Election Expenditure Monitoring [EEM] презентация

Содержание

The spirit of democracy is not a mechanical thing to be adjusted by abolition of forms. It requires change of hearts. Democracy is something that gives the weak the same chance

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Election Expenditure Monitoring [EEM]

BRIEFING OF DEO/ROs/MTs
Assembly Elections- 2013






Слайд 2 The spirit of democracy is not a mechanical thing to be

adjusted by abolition of forms. It requires change of hearts. Democracy is something that gives the weak the same chance as strong. –
Mahatma Gandhi

Слайд 3The US Secretary of the state, Hillary Clinton was more justified

when she said during her visit to India in 2012,

"India's Election Commission is viewed as a global standard for running democracy."

Слайд 4USE OF MONEY POWER

Without Money, Multi-party democracy cannot function
But

‘Money Power’ involves certain risks:

Uneven Playing field and lack of fair competition,

Political Exclusion – Certain sectors face disadvantage,

Co-Opted politicians under campaign debts,

Tainted Governance and Rule of Law undermined.

Excessive, illegal & illegitimate expenditure in elections is the root cause of corruption



Слайд 5MONITORING: RELATED ISSUES
Carrying cash is not illegal under any Law

and is not anathema to regular business

But if it is undisclosed, Income Tax Department can seize

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

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

No new law for seizure


Слайд 6NOTHING OFFICIAL ABOUT IT…
Ceiling Limit for a candidate
Is there any Celing

Limit for an Agent of Candidate?

So,….

Слайд 8LEGAL PROVISIONS :


The Representation of the People’s Act, 1951
The

Conduct of Elections Rules, 1961
Instructions of Commission
Indian Penal Code, 1860
Income Tax laws



Слайд 9TYPES OF ELECTION EXPENDITURE








Expenditure permissible under the law [public meetings,

posters, banners, vehicle etc.]

Illegal expenditure [Distribution of money, Gifts, liquor or any other item among electors with the purpose of influencing them]


Ceiling for Chhattisgarh
Rs. 14 lakh for assembly
Rs. 40 lakh for Parliamentary constituency

Such type of expenditure on election expenses incurred by the candidate has to be stopped

Election expenditure can be classified into two types on the basis of legal provisions





Слайд 10MAJOR LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING
Learning Module of RO/ARO
RP

ACT, 1951

Слайд 11TO RECALL THE MAJOR LEGAL PROVISIONS RELATED TO EEM

Conduct of Election

Rules, 1961

Слайд 12THE LEGAL PROVISIONS RELATED TO ELECTION EXPENDITURE MONITORING

RP ACT, 1951

Слайд 13Learning Module of DEO

Слайд 14

PROVISIONS OF THE INDIAN PENAL CODE, 1860

Слайд 15ELECTION EXPENDITURE: CASE LAW
The Hon’ble Supreme Court in L. R. Shivaramagowde

Vs. T.M. Chandrashekhar - AIR 1999 SC 252 has observed that the Election Commission of India:
Can go into the correctness of the account of election expenses filed by the candidate, and
Disqualify a candidate under section 10 A of the Representation of the People Act, 1951 in case the account is found to be incorrect or untrue.
Grounds:
The candidate does not lodge an account of election expenses in time and manner.
The account lodged by the candidate is incorrect and untrue.



Слайд 16Tamil Nadu elections : VIDEO
Let us watch a video on the

cash seizures made during general elections to Tamil Nadu Assembly.

Слайд 17
Illegal ways of wooing electors

1. Cash in envelopes in newspapers pushed beneath

the door of the elector.
2. Inside Morning Milk pouch, along with cash in an envelope.
3. Through Self Help Groups (SHG) for onward distribution among women electors.
4. Through pawnbrokers by reimbursing the short term loan taken by electors, by mortgaging jewellery.
5. Paying cash as incentive for not casting vote by the committed voters of other rival candidate, if such voter shows his finger without indelible ink after election.
6. Cash given in advance before notification of election to the local leaders for distribution among electors.
7. Cash given through community feasts under the plate or banana leaf.
8. Cash given in the name of MGREGA, DWACRA and other government projects.
9. Cash given to dummy candidates for using the permission obtained by them for the campaign vehicles or political agents.
10.Cash given to certain non-serious persons of a locality to contest to divide votes of rivals.

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11. Cash given to Leaders of rival political parties, rival candidates

not to seriously campaign in elections.
12. Black Money raised by party/candidate in name of coupon sale.
13. Cash given to the polling agents of rivals candidates, to be silent, during counting.
14. Cash given to village headman for ensuring votes.
15. Cash given to village fund on the eve of election for construction of road or temple or school, etc.
16. Distributing Cash among the Ladies who come for “Aarti” to candidate.
17. Distributing Cash for those who come to attend public rally arranged by party or candidate.
18. Making Cash payment for the vehicles or Trucks for ferrying the voters to the place of rally or to the polling booth.
19. Cash given to journalists or media men to write positively about the candidate or to write pessimistic news of rivals.
20. Cash given to journalists/media men to blackout the news about the rivals or to publish negative news.

Слайд 1921. Cash transferred through RTGS route of banks to the a/c’s.
22. Cash given

to the youth clubs on the eve of elections for organizing cricket match, football match.
23. Cash given for charity like organizing medical camp, melody party, theatres etc., on the eve of elections.
24. Distributing TVs, video recorders & projectors to village clubs.
25. Giving cash for constructing toilets, tubewells or mobile phone with top up cards or laptops to the voters or local leaders.
26. Organizing mass marriage functions during election process and bearing the entire cost of marriage.
27. Distributing SUVs or Luxurious vehicles to appease local party leaders.
28. Reimbursing fuel bills through negotiated deals with petrol pumps.
29. Promising jobs for the unemployed youth in the academic institutes or companies of the candidate.
30. Organizing religious functions like “Prabachan” Ramayan” “Hanuman Chalisha” etc. before elections.

Слайд 2031. Distribution free books to the students, just before elections.
32. Free admission to

children of influential voters of a locality in Engineering College or medical college run by the candidate.
33. Distributing free cows or buffalos among voters before election.
34. Distributing free agriculture seeds and manures among the voters.
35. Distributing free solar lamps among the rural voters.
36. Distributing diaries, calendars, purse, T-shirt, sarees and vanity bags.
37. Using ‘Aarthiyas’ (commission agents) for distribution of cash among farmers or waiving his commission demanded form the farmers.
38. Cash given to religious leaders or leaders of a caste for ensuring votes of their followers.
39. Distribution of liquor, drugs, poppy husks among the voters.
40. Organizing rallies with film stars, musicians, orchestra, important personalities in aircrafts or helicopters to the constituency and not showing the correct expenditure.

Слайд 21 Modes of Transport of Cash
In ambulance vans
In bonnet of the car
Inside

door panels of the car
On roof top of buses
In police vans
In Helicopters

Слайд 22Preventive methods for curbing the use of Black Money
Campaign for “Ethical

voting” through Media
Announcement through Public address system fitted on the vehicles of the Flying Squads
Separate Bank account by each candidate
Involvement of school and college students in spreading the message against bribery during elections
Involving Civil Society Organisations, RWA. NYKs etc

Слайд 24 Mechanism for
Election Expenditure Monitoring in Assembly Elections

Слайд 25MEETING WITH POLITICAL PARTIES
DEO will have a meeting with all recognised

Political Parties within 3 days of announcement of election about the Instructions of the Commission and explain the legal provisions and give a copy of the compendium of instructions,
He will also discuss the various rates of expenditure and consider their suggestions before notification of rates,
CEO will arrange facilitation training at State Level on Expenditure Monitoring Measures for the representatives of all registered political parties of the state, to explain various legal provisions including the procedures.

Слайд 26NOTIFICATION OF RATES FOR ASSESSMENT OF EXPENDITURE

The list of these rates

would be given by the RO to the candidates at the time of filing of nomination papers,
If the rate of any item is not available in the list, the candidate/election agent, if they wish, may apply with the DEOs to notify the rates for such items as well and the DEOs will take appropriate steps to notify them,
Any objection regarding the quantum of such rates has to be made to the DEO within 24 hours of notification,
To obtain airing charges from media houses with reference to campaigning through electronic media.




Слайд 27Learning Module of RO/ARO
RATES OF ITEMS TO BE FIXED AFTER CONSULATATION

WITH POLITICAL PARTIES:

Слайд 28 TWO TRAINING PROGRAMMES
The DEO will arrange two facilitation trainings at his

own office for all election agents/candidates through the Exp. Monitoring cell ,
One, immediately on the day of scrutiny of nomination in presence of Expenditure Observers to acquaint them with the legal provisions, procedures for filling up the forms and registers and dates of inspection of accounts,
Second, within a week before the final date of submission of accounts in presence of Asst. Exp. Observers ( i.e., after 20 days of declaration of results) with all election agents/candidates/personnel engaged in his office for receiving the accounts, regarding the procedure for filling up the forms of Abstract Statements of Election Expenses and affidavits, consequences for failure and other legal provisions.

Слайд 29NEW EXPENDITURE MONITORING MACHINERY
Expenditure Observer (EO)
Asst. Expenditure Observer (AEO)
Flying Squad and

Static Surveillance Teams (FS and SST)
Video Surveillance Team (VST)
Video Viewing Team (VVT)
Media Certification and Monitoring Committee (MCMC)
Dist. Exp. Monitoring Committee (DEMC)
Accounting Team
Liquor monitoring Team

Слайд 30VST
Expenditure monitoring control room
Expenditure Monitoring Cell
MCMC
(Dist./ State Level)
DEMC
Accounting Team
(SOR / FE

)

VVT

F S- complaints of cash transactions /freebies

24x7 Call Centre

DEO

Expenditure Observer

R.O.

Public meeting/Rally

Illegal Expenditure.

AEO

SST – Check post monitoring teams

Слайд 31EXPENDITURE OBSERVER (EO)
To be appointed by the Commission.
EO’s are responsible for

overall supervision of expenditure monitoring for two or more Assembly segments.
They will train the Asst. Expenditure Observers and inspect functioning of different teams engaged in expenditure monitoring in each constituency
They will coordinate with various law enforcement agencies of Income tax, Police, BSF/SSB, State Excise and DRI
They will assist the DEO in preparation of scrutiny report

Слайд 32STRUCTURE AND FUNCTIONS

Expenditure Observers for each district not more than five

Assembly constituencies
Assistant Expenditure Observer for each constituency
More number of Observers and Assistant Observers in ESC (Expenditure sensitive constituency)
More number of Flying Squads and Static Surveillance teams with man power from central Govt. and central PSUs and CPF

Слайд 33ROLE OF DEO
He shall make appeal to public to avoid carrying

huge amount of cash during election process,
He shall give wide publicity about the 24X7 - Call centre and District Complaint monitoring Cell,
He shall involve NYKs, NSS and other citizen forums to get information about distribution of cash and other gift items for inducement of electors,
He shall appeal to public and students for ethical voting and educate them that both receiver and giver of bribe are punishable as per law,
He shall be responsible for training of the manpower engaged in Expenditure monitoring teams and election agents.

Слайд 34Let us watch a video on ethical voting!

Слайд 35 EXPENDITURE MONITORING NODAL OFFICER

District level Nodal Officer in office of DEO,

of the rank of SDM/ADM, who will be in charge of Expenditure monitoring training and coordination with all other team heads engaged in expenditure monitoring,
He will be responsible for expenditure monitoring efforts in the district, providing manpower and logistical support like space and equipments,
Training of the Asstt. Expenditure Observers (AEOs) and all the officials engaged in various teams should be done by the Nodal Officer of the District



Слайд 36 EXPENDITURE MONITORING NODAL OFFICER


The Nodal officer will keep

custody of all shadow observation registers and folders of evidence after the poll,
Nodal Officer of Expenditure Monitoring Cell shall act as the link between the DEO and the EO,
Nodal Officer will assist the DEO and Expenditure Observer in finalizing the scrutiny report to be submitted after declaration of result.
The affidavits of assets and liabilities filed by candidates to be scanned and put in website on the same day



Слайд 37VIDEO SURVEILLANCE TEAM

Слайд 38VIDEO VIEWING TEAM

Слайд 39ACCOUNTING TEAM

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MONITORING OF CAMPAIGN THROUGH MEDIA:MCMC

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DISTRICT LEVEL MCMC – TO OPERATE 24X7

Слайд 42SEPARATE BANK ACCOUNT
The candidate to open a separate bank account

for election expenditure, at least one day prior to filing of his nomination papers.
It can be opened in joint name of the candidate and his election agent, anywhere in the state.
This Bank account can not be opened jointly by the candidate with spouse or other relatives, if they are not the election agent of the candidate.
The account can be opened in any bank, including co-operative banks and Post Office.
At the time of nomination the candidate will communicate the account number of this bank account to the RO. All the election expenses of the candidate should be met from this bank account.




Слайд 43 SHADOW OBSERVATION REGISTER (SOR) & FOLDER OF EVIDENCE(FE)


SOR is for

each Contesting Candidate in a constituency (ANNEXURE-11 of the Instructions). To record all expenses incurred on major events(public meetings/rallies etc.,) towards election campaign,

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

Signatures of candidate/ authorized agent to be taken

The SOR & FE to be handed to the Dy.DEO by the EO for safe custody before leaving the constituency, under receipt.
















Слайд 44PREVENTIVE MEASURES : FLYING SQUADS

Слайд 45FLYING SQUADS

Слайд 46STATIC SURVEILLANCE TEAMS (SST)
There shall be three or more Static Surveillance

Teams in each AC with one magistrate, 3-4 Police personnel and one videographer.
Expenditure Sesitive Pockets (ESP) in each constituency are to be identified on the basis of last complaints and economic development
They will be responsible for putting the check post on major road/arterial road/ ESP to check movement of illegal cash/liquor/arms or gift items
There should be surprise element in putting the check posts so that one can not anticipate about its placement.
To avoid any harassment of public.
Checking by SSTs from the date as decided by ECI ( generally from the date of notification of election)
Plan for deployment of SST during last 48 hrs to be worked out in advance






Слайд 47STATIC SURVEILLANCE TEAMS
The entire activity at the check post should be

video graphed and the DVD handed over to Accounting Team, for keeping in `folder of evidence`.

Any member of public may ask and take copy the Video DVD/CD for a particular day by depositing Rs. 300/-.

It will submit a Daily Activity report in prescribed format (Annexure-9) to SP, RO and Assistant Expenditure Observer ,

The Nodal Officer at Police Headquarters at State level will compile the Daily Activity reports of Flying Squads and Surveillance Team and send to the CEO and Commission.
EO to have coordination meeting with all law enforcement agencies of district and the teams.


Слайд 50STANDARD OPERATING PROCEDURE : SOP
During checking by SSTs, if any cash

exceeding Rs.50,000 is found in a vehicle carrying a candidate, or his agent or party worker or carrying posters or election materials or any drugs, liquor, arms or gift items(valued more than Rs. 10,000) which are likely to be used for inducement of electors or any other illicit articles are found in a vehicle, the same shall be subject to seizure. Whole event of checking/seizure to be video graphed by video team submitting CD to R.O.,
An Appeal is to be made by DEO and CEO in local language through Flying Squads / media regarding the enforcement measures & advising the public and political functionaries not to carry huge cash during election process.

Слайд 51 Visit of Expenditure Observer
To reach the constituency on the day of

notification of elections,
EO to leave the constituency after submitting the poll preparedness report-I,
2nd Visit on date immediately after the date of withdrawal of candidature and remain in the constituency during entire campaign period and leave the constituency only after the completion of poll and sending his Report-III,
3rd visit after 30 days from declaration of results to assist in finalisation of scrutiny report prepared by DEO. He would He will send his final(IV) Report after that.(would stay for 7 days)

Слайд 52INSPECTION OF ACCOUNTS OF ELECTION EXPENDITURE
Candidates are required to produce their

accounts for Inspection 3 times or more before the Expenditure Observer (EO) or any officer authorized by him. The RO will notify 3 dates & timing well in advance in consultation with EO for inspection of election expenditure accounts maintained by candidates,
RO will ensure that the latest Instructions of the Commission on expenditure monitoring are given to the candidates, in local language,
All the teams should be trained as per the latest Instructions on EEM.

Слайд 53INSPECTION OF ACCOUNTS
Gap between the two inspection should not be less

than 3 days and inspection to be done in such a way that major portion of expenses are covered under inspection,
Candidate can have a separate agent for election expenses,
Inspection to be done in the office chamber of RO or any other Office room NOT AT THE GUEST HOUSE between 10AM to 5PM,
Publicity has to be given about the contact number of EO and time of inspection,


Слайд 54INSPECTION OF ACCOUNTS
The Accounting Team alongwith the AEO to be present

with Shadow Observation Register and folder of evidence during inspections,
The details of excess expenditure, if any found based on evidences gathered, must be recorded in writing on the register maintained by the candidate and also on the SOR/FE and signatures of candidate/Agent obtained on both. It must be counter signed by EO/AEO and Accounting team head,
Commission considers the comments of Expenditure Observer in the register at the time of disqualification proceedings.


Слайд 55INSPECTION OF ACCOUNTS
Instances of suspected Paid News will also be noted

in the register,
RO to issue notice to candidate on all such discrepancies and also on all advertisements / Paid News,
A photocopy of the accounts maintained by the candidates should be obtained after each inspection and RO will display a copy on the notice board

Слайд 56INSPECTION OF ACCOUNTS
Notice to be issued to candidate in case of

failure to produce accounts for inspection and FIR to be filed if failure continues (Sec 171-I of IPC),

Withdrawal of permission for use of campaign vehicle, if the failure continues in spite of notice,

Intimation of such withdrawal of permission to the Flying Squad to take the vehicle out of campaign,

Any member of Public can obtain copy of Shadow Observation Register after inspection, notices and replies by candidates on payment of Re. 1/- per page.



Слайд 57 REGISTRES MAINTAINED BY CANDIDATES TO BE CHECKED DURING INSPECTIONS
Register for maintenance

of day to day a/c’s of election expenses by contesting candidates Refer annexure-14 of the instructions :

DAILY REGISTER : PART -A (Color: WHITE PAGES)

CASH REGISTER: PART -B (Color: PINK PAGES)
BANK REGISTER: PART -C (Color: YELLOW PAGES)


Слайд 58DISTRICT COMPLAINT MONITORING CELL

Copies of all complaints received and reports of

inquiries conducted shall be put on the notice board of the RO for information of the Public. Any member of the Public can obtain copies of these documents on payment of a fee of Re. 1 per page.

All complaints filed with DISTRICT LEVEL Complaint Monitoring cell to be recorded and investigated

Слайд 59ASSISTANT EXPENDITURE OBSERVER
One Asst. Expenditure Observer (AEO) for each Assembly

segment:
AEOs should be of the rank Group ‘B’ Central Govt. Officers. In case of shortage of officers Officers of state finance or treasury may be deployed.
AEOs are appointed from date of announcement of election by DEO.
He would assist the Expenditure Observer and the DEO in scrutiny of the account election expenses submitted after the declaration of result.



Слайд 60 STAR CAMPAIGNERS
All Passengers going by private aircrafts/helicopters will be frisked in

commercial airports.
The candidate or Party shall inform about travel plan of the aircraft/helicopter 24 hrs in advance for landing and take off in non commercial airports, to DEO for security purpose
Candidate shall inform the RO concerned within 5 days of landing about the hiring charges paid or payable for helicopter /air craft and name of the pol. Party in case hiring charges borne by it.
List of Star campaigners to be submitted to CEO or the Commission within 7 days of the notification

Слайд 61STAR CAMPAIGNER
Travel expenses of star campaigners of allied party are not

exempt
If Star campaigner travels with candidate(s), then 50% of the travel expense will be added/apportioned to the expenditure of candidate(s)
If candidate shares the Pandal with the Star Campaigner or his photo or poster with his name is exhibited in the meeting, then the meeting expense will be added to his account
If any attendant, security guard or medical attendant of Star campaigner or any member of the party, who is not a candidate in the constituency concerned, or any representative of electronic/print media travels with him, then travel expenses of such star campaigner shall not be added to the account of candidate provided they do not play any role in election campaign of the candidate.

Слайд 62PUBLIC MEETINGS/RALLIES
Format for applying for permission to hold public meeting/ rally

is given in Annexure-16
Candidate has to mention date time, duration and location of such meeting/rally along with expenditure plan for obtaining due permission
This is necessary for maintenance of law and order and proper video recording of events.

Слайд 63RALLY EXPENSES
All public rallies and Public meetings (even before notification and

after announcement) to be videographed
Rally expense for filing nomination to be included
Public who attend the rally in their own vehicle without receiving any payment or without any flag, banner or photo of candidate not to be included
Commercial vehicles used for rally to be included in expense
Notional cost of fuel and driver salary of one Personal vehicle used by the candidate to be added (Notional cost of hiring in case of more than one personal vehicle used)
One vehicle of district level party officer ( Not being the candidate) exempted

Слайд 64PRINTING PAMPHLETS, BANNERS AND POSTERS
The print and electronic media, cable network

and FM radio will be closely monitored
Prior approval of CEO before any broadcast or telecast
Press or publisher’s name and address, number of copies and amount charged to be mentioned in all printed material including media advertisements and sent to DEO immediately
Advertisement in Print media to be covered under section 127A of RP Act,1951 and media must collect a declaration signed by the publisher, attested by two persons (copy of the printed material and declaration from the publisher to be sent by the printer to CEO or DEO within 7 days).
Punishment for violation is imprisonment up to 6 months or fine

Слайд 65MONITORING OF VEHICLES
Candidates to submit before the RO details of vehicles

proposed to be used and obtain permission in writing

Permission letter to be displayed on the wind screen of vehicle

Permission given to a particular candidate being used by another, vehicle to be seized and exp. For entire period to be added
At district level, Party is allowed to have a vehicle for general party propaganda

Слайд 66OTHER INSTRUCTIONS:
If candidate attends a community kitchen, during election campaign, (other

than those organized by religious communities and normal ceremonies like marriage etc,) the entire expenditure will be added as his election expenditure,


If the vehicle permitted to any independent candidate or any other candidate is found carrying campaign material of another candidate or being used for campaign for any other candidate, the entire expenditure on the vehicle from the date of permission will be added to the candidate using it for his campaign and permission will be withdrawn

Слайд 67MONITORING PRODUCTION, STORAGE AND DISTRIBUTION OF LIQUOR
From the date of announcement

of election, the production, off-take, stock limits of stockists and retailers of IMFL/Beer/country liquor are to be monitored district wise,
Opening and closing of liquor vending shops are to closely monitored,
Intensive vigil over inter state movement of vehicles at RTO check-posts and border check-posts by special enforcement staff of Excise Deptt.,
To conduct raids to seize illicit liquor,
Inter state coordination of Excise Commissioners of the bordering states,
District level Nodal Officer to submit report every alternate day to DEO, Exp. Observer and State Level Nodal Officer, who will compile the state level report to Commission and CEO (Annex.22).

Слайд 68

Other Monitoring Measures
The bookings of marriage halls and Mandaps to be

monitored,
Distribution of gift items and cash coupons to be closely monitored,
Unusual cash deposit/ withdrawal in account of SHGs and NGOs,
Disbursal of wages under ongoing Government schemes only in presence of Government officials during elections.

Слайд 69 LODGING OF ACCOUNTS OF ELECTION EXPENSES:
Candidates are required to lodge their

accounts of election expenses with the DEO within 30 days of declaration of result along with the register of election expenses (U/s. 78 of the RP Act,1951)
Documents required to be filed:
1. Part I to Part VI of Abstract statement signed by the candidate ,
2. Certified Copy of Bank statement ,
3. Affidavit signed by the candidate
4. Register of Day-to-day Accounts with all bills and vouchers in original duly signed,
5. Copies of expenditure related notices issued by RO and replies to such notices,
6. Replies to discrepancies pointed out at the time of Inspection,

Слайд 70AFFIDAVIT OF ASSET AND LIABILITY
To file Affidavit of Asset and Liability

along with nomination of self, spouse and dependant children as per revised format,
Affidavit to contain:
I. Criminal Cases pending and Conviction Orders obtained
II. Actual value and cost of addition to Immovable assets along with Market value, Bank Deposits and Shares, Actual liabilities including Govt. dues and disputed liabilities, PAN of self, spouse and children and Income Tax paid as per last return,
Affidavit are to be scanned and uploaded to web site of CEO within 24 hrs of receiving.

.

Слайд 71NOT LODGING ACCOUNT IN MANNER
Election Expenditure Register comprising of Day to

Day Account Register + Cash Register+ Bank Register + Abstract Statement (Part I to Part VI) + Bills and Vouchers (serially numbered) if not lodged with the DEO office,
Abstract Statement ( Part I to Part VI ) as well as Affidavit annexed with it not signed by the candidate himself. (both these should be singed by the candidate himself).

Слайд 72NOT LODGING ACCOUNT IN MANNER
Bills and vouchers are not signed by

the candidate or his election agent,
In case of discrepancy on any item of expenditure, pointed out by RO/Expenditure Observer/designated officer during inspection of register, the explanation along with reason for the discrepancy on such items not enclosed,
Self certified copy of the bank statement not submitted,
Any amount not correctly reflected by the candidate or understatement of any amount of expenditure.

Слайд 73DEO’S SCRUTINY REPORT : ( ANNEX-21)
At Sl. no.8, prescribed format:-

whether candidate has submitted his Expenditure Register ( Part A, B,C), Abstract Statement (Part I to VI) along with Affidavit sworn by candidate before Magistrate of first class or Oath Commissioner or Notary Public, vouchers of expenses singed by candidate/Agent, Self certified copies of the Bank Account,

Sl. no.10(a) and 12 of DEO`s Report:- The most important column which may cause the issue of Notice for disqualification to candidate- by the Commission. DEO shall mention as to whether items of expenses reported by candidate tally with those shown in Shadow Observation Register.
If there is understatement or candidate has not mentioned any expenses then it has to be shown in relevant columns of 10(b) with proper evidences collected by various teams on Expenditure Monitoring kept with the DEO.

Слайд 74District Expenditure Monitoring Committee (DEMC)
In case of discrepancy between SOR and

the register of the candidate, Notice to be issued within 24 hrs by the RO
Candidate has to reply within 48 hrs, accepting or disputing the excess amount
In case of dispute, the matter shall be decided by DEMC consisting of EO, DEO, Dy DEO within 72 hrs in writing and a copy will be issued to the candidate
In case of failure to produce the Accounts for inspection, after 48 hrs of notice, the permission for vehicle to be witdrawn and FIR to be lodged

Слайд 75DEO to issue notice within 24 hours of lodging the accounts

by the candidate
The candidate to reply within 48 hours of receipt of notice and the reply to be considered by DEMC and the decision is intimated in writing to the candidate.
If candidate does not submit any reply to DEO after receipt of notice, DEMC will decide the case on merits.
The notice, the reply by the candidate and decision of the DEMC shall be displayed on the Notice Board.
The Abstract statement of accounts, lodged by the candidates to be scanned and put in CEO website within 3 days
In case of failure to lodge accounts within the period of 30 days from the day of declaration of result, DEO shall send the report to the Commission mentioning such default.
DEO Scrutiny Report to be entered in EEMS software within 3 days of its finalization

Learning Module of DEO

Expenditure incurred after the period of inspection

Слайд 76SOP: CHECKING OF HELICOPTERS/ AIRCRAFT
The Bureau of Civil Aviation Authority Instruction

on the issue
Frisking and pre-embarkation checks of Bags at commercial airports: During election process proper frisking of all persons (excepting the exempted category) going by private Helicopter or private aircrafts, and pre-embarkation screening/ phy. Checking of baggage to be done at commercial airports
No prior permission for landing/ take off at commercial airports from DEO. ATC to inform CEO or DEO half an hour in advance
ATC to keep records of all such pvt. Aircrafts/ helicopters and make available to the CEO within 3 days of landing or takeoff. The CEO to share this with EO for accounting purpose.
CISF to inform the Income Tax dept. if cash above 10lacs/ bullion is detected in poll bound states,




Слайд 77SOP: CHECKING OF HELICOPTERS/ AIRCRAFT
At Non-Commercial airports or Helipads:
Application to be

made by candidate or party to the DEO concerned 24 hrs in advance
Frisking of any passenger at the time of disembarkation will not be done, but all baggage to be checked
Candidate to inform the RO concerned the details of passengers, expenditure incurred on hiring such crafts and name of pol. Party if party has borne the expenses within 5 days of landing
Pol. Parties to inform the ECI within 75 days (for AC) and in 90 days ( for PC) after completion of election, details of expenses on hiring


Слайд 78ROLE ASSIGNED TO INCOME TAX DEPARTMENT

To gather intelligence/ keep watch over

movement of cash in the constituency and take necessary action under IT Laws
To watch all airports of the state, major railway stations, hotels, farm houses, hawala agents, financial brokers, Cash couriers, Pawn brokers
IT Deptt. will open Air Intelligence Units in all airports of the poll bound states and also shall keep vigil over movement of cash through aircrafts/ helicopters leading to poll bound states,
To verify the assets and liability from the affidavits
To verify returns by Political Parties


Слайд 79Check list for DEOs: Before announcement

To identify officers for Assistant Expenditure

Observers form Income Tax, Customs & Central Excise or other Accounts Departments of Central Govt. or PSUs.
To identify manpower for Flying Squad (one or more per AC); Static Surveillance Team (3 or more per AC) and Video Surveillance Team( one or more per AC)
To Mobilise Video Cameras as per requirement of Video Surveillance Teams, Flying Squads and Static Surveillance Teams.
To arrange TV/Computers with TV connection for MCMC.
To identify Expenditure Sensitive pockets (ESPs) and Expenditure Sensitive Constituencies’(ESCs) – on the basis of level of development, literacy, complaints during Legislative Assembly Election to forward to ECI.
To identify the Nodal Officer of State Police and State Excise Department of the district for Expenditure Monitoring programme- they will be Master Trainers.

Слайд 80Check list for DEOs: Before announcement
To pursue all pending cases of

last election, where FIR was filed and take it to logical conclusion.
To identify officers who will be notified as Executive Magistrate for the Flying Squad / Static Surveillance Team.
To prepare plan for training of all manpower to be deployed in Expenditure Monitoring Teams in 2/3 phases.
To identify a senior officer of ADM rank as Nodal Officer for Expenditure Monitoring and forward his name, telephone no. , fax no. and mobile no. etc to ECI – He will be Master Trainer for all Expenditure Monitoring officials.
To get the figures of Daily production, distribution and storage of liquor in the district during last year

Слайд 81Check list for DEOs: Before announcement
To identify Expenditure Sensitive Pockets in

each constituency on the basis of complaints during last election, literacy and economic development of the area and to intimate to Commission through CEO
To prepare plan for Ethical Voting campaign involving the students of colleges and schools, NYK, NSS and CSO
To print the Registers and forms for the candidates and the teams


Слайд 82Check list for DEOs: After announcement
To arrange meeting with banks for


(i) facilitation in opening bank account by candidates and issuing cheque books instantly
(ii) sending suspicion transaction report exceeding Rs.1 Lakh instruction dated 19.7.2012 (Annexure-64)
(iii) Procedure to be following for ATM Vans as per guideline of Ministry Finance dtd. 20.2.2013 (Annexure-66)
To go through the Guidelines for permission for helicopter landing in the district as for checking of baggage.
To arrange meeting with political parties in the district after announcement of election for notification of rates of different items of election campaign expenditure and hand over a copy of Compendium of Instructions on EEM.

Слайд 83Check list for DEOs: After announcement
After Announcement:
To ensure that FS, VST,

VVT, MCMC, Accounting team are functional
District level Complaint monitoring Cell is functional with toll free number
All rallies are videographed for verification of party expense
To ensure that the district level state excise deptt is submitting report in the prescribed proforma

Слайд 84Checklist of DEOs: After Nomination
To ensure that the SST is functional

and put in ESPs/ major roads
To ensure that the proper registers and forms for affidavits are given to candidates for filing the nomination
Take note of the list of Star Campaigners received by the CEO and ECI within 7 days of notification of election.
To ensure that the training of candidates or agents at RO level is organised on the date of scrutiny of nomination

Слайд 85Checklist of DEO: After Completion of election
To issue 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.
To arrange one-day facilitation training programme for all the election agents/candidates and the personnel engaged for receiving the accounts, within one week before the final date of submission of the account of election expenses.
Scanned copy of the Abstract Statement (Part I to Part VI) of all the candidates to 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 all public.
The list of winner and runner up and their election expenditure as shown in their accounts is to be prepared and are put in notice board of DEO

Слайд 86Checklist of DEO: After Completion of election
To scrutinize the statement of

accounts of election expenditure submitted by each candidate, with the help of the DEMC and issue notice within 24 hrs in respect of expenses, not correctly shown and calling for the reply from the candidate on such discrepancy within 48 hrs
To intimate to the candidate in writing the decision of DEMC on his reply
To get the comments of Exp. Observer on his Scrutiny report and forward to the Commission through the CEO within 37 days of declaration of the results in the prescribed format.
The scrutiny report of DEO for each candidate is to be entered in EEMS Software, within a week after submission of DEO’s Scrutiny Report.

Слайд 87TELEFAX NO. / E-MAIL ID FOR REPORTING
Sh. Avinash Kumar, Under Secretary

(EE Div.)
- Tel: 011 23052055, 9868911976 avinash.kr@eci.gov.in .
Sh. Malay Mallick, Under Secretary (EE Div.)
- Tel: 011 23052058, 9868113451 malay.mallick@eci.gov.in .

Sh. S.K. Rudola, Secretary , Fax: 011- 23052049, 9013308437
(e-mail: skrudola@eci.gov.in)
Sh. B. B. Garg, Jt. Director, Fax: 011- 23052003, 08130920555
(e-mail: bbgarg@eci.gov.in)
In case of urgency:-
Sh. P. K. Dash, DG (Exp.) Tel. 011 23356025, Fax: 011- 23318506, 09868301742
e-mail: prasana.dash@eci.gov.in
Address- Nirvachan Sadan, Ashoka Road, New Delhi-01

Слайд 88धन्यवाद ! THANKS

Слайд 89Pledge
I do swear in the name of God / do affirm

that
I shall uphold the democratic traditions of our country, as mandated under the constitution with utmost sincerity and dedication, and
shall make all efforts towards curbing the pernicious effects of Money power and Muscle power, and
shall ensure conduct of free, fair and clean elections

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