Compliance with Model Code/related instructions issued by Election Commission of India - DoPT
Election Matter
A-43014/2/2018-Ad.IV
Government of India
Election Matter
Ministry of Personnel, PG
& Pensions
Department of Personnel & Training
North Block, New Delhi,
The 18th March, 2019
OFFICE MEMORANDUM
Subject:
General Elections to Lok Sabha, 2019 and State Legislative Assemblies in the State
of Andhra Pradesh, Arunachal Pradesh, Odisha and Sikkim and certain bye-elections - Enforcement of
Model Code of Conduct- reg.
The undersigned is directed to enclose a copy each of D.O. letter No. 1/41/2/2019-Cab dated 11
.03.2019 and O.M. No. 1/41/2/2019-Cab dated 12.03.2019 received from Cabinet Secretariat, for
information and compliance.
Encl: As above
(Brij mohan)
Under Secretary to the Government of India
To
All concerned through website of DOP&T and e-Office.
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN, ASHOKA ROAD. NEW DELHI-110001
No.437/6/1/ECI/INST/FUNCT/MCC/2019
Dated: 10th March, 2019
TO
1. The Cabinet Secretary, Government of India, Rashtrapati Bhawan, New Delhi.
2. The Chief Secretaries to the Governments of all States and
Chief Secretaries/
Administrators of Union Territories.
3. The Chief Electoral Officers of all States and Union Territories.
Sub:
Application of Model Code of Conduct - General Elections to House of the People (Lok
Sabha), 2019 and State Legislative Assemblies in the States of Andhra Pradesh, Arunachal Pradesh,
Odisha and Sikkim and certain bye-elections - reg.
Sir,
I am directed to state that the Election Commission has announced the schedule for holding General
Elections to Lok Sabha and to the Legislative Assemblies of the States of Andhra Pradesh, Arunachal
Pradesh, Orissa and Sikkim and certain bye-elections (Press Note No. ECI/PN/23/2019, dated 10th
March, 2019, available at the Commission’s web-site - www.eci.gov.in).
2. With this announcement, the provisions of the Model Code of Conduct for the guidance of the
Political Parties and Candidates
have come into force with immediate effect and will be in
force till the completion of the General Elections and bye-elections, mentioned above. This
may be brought to the notice of the Central and all State Governments/ Union Territory
Administrations, all Ministries/ Departments/ Offices of the Union Government and the State
Governments/Union Territory Administrations. A copy of instructions issued by you to this effect,
may be sent to the Commission for its information and record.
3. Your particular attention is drawn to the provisions of Model Code of Conduct for the guidance of
Political Parties and Candidates and various instructions issued by the Commission, which, inter-
alia, state that the party in power whether at the Centre or in the State or States concerned, shall
ensure that no cause is given for any complaint that it has used its official position for the
purposes of its election campaign and in particular:-
(i) (a) The Ministers shall not combine their official visit with electioneering work and shall not
also make use of official machinery or personnel during the electioneering work;
(b) Government transport including official air-crafts, vehicles, machinery and personnel shall not
be used for furtherance of the interest of the party in power;
(ii) Public places such as maidans etc., for holding election meetings, and use of helipads for
air-flights in connection with elections shall not be monopolised by the party in power. Other
parties and candidates shall be allowed the use of such places and facilities, on the same terms and
conditions, on which they are used by the party in power;
(iii) Rest houses, dak bungalows or other Government accommodations in the States/Union Territories
where elections have been announced or are taking place can be given to the political functionaries
who are provided security by the State in ‘Z’ scale or above or equivalent by various State
Governments or the Central Government under provisions of their laws, on
equitable basis. This shall be subject to condition that such accommodation is not already allotted
or occupied by election related officials or the Commission’s Observers. Such political
functionaries shall not carry out any political activity while staying in the Government Guest
Houses/Rest Houses or other Government accommodation etc.;
(iv) Issue of advertisement at the cost of public exchequer in the newspapers and other media and
the misuse of official mass media during the election period for partisan coverage of political news
and publicity regarding achievements with a view to furthering the prospects of the party in power
shall be scrupulously avoided;
(v) Ministers and other authorities shall not sanction grants/payments out of discretionary funds
from the time, elections are announced by the Commission; and
(vi) From the time, elections are announced by Commission, Ministers and other authorities shall not
-
(a) announce any financial grants, in any form or promises thereof; or
(b) (except civil servants) lay foundation stones etc. of projects or schemes of any kind; or
(c) make any promise of construction of roads, provision of drinking water facilities etc; or
(d) make any ad-hoc appointments in Government, Public Undertakings etc. which may have the effect
of influencing the voters in favour of the party in power.
4. As will be observed from Para 3{Clause IV) above, no advertisement shall be issued in electronic
and print media highlighting the achievements of the Govt. at the cost of public exchequer. If any
advertisement has already been released for telecast/broadcast or publication in the print media, it
must be ensured that the telecast/broadcast of such ads on electronic media is stopped forthwith and
that no such ad is published in any newspapers, magazines, etc„ i.e. in print media, from today
itself and it should be immediately withdrawn.
5. The instruction of the Commission contained in its letter No.437/6/2009-CCBE dated 5th March,
2009 is available on the Commission’s web-site at path “https://eci.gov.in/important-instructions/”
for your information and necessary action. The Commission’s all other relevant instructions, ‘Manual
on Model Code of Conduct’ and ‘Compendium of Instructions on Model Code of Conduct’ are also
available On the Commission’s website for your guidance.
6. The Commission further directs that there shall be a total ban on the transfer of all
officers/officials connected with the conduct of the election. These include but are not restricted
to:
(i) The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers;
(ii)Divisional Commissioners;
(iii)The District Election Officers, Returning Officers,
Assistant Returning Officers and other Revenue Officers connected with the conduct of election;
(iv) Officers of the Police Department connected with the management of election, like
range IGs and DIGS, Senior Superintendents of Police and Superintendents of Police, Sub-Divisional
Police Officers like Deputy Superintendents of Police and other Police officers who are deputed to
the Commission under section 28A of the Representation of the People Act, 1951;
(v)The
transfer orders issued in respect of the above categories of officers prior to the date of
announcement but not implemented till date should not be given effect to without obtaining specific
permission from the Commission in this regard;
(vi) This ban shall be effective till the
completion of the election. The Commission further directs that the State Governments should refrain
from making transfers of senior officers who have a role in the management of election in the
State;
(vii) In those cases where transfer of an officer is necessary on account of
administrative exigencies, the concerned State Government may with full justification approach the
Commission for prior clearance.
The receipt of the letter may kindly be acknowledged.
Yours faithfully,
(NARENDRA N.BUTOLIA)
PRINCIPAL SECRETARY
Source:
DoPT
