of other candidates may be put within one day after scrutiny of nominations (Annexure -C16). In order to move forward in the way of digital India and toCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ It has been decided by the Commi ssion that the affidavits on declaration of assets and liabilities by the candidates of recognized political parties are to be put up on th e website on the same day. The affidavits in respect of other candidates may be put within one day after scrutiny of nominations (Annexure -C16). In order to move forward in the way of digital India and to minimize scope of mistakes in nomination form and the affidavit (Form 26), the Commission has decided to provide an optional facility to candidates for online data entry of personal details in nomination form. This facility will be available for the candidates through the Election Commission’s Suvidha por tal https://suvidha.eci.gov.in . The candidate will have to do the 71 registration and login with the mobile number and OTP. The guidelines for availing this facility are enclosed with Annexure -20. At present, the fac ility of online data entry is available in two languages, namely, English and Hindi. The RO shall issue notices to the defaulting candidates, as suggested by the Expenditure Observer. He shall also ensure that after seizure is made by FS and SST, the FIR/ complaint is filed promptly. The RO shall hold a meeting of all the candidates immediately after allotment of symbols. In this meeting, the RO shall explain all the legal provisions and instructions of the Commi ssion relating to election expenditure, its monitoring and the consequences of failure to comply with them. The RO shall also give a copy of this Compendium and notification of rates of items of election expenditure to each candidate. For advertisement in the local or national dailies/ magazines (English/Regional), rates of the DAVP/DIPR rates shall also be communicated to the candidates. The Assistant Expenditure Obs erver or Expenditure Obs erver shall also attend this meeting along with the RO. The RO shall organize a meeting of all candidates imm ediately after the allotment of symbols,Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ magazines (English/Regional), rates of the DAVP/DIPR rates shall also be communicated to the candidates. The Assistant Expenditure Obs erver or Expenditure Obs erver shall also attend this meeting along with the RO. The RO shall organize a meeting of all candidates imm ediately after the allotment of symbols, and properly explain to them, the legal provisions relating to election expenditure and consequences of failure to comply with the provisions of law. The Ass istant Expenditure Observer/Expenditure Obs ervers will be present in the meeting. The RO shall also give a copy of these instructions regarding expenditure monitoring to each candidate both in English and vernacular language. Inspection of Accounts: The RO shall prepare a schedule for inspection of Expenditure Register of each candidate, by the Expenditure Observer, or a senior officer designated by the RO in consu ltation with the Expenditure Obs erver for the purpose. The candidate is required to produce the register either in person or through his election agent or any other person duly authorized by him before the Expenditure Observer/designated officer for inspection at least three times during the campaign period. The gap between two inspections shou ld be at least three days. This schedule shall be given wide publicity through the press. For convenience, for each candidate the timing of inspection may be specified between 10 AM to 5 PM. Timings shou ld be fixed in such a way that the work shou ld be completed before 7 PM. The inspection shou ld be done either in the office room of the RO or any other conference room/office chamber. The last inspection shou ld be fixed not before 3 days from the day of poll (Annexure -C15). After every inspection during the election process, the day to day election account register of a candidate shall be scanned till the date of inspection and uploaded onto the DEO’s portal with a link provided to the CEO’sCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ office room of the RO or any other conference room/office chamber. The last inspection shou ld be fixed not before 3 days from the day of poll (Annexure -C15). After every inspection during the election process, the day to day election account register of a candidate shall be scanned till the date of inspection and uploaded onto the DEO’s portal with a link provided to the CEO’s website besides displaying a photocopy on the notice board ( Annexure -C8). 72 If a candidate or his agent does not produce his Election Expenditure Register for inspection on the day fixed for this purpose, a notice shall be issued to the candidate by the RO in writing, informing him that if he fails again to produce the Register for inspection on the day specified in the notice, it shall be presumed that he has failed to maintain a day to day account of election expenditure as required under Section 77 of RP Act 1951. This notice shall be given t h e widest possible publicity and a copy shall be displayed on the notice board of the RO. If, in spite of the notice, the candidate fails to produce the register of election expenditure for inspection, a complaint under Section 171 -I of IPC shall be filed in the competent court. Besides this, the permission given to the candidate for use of v ehicles during election shou ld be withdrawn, if the candidate does not produce the register after three days of service of the notice. The withdrawal of permission for use of vehicles shall be intimated to all the Surveillance Teams and Flying Squads and displayed on the no tice board. Publicity shou ld also be given that members of the public can be present during inspection of expenditure registers/ accounts and that anybody can obtain a copy of the expenditure register of any candidate, on payment of Re.1 per page, from the Returning Officer. The inspection of registers shou ld be don e, as far as possible, by the Expenditure Observers only. Where theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ Publicity shou ld also be given that members of the public can be present during inspection of expenditure registers/ accounts and that anybody can obtain a copy of the expenditure register of any candidate, on payment of Re.1 per page, from the Returning Officer. The inspection of registers shou ld be don e, as far as possible, by the Expenditure Observers only. Where the inspection of register is carried out by a designated officer, other than the Expenditure Observer due to some unavoidable reasons, the Expenditure Observer shall be kept apprised of the outcome of each such inspection and the reasons for such inspection by any other officer. Training: (a) The DEO shall organize one -day facilitation training programme for all the candidates/election agents and the personn el engaged for receiving the accounts within one week before the last date of submission of the account of election expenses. (b) The Nodal Officer of the Expenditure Mon itoring Cell and Assistant Expenditure Observer shou ld be associated in the training programme to explain the procedure of filing of accounts , the forms and affidavits to be filed and the frequently noticed defects. Consequences of not filing or filing incomplete forms or not filing in the manner prescribed or not show ing correct accounts shall also be explained to the candidates/agents. (c) 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. 73 (d) 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.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ 2. ROLE OF DISTRICT E LECTION OFFICER (DEO): The DEO shall hold a meeting of all the recognized National and State Level political parties within 3 days of announ cement of elections by the Commi ssion. In this meeting, the DEO shall explain all the legal provisions and instructions of the Commission relating to election expenditure and its monitoring and consequences of failure to comply with them. The DEO shall also give a copy of this Compendium of Instructions, revised format of affidavit (Form 26) for declaration of asset and liability and the rates of items of election expenditure to the representative of each recognized national and state level political party. Under Rule 89 of the Condu ct of Elections Rules, 1961, the District Election Officer has to report to the Commission wh ether the candidate has lodged his account of elections expenses, and whether in his opinion such account has been lodged within time and in the manner required by the Act and the Rules. The DEO shall finalize the candidate wise summary and scrutiny reports in the prescribed format (Annexure -C13) by the 37th day from the date of declaration of result and shall forward the same to the CEO office preferably by the 38th day (Annexure -C12). He shall follow the Order of the Commi ssion’s letter no. 76/Instructions/ EEPS /2015 /Vol II, dated 29th May, 2015 ( Annexure -C10) and letter no. 76/Instructions/2015 /EEPS /Vol. XIV, dated 2nd July, 2016 (Annexure -C12) regarding the procedure laid down for preparation of the Scrutiny Report & Summary Report in respect of accounts of election expenses of the candidate, before sending the Scrutiny Report to the CEO. If no notice on understatement of items had been issued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the c andidate. Both letter/reply to beCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ preparation of the Scrutiny Report & Summary Report in respect of accounts of election expenses of the candidate, before sending the Scrutiny Report to the CEO. If no notice on understatement of items had been issued to the candidate during the election process, the DEO is to issue letter within 15 days of declaration of result to obtain reply of the c andidate. Both letter/reply to be considered in the Account Reconciliation Meeting first and subsequently shall be informed to the ECI with the recorded views of the District Expenditure Monitoring Committee (DEMC). After r eceipt of the final accounts fro m the candidates, the same shall be scrutinised by the DEMC. Where the accounts submitted by the candidates involve procedural defects such as (i) vouchers not signed; (ii) duly sworn in affidavit not filed; (iii) register of day to day account along with bank register and cash register not duly signed, (iv) Abstract Statement (Part -I to Part IV and schedule 1 to 11 ) not filled up/not duly signed; (v) cash expenditure in excess of Rs. 10,000/ - not incurred through cheque (Ann exure - E11 & E1 2), (vi) expendit ure outside the bank account; (vii) self -certified copies of the statement of bank account not submitted and (viii) if the bank account is not opened at all, within 3 days of receipt of the accounts the DEO shall issue a 74 notice giving the candidate 3 days’ time to rectify the defect. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if any, to the Commission, alongwith his/her comments. In cases of del ay in filing of accounts, not ex ceeding 15 days from the due date, the DEO shall suo-motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if a ny, to the Commission, alongwith his comments.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ In cases of del ay in filing of accounts, not ex ceeding 15 days from the due date, the DEO shall suo-motu issue a notice to the candidate calling for explanation for the delay. The reply of the candidate will be examined by the DEO and he shall forward the copy of notice and reply of the candidate, if a ny, to the Commission, alongwith his comments. In cases where disagreement persists even after the Account Reconciliation Meeting and the DEO does not agree that expenses have been correctly reported by the candidate, th e DEO shall, along with the scru tiny report, enclose certified copies of the relevant documents viz. minutes of DEMC/Account Reconciliation Meetings, notices issued, reply from the candidate, rate chart, Shadow Observation Register (SOR), Election Expenditure Register of the candidate wi th the documents, duly serial numbered. The Expenditure Observer, during his third visit shall send to the Commission his 4th and final report ( Annexure -B5) and simultaneously he has to give his comments in the prescribed space provided in the DEO’s Scrut iny Report based on the facts mentioned in the ‘Shadow Observation Regis ter’ and ‘Folder of Evidence’. He has to ensure that the same has been incorporated in the DEO’s Scrutiny Report (Annexure -C13). In case of any item of expenditure not considered in the DEO’s report, he shall bring it to the notice of the DEO asking him to incorporate the same in his report to the Commission and make suitable comments on the DEO ’s report. The abstract statement of accounts filed by the candidates, within 30 days of declaration of result shall be scanned and put up on the website within 3 days of receipt. This has to be strictly adhered to as the time limit for filing election petition is 45 days. The DEO shall ensure that scrutiny report of DEO is entered in Encore within 3 days of the preparation of theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ report. The abstract statement of accounts filed by the candidates, within 30 days of declaration of result shall be scanned and put up on the website within 3 days of receipt. This has to be strictly adhered to as the time limit for filing election petition is 45 days. The DEO shall ensure that scrutiny report of DEO is entered in Encore within 3 days of the preparation of the scrutiny and summary report (Annexure -C17). The DEO shall finalise his scrutiny and summary reports by/before 37th day from the date of declaration of the result and forward the same to the CEO’s Office preferably by t he 38th day. In the past it has been noticed that DEOs and the CEOs are sending the DEO’s Scrutiny Reports in a piecemeal manner which leads to undue delay in their final disposal. For the sake of timely disposal of accounts cases by the Commission, it has been decided that DEO’s Scrutiny Reports on Accounts of Candidates shall now be categorized at the CEO level and shall be furnished to the Commission in the specified format, as under: - A. Total No. of DEOs who have furni shed scrutiny reports. 75 B. Total No. of Contesting Candidates. Category -1: Candidates in whose case no defect has been pointed out by the DEO in the DEO’s Scrutiny Report. Category -2: Candidates who did not lodge their accounts of election expenses. Category -3: Candidates wh o failed to lodge their accounts of election expenses within the prescribed time period (i.e. within 30 days from the date of declaration of election results under section 78 of the R. P. Act, 1951). Category -4: Candidates w ho failed to lodge their account s of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ Category -4: Candidates w ho failed to lodge their account s of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Conduct of Elections Rules, 1961 (other than cases mentioned in Category 2 and 3). Category -5: Candidates who failed to lodge their accounts of election expenses within the prescribed time period + failed to lodge their accounts of election expenses in the manner required under law i.e. Section 77 and 78 in the R. P. Act, 1951 and Rule 86 -90 of the Condu ct of Elections Rules, 1961 (oth er than cases mentioned in Category 2, 3 and 4). (Annexure -C18) It is the responsibility of the DEO that the entire expenditure monitoring mechanism runs effectively in the district. The DEO shall be assisted by various teams of the E xpenditure Mon itoring Cell. The DEO shall extend all help including logistics to the Expenditure Observer and the Assistant Expenditure Observer in performing their functions. Since use of money vitiates the electoral process and leads to violence and other electoral offences and malpractices, he shou ld not neglect this area. In fact, effective control on election expenses will result in smooth condu ct of elections. The DEO shall provide logistical suppo rt to all the expenditure monitoring teams. The DEO in the meeting with political parties shall discuss the rates of various items of election related expenses and obtain their views before notification. The rates for urban and rural areas may be different. The prevalent rates shall be considered. Simil arly, the DEO shall fix the refreshment expenses of the workers or the polling agents/counting agents appointed by the candidates during election process. The CEO shall also obtain hourly rates of helicopters/aircrafts us ed for the purpose of rallies by candidates/star campaigners/other dignitaries, which will be notified by the DEO.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ refreshment expenses of the workers or the polling agents/counting agents appointed by the candidates during election process. The CEO shall also obtain hourly rates of helicopters/aircrafts us ed for the purpose of rallies by candidates/star campaigners/other dignitaries, which will be notified by the DEO. Supply and distribution of main apparels like saree, shirt, T -shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters (Annexure -D7). Hence, these kinds of main apparels should n ot be included in the rate chart. ( Annexure -C14) The DEO shall notify the rates of items of election expenditure, the standard rate charts of newspapers, TV and other media. If the rates are not available, then DAV P/DIPR rates of 76 advertisement in the local/national dailies/magazines (English/ Regional) shall be notified by DEO within 3 days of annou ncement of election on wh ich election expenditure will be assessed. In this regard Commi ssion’s instructions given in its letter No. 76/2004 /JSII, datedCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ 17.03.2004 (Annexure - C7) may also be followed for further reference. Candidates/political parties open kiosks, campaign offices, etc., in the constituency, during election process and such expenses like rent or electricity or furnishing like shamiana etc., after the date of filing of nomination are to be included in the account of the candidate. The DEOs are also required to include the notional rates of erection/construction of such kiosks, campaign offices, etc., in the constitue ncy on the basis of prevalent ra tes, after due consultation with the political parties (Commission’s letter no. 76/Instructions/EEPS/2015/Vol. XIX, dated 30th December, 2014, Annexure - C9). He shall be responsible for the proper functioning of the complaint monitoring control room and call center in the district. He shall provide the logistical support to the officers of the Investigation Directorate of Income Tax and other law enforcement agencies. He shall make arrangement for lodging and boarding, vehicl es and security of all officers, engaged in expenditure monitoring cell. He shall scrutinize the statement of accounts of election expenditure submitted by each candidate after the declaration of results with the help of the Expenditure Monitoring Cell and suppo rt of the Expenditure Observer will submit a report to the Commi ssion through the CEO within 45 days of the declaration of the results in the prescribed format as per Annexure -C13. The DEO shall submit a monthly report of the pending cases, where accounts are not submitted or are d efective, to the CEO by the 2nd day of every month in the format given in Annexure -C2 for monitoring of cases of the election expenditure. The CEO shall compile the reports sent by the DEOs, and send to the Commission, a consolidated report by the 5th day of every month. The Expenditure of Political Party in General Party propaganda from the date of announcementCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ submitted or are d efective, to the CEO by the 2nd day of every month in the format given in Annexure -C2 for monitoring of cases of the election expenditure. The CEO shall compile the reports sent by the DEOs, and send to the Commission, a consolidated report by the 5th day of every month. The Expenditure of Political Party in General Party propaganda from the date of announcement of election till the date of declaration of result should be watched by the district authorities through the Flying Squad(s). Though the Expenditur e on General Party propaganda should not be added in Candidate’s expenditure, yet observations recorded with evidence should be reported in the prescribed proforma ( Annexure -C1) to the CEO within 45 days of declaration of results of election. This may be d one in consultation with the Expenditure Observer. The DEO will deal on priority basis the cases where permission has already been accorded to the candidates/political parties, if a request for change of helicopter is receiv ed from a 77 candidate/political pa rty at the last moment , and decision will be communicated within 03 hours of receipt of application to the candidate or political party concerned. (Annexure - C11) District Expenditure Monitoring Committee (DEMC) ( Refer Annexure - C10) (i) If the Returning Officer or any officer authorized, by the District Election Officer/ Returning Officer, is in receipt of information during election process that any candidate has incurred or authorized certain expenditure and has not shown either a part or whole of it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act,1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ it in his day to day accounts of election expenditure, maintained by him under section 77(1) of the Representation of People Act,1951, or has not produced the said accounts for inspection on the scheduled date before the authorized officer or Expenditure Observer, then the Returning Officer shall issue a notice along with the evidence thereof to the candidate preferably within 24 hours of the date of receipt of information or inspection of accounts mentioning the details of expenses, which are not shown truly or correctly in day-to-day account or informing h im that he failed to produce his account, as the case may be. How ever, in case of suspected “Paid News” items, where notice is issued or is being issued by the Returning Officer as per the recommendation of the M edia Certifying and Monitoring Committ ee (MCMC), such items shall not be covered in this notice. (ii) Such candidate may reply to the notice within 48 hours, explaining the reasons for omission or default which is brought to his notice. In cases where the candidate accepts the fact of suppressed expense mentioned in the notice, the same shall be added to his election expenses. (iii) Where candidate fails to produce his day to day account for inspection and in spite of the notice, the failure continues, then FIR is to filed under section 171 (I) of Indian Penal Code, after 48 hours of service of such notice and the permission for use of vehicles etc. by the candidate for election campaign shall be withdrawn. (iv) Where no reply is submitted by the candidate or his election agent within 48 hours of receipt of the notice, then the candidate shall be deemed to have accepted the supp ressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate. (v) If the candidate or his election agent disputes the supp ressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and theCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ receipt of the notice, then the candidate shall be deemed to have accepted the supp ressed amount mentioned in the notice and the same shall be added to the election expenses of such candidate. (v) If the candidate or his election agent disputes the supp ressed expenditure, mentioned in the notice, he shall submit the reply mentioning the reasons for disagreement and the same shall be forwarded to the District Expenditure Mon itoring Committ ee (DEM C) consisting of the following:Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ 1. Expenditure Observer in charge of the Constituency 2. DEO 78 3. Dy. DEO/Officer in charge of Expenditure Mon itoring of the District. (vi) The DEMC shall decide the case after examining the evidence mentioned in the notice and reply of the candidate thereto, preferably within 72 hours from the date of receipt of the reply from the candidate, whether such supp ressed expenditure shall be added or not to the election expenses account of the candidate. DEO’ s Scrutiny Report and Action there on at ECI Level After receiving reports from the DEOs through the CEO, the Commission sh all examine each report and decide on what action needs to be taken in each case. This action can be any one of the following: - (a) If the Commi ssion deems fit, it may accept the account submitted by the candidate as being within time and in the manner required by the Act and the Rules. (b) If the Commission considers that a candidate has failed to submit his account within time or in the manner required by the Act and the Rules, the Commission shall issue a notice to the candidate to show cause as to why he should not be disqualified u/s 10 A of the R. P. Act, 1951. The no tice shall be served on the candidate by the DEO, and the evidence of having served the notice shall be forwarded by the DEO to the Commi ssion. The Commi ssion after considering the reply, if any, received from the candidate may p ass appropriate orders in accordance with law.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ 3. ROLE OF CHIEF ELECTORAL OFFICER (CEO) The CEO shall hold meeting with all political parties at state level within three days of announ cement of election and explain the new Expenditure Mon itoring M easures. He shall also handov er a copy of the Compendium of Expenditure Mon itoring Instructions both in English and local language. The CEO shall hold a meeting with all media houses and journalists at state level and explain the provisions of section 127 A of the R. P. Act 1951 and the instructions of E CI on advertisements and “Paid News”. He shall also hand over the copy of Compendium of Election Expenditure Instructions to them. The CEO shall examine the scrutiny and summary reports submitted by the DEO, and shall forward the same to the Commission within 45 days of declaration of result along with additional comments if he/she feels so. (Annexure - C12) 79 It has been observe d that time frame prescribed in the Rule 89 of the Conduct of Elections Rules, 1961 is not being followed by the DEOs leading to undue delay in disposal of accounts cases. Keeping in view the observation of the Karnataka Hig h Court (Judgment dated 26.07.19 99 of the Karnataka High Court in WP No. 4357 of 1999 -Guinness Hite Paksha Rangawamay Vs. Chief Election Commissioner and Ors.) which inter -alia states that there cannot be undue delay in passing order under section 10A and it should be passed within reaso nable time, the Commission has fixed a deadline of one year for disposal of all cases pertaining to account of election expenses (Annexure -C19). Election Expenditure Statement of the Candidate on the CEO`s W ebsite and ent ry of DEO’s Scrutiny Report in Encore : Scanned copy of the Abstract Statement (Part I to Part IV and schedule 1 to 1 1) of all the candidates along with copies of all notices issued by the RO, if any, and the replies thereto, during election period, must be put on the website of the CEO, positively within 3 days ofCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ DEO’s Scrutiny Report in Encore : Scanned copy of the Abstract Statement (Part I to Part IV and schedule 1 to 1 1) of all the candidates along with copies of all notices issued by the RO, if any, and the replies thereto, during election period, must be put on the website of the CEO, positively within 3 days of lodging of account of election expenses by the candidate, for wider dissemination of information to the public. An instruction may be issued in this regard by the CEO to all DEOs, that the summary of account of election expenses (Abstract Statement) be put on the website of the CEO within 3 days of receipt of the account of election expenses of the candidate und er single caption, namely, “General Election to the Legislative Assembly, 20… (Name of the State)- Candid ates’ Election Expenditure”. Any delay in this regard shou ld be strictly avoided. Preparatory activities like providing linkage to all the DEOs on CEO`s website may be completed well before the due date for poll in the constituency. The Comm ission has developed a new data entry portal as Encore , for online filing of the DEO’s Scrutiny Report in respect of the contesting candidates. The online form contains the same columns as the physical format of DEO’s Scrutiny Report. The data entry portal can be accessed by visiting the link https://encore.eci.gov.in . It is to be ensured that data is entered online within 3 days of finalization of DEO’s Scrutiny Report. (Annexure - C17) Comp ilation of Seizure Reports To ensure that all records regarding seizures made du ring the elections are maintained properly and correctly, the Chief Electoral Officers have to compile the details of seizure in the prescribed formats (Annexure -C3) after taking necessary inputs from the Nodal Officer of Police, DEOs and DG Income Tax (Inv.) etc. , and furnish the same to the Commission on the day of poll.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Introduction.txt _ To ensure that all records regarding seizures made du ring the elections are maintained properly and correctly, the Chief Electoral Officers have to compile the details of seizure in the prescribed formats (Annexure -C3) after taking necessary inputs from the Nodal Officer of Police, DEOs and DG Income Tax (Inv.) etc. , and furnish the same to the Commission on the day of poll. Simultaneously, the Nod al Officer of the Police, Nodal Officer of Income Tax Department and Nodal Officer of the Excise Department shall send their separate conso lidated report of seizure made during election process on the day of poll in prescribed format (Annexure -C4, C5 & C6). 80 The date wise sub totals of s eizure of each category for the district, the person from whom it has been seized and the authority to which it has been handed over (each seizure to be shown separately) will be maintained by the CEO office and only the conso lidated total figures shall be sent to Election Commission of India in the proforma enclosed. The CEO shall send monthly progress report of the seized amount/articles and status of FIRs registered during the election campaign to the Commi ssion, by 7th day of the succeeding month. After the statement of election expenditure is filed by the political parties, the CEO shall compare DEO’s reports on party expenditure with the statement of election expenses of political parties, by down loading the statements from the ECI website. If there is any discrepancy in the statement, report may be sent to the Commission by th e CEO . 81Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C3.txt Detailed Seizure Report to be submitted after completion of Poll by CEO Annexure-C3 Report on Se izure (up to 12 O`clock) Election Expend iture Monitoring on poll day by the CEO (Report is to be sent to the Election Commission of India by 1 PM on poll day) Sl. No. Details Remarks 1. Total No. of Expen diture Observers Deployed across the State/UT 2. Total No. of Flying Squa ds (FS) deployed across the State/UT 3. Total No. of Static surveillance Teams (SST) deployed across the State/UT 4. Total No. of Excise Teams Deployed across the State/UT 5(a). Total amount of cash seized during election process (In Rs) FS SST SHO/Police Authority 5(b). Total amount of cash released after verification by FS, SST and Police as per 5(a) 5(c). Total amount of cash handed over to the Income tax Department by the FS, SST and Police a s per 5(a) 5(d) Balance amount of seizure covered by FIR lodged by the FS/ SST/Police and lying with election authorities/kept in treasury/kept as per direction of the competent court{5a - (5b+5c} (In Rs.) 6. Total Liquor, (In Litres with approx. value in Rs.) , drugs (in Kg with approx. Value in Rs.) and others item s eized a cross the State/UT during election process Liquor (In Litres) Total drugs/Narcotics/ Psychotropic substances seized (In Kg ) Total of Other Items seized i.e. Campaign Material, Dhotis, Sarees, etc. during Election process Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) Monetary Value approx (In Rs.) 7a. By FS 7b. By SST 85 7c. By Excise Dept. 7d. By P olice 7e. Others 7f. Total .......... Liters ……………Kg Rs. Rs. Rs 8. (a)Total No. of suspected cases of ‘Paid News’ reported across the State/UT, where notices have been issued (b) Out of (a) above Total no. of Paid News cases decided by (i) Dist. MCMC (ii) State MCMCCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C3.txt Detailed Seizure Report to be submitted after completion of Poll by CEO 8. (a)Total No. of suspected cases of ‘Paid News’ reported across the State/UT, where notices have been issued (b) Out of (a) above Total no. of Paid News cases decided by (i) Dist. MCMC (ii) State MCMC 9. By FS By SST By other Police By RO 9a. Total No. of expenditure related FIR/ Police cases registered across the State/UT 9b. Arrests, if any, related to bribe/gratification etc. 9c. Total No. of FIR/Police cases registered for Excise law violation Signature of the CEO/ In charge of the nodal officer Election Expenditure Monitoring Date To The Secretary (EXP), Election Commission of India, New Delhi -110001Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7.txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart Annexure-C7 Election Commission ’s letter No. 76/2004/ J.S.II, dated 17.0 3.2004 addressed to the Chief Electoral Officers of all States/Union Territories. Subject: - Lodging of account of election expenses - Preparation of rate charts I am directed to enclose herewith a copy of the Commission's letter No.76 /2003 /J.S.II, dated 30th October. 2003, addressed to the Chief Electoral Officers of Madhya Pradesh, Chhattisgarh, Rajasthan, Mizoram and NCT of Delhi, on the sub ject cited in connection with General Election to Legislative Assemblies of these States. It was directed in the above referred letter that the District Election Officers shall compile the rate charts of the items shown in the list enclosed with the said letter on the basis of the rates prevailing in the district concerned and the rate list sh all be furnished to all observers and to the designated officers appoin ted by the District Election Officers. The instructions contained in the above mentioned letter dated 30th October, 2003 shall be strictly followed at the current General Elections to the Lok Sabha and Legislative Assemblies and at all future elections. ELE CTION COMM ISSION OF INDIA NIRVACHAN SADAN, ASHOK A ROAD , NEW DELHI -11000 1 Commi ssion’s letter No. 76/2003/J.S.II Dated : 30th October, 2003 To The Chief Electoral Officers of (i) Madhya Pradesh, Bhopal (ii) Chhattisgarh, Raipur (iii) Rajasthan, Jaipur (iv) Mizoram, Aizawl (v) NCT of Delhi, Delhi Subject: - Lodging of account of election expenses - Preparation of rate charts Madam/Sir, I am directed to say that the Commission has recently revised the proforma f or maintenance of accounts of election expenses by the candidates in the light of the recent amendment to Section 77 (1) of the Representations of the People Act. 1951vide i t s letter No.76/2003 J . S . I I , dated 14.10.2003.Compendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7.txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart Madam/Sir, I am directed to say that the Commission has recently revised the proforma f or maintenance of accounts of election expenses by the candidates in the light of the recent amendment to Section 77 (1) of the Representations of the People Act. 1951vide i t s letter No.76/2003 J . S . I I , dated 14.10.2003. In order to facilitate the scrutiny of expenditure which is to be maintained on a daily basis by the candidates in the prescribed proforma, the Commissio n has directed that all District Election Officers shall compil e the rate charts of the items in the enclosed list on the basis of the rates pre vailing in the district concerned. These rate lists be furnished to all Observers immediately 91 on their arrival in the respective districts and to all designated officers appointed by the District Election Officer for scrutiny of accounts by the contesting candidates. A copy of this instruction may be handed over to the Observers by the District Election Officer upon their arrival. RATE CHARTCompendium of Instructions On Election Expenditure Monitoring PART C. ROLE OF RO_ DEO AND CEO IN EXPENDITURE MONITORING_Annexure-C7.txt Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart 1. Hiring charges of Louds peaker with amplifier and microphone 2. Construction of podium/ pandal (standard size to seat 4-5 persons) 3. Cloth Banner 4. Cloth Flags 5. Plastic Flags 6. Hand Bills (cost to be calculated and print order ascertained from printer - refer 127A of R. P. Act, 1951 ). 7. Posters 8. Hoardings 9. Cut outs (wooden) 10. Cut outs (Cloth/Plastic) 11. Video Cassettes 12. Audio Cassettes 13. Erection of Gates 14. Erection of Arches 15. Daily hiring charges of vehicles: (i) Jeep/Tempo/Trucker, etc. (ii) Sumo/Qualis (iii) Cars (iv) Three - Whe elers (v) Cycle - Rickshaws 16. Hiring charges of hotel rooms/gu est houses 17. Charges of drivers, salary 18. H iring charges of furniture (chairs, sofa, etc.) and fixtures 19. Hiring charges of hoarding sites from municipal authorities. 20. O ther items commonly used in a district (DEO to prepar e rate list of such items. 92Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1.txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department Annexure-G1 ELECTION COMM ISSION OF INDIA Nirvachan Sadan, Ashoka Road, New Delhi-100001 No.76/Instruction s/EE PS/2013/Vol. II D ated: 16th January, 2013 To The Chairman, Central Board of Direct Taxes, Ministry of Finance, North Block, New Delhi Subject: General Elections to the Legislative Assemblies of Nagaland, Tripura and Meghalaya 2013 -Mod ifications in the Commission’s instructions on Election Expenditure Mon itoring- Reg. Sir, I am directed to state that the Commission has announ ced the schedule of the General elections to the Legislative Assemblies of Nagaland, Tripura and Meghalaya vide its Press Note, dated 11-01-2013 and to invite your kind attention to the Commission’s letter No. 76/Instructions/2012/EEPS, dated 27th July,2012 and subs equently modified letters dated 17-12-2012 and 15.01.2 013 (copies enclosed) issued to the Chief Electoral Officers of the above mentioned states on close su rveillance over election expenditure during the election periodCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1.txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department 2. Since black money vitiates the purity of election process, you are requested to make necessary arrangements to curb the use of black money during the elections, as mentioned below:- a. Monitoring by the Income Tax Department: All Airports in the state, major Railway Stations, Hotels, Farm Hous es, Hawala Ag ents, Financial Brokers, Cash Couriers, pawn brokers and other suspicious Agencies/ persons likely to be used for movement of undisclosed cash during election process shall be kept under close surveillance by the Income Tax Dept.. For this purpose, the services of the officers and officials under the supervision of D irector General of Income Tax (Inv.) in charge of the state are requisitioned by the Commission. The placement of officers of Investigation Directorate is to be done immediately after the notification of elections in a state, in the state capital or in such sensitive places, as decided by the Income Tax Deptt. 303 b. For this purpose, the Director General of Income Tax (Inv) shall take steps to open a 24X7 Control Room, and complaint monitoring cell preferably in the State capital having a toll free number for receiving complaints or information regarding movement of large sums of cash or other items suspected to be used for bribing of electors. The Income Tax Investigation D irectorate, on the basis of information or complaint, shall condu ct independent enquiry against any person and the DEO shall take steps to provide security personnel enabling them to take necessary action. The ou tcome of the enquiry by the Income Tax Investigation D irectorate shall be reported to the Commission with copy to the CEO of the respective State. c. Besides the above, the Investigation Directorate and Financial Intelligence Unit (FIU), Govt. of India shall down load from ECI website the copies of affidavits declaring assets and liabilities by the candidates. The FIU shall also verify the information availableCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1.txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department Income Tax Investigation D irectorate shall be reported to the Commission with copy to the CEO of the respective State. c. Besides the above, the Investigation Directorate and Financial Intelligence Unit (FIU), Govt. of India shall down load from ECI website the copies of affidavits declaring assets and liabilities by the candidates. The FIU shall also verify the information available with them pertaining to the candidates and send the report to the DGIT (Inv) of the State through CBDT. The Investigation Directorate shall also verify the information available with the Income Tax Department and the report shall be sent to the Commission wh ere any supp ression of information about assets or liability or pending dues is noticed. In any case, the investigation report regarding the assets shou ld be sent not later than 6 months from the date of poll. d. If any information pertaining to election expenses by any candidate or political party is gathered by the Investigation Directorate either during the election campaign or in course of their independent investigation of any person including the case of the candidates, either before or after the election, it shou ld be reported to the Commission. e. Besides the above, the Investigation Directorate of Income Tax Department shall report to the Commission about the political parties which are taking donations and enjoying tax exemptions in the poll bound states without filing the statutory returns and action taken by the Dept. within 2 weeks of announ cement of election. f. Deployment of Income Tax officials: i. The team of Income tax officials besides gathering intelligence on their own in the state shall station themselves at such sensitive places, where movement of large sums of un- disclosed cash etc. is suspected and take action as per the Income Tax laws. ii. Besides, the Income Tax Department shall open Air Intelligence Unit in all airports ofCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1.txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department f. Deployment of Income Tax officials: i. The team of Income tax officials besides gathering intelligence on their own in the state shall station themselves at such sensitive places, where movement of large sums of un- disclosed cash etc. is suspected and take action as per the Income Tax laws. ii. Besides, the Income Tax Department shall open Air Intelligence Unit in all airports of the poll bound States and airports having commercial flights to poll bound States and keep 304 strict vigil over the movement of cash through the aircrafts (including p rivate aircrafts) leading to or taking off the poll bound states. If any cash exceeding Rs. 10 lakh is found in the airport, the Income Tax Department shall take steps to take necessary action under the Income Tax laws. If it is not possible to seize the same under Income Tax laws, then Income Tax Department sh all pass on information to the CEO of the state instantly who shall take steps under IPC, if the cash is suspected to be used for bribing of electors. The CISF authorities will extend necessary information and cooperation in this regard. iii. If information of cash withdrawal in excess of Rs. 10 Lakh from the bank account by any person is reported by the Bank to the DEO, the same shall be passed on by the DEO to the Nodal Officer of Income Tax Investigation D irectorate / Assistant Director of Income Tax(Inv.) in charge of the district, who shall take immediate action under the Income Tax laws.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G1.txt Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expenditure Monitoring by Income Tax Department 3. The Activity Report shall be forwarded by the Asst./ Dy. Director of Income Tax (Inv.) as per the revised format (Annexure-24*), to the Nodal Officer at the O/o DGIT (Inv.)/DIT(Inv.) concerned who will in turn compile the reports and send it to Election Commission every alternate day, with copy to CEO. The format in Ann exure 24, as revised is also enclosed herewith. Yours faithfully, Sd/- (S. K. RUDOLA) SECRETA RY *Please refer Annexure -B11 for Annexure -24 as the Compendium has been re vised . 305Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS,STATIC SURVEILLANCE TEAMS,ATM VANS, CHECKING OF HELICOPTERS ETC AND FOR MONITORING BY INCOME TAX DEPARTMENT ETC . The Commission’s instructions are implemented uniformly and proper procedures are followed, standard operating procedures (SOPs) for Flying Squads, Static Surveillance Teams, transportation of cash through ATM vans, checking helicopters/ aircrafts and for checking made at the non commercial airports/ helipads have been formulated fo r the convenience of the officers and personnel engaged in their implementation. A. Standard Operating Procedure for Flying Squads and Static Surveillance Teams: For the purpose of maintaining pu rity of elections, the Election Commission of India has issued a Standard Operating Procedure (SOP) for Flying Squads, Static Surveillance Teams and Check Posts, constituted for keeping vigil over excessive campaign expenses, distribution of items of bribe in cash or in kind, movement of illegal arms, ammunition, liquor and activities of antisocial elements etc. in the constituency during election process, as per Commission`s letter no. 76/Instructions/EEPS/2015/Vol.II, dated 29th May, 2015 (Annexure-G7). Daily Activity Reports are to be furnished by the FS and SST in the prescribed formats (Annexure -B8, B9 & B10 ). The members of each Flying Squad and Static Surveillance Team, should not be assigned duty for more than 8 hrs., to the extent possible, in a day and the teams are to be dismantled immediately after poll/ re-poll. The Commission has issued Standard Operating Procedure for follow up action by the Flying Squads on receipt of complaints relating to storage of cash or other valuables etc. in any premise as per Annexure-G9. The seized amount will not be treated as election expenditure of the candid ate till the caseCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ possible, in a day and the teams are to be dismantled immediately after poll/ re-poll. The Commission has issued Standard Operating Procedure for follow up action by the Flying Squads on receipt of complaints relating to storage of cash or other valuables etc. in any premise as per Annexure-G9. The seized amount will not be treated as election expenditure of the candid ate till the case filed in the court is decided finally and till such time it shall not be entered in Shadow Observation Register. The Complaint/FIR copy shall be kept in the Folder of Evidence (Annexure -G3). There are instances of keeping cash and valuables in Treasury/Malkhana without any FIR/Complaint . The Commission is concerned about the grievances of public and hence, it is reiterated that a s per instruction laid in ‘Para 16 -Release of Cash’ of its SOP dated 29th May, 2015 ( Annexure -G7) in order to avoid inconvenience to the public and genuine persons and also for redressal of their grievances, if any, ‘District Grievance Committee’ shall be formed comprising three officers of the District, namely, (i) CEO, Zila Par ishad/CDO/PD, DRDA, (ii) Nodal Officer of Expenditure Monitoring in the District Election Office (Convenor) and (iii) District Treasury Officer (Annexure -G13). B. Standard Operating Procedure for transportation of cash by ATM Vans etc. In pursuance of ‘SOP’ prescribed by the Ministry of Finance (Department of Financial Services), copy enclosed as per Annexure-G2, it is reiterated that the banks shou ld follow the following procedure for transpo rtation of cash scrupulously:- 298 (i) The b ank sh all ensure that the cash vans of outsourced agencies/companies carrying that bank’s cash shall not, under any circumstances, carry cash of any third party agencies/individuals except the banks. Towards this, the outsourced agencies/companies shall carry letters/documents etc. issued by the banks givingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ 298 (i) The b ank sh all ensure that the cash vans of outsourced agencies/companies carrying that bank’s cash shall not, under any circumstances, carry cash of any third party agencies/individuals except the banks. Towards this, the outsourced agencies/companies shall carry letters/documents etc. issued by the banks giving details of the cash released by the banks to them and carried by them for filing the ATMs and delivering cash at other branches, banks or currency chests. (ii) The personn el of the outsourced agencies/companies accompanying cash van shall carry identity cards issued by the respective agencies. (iii) 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) intercept the outsourced agency/ company’s cash van for inspection, the agency/company shou ld be in a position to clearly show to the Election Commission through accompanying documents and also physical inspection of the currency that they have collected the cash from the banks for the pu rpose 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. (iv) The aforesaid procedure shall be part of the standard operating rules and procedure of banks for transpo rt of cash. (Annexure-G2) With regard to information of suspicious or illegal cash, foreign currency and Fake Indian Currency Notes (FICN) etc. found during elections a reference may be made to the relevant enforcement agencies in the district. The Investigation D irectorate of Income Tax Department shall be deployed during elections and they shall perform the functions as mentioned in ECI letter No76 /Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 (Annexure-G1). The DailyCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ Currency Notes (FICN) etc. found during elections a reference may be made to the relevant enforcement agencies in the district. The Investigation D irectorate of Income Tax Department shall be deployed during elections and they shall perform the functions as mentioned in ECI letter No76 /Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 (Annexure-G1). The Daily Activity Report shall be forwarded by the Asst./ Dy. Director of Income Tax (Inv.) as per the revised format (Annexure -B11), to the Nodal Officer at the O/o DGIT (Inv.)/ DIT(Inv.) concerned who will in turn compile the reports and send it to Election Commission every alternate day, with copy to CEO. C. Standard Operating Procedure for checking helicopters/Private Aircrafts – The Bureau of Civil Aviation Security vide its O.M. No. CAS-7 (15)/2012/Div-I (Election ), dated 03.07.20 13 and Addendum No. CAS -7(15)/2012/DIV -I (Electi on), dated 11-10-2013 (Annexure -G4, G5 and G 6) has issued instructions in supersession of all other instructions recommending the following steps: 299 Pre-embarkation check s at Commercial Airports: (i) During the election process, all rules and procedu res w ith regard to frisking and checking of persons and baggage should be strictly enforced without any exception. All passengers (excepting those who are exempted under the Ru les) and all the baggage (excepting that which is exempted under the Rules), boa rding any aircraft/helicopters including commercial/ chartered flights will pass through the pre -embarkation security checks area of operational ai rports of the State going of Polls. (ii) No prior permission for landing or take off of chartered aircrafts (including fixed wing aircrafts) and helicopters at commercial airports shall be required from District Election Officer (DEO) or Returning Officer (RO). The Air Traffic Contro l (ATC) in commercial airports shall inform the Chief Electoral Officer (CEO) of the state and theCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ (ii) No prior permission for landing or take off of chartered aircrafts (including fixed wing aircrafts) and helicopters at commercial airports shall be required from District Election Officer (DEO) or Returning Officer (RO). The Air Traffic Contro l (ATC) in commercial airports shall inform the Chief Electoral Officer (CEO) of the state and the DEO of the district, in which the airport is located, about the travel plan of chartered aircrafts or helicopters as early as po ssible, preferably half an ho ur in advance. (iii) However, during election process, the ATC shall keep record of all such chartered aircrafts or helicopters, landing and taking off from commercial airports, time of landing, time of take -off and passenger manifest, route plan etc. The ATC shall make a copy of this information available to the CEO of the state conc erned and to DEO of the district, in which airport is located, within 3 days, after the date of landing/take off and the CEO/DEO shall make such in formation available to the Ex penditure Observer for making necessary verification during inspection. The ATC shall also make the record available for inspection by Expenditure Observer whenever required. (iv) All baggage, including hand baggage, of persons/passengers (not exempted un der the Rules) but permitted to avail the facility of vehicle for going up to ai rcraf t shall also be screened by CISF/State/UT police without any relaxation. (v) The CISF or police authorities of the State or Union Territory o n detection of cash, exceedin g Rs.10 lakhs or bullion, weighing 1 kg or more, in the baggage of aircrafts, flying to or from the poll bound state, shall instantaneously report to the Income Tax Department. (vi) The Income Tax Department, on receipt of information shall make necessary verification as per the Income Tax Laws and take necessary measures if no satis facto ry explanation is given. They shall also inform the Election Commission/Chief ElectoralCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ flying to or from the poll bound state, shall instantaneously report to the Income Tax Department. (vi) The Income Tax Department, on receipt of information shall make necessary verification as per the Income Tax Laws and take necessary measures if no satis facto ry explanation is given. They shall also inform the Election Commission/Chief Electoral Officer/District Election Officer concerned, before re lease of any such cash or bul lion. (vii) The law enforcement agencies, like CISF, State Police and Income Ta x Dep artment shall develop their internal Standard Operating Procedure (SOP) in such a way that the entire event right from detection till seizure or release at the airport is captured by close 300 circuit TVs/Video Camera. For this purpose the CCTVs shall be insta lled in all commercial airports in places where the cash/ bullion is detected counted/ seized and also in the interrogation chambers of the la w enforcement agencies includ ing Income Tax Department Such recording of CCTVs/Video Camera shall be preserve d wit h the Airport Operator/ Authority for a period of 3 months and when required, be made available to the Election Commission/CEO. Checks at Non -commercial Airports/he lipads : (viii) At remote/uncontrolled airports/helipads, the flying squad or p olice authorities of the State/UT in coordination with pilot of the aircraft shall carry out the screening/physical checking of all baggage coming out of the craft (excepting t he handheld purse or pouch by any passenger). Any unauthorized arms, contraband goods , cash exceeding Rs.50,000/ - belonging to any candidate or agent or party functionary shall be investigated and considered for seizure as per order of Hon’ble Supreme Cour t in Election Commissioner vs Bhagyoday Janparishad & Ors. WP No. 231/2012, date dCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ 09.11.2012. However, it is clarified that frisking of body of any passenger shall not be done at the time of disembarkation at such remote uncon trolled airports/helipads , unless there is specific information about unauthorized arms or contraband goods, etc., being carried by the person. (ix) 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, mentioning the details of t ravel plan, place of landing in the district and names of passengers in the aircrafts/helicopters so that DEO can make adequate arrangements for se curity, law and order issues and also to make available the coordinates of the helipad. On receipt of such a pplic ation, DEO shall issue permission on the same day on priority basis. (x) Every candidate shall also inform the Returning Officer concerned in writing within five days aft er the landing of aircraft/helicopter, in his constituency about the hiring charges p aid/payable to the company owning/leasing the aircraft/helicopter, the names of passengers and name of the political party. (if the party has borne the expense for the hiring) (xi) Passengers, crew and baggage to be transported in General Aviation/Cha rtered/Private aircrafts and aircrafts owned or hired by state governments shall be emplaned through the normal pre -embarkation security check procedure as is applicable to sch eduled flights. Similarly normal disembarkation channel shall be followed and ex it of such passengers and baggage shall not be allowed through any other 301 gate of the airport. Movement of exempted category passengers is to be coo rdinated in advance for smoot h passage but their hold baggage will be screened. (xii) Baggage (except the han dheld purse or pouch by any passenger) of arriving passengers, crew in respect of General Aviation/Chartered/Private aircrafts and aircraftCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ 301 gate of the airport. Movement of exempted category passengers is to be coo rdinated in advance for smoot h passage but their hold baggage will be screened. (xii) Baggage (except the han dheld purse or pouch by any passenger) of arriving passengers, crew in respect of General Aviation/Chartered/Private aircrafts and aircraft owned or hired by state governments shall be screened/physically checked randomly by CISF/ASG or State Police, where deployed. The X -BIS may be provided at the arrival by the airport operator. CISF/ASG shall arrange to deploy additional manpower, if necessary for this duty. (xiii) Air port operators manning the In -line Baggage Screening System (IBSS) and the aircraft o perators engaged in screening of baggage through stand alone X -BIS, shall report the detection of any unauthorized arms to police and suspicious money/bullion to Income Ta x Officer(s) posted at the airports in poll going states without any delay; and (xiv) It will be the responsibility of District Magistrate/SP to prevent transport of unauthorized arms, contraband goods and suspicious money/bul lion in General Aviation/ Chartered/ Private aircrafts and aircraft owned or hired by state governments opera ting to/from remote/ uncontrolled airports/helipads to poll going states during election process. D. The Non-Scheduled Operator’s Permit holders ( NSOP) are free to fix the hir ing charges and such charges are not being regulated by the office of DGCA (NSOP ) (Annexure- G8), list of NSOPs is available in the DGCA’s website www. dgca.nic.in at link Operators -Non-scheduled. E. Central Board of Indirect Ta xes & Customs (CBIC) has prescribed a Standard Operating Procedure for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cas h, illicit liquor, drugs /narcotics, freebies and smuggled goods during elections. (Anne xure-G10)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Introduction.txt _ Operators -Non-scheduled. E. Central Board of Indirect Ta xes & Customs (CBIC) has prescribed a Standard Operating Procedure for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cas h, illicit liquor, drugs /narcotics, freebies and smuggled goods during elections. (Anne xure-G10) F. M/o Petroleum & Natural Gas has advised the Chairman & CMDs of Oil Marketing Companies to take all the appr opriate measures to prevent and check sale of coupons for buying fuel in th e poll bound States/UT s and t heir neighboring States/UT s, so that it does not vitiate the electoral process. (Anne xure -G11) G. Standard Operating Procedure (SOP) for i dentification of Expenditure Sensitive Const ituencies (ESCs) and Expenditure Sensitive Pocke ts (ESPs). ( Annexure -G12)TABLE OF CONTENTS_PART A and B_Introduction.txt _ No voter to be left behind” TABLE OF CONTENTS Brief Description of Items and - Annexure No.- Annexure No. No. Page No. A. ELECTION EXPENDITURE MONITORING INTRODUCTION AND RELATED LEGAL PROVISIONS 1-17 Legal Provisions (Relevant excerpts from the Indian Penal Code, 1860, Representation of the People Act,1951 and Conduct of Ele ctions Rules, 1961) - Annexure No.A1 5-17 B. STRUCTURE OF ELECTION EXPENDITURE MONITORING AND FU NCTIONS OF ITS VARIOUS ORGANS 18-68 Arrival/Departure Report of the Expenditure Observer - Annexure No. B1 36 Expenditure Observer Report -I - Annexure No. B2 37-38 Expenditure Observer Repor t-II - Annexure No. B3 39-40 Expenditure Observer Report -III - Annexure No. B4 41-42 Expenditure Observer’s Final Report (Report –IV) - Annexure No. B5 43-44 Expenditure Observer’s Feedback/Status Report - Annexure No.B6 45-46 Format of Day to day seizure reporting by CEO & Format for Weekly reporting on seizu re made at Inter State Border Checkposts/Areas - Annexure No.B7 47-48 Daily Activity Report by Flyin g S quad on seizure of Cash/Other items and on related complaints - Annexure No.B8 49 Daily Activity Report by Flying Squad on MCC related complaints - Annexure No.B9 50 Daily Activity Report by Static Surveillance Teams Annexure No.B10 51 Format of Activity Report by Investigation Directora te B11 52 Format for Report on alternate day of IMFL/Beer/Country Liquor by the State/District Level Nodal Officer - Annexure No.B12 53-54 Shadow Observation Register for Main tenanc e of Day to Day Accounts of Contesting Candidates - Annexure No. B13 55 Daily Report of the Assistant Expenditure Observer - Annexure No.B14 56-57 Cue-Sheet for Video-Surveillance Teams - Annexure No.B15 58 Details of Advertisements/Paid News in Print/Electronic Media - Annexure No. B16 59-61TABLE OF CONTENTS_PART A and B_Introduction.txt _ Shadow Observation Register for Main tenanc e of Day to Day Accounts of Contesting Candidates - Annexure No. B13 55 Daily Report of the Assistant Expenditure Observer - Annexure No.B14 56-57 Cue-Sheet for Video-Surveillance Teams - Annexure No.B15 58 Details of Advertisements/Paid News in Print/Electronic Media - Annexure No. B16 59-61 Daily action tak en report of RO on Call Centre information - Annexure No.B17 62 Commission’s letter no. 76/Instructi on/2014/EEPS/Vol. I, dated 07th April, 2014 regarding Clarification regarding tenure of deployment of Expenditure Monitoring Teams in elections - Annexure No.B18 63 Commission’ s lett er no. 76/I nstructions/EEPS/2016/Vol. II, dated 22nd March, 2016 regarding Exchange of information and co -ordin ation between Expenditure Observers and all the Enforcement Agencies of Election Expenditure Monitoring - Annexure No.B19 64 Commission’s letter no. 76/Instru ction/2019/EEPS/Vol. XV, dated 22nd March, 2019 regarding commencement of duty of FS, SST, VST, VVT, Accounting Team, MCMC, Liquor Monitoring and AIU - Annexure No.B20 65-66 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. V, dated 22nd April, 2019 re gardin g deploymen t of FS and SST in elections held in phases - Annexure No. B21 67 Commission’s letter no. 61/Complaints/GE - LS/2019 /EEPS/Vol. XV, dated 17th May, 2019 regarding seizure of foreign currency - Annexure No.B22 68Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G3.txt Commission’s letter no. 76/Instructions/2013/EEPS/Vol.V dated 18th April, 2013 clarification regarding election expenditure towards serving food, mass marriages, seized cash and other issues. Annexure-G3 ELECTION COMMISSION OF INDIA NIRVACHAN SADAN ASHOKA ROAD NEW DELHI -110001 No. 76/Instructions/2013/EEPS/Vol V Dated: 18th April, 2013 To The Chief Electoral Officer Karna taka Bangalore Subject: - Clarifi cations on Election Expenditure towards serving food, mass marriages, seized cash and other i ssues -Regarding Sir, I am directed to refer to your letter no. nil dated 13.04.2013 received through e -mail and to cl arify as under: - 1. Serving food, cold d rinks, butter milk to the people who ha ve come for rally organised by the political party or candidate – (a) Under section 77 of the Representation of the People Act, 1951 the candidate is required to keep a separa te and correct account o f all expenditure in connection with the election, incurred or authorised by him or his election agent between the date of nomination and the date of declaration of result. The amount incurred on such items shall be booked in the election expenditure of the candidate(s), w ho has/have organised such rally/meetin g. If the rally/meeting is organised by the politic al party then expenditure on such items shall be regulated in terms of Hon`ble SCI Judgement in Kanwar Lal Gupta Vs Am ar Nath Chawla (AIR 197 5 SC 308, dated 1 0-04-1974) incorporated in para 10.2 of the Instructions on Election Expenditure Monitoring - March 2013. (b) However, serving only portable drinking water or butter milk among the people, who attended the rally, may not constitute bribery under section 171 B of IPC. 2. Mass Marriage: - There is no restriction by the Commission on such function. If there is any suspicion that such function is being used for election campaign, then the same should be monitored. Howe ver, candidate’s expendi ture shall be reg ulated in terms of instruction given in paras 5.10.2 and 5.10.3 of the Instructions on Electi on Expenditure Monitoring –March, 2013.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G3.txt Commission’s letter no. 76/Instructions/2013/EEPS/Vol.V dated 18th April, 2013 clarification regarding election expenditure towards serving food, mass marriages, seized cash and other issues. 2. Mass Marriage: - There is no restriction by the Commission on such function. If there is any suspicion that such function is being used for election campaign, then the same should be monitored. Howe ver, candidate’s expendi ture shall be reg ulated in terms of instruction given in paras 5.10.2 and 5.10.3 of the Instructions on Electi on Expenditure Monitoring –March, 2013. 5.10.2 and 5.10.3 of the Instructions on Election Expenditure Monitoring – March, 2013. 3. Convoy/Bike Rallies: -The Commiss ion, vide its letter no. 437/6/INST/201 0-CC & BE, dated 5th October, 2010 had decided that du ring the Model Code period, the vehicles of political parties and candidates moving in a convoy shall not have more than t en vehicles 308 excluding th e security vehicl es, if any, provided to the candidates, leaders of political parties etc., in that convoy. 4. Seized cash or other items to be recorded in the Shadow Observation Register : As per the existing instruction, if the sei zed cash or other items are found to be l inked with a candidate, then after fili ng complaints/FIR by the R.O or any other officer auth orized by him shall send the copy of complaints/FIR to the Expenditure Observer/Assistant Expenditure Observer who shall m ention it in Shadow Obse rvation Register. In partial modification of para 6 of the Commission’s order no. 76/Instructions/2013/EEPS/V ol. I, dated 21 March, 2013. (Annexure -73 of Instructions on Election Expenditure Monitoring, March 2013), it is hereby c larified that the seized amount will not be treated as election expenditure of t he candidate till the case filed in the court is deci ded finally and till such time it shall not be entered in Shadow Observation Register. The Complaint/FIR copy shall be ke pt in the folder of evid ence. Yours fai thfully, Sd/- (S.K.RUDOLA) SECRETARYCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2.txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections Annexure-G2 F.No.60 (2)/2008-BO.II Government of India Ministry of Finance Department of Financial Services 3rd Floor, Jeevan Deep Building, Parliament Street, New Delhi Dated the 20th February, 2013 To The Election Commission of India Nirvachan Sadan, Ashoka Road New Delhi (Kind Attention: Shri S. K. Rudola, Secretary) Subject:- Transport of Clean and genuin e cash by banks during elections-Reg. Sir, 1. Kindly refer to the Election Commission of India’s letter No. 75/EI. Ex/ITD/2012 /EEPS/605 dated 29th May, 2012 on the above subject and reply of this Department vide letter of even number dated 06.11.2012, inter-alia, indicating that a Standard Operating Procedure will be evolved by the Indian Banks’ Asso ciation and this Department will share the SOP with Election Commission so that the same become a part of the checking procedure of the election machinery thereby ensuring smooth transpo rt of clean and genuine cash by banks during elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2.txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections 2. Indian Banks Asso ciation gathered the views/comments of select group of banks and based on the feedback received from banks and after deliberations, the M anaging Committ ee of the IBA has finalized and circulated following guidelines for transpo rtation of cash to all member banks for implementation. - The bank shall ensure that the cash vans of outsourced agencies/companies carrying that bank’s cash shall not, under any circumstances, carry cash of any third party agencies/individuals except the banks. Towards this, the outsourced agencies/companies shall carry letters/documents etc. issued by the banks giving details of the cash released by the banks to them and carried by them for filing the ATMs and delivering cash at other branches, banks or currency chests. - The personnel of the outsourced agencies/companies accompanying cash van shall carry identity card issued by the respective agencies. - 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 o fficial) 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. 306 - The aforesaid procedure shall be part of the standard operating rules and procedure of banks for transport of cash.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G2.txt Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections 3. Kindly find enclosed a copy of Circular dated 04.02.2013 issued by IBA to the member banks. We request you to kindly consider making these guidelines to become part of the checking procedure of the election machinery thereby ensuring smooth transpo rt of clean and genuine cash by banks during elections. Yours faithfully, Sd/- (D.D. Maheshwari) Under Secretary to the Government of India Tel. No.011 -23748750 E-mail:usbo2 -dfs@nic.in, bo2@n ic.in Encls: As Above 307Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process Annexure-G4 CAS-7 (15)/2012 /Div-I (Election ) GOVERN MENT OF INDIA BUR EAU OF CIVIL AVIATION SECUR ITY (MINISTRY OF CIVIL AVIATION) A' WING, JANPATH BHAWAN JANPATH, NEW DELHI -110001 Dated: 03/07/2013 OFFICE MEMOR ANDUM Subject: Modified Standard Operating Procedure to prevent transport of unauthorized arms, contraband goods and suspicious money/bullion through airports during election process - matter reg. Ref. OMs of even no. dated 0 8.04.2011 and dated 14.02.2012 Reports are received that during the process of elec tions, unauthorized arms, contraband goods or large sum of cash/bullion are often transported through chartered aircraft/h elicopters/passengers of commercial airli nes to the poll bound States. The Elect ion Commission of India is concerned about such incide nts, which may disturb the level playing field during the election process.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 2. Therefore, as per request of the Election Commission of India, it is hereby directe d that the following measures shall be taken, while keeping vigil over the baggage/passengers at commercial airports and in non -commercial airstrips/helicopters of the States, going for poll of those boarding such a ircrafts to the poll bounds States: Pre-embarkation checks at Commercial Airpor ts: (i) During election process, all rules and proc edures with regard to frisking and checking of persons and baggage should be strictly enforced without any exception. All passengers (excepting th ose who are exemp ted under the Rules) and all the baggage (excepting that which is exempted under the Rules), boarding any aircraft/helicopters including commercial/ chartered flights will pass through the pre -embarkation security c hecks area of operational airports of the State going of Polls. (ii) No prior permission for landing or take off of chartered aircra fts (including fixed wing aircrafts) and helicopters at commercial airports shall be required from District Election Offic er (DEO) or Returning Of ficer (RO). The A ir Traffic Control (ATC) in commercial airports shall inform the Chief Electoral Officer (CEO ) of the State and the DEO of the district, in which the airport is located, about the travel plan of chartered aircrafts or helicopters as early as possible, pref erably half an hour in advance. 310 (iii) However, during election process, the ATC shall kee p record of all such chartered aircrafts or helicopters, landing and taking off from commercial airports, time of landing, time of take off and pa ssenger manifest, route plan etc. The ATC shall make a copy of this information available to the CEO of the St ate concerned and to DEO of the district, in which airport is located, within 3 days, after the date of landing/take off a nd the CEO/DEO shall make such informatio n available to the Expenditure Observer for making necessaryCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process time of take off and pa ssenger manifest, route plan etc. The ATC shall make a copy of this information available to the CEO of the St ate concerned and to DEO of the district, in which airport is located, within 3 days, after the date of landing/take off a nd the CEO/DEO shall make such informatio n available to the Expenditure Observer for making necessary verification during inspection. The ATC shall also make the record available for inspection by Expenditure Observer whenever required. (iv) All baggage, including hand baggage, of persons/passe ngers (not exempted under the Rules) but permitted to avail the facility of vehicle for going up to aircraft shall also be screened by CISF/State/UT police without any relaxation. (v) The CISF or police authorities of the State or Union Territory on detec tion of cash, exceeding Rs.10 lakhs or bullion, weighing 1 kg or more in the baggage of aircr afts, flying to or from the Poll bound State, shall instantaneously report to the Income Tax Department. (vi) The Income Tax Department, on recei pt of information shall make necessary verification as per the Income Tax Laws and take necessary measures if no satisfactory explanation is given. They shall also inform the Election Commission / Chief Electoral Officer / District Election Officer concerned, before releas e of any such cash or bullion. (vii) T he law enforcement agencies, like CISF, State Police a nd Income Tax Department shall develop their internal Standard Operating Procedure (SOP) in such a way that the entire event right from detection till seizure or r elease at the airport is captured by close circuit TVs/ Video Camera. For this purpose the CC TVs shall be installed in all commercial airports in places where the cash/ bullion is detected counted/ seized and also i n the interrogation chambers of the law e nforcement agencies including Income Ta x Department Such recordingCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process event right from detection till seizure or r elease at the airport is captured by close circuit TVs/ Video Camera. For this purpose the CC TVs shall be installed in all commercial airports in places where the cash/ bullion is detected counted/ seized and also i n the interrogation chambers of the law e nforcement agencies including Income Ta x Department Such recording of CCTVs / Video Camera sh all be preserved with the Airport Operator/ Authority for a period of 3 months and when required, be made available to the Election Commission/CEO . Checks at Non -commercial Airports/helipads : (viii) At remote/uncontrolled airports/helipads, the flying sq uad or police authorities of the State/UT in coordination with pilot of the aircraft shall carry out the screening/physica l checking of all baggage coming out of t he craft (excepting the handheld purse by the ladies). Any unauthorized arms, contraband good s, cash exceeding Rs.50,000/ - belonging to any candidate or agent or party functionary shall be investigated and considere d for seizure as per 311 order of Hon’ble Sup reme Court in Election Commissioner vs Bhagyoday Janparishad & Ors. WP No. 231/2012, dated 09 .11.2012. However, it is clarified that frisking of body of any passenger shall not be done at the time of disembarkation at such remote uncontrolled airports/hel ipads, unless there is specific informa tion about unauthorized arms or contraband goods, etc. , being carried by the person. (ix) At remote/uncontrolled airports and helipads, application will have to be made eit her by the candidate or by the political party to the DEO concerned, at least 24 hours before landing, mentioning the details of trave l plan, place of landing in the district and names of passengers in the aircrafts/helicopters so that DEO can make adequat e arrangements for security, law and orde r issues and also to make available the coordinates of the helipad. On receipt of suchCompendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process the candidate or by the political party to the DEO concerned, at least 24 hours before landing, mentioning the details of trave l plan, place of landing in the district and names of passengers in the aircrafts/helicopters so that DEO can make adequat e arrangements for security, law and orde r issues and also to make available the coordinates of the helipad. On receipt of such appli cation, DEO shall issue permission on the same day on priority basis. (x) Every candidate shall also inform the Returnin g Officer concerned in w riting within fiv e days after the landing of aircraft/helicopter, in his constituency about the hiring charges paid/payable to the company owning/leasing the aircraft/helicopter, the names of passengers and name of the political par ty. (if the party has borne the expense f or the hiring)Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 3. All concerned are re quested to ensure that the above directions are strict ly complied with under intimation to this office. Sd/- (R N Dhoke, IPS) Addl. Commissioner of Security ( CA) Distrib ution: 1. All Chief S ecretaries of Sta tes/UTs 2. The DG, CISF, 13 CGO’s Complex, Lodhi Road, New Delhi. 3. All DGP/IGP of Sta tes.UTS 4. DGCA, Oppo. Safdarjung Airport, New Delhi. 5. Chairman, AAI, Safdarjung Airport, New Delhi. 6. The RDCOS( CA), BCAS, Delhi, Amritsar, Mumbai, Ahmed abad, Chennai, Hyderaba d, Kolkata & Guwahati: for strict compliance. 7. The MD, DIAL, New Udan Bhawan, Opp.Terminal -3, IGI Airport, New Delhi -37. 8. The MD, MIAL, CSI Airport, 1st Floor, Termi nal IB, Santacruz (E), M umbai -400009. 9. The MD, CIAL, Cochin International Airport Ltd., Cochin Airport, Cochin. 10. The MD, HIAL, Hyderabad International Airport Limited, Shamshabad - 500409, Ranga Reddy Distt., A.P. 11. The MD, BIAL, Bangalore Internat ional Airport Ltd., Administration Block, Bengaluru International Airport Devan ahalli, Bangalore -560300. 12. The MD, MIHAN India Priv ate Ltd. Dr. Babasaheb Ambedkar International Airport, Nagpur. 312 Copy to: - 1. Election Commission of India (Shri Anuj Ja ipuriar Secretary) Nirva chan Ashoka Roa d, New Delhi.: w.r.t. letter No.76/Instructions/2013/EEPS/Vol.I dated 27th June , 2013 2. The Secretary to the Govt. of India, Ministry of Civil Aviation, Rajiv Gandhi Bhavan, Safdarjung Airport, New Delhi 3. The Chairman, CBDT, North Block, New De lhi 4. The Joint Director, IB, 35 SP Marg, New Delhi Internal: 1. PPS to Jt. COSCA 2. Shri R.N. Dhoke, Addl.COS(CA), Nodal Officer, Tel No. 011 -23311467 Mob no. +919013626505, Tel. No. (011)23311467, Mob. No. +919013626505 3. Shri M. T. Baig., A sstt. Commissioner of Security (CA), Alternate Nodal Officer Tel. No.(011) 23731721Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G4.txt Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to prevent transport of suspicious money/bullion through airports during election process 4. The Joint Director, IB, 35 SP Marg, New Delhi Internal: 1. PPS to Jt. COSCA 2. Shri R.N. Dhoke, Addl.COS(CA), Nodal Officer, Tel No. 011 -23311467 Mob no. +919013626505, Tel. No. (011)23311467, Mob. No. +919013626505 3. Shri M. T. Baig., A sstt. Commissioner of Security (CA), Alternate Nodal Officer Tel. No.(011) 23731721 4. All Officers in BCAS HQrs Sd/- (R. N. Dhoke, IPS) Addl. Commissioner of Security 313Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections Annexure-G10 Instruction No. 2 2/2023 -Customs F. No. CBIC -21/125/ 2021 -INV-CUSTOMS -CBEC Government of India Ministry of Finance Department of Revenue Central Board of Indirect taxes & Customs (CBIC) Investigation - Customs ***** 10th Floor , Tower -2, Jeevan B harti Building, Parliament Street, New Delhi -110001. Email: inv -customs @gov.in Tel. 011 -21400625 Date: 06.07.2023 To All Pr. Chief Commissioners/ Chief Commissioners of Customs /Customs (Prev.)/ Central GST, The Pr. Director General, Dire ctorate General of GST Intelligence, New Delh i, The Pr. Director General, Dire ctorate of Revenue Intelligence, New Delhi, The Director General, DGA RM, New Delhi. Madam/Sir, Sub: Standard Operating Procedure for stepping up of Preventive Vigilance Mechanis m by the jurisdicti onal C BIC field forma tions and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections -reg. Election Comm ission of India (ECI) has highlighted that the election expenditure monito ring mechanism, wit h its two thrust area s of keeping track of the legal expendi ture incurred by the candidates and the political parties, requires coordination among the various expenditure monitoring teams and the various law enforcement agencies. ECI has also expressed con cern that smuggled go ods/c ontra bands and other illicit articles may be used to lure the voters during the election process, which would need to be checked by the law enforcement agencies including those of the Central Board of Indi rect T axes and Customs (C BIC). Another aspect that would require focused attention is the use of non - monetary inducements and cash to lure voters, which too would need to he checked by keeping strict vigil on warehouses etc. to prevent the stocking of such goods for distribution.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. . Additionally. ECI has stressed on the importance of coordinated and focused attention including proper sharing of information by the field formations of CBIC and all other agencies concer ned for ensuring smoo th an d fair electio ns. In this regard, the below A 329 mentioned SOP is to be followed by formations of CBIC to ensure conduct of free and fair elections: 2 . 1 The Principal Chief Commissioners/ Chief Commissi oners of Customs, Customs (Prev.) and Ce ntral Good s and Services Tax (CGST) Zones and the Principal Additional Director Generals (Pr. ADGs)/ Additional Director Generals (ADGs) of Zonal Units of Directorate of Revenue Intelligence (DRI) and Directorate Gen eral of Goods and Service Tax Intelligen ce (DGGSTI) should attend all the meeti ngs called by the Chief Election Commissioner or Member(s) of the ECI or on their behalf . They should be well prepared with data/ i nformation regarding the state of preparedness and various elect ion related work done by th eir officers in the Zone. 2 . 2 The Principal Director General (Pr. DG), DRI, Pr. DG, DGGSTI, Principal Chief Commissioners/ Chief Commissioners of Customs, Customs (Pre v.) and CGST Zones concerned shall suitably brie f & sensitize their of ficers about their responsibilities . They shall also forthwith and throughout the elections closely monitor the steps taken by the respective officers to implement the directions of the ECI especially in use of non - monetary inducement s (sarees, shirts, cap s, sc arves , white goods, masks, kitchen items, etc.) and cash to lure voters, apprehending smuggled/ illicit and other goods, identification of warehouses used to stock goods for distribution to lure voters, cash movement etc. and als o the dissemination of information to and from other enforcem ent agencies/ department and action taken thereon.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2.3 The Pr. DG, DRI, Pr. DG, DGGSTI, Pr. Chief Commissioner/ Chief Commissioners of Customs, Customs (Pre v.) and CGST Zones c oncerned shall be responsible for bringi ng an y matter that is highly sensitive or grave to the immediate notice of the Chairman , CBIC/ Member (CM) , CBIC/ Commissioner (Investigation -Customs) , CBIC with a copy marked to Commissioner (Investigation -GST), C BIC. 2.4 Where as th e administrative arrangement being put in place applies to the D RI, DGGSTI, Customs and CGST field formations , it is clarified upfront that it is the Pr. ADG/ ADG , DRI in the respective States/ UT's, who shall b e the point man fo r all the formations o f CBI C, i.e., DGGSTI, Customs, Customs (Pre v.) and CGST formations in that particular State. This officer shall, through the appointed Nodal Officer in his/her office, be responsible for: i. Collating the prescribed rep orts (and other re ports such as report o f a s erious/ grave nature) and sending the same on a daily basis to ECI with a copy marked to Commissioner (Investigation -Customs), CBIC at email id inv- customs @gov.in and Commissioner (Investigation -GST), CBIC at em ail id gstinv- cbic@gov.in by 9:30 AM on the following day and; ii. Coordinating the efforts with other agencies such as Income Tax, etc.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. 5 Pr. DG, DRI and Pr. DG , DGGSTI shall: i. Establish a Central Control Room at Hqrs. and a Control Room in eac h Sta te/ UT concerned. They shall also designate a Nodal officer at Hqrs. and in each 330 State/ UT concerned. The State -wise information of the Control Room(s) and Nodal officer(s) with full c ontact details would be sha red with each othe r and Pr. Chief Commis sione rs/ C hief Commissioners of Customs, Customs (Pre v.) and CGST Zones concerned. The consolidated details/ list would also be circulated directly by the Pr. DG , DRI and Pr. DG, DGGSTI to other enforcement agencies and ECI with a cop y marked to Commission er (Investigation -Customs.), CBIC and Commissioner (Investigation -GST), CBIC and; ii. Direct their intelligence units to gather information and develop intelligence to effectively prevent unfai r and unauthorized practice s that could vitia te the elections.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2. 6 Similarly, Pr. Chief Commissioners/ Chief Commissioners of Customs, Customs (Prev.) and CGST Zones concerned shall: i. Establish a Central Control Room and designate a Nodal officer. The details of the Control Roo m list of these Nodal offic ers with full contact details woul d be shared with Pr. DG, DRI/ DGGSTI , Pr. DG, DRI will further share it with ECI with a copy to Commissioner (Investigation -Customs), CBIC and Commiss ioner (Investigation -GST), CBIC. ii. Establish sufficient numb er of Flying Squads and Static Surveillance Teams for effective conduct of road and transit checks of vehicles and verification of warehouses etc., as and when required, to curb illegal and prohibited activities; iii. In order to ensure ag ainst unauthorized div ersio n of liquor, cigarettes etc. speci al watch/ stock -taking should be kept/ carried out in the Custom Bonded Warehouses; iv. Map the declared/ registered and other warehous es in the respective States/ UT's and ensure s trict vigil is kep t on these to ensure t hat t here is no poll related untoward activities taking place or material being kept in these places; v. Where any such goods are found to be linked to the canvassing proces s or for use during election, the cost of such goods should be c ommunicated to the Pr. DG, DRI/ DGGSTI along with District El ection Officer and Returning Officer with a copy to the ECI Observers for their further necessary action. 2.7 The Central Control Room in the States/ UT's and Nodal Office rs concerned shall maintain a proper rec ord o f inc idents and activities that have a bearing on the free and fair election process and immediately inform the same to the Pr. ADG/ ADG, DRI in the respective State/ UT.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 2.7 The Central Control Room in the States/ UT's and Nodal Office rs concerned shall maintain a proper rec ord o f inc idents and activities that have a bearing on the free and fair election process and immediately inform the same to the Pr. ADG/ ADG, DRI in the respective State/ UT. 2.8 The Nodal Officers of DGGSTI, Customs, Customs ( Prev.) and CGST format ions should constantly liaison with the Nodal Officer of DRI in the State, who shall, in turn, be in constant touch with the Nodal Officer of other agencies and keep abreast of poll related activities taking place in their jurisdictio n. The Nodal Officers shall meet and brief the Expenditure Observers as and when called for. 2 . 9 Wide publicity should be given to search and seizures that are related to malpractices that may be related to elections. All ou t efforts should be ma de to detect and seize illicit currency , liquor, gold , FICN, NDPS and other contraband. 331 2.10 Detections made and results achieved are to be reported daily by the Customs, Customs (Prev.) and CGST Zo nes and DGGSTI Zonal Units concer ned, to the Nodal Officer o f DRI Hqrs. in their State in the prescribed format attached as Annexure -A. As aforementioned at clause 2.4, Pr. AD G/ ADG, DRI concerned shall then furnish a consolidated report for the State to the ECI with a c opy marked to Comm issioner (Investigatio n-Customs), CBIC at email id inv-customs@gov.in and Commissioner (Investigation -GST), CBIC at email id gstinv -cbic@gov.in .Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 3. The Dire ctorate General of Analytics and Risk Ma nagem ent ( DGARM) shall carry out a special analytical study of items (sarees, shirts, caps, masks, scarves, white g oods, kitchen items, etc.) that might be associated with the candidate or political party in the poll-bound assembly or constituency and coul d be used as an inducement for votes in the said States. The study should bring out the surge patterns to and withi n these States and the movement pattern and place of storage of such goods. These reports shall be qu ickly shared with field officers who wou ld ke ep a special watch on movement/storage/supply of such goods. 4. Data analysis should be done on identified sensit ive sectors as well as groups/ organizations/ individuals known to generate/deal in unaccounted cash for suitable actio n including sharing in forma tion with Income Tax Department, w herever warranted.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 5. Pr. DG, DGGSTI and Pr. Chief Commissioners/ Chief Commiss ioners of CGST Zones concerned shall: i. Monitor movement of goods like saris, shirts, c aps, masks, scarve s, party flags that might be ass ociated with the candidates or the political party in the poll -bound assembly or constituency by conducting extensive checking of e -way bills by GST teams at nakas during elections to ensure aforementioned goods are not movi ng without a proper GST invoice or e -way bill for distributio n in the poll bound area to influence voters. Due procedure of search/inspection under Section 67 of CGST Act, 2017 may be followed while conducting checking at any suspected pr emises. ii. Ensure Stock checking of manu factu rers, wholesale distributors and retailers to identify goods that might be meant for election canvassing and for distribution to voters. a. Sudden surge in movement of goods like dhoti, saris, T -shirts, Umbrel la, pagri, etc. especially from neighbou ring states can be checked through e -way bill portal. b. Random checks of the stocks of potential warehouse and shops can be made by GST officers to ensure that no unaccounted goods are removed under cash transactions. Due procedure of s earch/inspection under Section 6 7 of CGST Act, 2017 may be followed while conducting checkin g at any suspected premises. iii. Monitor fuels consumed during the election process by candidates and parties. a. Sale monitoring of petrol pump s to vehicles used during elections for canva ssing: Petrol/Diesel being an exci sable commodity also comes unde r indirect taxation. 332 b. Distribution of coupon -based fuel for alluring prospective voters: It is potential source of alluring voters through distribu tions free petrol/ diesel during election s or on a cash basis. So random audit of fuel pumps/filling stations stocks can be done during elections. Due procedure of search/inspection under Section 67Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections taxation. 332 b. Distribution of coupon -based fuel for alluring prospective voters: It is potential source of alluring voters through distribu tions free petrol/ diesel during election s or on a cash basis. So random audit of fuel pumps/filling stations stocks can be done during elections. Due procedure of search/inspection under Section 67 of CGST Act, 2017 may be followed while conducting checkin g at any suspected premises. iv. Whereve r suc h goods mentioned at paras 5(i), 5 (ii) and 5(iii) are found to be linked to the canvassing process or for use during election, the cost of such goods should he communicated to Pr. DG, DRI/ DGGSTI along with the District Election Officer and Returning Offic er wi th a copy to the ECI Observers for their further necessary action. v. Acco unt for expenditure on food, hotels, parties, tent house etc. during the election process by the candidates and parties. a. Extensiv e Checking by GST teams of Restaurant/Ea teries, Marriage Hall/Conference Hall/F arm Houses/Gardens, Shamiana, Tent Hou se, Chair and Table providers , Slaughter House/Meat House in the poll bound area. Due procedure of search/inspection under Section 67 of CG ST Act , 2017 may be followed while condu cting chec king at any suspected premises. b. Wherever services availed are found to be linked to the canvassing process or for use during election, the cost of such good should be communicated to the District Election Officer and Returni ng Officer with copy t o the ECI Observers for their necessary action.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 6. The DRI should increase its vigil along the international border/ airports and its information gathering mechanism to check the flow of foreign currency/ gold/ narcotic s etc. that could potentially be used fo r mal pract ices during the elections. 7. Pr. Commissioner/ Commissioner of Customs in -charge of Customs Airports in the concerned States shall furnish a daily report on the declaration of foreign currency in the format given at Anne xure -B to the Nodal Officer of DR I. This report shall also be given by all other Pr. Commissioners/ Commissioners of Customs -in-charge of Customs Airports to the Nodal Officer of DRI, in the State concerned but only in respect of passengers who se place of stay i s in one of the poll h ound states. 8. Further , it is als o expec ted that all officers/ officials concerned would proactively check any misuse and mischief. The measures mentioned above must be strictly complied with without fail. Any suggestio ns for further tig htening the monitoring to effectively check any misuse may be immediately communicated to Commissioner (Investigation -Customs) , CBIC and Commissioner (Investigation -GST) and action taken regarding preparedness and any seizure effected may please be communi cated on the same day.Compendium of Instructions On Election Expenditure Monitoring PART-G SOP STANDARD OPERATING PROCEDURES FOR FLYING SQUADS_STATIC SURVEILLANCE TEAMS_ATM VANS_ CHECKING OF HELICOPTERS ETC _Annexure-G10.txt Standard Operating Procedure of CBIC dated 06.07.2023 for stepping up of Preventive Vigilance Mechanism by the jurisdictional CBIC field formations and to prevent flow of suspicious cash, illicit liquor, drugs/narcotics, freebies and smuggled goods during elections 9. Hindi version will follow. Yours faithfully, Encl. As above Sd/- (Suraj Kumar Gupta) Additional Commissi oner (Inv -Cus), CBIC, New Del hi 333 Copy to: - i Principal Secretary, Election Commission of India, ii. Commissioner - Customs Policy Wing. iii. Commissioner - GST Po licy Wing. iv. Commiss ioner (Investigation -GST), v. Webma ster with a request to put also under Election matter under Dep artmental Officers. ANNEXURE -A SEIZURE DETAILS S. No. Name of State and District Constitu ency Date & time of Seizure Cash seized (in lakhs) Seizure (like Drugs, Narcotics, Gold or other Precious metals, illicit liquor/ FICN, and Other misc. items including freebies) Unaccounted storage/ stock of goods kept for inducing voters Whether items are found to have link with any political party or candidate (nam e of the Party and Pa rty affiliation) Action taken so far in respect of seized item (in brief) Item& Qty. Value (in lakhs) Item & Qty. Value (in lakhs) ANNEXURE -B CURRENCY DECLARATION DETAILS S. No. Name of the passenger Passport Number National ity Value of Foreig n Currency Likely pl ace of stay/visitTABLE OF CONTENTS_PART G_Introduction.txt _ TABLE OF CONTENTS Brief Description of Items and Annexure No. Annexure No. Page No. G. STANDARD OPERATING PROCEDURES FOR FLY ING SQUADS, STATIC SURVEILLANCE TEAMS, ATM VANS, CHECKING OF HELICOPTERS ETC., AND FOR MON ITORING BY INCOME TAX DEPARTMENT ETC. 297-342 Commission’s letter No. 76/Instructions/EEPS/2013/Vol. II, dated 16th January, 2013 instruction regarding Election Expen diture Monit oring by Income Tax Department - Annexure No.G1 303-305 Government of India, Ministry of Finance, letter No. F.No .60(2)/2008 -BO.II , dated 20th February, 2013 SOP regarding Transport of Clean and genuine cash by banks during elections - Annexure No. G2 306-307 Commi ssion’ s letter no. 76/Instructions/2013/EEPS/Vol.V dated 18th April, 2013 clarifi cation regard ing election expenditure towards serving food, m ass marriages, seized cash and other issues. -- Annexure No., G3 308-309 Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M. No.CAS -7 (15)/2012/Div -I (Election) dated 3rd July, 2013 SOP to preven t transport o f suspic ious money/bulli on through airports during elec tion process - Annexure No.G4 310-313 Bureau of Civil Aviation Security, Ministry of Civil Aviation, O.M No. CAS -7(15)/ 2012/D IV-I (Election), dated 11th October, 2013 addendum to OM to prevent transpo rt of suspici ous mone y/bullion through airports during election process -- Annexure No.G5 314-315 Bureau of Civil Aviation Security, Ministry of Civil Aviation, letter no. CAS -7(15) 2012 /Div. (E lection), da ted 12th November, 2013 issued to IG, CISF, New Delhi regardi ng enforcemen t of SOP to prevent tran sport of suspicious money/bullion through air ports during election process- - Annexure No.G6 316-317 Commission’s letter No.76/Instructions/EEPS/2015/Vo l. II dated 29th May 2015 SOP regarding seizure and release of cash and other ite ms - - Annexure No.G7, 318-325TABLE OF CONTENTS_PART G_Introduction.txt _ November, 2013 issued to IG, CISF, New Delhi regardi ng enforcemen t of SOP to prevent tran sport of suspicious money/bullion through air ports during election process- - Annexure No.G6 316-317 Commission’s letter No.76/Instructions/EEPS/2015/Vo l. II dated 29th May 2015 SOP regarding seizure and release of cash and other ite ms - - Annexure No.G7, 318-325 Commi ssion’s letter no. 76/Instructions/EEPS/2015/Vol. V, dated 20th January, 20 16 (forwarding letter only) regarding Non-scheduled Operator’s Permit holders (NSOP) - - Annexure No. G8 Com mission’s letter no. 76/Instructions/EEPS/2016/Vol. II, dated 4th April, 201 6 SOP re garding follow u p action by the Flying Squads on receipt of complaints relatin g to storage of cash or other valuables etc. in any premise- - Annexure No.G9 327-328 Standard O perating Procedure of C BIC dated 06.07.2023 for stepping up of Preventive Vigilanc e Mech anism by the jurisdictional CBIC fi eld formatio ns and to prevent flow of suspicious cash, illicit liquor, drugs/narco tics, free bies and smuggled goods du ring elections -- Annexure No. G10 329-334 Letter of M/o Petroleum & Natural Gas dated 02.08.2023 to the Chairman & CM Ds of Oil Marketing Comp anies on curbing the abuse of sale of coupons for buying fuel at Retail Outlets during elections -- Annexure No.G11 335 Standard Operating Procedure (SO P) for identification of Expenditure Sensitive Constituencies (ESCs) and Expenditure Sensitive Pockets (ESPs) -- Annexure No.G12 336-340 Commissi on’s letter No. 76/EC I/SOP/EEM/EEPS/2023, datedTABLE OF CONTENTS_PART G_Introduction.txt _ 23.11.2023 regarding formation of ‘District Grievance Committee ’ for redressal of p ublic gri evances rel ated to seizure G13 341-342 H. Checklist for ROs, DEOs, CEOs, Candidates and Political parties. 343-363 I. FREQUENTLY ASKED QUESTIONS (FAQ) 364-377TABLE OF CONTENTS_PART C and D_Introduction.txt _ TABLE OF CONTENTS Brief Description of Items and - Annexure No.- Annexure No. No. Page No. C. ROLE OF RO, DEO AND CEO IN EXPENDITURE MONITORING 69-138 Format for details of campaign expenditure of political parties for General party Prop aganda as observed by the election officers (From date of announcement of election to completion of election - Annexure No. C1 82 Monthly Report by DEO (Part –A & B) C2 83-84 Detaile d Seizure R eport to be submitted after completion of Poll by CEO - Annexure No.C3 85-86 Reporting f ormat for Seizure made by Police Department up to poll day - Annexure No.C4 87-88 Reporting format for Seizure etc. made by IT Dept. up to poll day - Annexure No. C5 89 Reporting format for Seizure and raids/assets etc. of Excise Dept. up to poll day - Annexure No. C6 90 Commission’s letter No. 76/2004/J.S.II, dated 17.03.2004 regarding Lodging of account of election expenses – Preparation of rates chart C7 91-92 Commission’s letter No. 76/Instructions/20 13/EEP S/Vol. VIII , dated 25th October, 2013 regarding uploading the candidates` day to day a ccount register on DEO/CE O Website. - Annexure No.C8 93 Commission’s letter No. 76/Instructions/EEPS/Vol. XIX, dated 30th December, 2014 regarding Refreshment of polling /counting ag ents and expenditure on kiosks, : - accounting notional cost in the account of election expenses of the candidate – Reg. - Annexure No. C9 94 Commission’s letter No.76/Instructions/EEPS/2015/Vol. II dated 29th May 2015 –Account Reconciliation Meeting with the candi dates/ election ag ents with the District Expenditure Monitoring Committee (DEMC) – regarding. - Annexure No.C10 95-98 Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission onTABLE OF CONTENTS_PART C and D_Introduction.txt _ the candi dates/ election ag ents with the District Expenditure Monitoring Committee (DEMC) – regarding. - Annexure No.C10 95-98 Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated: 11th October, 2015 - Change of helicopter by the candidates/political parties at last moment – Permission on priority basis by the DEO -Reg. - Annexure No. C11 99-100 Commission’s letter No.76/Instructions/201 5/EEPS/Vol.XIV Dated: 2nd June, 2016 – Procedure f or preparation of Scrutiny Report and Summary Report in respect of accounts of elections expenses of the Candidates - Annexure No. C12 101-103 Modified format of DEO’s scrutiny report (Commission’s letter No.76/Instructions/2015/EEPS/Vol.XIV, dated: 2nd June, 2016) C13 104-108 Commission’s letter no. 76/INST/FUNC/EEM/EEPS/2017/Vol. XIX , dated 13th December, 2017 regarding exclusion of items like T -shirt, saree etc. from Rate Chart - Annexure No. C14 109 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/V ol. VI , dated 18th February, 2019 regarding fixation of dates for inspection of accounts of c andidates 3 times during election period by Returning Officer - Annexure No. C15 110 Commission’s letter No. 3/4/2019/SDR/Vol. I, dated 28th February, 2019 regarding amendments in For m 26 (Format of C16 111-125 Affidavit to be filed by candidates) Commission’s letter N o. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. III, dated 19th June, 2019 regarding filing of DEO’s Scrutiny Report in Encore - Annexure No.C17 126-128 Commission’s letter no. 76/ECI/I NST/FU NC/EEM/EEPS/ 2019/Vol. III, dated 9th July, 2019 regarding list of defaulting candidates in terms of submission o f their accounts of election expenses C18 129-132 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July,TABLE OF CONTENTS_PART C and D_Introduction.txt _ June, 2019 regarding filing of DEO’s Scrutiny Report in Encore - Annexure No.C17 126-128 Commission’s letter no. 76/ECI/I NST/FU NC/EEM/EEPS/ 2019/Vol. III, dated 9th July, 2019 regarding list of defaulting candidates in terms of submission o f their accounts of election expenses C18 129-132 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2020/Vol. VI, dated 24th July, 2020 regardi ng non -adherence of time limit prescribed under Rule 89 of the Conduct of Elections Rul es, 1961 and Commission’s instruction C19 133-134 Commission’s letter no. 3/ER/2020/SDR/Vol. III, dated 1st October, 2020 regarding optional facility of online da ta ent ry of person al details by candidates in Nomination Form and Affidavit (in Form 26 appen ded to the C. E. Rules, 1 961)- Guidelines -Reg. - Annexure No.C20 135-138 D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN 139-204 Details of Expenditure on Public Meetings/Rallies etc. D1 159-160 Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. - Annexure No.D2 161-167 Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding e xpendi ture t o be incurre d on barricades and rostrums etc. - Annexure No.D3 168-169 Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates - Annexure No. D4 170-172 Commission’s letter No. 437/6/1/2008 -CC & BE, dated 2 4th October, 2008 regarding election expenditure on travel by Lead Campaigners -Use of h elicopter for election campaign, etc. - Annexure No.D5 173-174 Commission’s letter No. 464/INST/2011/EPS, dated 28th March, 2011 regarding vehicle permit for district office b earers of recogniz ed political parties - Annexure No.D6 175 Commission’s letter No.76/Instructions/2011/E EM, dated 7thTABLE OF CONTENTS_PART C and D_Introduction.txt _ Lead Campaigners -Use of h elicopter for election campaign, etc. - Annexure No.D5 173-174 Commission’s letter No. 464/INST/2011/EPS, dated 28th March, 2011 regarding vehicle permit for district office b earers of recogniz ed political parties - Annexure No.D6 175 Commission’s letter No.76/Instructions/2011/E EM, dated 7th April, 2011 regarding instruction on payment by cash by candidate - Annexure No.D7 176-177 Commission’s letter No.464/AP - HP & AP -LA/BE/2011/EEM, dated 3rd June, 2011, clarification regarding lodging expenses being incurred by the campaigners of the conte sting candidates D8 178 Commission’s letter No. 76/Instruction/2011/EEM, dated 5th December, 2011 regarding expenses incurred on community kitchen (langar, bhoj, etc.), inclusion in the account of election expenses of candidates - Annexure No.D9 179 Commission’s lett er No.76/Instructions/201 2/EEPS, dated 20th January, 2012 regarding election expenditure of the party leaders (Star campaigners) covered under Explanation (2) of sectio n 77(1) of the R. P. Act, 1951 - Annexure No.D10 180-181 Commission’s letter No. 76/Instructions/201 2/EEPS/Vol. I, dated 9th February, 2012 clarification regarding use of Video Vans during election by contesting candidates and political parties - Annexure No.D11 182 Commissi on’s l etter No. 61 /Complaints/AP -LS/2012/EEPS, dated 19th July, 2012 regarding collection of information from banks re garding suspicious transactions during electioneering under Article 324 of the Constitution - Annexure No. D12 183-184 Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections D13 185-190 Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of So cial Media in Election Campaigning - Annexure No. D14 191-193TABLE OF CONTENTS_PART C and D_Introduction.txt _ Commission’s Letter No. 76/Instructio ns/EEPS/2013/Vol. VIII, dated 14th November, 2013 regarding prevention of storage and illegal distribution of liquor during elections D13 185-190 Commission’s letter No. 491/SM/2013/Communication, dated 25th October, 2013 instructions regarding use of So cial Media in Election Campaigning - Annexure No. D14 191-193 Commission’s letter No. 76/Instruction s/2012/EEPS/Vol. I, dated 22nd January, 2014 regarding accounting of expenditure on persons travelling with the leader of the Political Party (Star campaigner) like me dical attendant, security guard, media D15 194-195 representative, etc. Commission’s l etter No. 76/Instructions/2014/EEPS/Vol.VII, dated 9th April, 2014 instruction regarding expenditure on Security cover to Minister/Candidates D16 196-197 Commissi on’s l etter No. 76 /Instructions/2014/EEPS/Vol. I, dated 9th May, 2014 instruction regarding t ravel by the candidate/St ar Campaigner after poll and before declaration of result - Annexure No.D17 198 Commission’s letter No. 61/Complaints/2014/EEPS/Vol.VI, dated 9th June, 2014 regarding accounting of parking charges of aircraft/helicopter - Annexure No.D18 199 Commission’s le tter No.76/Instructions/EEPS/2015/Vol -II, dated 29th May 2015 regarding permission of vehicles to the contesting candidates and incurring the expenditure in the accounts of election s expenses - Annexure No.D19 200 Commission’s letter No. 76/2016/SDR, dated: 30th April, 2016 regarding travel expenses on visits to foreign countries for purposes of canvassing - Annexure No.D20 201-202 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol . XX, dated 18th April, 2019 regarding Social Media platforms for tracking expenditure on advertisements/transparency reports D21 203 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII, dated 19th May, 2019 clarification regarding acc ountin g of expendi tureTABLE OF CONTENTS_PART C and D_Introduction.txt _ purposes of canvassing - Annexure No.D20 201-202 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol . XX, dated 18th April, 2019 regarding Social Media platforms for tracking expenditure on advertisements/transparency reports D21 203 Commission’s letter no. 76/ECI/INST/FUNC/EEM/EEPS/2019/Vol. XVIII, dated 19th May, 2019 clarification regarding acc ountin g of expendi ture incurred on helipad construction and parking charges - Annexure No.D20 D22 204TABLE OF CONTENTS_PART E and F_Introduction.txt _ TABLE OF CONTENTS Brief Description of Items and Annexure No. Annexure No. Page No. E. MAINT ENAN CE OF ACCOUNTS OF ELE CTION EXPENDITURE BY THE CANDIDATES 205-245 Register for maintenance of day to day accounts of election expenditure by contesting candidates - Annexure No.E1 215-222 Abstract Statement of Election Expenses - Annexure No.E2 223-231 Format for appointing ad ditional agent of expenditure matters - Annexure No.E3 232 Commission ’s Order No. 76/95/JS -II, dated 10th April, 1995 regarding language in which the accounts of election expen ses may be filed b y the contesting candidates - Annexure No.E4 233 Commission’s letter No. 3/1/2004/JS -II, dated 3rd April, 2004 regarding names of leaders of political parties for the purposes of section 77 (1) of the Representation of the People Act, 1951. - Annexure No.E5 234 Commissi on’s letter No. 437/6/INST/2008 -CC&BE, dated 31st October, 2008 regarding use of Road Transport by party campaigners availing the benefit to clause (a) of explanation given under Section 77 (1) of the R. P. Act, 1951 Annexure No.E6 235-236 Commission’s letter No. 76 /Instruction s/2013/EEPS/Vol. IV, dated 15th October, 2013 regarding opening of Separat e Bank Account for Electi on Expenditure by the Candidates - Annexure No. E7 237-239 Commission`s letter No. 76/Instructions/EEPS/2015/Vol -II, dated 9th June, 2015 regarding donation e tc., received from any person, entity or political party for the purpose of election campaign during election - Annexure No. E8 240 Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I, dated 19th February, 2018 regarding election expenditure limit in adjourned poll for de ath of a candidate E9 241 Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEP S/2018/Vol. VII, dated 23rd March, 2018 regarding requirement of submission of account of election expenses u/s 78 of the R. P. Act, 1951 in case ofTABLE OF CONTENTS_PART E and F_Introduction.txt _ Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEPS/2018/Vol. I, dated 19th February, 2018 regarding election expenditure limit in adjourned poll for de ath of a candidate E9 241 Commission’s letter No. 76/ECI/INST/FUNC/EEM/EEP S/2018/Vol. VII, dated 23rd March, 2018 regarding requirement of submission of account of election expenses u/s 78 of the R. P. Act, 1951 in case of demise of a contesti ng candidate - Annexure No. E10 242 Commission’s letter No. 76/Instructions/2018/EEPS, dated 12th November, 2018 instruction regarding revision of threshold Election Expenditure/Donation through cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/ - (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. - Annexure No. E11 243-244 Commission’s letter No. 76/Instructions/2018/EEPS, dated 30th November, 2018 clarification regarding revision of threshold Election Expenditure /Donation th rough cash transaction in a single day by the Candidates/Political Parties above Rs. 10,000/- (Ten Thousands) by cheque, DD, RTGS/NEFT or other electronic mode etc. - Annexure No. E12 245 F. MAINTENANCE OF ACCOUNTS OF ELECTION EXPENDITURE BY THE POLITICAL PARTIE S 246-296 Commi ssion’s letter No. 76/Instructions/2010, dated 20th October, 2010 regardin g advisory to political parties to not to carry cash during election - Annexure No.F1 253-254 Commission’s letter No. 76/Instructions/2012/EEPS, dated 9th February, 2012 instruc tion regarding addition of expenditure on traveling by Aircrafts/Helicopter by contesti ng candidate and star campaigners after the date of poll - Annexure No. F2 255 Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “ Statem ent of Elect ion Expenditure” by the Political parties within 75 days of Assembly electi ons/90 days of Lok Sabha election F3 256-278TABLE OF CONTENTS_PART E and F_Introduction.txt _ on traveling by Aircrafts/Helicopter by contesti ng candidate and star campaigners after the date of poll - Annexure No. F2 255 Commission’s letter No. 76/EE/2012 -PPEMS, dated 21st January, 2013 instruction regarding filing “ Statem ent of Elect ion Expenditure” by the Political parties within 75 days of Assembly electi ons/90 days of Lok Sabha election F3 256-278 Commission’s letter No. 76/PPEMS/Transparency/2013, dated 29th August, 2014 regarding transparency guidelines and accountab ility in Party Funds - Annexure No.F4 279-281 Commission’s letter No. 76/PPEMS/Transparency/2014, d ated 14th October, 2014 regarding guidelines on transparency and accountability in party funds and election expenditure and submission of reports by unrecognized p olitic al parties - Annexure No. F5 282-285 Commission’s letter No. 76/PPEMS/Transparency/2013, dated 19th November 2014 clarif ication regarding of transparency guidelines for the political parties issued by ECI on 29th August, 2014. - Annexure No. F6 286-287 Commission’s letter No. 76/Instructions/2015/EEPS/Vol. II, dated 8th September, 2015 instruction regarding filing of part election expenditure statement attributed to candidates by political parties within 30 day s of declaration of results of elections - Annexure No.F7 288-290 Commission’s letter no. 76/ECI/INST/FUNC /EEM/EEPS/2019/Vol. XVII , dated 8th May, 2019 regarding revised format of Abstract Statement of Election Expenses for Candidates and Statemen t of Election Expenditure of Political Party - Annexure No.F8 291-292 Commission’s letter No. 76/Virtual Cam paign/E EPS/2022, dated 15th January, 2022 regarding revised format of Abstract Statement of Election Expenses for Candidates and Stat ement of Election Expenditure of Political PartyTABLE OF CONTENTS_PART E and F_Introduction.txt _ Expenditure of Political Party - Annexure No.F8 291-292 Commission’s letter No. 76/Virtual Cam paign/E EPS/2022, dated 15th January, 2022 regarding revised format of Abstract Statement of Election Expenses for Candidates and Stat ement of Election Expenditure of Political Party - Annexure No. F9 293-294 Commission’s letter No.56/AA/202 0-21/PPEMS, dated: 21st January, 2022 regarding submission of Annual Audited Accounts by the Political Parties - Annexure No. F10 295 Commission ’s letter No. 76/Instruction/PPEMS /2023, datedTABLE OF CONTENTS_PART E and F_Introduction.txt _ 20.11.2023 -Intimation regarding participation of Registered Unrecongised Political Party (RUPP) in Lok Sabha/Assembly election out of the State/UT where their party headquarter s is situated - Annexure No. F11 296Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ Compendium of Instructions On Election Expenditure MonitoringCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN 139 CONTENTS IN PART ‘D’ Sl. No. CONTENTS Page No. 1 Shadow Observation Register 141-142 2 Folder of Evidence 142-143 3 Monitoring of Campaign through Electronic Print Media including Cable Network 143 4 Monitoring of use of Social Media in election campaigning 144 5 Monitoring of Public Meetings, Rallies etc. 144-146 6 Monitoring of Helicopter expenditure and other travel expenditure 146-150 7 Monitoring of printing of pamphlets, posters etc. 150-151 8 Monitoring of use of vehicles during electioneering 151-152 9 Monitoring of expenses on constructions of barricades and rostrums etc. 152 10 Monitoring of Video Van 152-153 11 Other Monitoring Mechanism 153-155 12 Checking Distribution of tokens to be exchanged for gifts or cash or distribution of money through various means 155 13 Checking distribution of cash by candidates/political parties along with disbursement of wages under any government scheme 156 14 Monitoring of Production, Storage a nd Distribution of liquor during elections 156-157 15 Monitoring of cash withdrawal from Banks 157-158 16 Monitoring of Political Party Expenditure 158 140 Though it is mandatory for each contesting candidate to maintain his/her account of election expenses in a true and correct manner, yet it is observed that some of the candidates inadvertently or deliberately fail to maintain the account correctly and in the proper manner. All the candidates are required to get their accounts inspected thrice during the campaign period, the dates of which are notified by the RO. The inspection also provides an opportunity to the candidate to see whether he/she has a ccounted his/her expenditure correctly and in a proper manner and enables him/her to rectify the defect s observed during the inspection. For cross checking the expenditure incurred by the candidates, Accounting Team maintainsCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ period, the dates of which are notified by the RO. The inspection also provides an opportunity to the candidate to see whether he/she has a ccounted his/her expenditure correctly and in a proper manner and enables him/her to rectify the defect s observed during the inspection. For cross checking the expenditure incurred by the candidates, Accounting Team maintains Shadow Observation Registers and Folder of Evidence for each candidate so that expenditure incurred by the candidates on major rallie s/ meetings etc., is properly recorded and shown to the candidates during inspections.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 1. Shadow Observation Register (SOR) : A Shadow Observation Register for each candidate shall be maintained by Accounting Team in the format as enclosed at Annexure - B13. This Register will be maintained in hard copy and/or in excel sheet, with print outs (kept serially, page numbered) and the observed expenditure as captured by various teams/reports of the e xpenditure monitoring machinery . The pu rpose of this register is to cross check items of the major expenses incurred and reported by the candidate. The accounting teams shall get information on d aily basis from the Video Surveillance Teams , Video Viewing Teams, MCMC, SSTs and FSs, and complaint monitoring Control Room. The Accounting T eam shall work under the overall guidance and supervision of the Expenditure Observer and Assistant Expenditure Obs erver. The Ass istant Expenditure Obs erver shall make daily inspection of the Shadow Obs ervation Register for each candidate and ensure that all expenditure reported by differe nt teams of Expenditure Mon itoring are entered in this Register. In case of any discrepancy or laxity, the same shou ld be immediately reported to the Expenditure Observer. The Shadow Ob servation Register can be shown to the candidate or h is representative and any member of the public only up to the period for which inspection of the register of election expenditure maintained by the candidate has been done and not before inspection of accounts of the said date. If the expenditure reported in the register of election expenditure 141 maintained by the candidate is less than the amount mentioned in the Shadow Observation Register, it shall be brought to the notice of the candidate or his representative at the time of inspection, in writing in his register itself under the signature of the Expenditure Observer and also making su ch noting in Shadow Observation Register and obtainingCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 141 maintained by the candidate is less than the amount mentioned in the Shadow Observation Register, it shall be brought to the notice of the candidate or his representative at the time of inspection, in writing in his register itself under the signature of the Expenditure Observer and also making su ch noting in Shadow Observation Register and obtaining the signature of the candidate/ his representative. The candidate or his agent shall be served a notice in writing on the same day by the RO for such discrepancy. A copy of the notice shall be put on the notice board of the RO for information of the pub lic. Any member of the public shall be entitled to obtain a copy of the notice on payment of a fee of Re. 1/- per page. A copy of the notice and the reply received from the candidate or his election agent shall be kept in Folder of Evidence and mentioned in Shadow Observation Register. Replies received shall be put on the no tice board of the RO and copies of these shall also be made available to the public on payment of Re. 1/- per page. The copies of notices so issued and replies received, if any, shall be marked to the DEMC with Expenditure Observer, DEO and Dy. DEO for forming opinion about the truthfulness of the account of expenditure submitted by the candidate after the declaration of results. The latest instructions of the commission shou ld be followed.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 2. Folder of Evidence: The Folder of Evidence shall be maintained by the Accounting Team along with each Shadow Observation Register. All pieces of evidence collected against any expenditure entered in the Shadow Observation Register shall be kept in this folder and cross referenced with it. All pages are to be numbered and signed by the Ass istant Expenditure Observer. This folder shall include video or audio CDs, copies of posters, pamphlets etc., newspaper advertisements and “Paid News” cuttings, copies of bills and vouchers, copies of reports made by various officers with respect to expenditure, copies of documents submitted by the candidate, copies of the complaints relating to expenditure and inquiry reports on these complaints, the notices issued to candidate by the RO relating to expenditure monitoring and the replies received, FIRs filed relating to the expenditure of the candidate etc.. If it is found that a candidate incurred or authorized expenditure on prohibited items, action shou ld be taken against the candidate und er relevant provisions of the law. For example, if it is found that a candidate has distributed money or any item in kind, to influence voters, a complaint shou ld be lodged against him on the same day before the 142 Police/ in the competent Court under the provisions relating to bribery in IPC. In addition, the details of this expenditure should also be entered in the Shadow Obs ervation Register along with the evidence and the details of FIRs filed and shall be acted as per Commission’s instruction no. 76/Instructions/2013/EEPS/Vol.V, dated 18th April, 20 13 (Annexure -G3). A report is to be sent to the Commission within 24 hours by the Expenditure Observer about such incidents.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 3. Monitoring of Campaign through Electronic/ Print Media including Cable Network: The MCMC shall closely watch the campaign through electronic/print media including cable network, radio etc. and pre -certification is done in case of advertisement in electronic media. A meeting shall be taken by the DEO with the political parties and also with the representatives of news papers and in case of print media clarify to them that all the advertisements issued/published by them would have to be properly owned as per section 127 A of R. P. A ct, 1951 and any practice of surrogate advertising shall be dealt with sternly. The DEO shall take particular care to alert political parties, candidates and media that ‘news reports’ based on ‘payments’, generally described as “Paid News” shall be accounted for through MCMC and they must refrain from such practice. The DEO shall also explain the new Expenditure Mon itoring Mechanism and related legal provisions. He shall request the political parties to exercise self-restraint and through political parties, advise all their candidates to exercise similar restraint on expenditure. At the state level, the Chief Electoral Officer shall carry out the same exercise. If the advertisement for general party propaganda with photo or appeal of the leader (Star Campaigner) within the meaning of section 77 of the R. P. Act, 1951, is made in print and electronic media, without any reference to any candidate, then expenditure on such general party advertisement sh all be booked to the account of the political party. If such leader happens to be a candidate in any constituency, the expenditure on such general party propaganda, even if it contains his photo, in print and electronic media, shall not be book ed to the account of such leader, as it is in the nature of general party propaganda, without having any reference to his constituency. (Commission’s letterCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ happens to be a candidate in any constituency, the expenditure on such general party propaganda, even if it contains his photo, in print and electronic media, shall not be book ed to the account of such leader, as it is in the nature of general party propaganda, without having any reference to his constituency. (Commission’s letter NO.76 /Instructions/2012 /EEPS dated 20th January, 2012, at Annexure - D10) 143Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 4. Monitoring of use of Social Media in election campaigning : The Commission has issued d etailed guidelines on Social Media on 25th October, 2013 (Letter No. 491/SM/2013/Communication) which m entions about furnishing details of social media accounts by the candidates in the affidavit filed during nomination. The Commission has also brought the political advertisements to be issued on social media sites under the purview of pre certification. Th e Commission has further instructed that candidates and political parties shall include all expenditure on campaigning, including expenditure on advertis ements on social media, both for maintaining a correct account of expenditure and for submitting the st atement of expenditure. ( Annexure -D14) Google, Facebook and Twitter are facilitating transparency in paid political advertisement by displaying “Ad Transparency Reports” on their platforms showing the payments made by different political parties for their political campaigns on these platforms, at the following links: - (i) https://transparencyreport.google. com (ii) https://www.facebook.com/ads/l ibrary/report/?Source= archive -landing - page&country=IN (iii)https://ads.twitter.com/transparency (Annexure -D21)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 5. Monitoring of Public Meet ings, Rallies etc. Any candidate or his representative, who applies for permission for a pub lic meeting or a rally shall also submit an expenditure plan in the format given in Annexure -D1 along with the application for permission. A copy of this expenditure plan shall be given by the DEO along with copy of permission letter to the officer sent on duty for maintenance of law and order to that pub lic meeting or rally and also to the Assistant Expenditure Obs erver for making necessary arrangements for videography of the events. The accounting team will calculate separately, the expenditure incurred in each of the public meetings or rallies on the basis of notified rates and keep the folder of evidence which are collected by way of photographs, video recording and statements etc. All expenses relating to a rally or pr ocession organized while filing nomination shall be included in the accounts of the candidate. 144 Commission has issued instruction No. 76/Instruction/2011/EEM. dated 07.04.2011 (Annexure -D7) that when members of public voluntarily attend a public rally/proce ssion/public meeting of candidate(s) by using their own personal vehicle, without receiving any payment or reimbursement from anybody, it shall not be included in the expenditure of the candidate. However, the personal vehicles used in the rally or public meeting for campaign purpose by putting flags or banners or pos ter for the benefit of any candidate(s) sh all be included in the expenses of the candidate(s). If commercial vehicles bearing commercial registration numbers are used for rallies or public meetings of any candidate(s) the expenditure on such vehicles shall be included in the account of the candidate(s). One personal vehicle owned and used by the candidate(s) for campaign purpose sh all be treated as campaign vehicle and notional expenditure on fuel and driver salary as per theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ bearing commercial registration numbers are used for rallies or public meetings of any candidate(s) the expenditure on such vehicles shall be included in the account of the candidate(s). One personal vehicle owned and used by the candidate(s) for campaign purpose sh all be treated as campaign vehicle and notional expenditure on fuel and driver salary as per the market rate shall be included in the accounts of the candidate(s). In case other vehicles, owned by the candidate(s) are used for campaign purpose, then the notional expenses as per the notified rate for hiring of such vehicles shall be calculated by the candidate(s). The expense on such items of flags, mufflers or caps with party symbol shall be accounted for by the party concerned as its election expense. If they bear the name(s) or photo(s) of candidate(s), the amount s hall be added to the accounts of the candidate. However, supply and distribution of main apparels like saree, shirt, T -shirt, dhoti etc. by party/candidate is not permitted as it is bribery of voters. ECI instruction No. 464/INST/2011/EPS dated 28 -03-2011 (Annexure -D6) has clarified that the expense on the vehicle of the district level party office bearers/leaders (other than star campaigners) for the pur pose of their visit to multiple ACs within the district for electioneering shall not be included in the accounts of candidate(s). It is further clarified that if the district functionary himself is a candidate, contesting from the same district and such vehicle is used for movement in the constituency from where he is contesting, or such vehicle is u sed for campaign for any particular candidate(s), then the hiring charges of the vehicle shall be included in the accounts of the candidate(s) using the vehicle for campaign purpose. Permission for public rally shall not be given, if the candidate doe s not produce his accountsCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ vehicle is used for movement in the constituency from where he is contesting, or such vehicle is u sed for campaign for any particular candidate(s), then the hiring charges of the vehicle shall be included in the accounts of the candidate(s) using the vehicle for campaign purpose. Permission for public rally shall not be given, if the candidate doe s not produce his accounts for inspection, without valid reasons. A show cause notice shall be issued and served for not producing accounts, before the permission for public rally is rejected. However, if the 145 candidate produces the accounts for inspection, then permission for public rally shall be granted forthwith. This will act as deterrence against dummy candid ates, who are not serious in contesting elections.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 6. Monitoring of Helicopter expenditure and other travel expenditure (i) Expenditure on travel expenses of Star Campaigners: As per section 77 of the R. P. Act 1951, the expenditure incurred by the leaders of a political party on account of travel by air or by any other means shall not be d eemed to be expenditure in connection with the election incurred or authorized by a candidate. Explanation (2) of the section defines political leaders to include 40 p ersons of a recognized po litical party and 20 persons of a party other than the recognized political party, i.e., registered unrecognized parties, whose names have been communicated to the Chief Electoral Officer and Election Commission of India within a period of 7 days from the date of notification. Such political leaders, as communicated to the CEO and the ECI, are known as Star Campaigners. The Chief Electoral Officer after receiving the information du ring the prescribed period regarding list of star campaigners from Recognized Political Party/Other than Recognized Political Party shall make it available to all Retuning Officers/DEOs /Expenditure Observers and place it on their website. In the event of a pub lic rally or meeting by the star campaigner, if the candidate or his election agent shares the dais with the star campaigner/ other dignitary, then the entire expenditure on that rally other than the travel expenses of the star campaigner shou ld be added to the candidate’s expenses. If the candidate is not present on the d ais but the banners/posters with name of the candidate or the photographs of the candidate are displayed at the site of pubic rally or the name of the candidate is mentioned by the dignitary/Star Campaigner, then also the entire expenditure on the public rally, other than the travel expenses of the star campaigner, will be added to the candidate’s account of election expenses. If there is more than one candidate, sharing the dais or displaying bannersCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ displayed at the site of pubic rally or the name of the candidate is mentioned by the dignitary/Star Campaigner, then also the entire expenditure on the public rally, other than the travel expenses of the star campaigner, will be added to the candidate’s account of election expenses. If there is more than one candidate, sharing the dais or displaying banners or posters with their names in rally/meeting, then the expenses on such rally/meeting shou ld equally be divided among all such candidates. The RO should pass on the information about the other candidates present in the rally to the respective ROs, for making necessary entries of expenditure in the Shadow Observation Register of such candidates. (ii) Helicopter or Aircraft Expenses: One of the major items of election expenses is by way of hiring helicopters and aircrafts. As per the Commission’s instructions, if the name 146 of the star campaigner of the political party has been intimated to the Commission and CEO within 7 days of notification of election, then the travel expense of the Star campaigner will not be added to the expenditure of the candidate. If the candidate(s) is/are sharing the transpo rt facility with the star campaigner, then 50% of the expenditure and if more than one candidate(s) is sharing the facilities then 50% of the travel the expenditure is to be apportioned among those candidates. (Commission’s letter no. 76/Instructions/2012/EEPS Vol. I, dated 22nd January, 201 4 at Annexure -D15). In the aviation sector, parking charges of aircraft (day/night) are levied on airc raft/helicopter operators as per rates determined by Airports Authority of India or by private airport operators at respective airports. Therefore, the amount for calculation of expenditure of the candidate shall be charged as per actual amount paid or pay able at such airports. At places other than commercial airports, the parking charges should be as per actual amount paid byCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ operators as per rates determined by Airports Authority of India or by private airport operators at respective airports. Therefore, the amount for calculation of expenditure of the candidate shall be charged as per actual amount paid or pay able at such airports. At places other than commercial airports, the parking charges should be as per actual amount paid by the operator or candidate. Th erefore, the parking charges at commercial airports should be obtained from the Airports Authority of I ndia or the private airport operator for calculation of parking charges of any aircraft. For parking at other places, the actual charges paid by the operator or candidate for parking of aircraft shall be taken into account (Annexure – D18). Expenditure inc urred on construction of helipads including expenses related to helipad site development and removal of dismantled material and parking charges of helico pter borne by political party in connection with travel of its leaders, as per Explanation 1 of Section 77 of the R. P. Act, 1951 (popularly known as “Star Campaigners”), irrespective of their security entitlement, shall be booked in the account of election expenses of the political party concerned and not in the account of election expenses of the candidat e(s). A star campaigner who is also a candidate, shall account for expenses on hiring of helicopter, preparation of helipad etc. for campaigning within h is own constituency. However, the travel expenses incurred for travel out of his own constituency for c ampaigning in other constituencies and to come back to his/her constituency are not to be booked to his/her account. (Annexure -D22) (iii) If any attendant, including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star -campaigner)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ come back to his/her constituency are not to be booked to his/her account. (Annexure -D22) (iii) If any attendant, including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star -campaigner) of the political party in his vehicle/aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that such person(s) sharing the transport with the leader (star campaigner) does not play any role in election 147 campaign for the candidate in any manner. However, if any such person(s) shar ing the transport with the leader plays any role in election campaign for the candidate(s) in any manner then 50% of the travel expenditure of the leader shall be apportioned to such candidate(s). (iv) The names of leaders of the political party (star ca mpaigners), as defined in Explanation 2 of Section 77 (1) of the R. P. Act, 1951 are to be communicated to the Election Commission of India and the Chief Electoral Officer of the State by the political party, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P. Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Off icer of the State concerned. (v) If the leader (star campaigner) is participating in any rally, organised outside his constituency, he is entitled to the exemption provided for under Explanation 1 of Section 77(1) of the R. P. Act, 1951. However, if the l eader (star campaigner) is also contesting elections in any constituency, then he is not entitled to any benefit u/s 77 of the said Act, forCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ (v) If the leader (star campaigner) is participating in any rally, organised outside his constituency, he is entitled to the exemption provided for under Explanation 1 of Section 77(1) of the R. P. Act, 1951. However, if the l eader (star campaigner) is also contesting elections in any constituency, then he is not entitled to any benefit u/s 77 of the said Act, for the travel e xpenses incurred within his own constituency and the expenses on meetings or rallies organised by him i n his constituency including the travel expenses are to be added to his account of election expenditure. (vi) If a rally/meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candi dates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidates. However, if, he (star campaigner) is taking part in a rally/ meeting, along with other contesting candidates of his party outside his co nstituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/meeting expense, organised outside his constituency shall b e added to the election expense of the leader (star campaigner). (Commission’s letter no. 76/Instructions/2012/EEPS/Vol. I, dated 22nd January, 2014, Annexure – D15). (vii) If a star campaigner of another political party /a party in alliance with the party of the candidate attends the rally and takes the name of the candidate or shares dais with the candidate then the travel expense of that campaigner of allied party up to the constituency is not exempted and shou ld be added to the candidate’s expenses. In this regard 148 Commission’s instructions contained in its letter no.437 /6/1/2008-CC & BE, dated 24-10-Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ the candidate attends the rally and takes the name of the candidate or shares dais with the candidate then the travel expense of that campaigner of allied party up to the constituency is not exempted and shou ld be added to the candidate’s expenses. In this regard 148 Commission’s instructions contained in its letter no.437 /6/1/2008-CC & BE, dated 24-10- 2008, relating to use of helicopters is enclosed at Annexure – D5. (viii) 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 have actually campaigned for the candidate, and (b) the Star Campaigners have incurred such boarding and lodging expenditure wh ile 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. The market value of such commercial boarding and lodging is to be calculated towards the election expenditure of the candidate, even if the boarding and lodging is provided complimentary. If the star campaigner, while availing the boarding and lodging in one constituency, travels to another constituency to campaign for other candidates, then the lodging and boarding expense will be proportionately distributed as the expense of those candidates. A notice may be issued in all such cases and it shou ld be processed accordingly. (Commissions letter No.464 /AP- HP & AP-LA/BE/2011 /EEM dated 3rd June 2011, at Annexure – D8). (ix) Persons provided with ‘Z+’ (Z plus) security cover are permitted the use of state -Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ lodging and boarding expense will be proportionately distributed as the expense of those candidates. A notice may be issued in all such cases and it shou ld be processed accordingly. (Commissions letter No.464 /AP- HP & AP-LA/BE/2011 /EEM dated 3rd June 2011, at Annexure – D8). (ix) Persons provided with ‘Z+’ (Z plus) security cover are permitted the use of state - owned on e bullet proof vehicles for the particular person. Such persons, whether they are holding office or out of it, and whether they are candidates or not, shall be permitted the use of the said state -owned bullet proof vehicles during the election period covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand -by should not be permitted unless specifically prescribed by security authorities in any particular case. The cost of propulsion of such vehicles should be borne by the pers on concerned when it is used for non -official purposes during such period. In case of the visiting poli tical functionaries, who are ‘star campaigners’, the expenditure, will be accounted for in the party’s account. If the star campaigner is a candidate, the propulsion cost of vehicle in the constituency shall be accounted for in his election expenditure acc ount. If the party functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate’s account (Annexure – D16). 149 (x) The expenses after the poll and before the declaration of result, which can be said to be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. Therefore, the expen ses on travel of a Star Campaigner or a candidate after the date of poll, which are not connected with election shall not be added to any candidate’s acc ount. If the Star Campaigner/candidateCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ be in connection with the election shall only be accounted for by the candidates as per Section 77 of the Representation of the People Act, 1951. Therefore, the expen ses on travel of a Star Campaigner or a candidate after the date of poll, which are not connected with election shall not be added to any candidate’s acc ount. If the Star Campaigner/candidate visits the constituency, where he or she has contested the elect ion, the travel expenses within the constituency for overseeing the counting arrangement before, or on, the date of counting shall be added to his or her account. If the political party is bearing travel expenses of a Star Campaigner outside his constituen cy after the poll, the said expense shall be shown by the political party in the accounts submitted to the Commission, (Annexure – D17).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 7. Monitoring of printing of pamphlets, posters etc. The District Election Officers shall, within three days of the announ cement of elections by the Commission, w rite to all the printing presses in their districts, pointing out the requirements of Section 127A of R. P. Act 1951, and informing them that any violation would invite stern action including the revocation of the license of the printing press under the relevant laws of the State. They should be specially instructed to indicate clearly in the print line the names and the addresses of printer and publisher of any election pamphlets, pos ters, and such other material printed by them. Copy of the printed material and the declaration of the publisher as required under section 127A (2) of R. P. Act 1951 is to be sent by the printer to the DEO and if it is printed in State Capital, then to the CEO within 3 days of such printing. Detailed instructions on the subject are contained in the Commission’s letter no. 3/9/(ES008)/94-JS-II dated 2nd September 1994 (Annexure – D2). If the posters, banners , flags, stickers, etc., with photo or appeal of the leaders (Star Campaigner within the meaning of section 77 of the R. P. Act, 1951) w ithout any reference to any particular candidate are used during the elections, the expenditure shall be book ed to the account of the political party. If, however, the leader happens to be a candidate in any constituency, then the proportionate expenditure on such items, actually used in his constituency, shall be accounted for in his election expenses. (Commission’s letter NO.76 /Instructions/2012 /EEPS dated 20th January, 2012, at Annexure – D10) As soon as the DEO receives any election pamphlets or posters, etc., from a printing press, he shall examine whether the publisher and the printer have complied with the requirements of 150 law and directions of the Commission. He shall also cause one copy to be exhibited on hisCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ NO.76 /Instructions/2012 /EEPS dated 20th January, 2012, at Annexure – D10) As soon as the DEO receives any election pamphlets or posters, etc., from a printing press, he shall examine whether the publisher and the printer have complied with the requirements of 150 law and directions of the Commission. He shall also cause one copy to be exhibited on his notice board so that all political parties, candidates and other interested persons may be able to check whether the requirements of la w have been complied with. In all such cases where there is violation of the provisions of Section 127A of R. P. Act 1951, a complaint should be filed by the DEO against the offenders in the competent court. These cases should be given wide publicity and pursued vigorously in the courts concerned. Copies of the printed materials along with the statements s howing cost of printing should be given to the accounting teams for inclusion in the Shadow Obs ervation Register.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 8. Monitoring of use of vehicles during electioneering: Each candidate shall submit before the RO, details of all vehicles proposed to be us ed by him for his election campaign. The RO will issue permits on the same day. The vehicle permit obtained from the concerned RO is to be displayed on the front screen of the vehicle. Two-wheelers (Motorbikes, Scooters, Mop eds), Cycle Rickshaw, etc. are also vehicles for the purposes of these instructions and the permit in such cases is to be shown on demand. Th ese details shou ld be given to the accounting teams for inclusion in the Shadow Observation Register. If a vehicle is found being used for campaigning without written permission of the RO, it shall be considered unauthorized campaigning for the candidate and will attract penal provisions of Section 171H of the Indian Penal Code. It shall therefore be immediately taken out of the campaigning exercise. In addition, the expenditure on this vehicle will also be added in the SOR The permission given for the use of vehicle during election is to be withdrawn by the RO immediately, if the candidate has not submitted his account for inspection, in spite of notice by the RO, and the permission shall not be granted till the accounts are submitted for inspection by the candidates. Commission’s instructions given in its letters no. 576/3/2005 /JSII, dated 29-12-2005 at Annexure –D4 may also be followed for further guidance. If the vehicle for which permission is given to a particular candidate is being used for campaign purpose by or for another candidate, then the permission has to be withdrawn and the vehicle is to be seized by the Flying Squad. A report should also be given by Flying Squad to the Assistant Expenditure Ob server to include the expenditure in the account of the candidate who was actually using this vehicle. 151 If the candidate, after obtaining permission from the Returning Officer, does not intend to u seCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ and the vehicle is to be seized by the Flying Squad. A report should also be given by Flying Squad to the Assistant Expenditure Ob server to include the expenditure in the account of the candidate who was actually using this vehicle. 151 If the candidate, after obtaining permission from the Returning Officer, does not intend to u se the campaign vehicle(s), for any period of more than two days, he/she shall intimate to the Returning Officer, to withdraw the permission for such veh icle(s). If the candidate, after obtaining permission does not intimate the RO, to withdraw the permiss ion of such campaign vehicles, it will be presumed that the candidate has used the permitted vehicles for campaign purpose and accordingly, the expenditure as per the notified rates on use of such vehicles shall be added to his/ her accounts of election exp enses. The details of all such vehicles permissions and withdrawal requests shall be given to the Accounting Team by the RO to account for the expenditur e of such candidates.( Commission`s letter no. 76/Instructions/EEPS/2015/Vol. II, dated 29th May, 2015 at Annexure – D19)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 9. Monitoring of expenses on constructions of barricades and rostrums etc. If expenses on construction of barricades/ rostrums etc. are issued by government agencies on account of security considerations, these shou ld be book ed as expenditure of the candidate in whose constituency the meeting takes place. If a group of candidates are present on the dais at the time when the leader of a political party addresses such a meeting, the expenditure w ill be apportioned equally amongst them. The District Election O fficer 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 and mark a copy to the Accounting Team for entering in the Shadow Observation Register. In case any private agency is engaged in construction of rostrum or barricade, the RO shall call for the information of expenditure from such agency within three days. If any travel agency is engaged to provide transpo rt facilities, the RO shall call for the expense details from such agencies within 3 days. This information will also be intimated to the RO and the DEO of the constituency/ district if any such candidate belongs to another district. Commission’s instructions contained in its letter no. 76/2004 /JS-II, dated 10-04- 2004 shall also be followed regarding expenditure incurred on barricades and rostrums etc. (Annexure – D3).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 10. Monitoring of Video Van (i) If a Video Van is used by the political party during the election process for general party propaganda without mentioning the name of any candidate or without a photo of candidate except star campaigner of any constituency, then it shall be 152 book ed to the p arty account, which shall be reported within 75 days by the party after completion of election in case of Assembly election or within 90 days in case of Lok Sabha election. (Commission’s letter no. 76/Instructions/2012 /EEPS/Vol. I dated 9th February, 2012, at Annexure – D11) (ii) If the name(s) or photo(s) of candidate(s) are displayed or any posters/banners of the candidate(s) are displayed thereon and the van is used in his constituency, then the expenditure has to be accounted for by such candidate(s).Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 11. Other Monitoring Mechanism: (i) Monitoring of A ccounts of Self Help Groups, NGOs etc.: There have been complaints pertaining to Self Help Groups, NGOs etc. being made condu its by the political parties/ candidates for distribution of money/ materials and being utilized for election campaigns. In as much as the revolving fund/ economic assistance is channelised through the DRDAs, it shou ld be easily possible to monitor the SHGs closely so as to ensure that they are not u tilized for distribution of money/ materials which is a corrupt practice and an electoral offence with reference to the provisions of the R. P. Act, 1951 and the IPC. The DEOs shall call for a report on alternate days regarding SHG /NGO activities in their district during the election process. (ii) Checking Distribution of gift articles/ serving of food in Marriage/ Community Halls: There are frequent complaints of Marriage Halls/ Community Halls or other big halls being utilized in the past for distribution of gift articles (like dhotis/ sarees)/ serving of food etc. The use of Marriage Halls/ Community Halls and similar places during election p eriod shou ld be kept under watch by the district electoral machinery with reference to the purpose of booking for which some evidence (like marriage invitation) must be obtained so that there is no camouflage of expenses for election purposes. The DEOs shall collect daily reports of such book ings and see that no fake party is being organized for influencing the voters. Report of any susp icious book ing/event shou ld be handed over to the Assistant/Dy. Director of Income Tax, in charge of the district, who will examine the expenses from Income tax angle. Large scale feeding under the cloak of “Annadanam ” outside places of wo rship will give room for suspicion that serving of food is being resorted to influence the voters on the eve of the election, which is a corrupt practice and anCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ Director of Income Tax, in charge of the district, who will examine the expenses from Income tax angle. Large scale feeding under the cloak of “Annadanam ” outside places of wo rship will give room for suspicion that serving of food is being resorted to influence the voters on the eve of the election, which is a corrupt practice and an electoral offence with refere nce to Section 123 of the Representation of the People 153 Act, 1951 and the provisions in Chapter IX-A of I P C . The CEOs/D EOs shou ld ensure that in case of any suspicion about feeding on a large scale, necessary steps shou ld be taken to prevent it. A doubt h as been raised with regard to participation of candidates in the community kitchens (langar, bhoj, etc.) organised by religious communities in their religious institutions as a matter of customary practice and the bhoj/feast, etc. offered as a matter of social practice following a ritual ceremony, like, marriage, death, etc. As per the Commission’s instruction No. 76/Instruction/2011 /EEM dated 05.12.2011 (Annexure –D9) expenditure on the community functions shall be treated as the election expenses of a candidate and added to account of the candidate, if any contesting candidate(s) attends the community kitchen (in whatever name has been called) either organised by him or by any other person to entertain the electors. How ever, this instruction does not apply to community kitchens/langars, etc. organised by religious communities within their religious institutions as a customary practice or the bhoj/feast, etc. offered by any person (other than the candidate) in the normal course to celebrate any ceremony like, marriage, death, etc., and the expenses incurred on such community kitchen/ langar/bho j/feast, etc. shall not be included in the election expenses of the candidate, provided that the candidate participates there in the normal course as aCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ or the bhoj/feast, etc. offered by any person (other than the candidate) in the normal course to celebrate any ceremony like, marriage, death, etc., and the expenses incurred on such community kitchen/ langar/bho j/feast, etc. shall not be included in the election expenses of the candidate, provided that the candidate participates there in the normal course as a normal visitor. It shall further be ensured that the candidate does not make any financial contribution for arranging such community kitchen, etc. and no po litical campaign in any manner is und ertaken at such community kitchen, etc. The restrictions on the community kitchens, etc., as mentioned above, shall be over after the completion of poll/ re-poll in the constituency, (Commission’s Instruction letter No. 76/Instruction/2011 /EEM, d ated 5th December, 2011 Annexure – D9). It has been brought to the notice of the Commission that during the General Elections to the Legislative Assemblies of Kerala, Puducherry, Tamil Nadu and West Bengal an d several bye-elections in 2016 held in some of the states, some candidates travelled from India to foreign countries for the purposes of canvassing, to seek votes of the overseas electors residing in those countries. In this context, the Commission would like to clarify that though seeking votes of overseas electors by going abroad by the candidates or their agents or party leaders is not prohibited under the law, all expenditure incurred by those candidates, their agents or party leaders on their travel, boarding, lodging etc., in those countries would be deemed to be expenditure incurred or authorized by the candidates in connection with their 154 election. Thus, all such expenditure would come within the meaning of section 77(1) of the R. P. Act, 1951 and wi ll have to be included by the candidates concerned in their accounts of election expenses which are subject to the limits prescribed by Rule 90 of the Conduct ofCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ deemed to be expenditure incurred or authorized by the candidates in connection with their 154 election. Thus, all such expenditure would come within the meaning of section 77(1) of the R. P. Act, 1951 and wi ll have to be included by the candidates concerned in their accounts of election expenses which are subject to the limits prescribed by Rule 90 of the Conduct of Elections Rules 1961. The Commission would, however, like to further clarify that any induceme nt to overseas electors by way of air tickets or any other allurements to them, in cash or kind, to come to India for the purpose of voting at the afores aid elections would amount to the electoral offence of ‘bribery’ within the meaning of section 171B of the Indian Penal Code, as also the corrupt practice of ‘bribery’ within the meaning of section 123(1) of the Representation of the People Act, 1951. Needless to add that the commission of the above mentioned electoral offence and corrupt practice of briber y would invite penal action against them under the relevant provisions of law. Further, any other person or organization offering to bear the travel expe nses of overseas electors to India in connection with the voting in the above elections, or any other s uch allurements to them to seek their votes, with the consent of the candidate or his election agent, would also attract the same penal action against them. (Annexure – D20)Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 12. Checking Distribution of tokens to be exchanged for gifts or cash or distribution of money through various means: Another form of corrupt practice in respect of which there have been complaints in the past, relates to distribution of tokens by parties/candidates to the voters. It is also reported that token distribution is done at the time of Aarti offering or in meetings/functions and pawn brokers are used as channels for bribing the voters. In order to ensure that there is no scope for misuse, token distribution through any method including in meetings/ functions held for election campaigning or social gatherings shou ld be checked by collecting proper evidence and lodging police complaints. The DEO should arrange meeting with citizen forums, volunteers, Nehru Yuv a Kendras and other NGOs to get appropriate information in real time about su ch activities. The DEO shall also collect the list of pawn brokers and keep them und er close watch including involving the Assistant Director / Deputy Director Income tax in charge of the district for necessary action under Income Tax Act. 155Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 13. Checking distribution of cash by candid ates/political parties along with disbursement of wages under any government scheme: Representations were received in the Election Commission alleging that money was being given on the eve of the elections by political parties/candidates to workers over and above the wages due under the gov t. schemes like Rural Employment Scheme, and various other schemes of the g overnment to influence the voters. It is to be noted that while poor people are not to be put to hardship due to the Mod el Code of Condu ct, the disbursement of any cash by political parties / candidates in addition to wages to which the workers are entitled under the Scheme, is not permissible. This is a corrupt practice and an electoral offence. The District Election Officers shou ld monitor the disbursement of wages and other benefits under government schemes so as to ensure that there is no payment of cash or gifting of articles by any candidate/ political party along with the wages under the scheme. It is also noticed that the cash benefits (both arrears and advance amount) under the government schemes are disbursed on the eve of elections, to bring influence on the electors. It will be the respons ibility of DEOs to ensure that no such arrear or advance is disbursed within 72 hours of the day of poll.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 14. Monitoring of Production, Storage and Distribution of liquor during elections: In order to curb the liquor menace, the following actions shall be initiated from the date of the notification of elections till the date of po ll:- (i) The production, off take, stock limits of licensed Stockists, daily receipt and off take of retail sellers of IMFL/Beer/Country Liquor and opening and closing time of liquor vending shops shou ld be closely monitored with refere nce to the production figures in the previous year. (ii) Intense vigil over inter-state movement of vehicles at RTO Check Posts and border check posts by Excise staff shou ld be kept by special enforcement staff under the State Excise Department who are to be deputed round the clock from the date of no tification till the completion of Poll/ Re-poll. All distilleries and w arehous es in the state shall be put und er 24 X 7 CCTV monitoring w ith police guard, to ensure that no liquor is released without proper license. Stern action shou ld be taken against any illicit storage or transportation of illicit liquor in the state. Inter state co- 156 ordination among Excise Commissioners with bordering States shou ld be done for monitoring of inter-state movement of IMFL, Beer and Country Liquor. (iii)District Level Nodal Officers and State Level Nodal Officer of Excise Department shou ld be identified to monitor the above aspects and condu ct raids to seize illicit liquor. (iv) The District Level Nodal Officer will submit report on alternate days as per the proforma given in Annexure -B12 of this Compendium for IMFL, Beer and Country Liquor in separate forms to State Level Nodal Officer with copy to the DEO and Expenditure Observers. State Level Nodal Officer of Excise Department will, in turn, submit the alternate day Report on excise activity of the entire state to the CEO in the same proforma with copy to the Commission.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ proforma given in Annexure -B12 of this Compendium for IMFL, Beer and Country Liquor in separate forms to State Level Nodal Officer with copy to the DEO and Expenditure Observers. State Level Nodal Officer of Excise Department will, in turn, submit the alternate day Report on excise activity of the entire state to the CEO in the same proforma with copy to the Commission. (v) The Commission’s Instr uction No. 76/Instructions/EEPS/2013/Vol.VIII, dated 14th November , 2013 addressed to DEOs, SPs and all Observers for prevention of storage and illegal distribution of liquor during elections and furnishing the daily report by the DEOs on it, may also be brought to the notice of all concerned (Annexure -D13). The DEO and District Excise Officer are required to submit a daily report in the prescribed format to the CEO and Nodal Officer, Excise DepartmentCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 15. Monitoring of cash withdrawal from Banks: The DEO shall ask all the banks to submit daily reports on suspicious w ithdrawal of cash from the bank account of any individual person during election process. The Commission vide its letter No. 61/Complaints/AP-LS/2012 /EEPS dated 19th July, 2012 (Annexure –D12) has directed the DEOs to call for the following suspicious transactions from the bank: (i) Unusu al and suspicious cash withdrawal or deposit of cash in a bank account exceeding Rs. 1 lakh during the process of election, without any such instance of deposit or withdrawal during the last two months. (ii) Unusu al transfer of amount by RTGS from one bank account to the accounts of several persons in a district/constituency during the election process without any precedent of such transfer. (iii)Any deposit of cash or withdrawal of cash exceeding Rs. 1 lakh from bank account of candidates or spouse or his dependents, as mentioned in the affidavit filed by candidates which is available in CEO’s website. 157 (iv) Any withdrawal of cash and deposit of cash exceeding Rs. 1 lakh in the accoun t of the political party during the election process. (v) Any other suspicious cash transactions, which might be used for bribing the electors. The DEO shall ensure that the reports are received regularly from banks and the same are handed over to Expenditure Observer for analysis. Investigation, if any, may be conducted through the FS or through the Investigation Directorate of income Tax to see that the money is not used in election process. In case any suspicious withdrawal of a large amount of cas h is noticed, necessary action may be taken and the information about large amount exceeding Rs.10 lakh shall be passed on by the DEO to the Nodal Officer Income Tax Dept. [ at O/o The DGIT (Inv.)] or Assistant/Dy. Director of Income Tax in charge of the district for necessary action under Income Tax laws.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Introduction.txt _ 16. Monitoring of Political Party Expenditure: The Expend iture of a political party in general party propaganda from the date of announcement of election till the date of declaration of results should be watche d by the district authorities through the Flying Squad(s). Though the expenditure on general party propaganda should not be added in the candidate’s expenditure yet observations recorded with evidence should be reported in the prescribed Annexure –C1 to the CEO within 45 days of declaration of results of election. 158 Sl. No. Item of Expenditure Proposed to be used by the Candid ate/ his Election Agent Proposed to be used by the Political Party Proposed to be used by any other Association According to the Report of the Officer In- Charge Number of Units Cost Number of Units Cost Number of Units Cost Number of Units Cost 1 Pandal and fixture 2 Barricading & Arches 2 Tables 3 Chairs 4 Other Furniture 5 Loudspeaker & Microphone 6 Posters 7 Banners 8 Cut Outs 9 Digital Boards 10 Illumination items like Serial Lights, etc.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D1.txt Details of Expenditure on Public Meetings/Rallies etc. Annexure-D1 Details of Expenditure on Public Meet ings/ Rallies etc. (To be given by the candidate/ his election agent at the time for applying for permission to hold the Public Meeting/ Rally etc.) Name of District- No. and Name of Constituency- Name of Candidate - Political Party if any- Date, time and duration of Public Meeting/Rally etc. – [Location] Venue of Public Meeting/ Rally etc. – 159 Sl. No. Item of Expenditure Proposed to be used by the Candid ate/ his Election Agent Proposed to be used by the Political Party Proposed to be used by any other Association According to the Report of the Officer In- Charge Number of Units Cost Number of Units Cost Number of Units Cost Number of Units Cost 11 Power connection charges paid/ payable to EB etc. 12 Other items 13 ………… .. Total Name and S ignature of Candidate/Election Agent/ Name and S ignature of Political Party/any other Association Officer in-charge. Date:Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. Annexure-D2 ELE CTION COMM ISSION OF INDIA NIRVAC HAN SADAN, ASHO KA ROAD, NEW DELH I-110 001 No.3 /9/(ES008)/94-J.S. I Dated: 2nd September , 1994 ORDER Subject: Restrictions on the printing on pamphlets posters etc. The printing and publication of election pamphlets, posters, etc., is governed by the provisions of Section 127A of the Representation of the People Act, 1951. The s aid Section 127A provides as follows:- “127A. REST RICTIONS ON THE PRINTING OF PAMPHLETS , POSTE RS ETC. (1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster:- Unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and Unless, within a reasonable time after printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document. (a) Where it is printed in the capital of the State, to the Chief Electoral Officer; and (b) in any other case, to the district magistrate of the district in which it is printed. (3) For the purposes of this section:- (a) Any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression “printer” shall be construed accordingly, and (b) “election pamphlet or poster” means any printed pamphlet, and bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or pos ter having reference to an election, but does not include any handbill, placard or poster merely announ cing theCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. accordingly, and (b) “election pamphlet or poster” means any printed pamphlet, and bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or pos ter having reference to an election, but does not include any handbill, placard or poster merely announ cing the date, time, place and other particular of an election meeting or routine instructions to election agents or workers. 161 (4) Any person who contravenes any of the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.* a. The above restrictions on the printing of election pamphlets, posters, etc., have been imposed under the law with a view to establishing the identity of publishers and printers of such documents, so that if any such document contains any matter or material which is illegal, offending or objectionable like appeal on ground of religion, race, caste, community or language or character assassination of an oppon ent, etc., necessary pun itive or preventive action may be taken against the persons concerned. These restrictions also sub s erve the purpose of placing a check on the incurring of unauthorized election expenditure by political parties, candidates and their suppo rters on the printing and publication of election pamphlets, posters, etc. b. The Commission has noticed that the above provisions of law relating to printing and publication of election pamphlets, posters, etc. are being followed more in their breach than in their observance. At the time of elections, a large number of such documents are printed, published, circulated and pasted on the w alls of private and Government bu ildings in respect of which the above mentioned requirements of law have not been compliedCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. to printing and publication of election pamphlets, posters, etc. are being followed more in their breach than in their observance. At the time of elections, a large number of such documents are printed, published, circulated and pasted on the w alls of private and Government bu ildings in respect of which the above mentioned requirements of law have not been complied with. The printing p resses rarely send the printed documents to the Chief Electoral Officers or, as the case may be, the District Magistrates concerned along with the declaration ob tained from the publisher as required under Section 127 A (2). Many a time, the election pamphlets, posters, etc. do not bear on the face the names and addresses of the printer and/or publisher thereof in violation of Section 127A (1). c. It is further complained to the Commission that no timely action is taken against the offenders with the result that offending material is freely published and circulated with impunity. In this connection, attention is drawn to the following obs ervations made by the Supreme Court in Rahim KhanVs. Khursh ed Ahmed and others (*AIR 1975 SC290): “Even at this stage we may notice that the handbill in question do es not contain the name of the printer and publisher although the election law so requires. Unfortunately, when such printed material is circulated, there is no agency of the law which takes prompt action after due investigation, with the result that no pr inter or candidate or propagand ist during elections bothers 162 about the law and he is able successfully to spread scandal without a trace of source, knowing that no thing will happ en until long after the election, when in a burd en some litigation this question is raised. Timely enforcement is as impor tant as rule of law as the ma king of legislation.”Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. In order that in future there is strict observance of, and compliance with, the requirements of the above mentioned provisions of law on the subject, the Commission, in exercise of its powers under Article 324 of the Constitution and all other powers enabling it in this behalf, and in supp ression of all its previous instructions on the subject, hereby directs as follows:- 5. (1) As soon as any election from a Parliamentary, Assembly or Council Constituency is announ ced by the Election Commission, the District Magistrates shall, within three days of su ch announcement of election, write to all printing presses in their districts. (a) Pointing out to them the requirements of above mentioned Section 127A and sp ecifically instructing them to indicate clearly in the print line the names and addresses of printer and publisher of any election pamphlets or posters such other material printed by them: (b) Asking the printing presses to send the copies of the printed material (along w ith three extra copies of each such printed material) and the declaration ob tained from the publisher as required under Section 127A (2) within three days of its printing: (c) Impressing on them in clear terms that any violation of the provisions of Section127A and the above directions of the Commission would be very seriously viewed and stern action, which may in appropriate cases include even the revocation of the license of the printing press under the relevant laws of the State, would be taken. 5. (2) The Chief Electoral Officers shall do likewise in respect of the printing presses located at the State capitals.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. (2) The Chief Electoral Officers shall do likewise in respect of the printing presses located at the State capitals. 5. (3) Before undertaking the printing of any election pamphlets or posters, etc., printer shall obtain from the publisher a declaration in terms of Section 127A (2) in the proforma prescribed by the Commission in Appendix A hereto. This declaration shall be duly signed by the publisher and attested by two persons to whom the publisher is personally known. It shou ld also be authenticated by the printer when it is forwarded to the Chief Electoral Officer or the District Magistrate, as the case may be. 163 5. (4) As directed above, the printer shall furnish four (4) copies of the printed material, along with the declaration of the publisher, within three (3) days of the printing thereof. Along with such printed material and the declaration, the printer shall also furnish the information regarding number of copies of document printed and the price charged for such printing job, in the proforma prescribed by the Commission in Appendix-B hereto. Such information shall be furnished by the p rinter, not collectively but separately, in respect of each election pamphlets, pos ters, etc., printed by him within three (3) days of the printing of each such document.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 5. (5) As soon as a District Magistrate receives any election pamphlets or posters, etc., from a printing press, he shall examine whether the publisher and printer have complied with the requirements of law and the above directions of the Commission. He shall also cause one copy thereof to be exhibited at some consp icuous p lace in his office so that all political parties, candidates and other interested persons may be able to check whether the requirements of law have been duly complied with in relation to such document and which would also enable them to bring to the notice of the authorities concerned the cases of other election pamphlets, posters, etc., in respect of which the above requirements of law have been violated. 5. (6) The Chief Electoral Officers shall also likewise take further follow up action as mentioned in sub-Para (5) above in respect of the pamphlets, pos ters, etc., received by them. 5. (7) The Chief Electoral Officers and District Magistrates shall initiate prompt action for investigation forth with if any case of publication of election pamphlets, pos ters etc. in violation of the above mentioned provisions of said section 127A and/or the Commission’s above directions either comes, or is brought to their notice. In all such cases prosecutions shou ld be launched against the offenders most expeditiously and these cases shou ld be pursued vigorously in the courts concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 6. The Commission hereby cautions all political parties, candidates and others concerned that any violation of the law and the Commission’s directions on the above subject will be viewed with utmost concern and the most stringent action poss ible will be taken against the offenders. 164 7. If any officer who is respons ible the enforcement of the above provisions of law and the directions of the Commission is found to have failed in the due discharge of his duties in this regard, he will be liable to severe disciplinary action apart from any penal action that may be called for against him for breach of his official duty. BY ORDER AND IN THE NAME OFELECTION COMMISSION OF INDIA Sd/- (S.K. MENDIRATTA) SECRETARY TO, 1. The Chief Secretaries of Government of all States and Union Territories.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 1. The Chief Secretaries of Government of all States and Union Territories. 2. The Chief Electoral Officers of All States and Union Territories. 165 APPENDIX – A Performa for declaration to be submitted by the Publisher of Election Posters, Pamphlets, etc. (See Section 127-A of the Representation of the People Act, 1951) I,..................................... .........................................son /daughter/wife of................................... (Name) resident of............................................................... (village/town)………………… (District) .............. ......... .................................................. (State), hereby declare that I as the publisher of …………………………………………………… (give brief particulars of election poster, pamphlet, etc.) Being printed by ............ .................................. ....................................................………..... (Name of the printing press) Place .............................. ...... (Signature of Publishers) Date ............................... ...... Full Address................... ...... Attested by (person personally known to publisher) Signature (name and address) Countersigned by Signature (Name and address of Printer) 166 APPENDIX – B PROFORMA FOR SUBMISSION OF INFORMATION REGARD ING PRINTING OF ELECT ION POSTER S, PAMPHLET S, ETC . 1. Name and address of printer………………… ………………………………. 2. Name and Address of pub lisher…………………………………………….... ………………………………………………………..…………………………. 3. Date of Printing order of the Publisher………………………………………. 4. Date of declaration of the publisher………………………………………….. 5. Brief Particulars of election poster, pamphlet, etc…………………………… ………………………………………………………………………………… 6. Number of copies of the above document printed………………………….... …………………………………………………………………………….……..Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D2.txt Commission ’s Letter No. 3/9/(ES008)/94 -J.S. II, dated 2nd September, 1994 regarding restrictions on the printing on pamphlets, posters etc. 3. Date of Printing order of the Publisher………………………………………. 4. Date of declaration of the publisher………………………………………….. 5. Brief Particulars of election poster, pamphlet, etc…………………………… ………………………………………………………………………………… 6. Number of copies of the above document printed………………………….... …………………………………………………………………………….…….. 7. Date of printing………………………………………………………………. 8. Printing charges (including cost of paper) being charged from the publisher in respect of the above document……………………………………………….………………….. ……………………………………………………………………………… ………….. Place.............................. ...... (Signature of Printer) Date...................... ......... ...... Seal of the printerCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3.txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. Annexure-D3 Election Commissio n’s letter No. 76/2004 /J.S.II, dated 10.04.20 04 addressed to the Chief Electoral Officers of-All the States and Union Territories. Subject: - Expenditure to be incurred on barricades and rostrums etc. 1. I am directed to refer to Commission's letter No. 437/6/OR/95/MCS/1158 dated 29th March. 1996 read with Commission's orders No. 437/6/ES/0025/94/MCS dated 21st October, 1994 (reproduced as item No. 133 in the Compendium of Instructions 2004) wherein it has been laid down that expenditure incurred on security arrangements like barricading/rostrums etc. in connec tion with the campaigning by any political leader or cand idate shall be borne by the concerne d political party. The Commission has received queries to the effec t-whether the expenditure on construction of rostrums/barricades will be charged to the political party or to the account of the individual candidate or a g roup of candidates belonging to the political party who are present on the occasion of a meeting where "leaders" of the po litical party participate. 2. The guiding principles to distinguish between the expenditure incurred by the political party and the expenditure incurred by the candidates were enunciated by the Supreme Court in Kanwar Lai Gupta v Amar Nath Chawla(AIR 1975 SC 308) wherein the Apex Court had observed: "when the political party sponsor ing a candidate incurs expenditure in connection with his election as distinguished from expenditure on general party propaganda, and the candidate knowingly takes advantage of it and participates in the programme or activity and fails to disavow the expenditure or consents to it or acquiesces in it, it would be reasonable to infer, say in special circumstances, that he authorised the political party to incur su ch expenditure and he cannot escape the rigors of the ceiling by saying that he has not incurred the expense, but his political party has done so."Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3.txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 3. With the amendment to Section 77 of the Representation of People Act, 1951 only the expenses on account of travel of leaders of the political parties, covered under explanation 2 below Section 77, will be exempted from being included in the accoun t of election expen ses of the candidate. All other expenses-incurred/authorized by the political parties, other associations, body of persons/individuals-are required to be included in the account for the candidate.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3.txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 4. The Commission has considered the matter carefully and keeping in view the provisions of law has directed as follows:- i. The expenses on construction of barricades/rostrums etc. when done initially by the government agencies on account of security considerations on behalf of the party/organizers are to be booked as expenditure of a candidate in whose constituency the said meeting takes place or to a group of candidates who 168 are present at the time when the leader of a political party addresses such a meeting. In cases where there are more than one candidate of the political party present at the time of the said meeting of the "leader", the expenditure will be appor tioned equally amongst all, and the District Election Officer of the district where such a meeting takes place shall obtain the final costs from the concerned government agencies within three days of the event and intimate to the candidates their respective share of expenditu re. This information will also be intimated to the Returning O fficer/District Election Officer of the Constituency/ District to which the other candidates belong, ii. Where such construction of rostrums/barricades are done on account of security consid erations by the candidate(s) or the political party or the organizers from their own funds, amount will be reflected in the accounts of the concerned candidate or a group of candidates present in the meeting of the "leader". These accounts will be duly verified by the Election Observer or the Designated Officer appointed for scrutiny of the accounts. 5. The Commissi on has further directed that in all cases where the construction of barricades/rostrums are being done by government agencies the candidate/political party /organizer will deposit the estimated cost of barricades/rostrum in advance.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D3.txt Commission’s letter No. 76/2004/J.S.II , dated 10th April, 2004 regarding expenditure to be incurred on barricades and rostrums etc. 5. The Commissi on has further directed that in all cases where the construction of barricades/rostrums are being done by government agencies the candidate/political party /organizer will deposit the estimated cost of barricades/rostrum in advance. 6. For expenditure already incurred on such items between the date of notification issued for the first and second phases of the current general elections, the concerned DEO s shall immediately take action as per para 4 above and inform all candidates concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4.txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates Annexure-D4 Election Commission ’s letter No. 576/3/2005/J.S.II, dated 29.12.2005 addressed to all Recognized National and State Political Parties Subject: Election Campaign by political parties and candidates - election expenditure of candidates - regarding. 1. I am directed to invite your attention to the provisions of sub-section (1) of Section 77 of the Representation of the People Act, 1951 , relating to account of election expenses. As per Explanation 1(a) under the said sub-section, the expenditure incurred by leaders of political parties on account of travel by air or any other means of transport for propagating programme of the political party is not deemed to be expenditure incurred or authorized by the candidate or his agent, for the purpose of the said Section. It is to be noted here that the benefit provided under the said Explanation 1(a) will be available if and only if the names of the leaders (maximum of 20 in the case of unrecognized political party and 40 for recognized political party) are communicated to the Commission and to the Chief Electoral Officer of the State concerned within a period of 7 days from the date of notification for the election as required under Explanation 2 under sub- section (1). 2. The above mentioned provisions have been brought to the notice of the political parties in the past. The political parties are again advised to take note of the provisions of Section 77(1) explained above. In the event any political party fails to comply with the requirements of Explanation 2 mentioned above, the benefit provided under the Explanation 1 will not be available to the party, and the travel expenses of all leaders in the case of such parties will necessarily be required to be included in the account of election expenses of the candidates concerned.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4.txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 3. Your attention is also invited to the instructions contained in the Commission's letter No.437 /6/97/PLN-III, dated 18.3.1997 (copy enclosed). As per the instructions in the said letter, details of all vehicles being used by a candidate for his election campaign are required to be lodged with the District Election Officer concerned. In this context, it may be noted that two-wheelers like motorbikes, scooters, mopeds, etc. are also covered under the instructions in the said letter, and details in respect of su ch vehicles are also required to be furnished to the District Election Officer. 4. Where political parties or candidates use aircraft/helicopter for election campaign, prior information shou ld be given to the Chief Electoral Officers of the State concerned. While giving such information, the number of aircrafts/helicopters being used and the name of the Company from which the aircraft/helicopter is being h ired, shou ld clearly indicated. 170 Further, within three days of any aircraft/helicopter being used for election campaign, full details regarding areas covered, number of so rties involved and manifest of passengers along with the hire charges paid/payable shou ld be furnished to the Chief Electoral Officer. 5. Kindly acknow ledge receipt of this letter. Election Commission's letter NO. 437/6/97-PLN-III Dated 18th March 1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies - Instructions on misuse of vehicles during election period – RegardingCompendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4.txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 5. Kindly acknow ledge receipt of this letter. Election Commission's letter NO. 437/6/97-PLN-III Dated 18th March 1997 addressed to CEOs of all States and UTs. Subject: General Election/Bye-elections to Lok Sabha and State Legislative Assemblies - Instructions on misuse of vehicles during election period – Regarding 1. The Commission has been issuing instructions on the subject of restrictions to be followed and observed on the misuse of vehicles during the election period. In the interest of preserving the purity of election proce ss and render ing the same reflective of true choice of the peop le, the Commission has now directed that the following instructions shal1 be strictly followed at all the General and Bye-elections to the Lok Sabha and Assembly constituencies. These instructions are issued under article 324 of the Constitution and all other powers enabling the Commission in this behalf. 2. Cars/vehicles being used for electioneering purposes, shall, under no circumstances, be allowed to move in convoys of more than three vehicles from the date of notification till the completion of election process in any constit uency. All bigger convoys shall be broken up, even if they are carrying any minister of Central or State Go vt. This shall, however, be su bject to any security instructions issued in respect of any such individual. In other words the convoy shall not in any case exceed three vehicle of any person plus the security vehicles allowed in view of the security gradation of that particular person. 3. From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused.Compendium of Instructions On Election Expenditure Monitoring PART D. MONITORING OF EXPENDITURE ON ELECTION CAMPAIGN_Annexure-D4.txt Commission ’s letter No. 576/ 3/2005/JS-II dated 29th December, 2005 regarding election campaign by political parties and candidates 3. From the date of notification of the election till the completion of election process in any constituency, the district administration shall keep a close watch on the vehicles used by the contesting candidates, persons accompanying the contesting candidates and other party leaders and ensure that the Commission's instructions are not abused. 4. If any person moves in a convoy of vehicles exceeding the limits prescribed above, in spite of the convoy having been broken, it shall be the duty of the local administration to ensure that such vehicles are not allowed to be used by flouting the Commission's directions till the process of election is completed. 5. The contesting candidates be asked to get the details of all the vehicles that they are using in the election campaign lodged with the District Election Officer or such other officer(s) as may be specifically authorized by the District Election Officer in this behalf before the campaigning commences. Any further deployment of any addition al vehicles can take place only after notice to this effect is given by the candidates or his agent well before the actual deployment of the vehicles. While conveying the details of the vehicles that are being deployed for election campaign the details of the areas tehsil(s) in which the vehicle would operate, should also be conveyed. 171 6. The details so obtained should be conveyed by District Election Officer to the Election Expenditure Observers. 7. 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