New Mechanism to monitor Election Expenditure for General Observers 2016

Objective of Expenditure Monitoring To ensure Level Playing Field Expenditure of candidates to remain within prescribed ceiling Not to permit Illegal Expenditure Expenditure by Political parties on General Party Propaganda has no limit, but if Party spends for candidate, it is to be included in Candidate’s expenditure

TYPES OF ELECTION EXPENDITURE 3 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 Assembly- 28 lakh (Puducherry -20 lakh) Lok Sabha- 70 lakh Such type of expenditure of election expenses of the candidate is stopped Election expenditure can be classified into two types on the basis of legal provisions

Preventive Measures -Appeal to Political Parties: - Ethical Voting campaign Control Measures -Maintenance of Accounts by candidates - Inspection of Accounts - Monitoring of Expenditure by Video Teams Enforcement Measures -Coordination of Agencies - Flying Squads and SSTs

Preventive Measures Appeal to Political Parties: I. To exercise self restraint. II. To avoid transactions in cash during the election process. III. To advise their party functionaries, candidates and agents not to carry huge cash in the constituency during election process.

Campaign for educating the voters on the legal provisions against bribery. Applicable to both takers and givers – Punishment upto 1 year of imprisonment. Campaign through schools and colleges against bribery. Campaign through advertisements in Media for ethical voting. Involvement of NGOs and civil society organizations to spread the message against bribery

Mechanism for Election Expenditure Monitoring in Elections 8

Monitoring Set up Nodal Officers at State Level - Addl CEO/ Joint CEO(EEM) - Police Nodal Officer - Income Tax Nodal Officer - Excise Nodal Officer District Level District Expenditure Monitoring Committee Appeal Committee

Candidates to open separate bank account for election expenses, with any bank or Post office one day before nomination. Bank Account can be opened in joint name with the agent and candidate. Candidate can have separate agent for election expenses. Not opening bank account will not affect nomination To incur all expenses by A/c payee cheque if payment to a single party during election process exceeds Rs.20,000/-

Call Centre with 24X7 Toll free number to receive complaints related to elections and monitor action The telephone numbers of General observer, Expenditure Observer/ Assistant Expenditure Observers to be advertised A complaint monitoring cell with toll free number by Income tax Department All calls made to the call centres shall be recorded for future verification.

FLYING SQUADS 12 3 or more FS per AC.FS- to attend to all complaints related to election expenditure & MCC Receive complaints forwarded by Distt. Complaint Monitoring Cell or forwarded from CEO Office Take immediate action on receipt of complaints which will provide complete contact details of complainant Wherever not possible to reach within ½ hour, send SST or local SHO and monitor action taken by the officials

Flying Squads (FS) and Static Surveillance Teams (SST) Flying squads (FS) to become operational from announcement of election. Vehicles to be GPS enabled 3 or 4 FS for each Constituency with one executive magistrate, one police officer and Police Officials and one videographer to take action against all complaints FS to attend to both MCC and expenditure related complaints SST with CPF and videographer to be mixed in check posts in Exp. Sensitive Constituencies This will be supervised by the SPs and Daily Activity Report sent to Expenditure Observer I.G. Level Police Officer to supervise the surveillance activities of Police and send report to Commission In ESC, Police Observers from outside the state will be sent

Legal sanction for seizure of Undisclosed Cash 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

Back Room Operations Asst Exp. Observers (AEO) Expenditure Monitoring Cell Accounting Team Media Expenditure Team (MCMC) Video Viewing Team (VVT) Video Surveillance Team (VST) Call Centre and Complaint Monitoring System

THE TEAMS

Expenditure Observer One Expenditure observer per 3-4 assembly segments, To train the officers of Expenditure Monitoring cell, To supervise Expenditure monitoring mechanism, To inspect Registers of day to day expenditure of the candidate and Shadow Observation Register. to look in to complaints and co-ordinate with DEO for enquiry on complaints within 24 hrs. to coordinate with Surveillance teams of police and Investigation Directorate. First visit on date of notification of elections, Second visit immediately after the date of withdrawal of candidature till the date of poll, Third visit on 25 th day of declaration of result. Account Reconciliation Meeting on 26 th day of result. To assist the DEO in finalizing the scrutiny & summary Report of DEO during his 3rd visit.

Asst. Expenditure Observers for each Constituency To monitor the expenditure of each candidate, to oversee the excerpts of Video CDs, all Complaints, study the Shadow Observation Register, folder of evidence and the Candidates’ Expenditure Registers, To report to Expenditure Observer relating to expenditure of each candidate, and prepare show cause notices in case of discrepancy,

Video surveillance team(VST), Video viewing teams(VVT)& accounting team Minimum One official, one videographer and one vehicle in each VST Properly trained to identify and capture MCC and expenditure related events in adequate minute details VST prepares a video cue-sheet in the format given at Annexure-7 of the instructions. In VVT-1 officer and 2 clerks (or as required) for each assembly segment, as viewing all CD’s is a time consuming task, Submit report containing candidate wise expenditure no later than next day to Accounting Team/ Asst. EO, on public rally including the vehicle numbers, number of chairs, size of dais, audio system, posters, banners, vehicle expense, media advertisements etc., Accounting team enters expenditure incurred by the candidate on major expenses and corresponding notified rates against each item( major public meetings/rallies) in the Shadow Observation Register, Video Surveillance Team (VST) 19

Video Surveillance Team for each constituency  It will take video shots of Election Expenditure including each vehicle, size of tents, furniture, dais, rostrums, barricades, posters, hoardings, arches etc.  It may interview a few drivers of vehicles, if parked at a distance from the meeting place.  It will submit Video Cue sheet, video clippings and identification number, on the same day to the Video viewing team. To the extent possible, it will also record the approximate number of vehicles/furniture etc.

Video Viewing Teams for each constituency  It will view each video taken by the Video Surveillance Team and prepare Report of Expenditure incurred by each candidate and will submit report of estimated expenditure along with folder of evidence and Cue sheet to the Accounting Team within 24 hrs  It will submit report regarding MCC violation to RO/General Observer.

Accounting Team for each constituency  Accounting Team will maintain shadow Observation Register and folder of evidence for such expenditure.  It will compile the reports received from Accounting Team, Media Surveillance team and enter in Shadow Observation register of each candidate on the same day and hand over to Micro observer for inspection

Print Media Local Newspapers Other newspapers in circulation in area Magazines Pamphlets & Posters Electronic Media Radio including Private FM TV channels, cable network Bulk SMS 23 MONITORING OF CAMPAIGN THROUGH:MCMC

Media Certifying and Monitoring Committee Dist. Level MCMC  Certifying advt. proposals of candidates,  Scanning media for suspected ‘paid news’ and examination of complaints, reference by EO.  RO to issue notice to candidate within 96 hrs.  Distt. Level MCMC to decide expeditiously within 48 hrs State Level MCMC to hear appeal

Based on the Hon’ble Supreme Court Order:- Para of the EEM Instructions (July, 2012) now reads as follows: “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.”,

Associating Income Tax Investigation Directorate: I. To keep vigil over movement of illicit cash during election process through airports, major railway stations, hotels, farm houses, financial brokers cash couriers, Pawn brokers and others. II. To watch on ostentatious expenditure during the election. III. To open a 24X7 Call centre to receive complaints from public. IV. To send report to the Commission, after verifying the assets and liabilities declared by the candidates during nomination. V. Income Tax Department is asked to keep watch over movement of large sum of cash in the state VI. To open Air Intelligence Unit in all airports leading to the state

Monitoring 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 be closely monitored, CCTVs to be installed at distilleries/ warehouses. 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 ).

Role of General Observer in Expenditure Monitoring Inputs from VSTs to be used for MCC cases Complaints received from public and candidates regarding distribution of cash liquor to be attended to promptly by informing Expenditure Teams and deploying flying squads Inputs from meeting with Political parties to be passed on to Expenditure observers/teams Last 72 hours- all observers must co- ordinate in controlling distribution of cash/liquor.

Role of Police Observer in Expenditure Monitoring Deployment of CPMF Personnel in FS/SST to be ensured Functioning of flying squad and SST to be monitored Co-ordination with other Intelligence agencies.

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