GENERAL ADMINISTRATION DEPARTMENT

(ranhMr;aar sdm)
Clvll semttaht Jammu
ELECTION
MOST URGENT
OM No.GAD(Adm)39/2014-I
Dated: 05.03.2014
Subject:- Application of the Model Code of Conduct- various instructions issued
by the Election Commission of India.
The undersigned is directed to enclose two communications
bearing No. 4376/1/2014-CC&BE dated Sm March, 2014 received from the
Election Commlssion of Indla through the Chief Electoral Officer, J&K
regarding the observance of Model Code of Conduct, for information and strict
compliance by all the concerned.
<.0%"l
( m k n n a f
Deputy Secretary to Government
General Administration Department
All Finanaal Commissioners/
Principal Secretaries to Government/
Commissioner/Secretaries to Government,
Copy alongwith enclosures also to the:-
1. Director General of Police, J&K.
2. Chief Electoral Officer, J&K.
3. Divisional Commlaloner, Jammu/Kashmir.
4. All Deputy Commissioners.
5. Secretary, J&K Legislative Assembly/Council.
6. OSDs/Spedal Assistants/Private Secretaries to all Hon'ble Ministers with the
request to bring the above instructions to the kind notice of Hon'bie Ministers
for compliance.
7. PPS to Chief Secretary.
b SnL MlsscnserBDerd Pint
ELECTION COMMISSION OF INDIA
NIRVACHAN SADAN. ASHOKA ROAD. NEW DELHI-110001
1. The Cablnet Secretary,
Government of India.
RashtrapaU Bhawan,
New Delhi.
2. The ChlefSemebrles to t he Governments of
all States and Unlon Tenlmdes
3. The Chief Blectorrl Omcers of :-
all States and Union Territories
sub: Application of Model Code of Conduct - General Electlon h, Lok Sabha - 2014 and
slmultaneow elections to Sate Legtslative Assemblies In the States of Andhra
-,
Padesh, Odlsha and Sikklm and certain bye-elections- reg.
Sir,
I am directed to seate that the Commisslon has announced the schedule for holding
General Elections to Lok Sabha and to the Legislative Assemblies of the States of Andhra
Pradesh, Orlssa and SkkIm Including certain byeslectlons to the Legislative Assemblies
of some States (Press Note No. ECI/PN/10/2014, dated Sb March 2014 available at
Commission's web-site - -.ed.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 and will be
in force Ull the completion of the General Elections Thls may be brought to the notice of the
Central / State Covernments, all Ministries/Departments and all other omces of the ,Union
Government and the State Government of the State.
3. Your particular attention is drawn t o the provlsions of Model Code of Conduct for the
guidance of Political Parties and Candidates and various Instructions issued by the
Commission, whlch, 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
i t s official position for the purposes of its election campaign and in particular:-
(i)
(a) The Ministers shall not combine their officlal visit with electioneering work and
shall not also make use of official machinery or personnel during the electioneering
work;
@) Government transport including ofRcial ai r-crab, vehicles, machinery and
personnel shall not be used for hrtherance of the interest of the party i n power;
(ii)
Public places such as maidans etc, for holding election meetings, and use of helipads for
air-flights in connection with electtom shall not be monopolised by itself. Other parties and
candidates shall be allowed the use of such places and bcillties on the same terms and
conditions on which they are used by the party in power;
(ill]
Rest houses, dak bungalows or other Government accommodation where elections have
been announced or are taldng place can be given t o the political functionaries who are
provided securlty 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 electton
related officials or Observers. Such polltical 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
medla and the misuse of official mass media during the election perlod for partisan coverage of
political news and publlclty regardlng achievements with a view t o furthering the prospects of
the party in power shall be scrupulously avoided;
(v)
Ministers and other authorlties shall not s andon grants/payments out of discretionary
funds from the time elections are announced by the Commission; and
(vi) From the time elections are announced by Commisslon. 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
(dl make any ad-hoc appointments in Government, Public Undertakings etc. which may
have the eflect of Influencing the voters in favour of the party in power.
4. As will be observed from Para 3{Clause 1V) above, no advertisemenk shall be issued In
electronlc and print media highlighting the achievements of the GO- at the cost of public
exchequer. If any advertisement has already been released for telecast/broadcast or
publication in the prlnt media, it must be ensured that the telecastfiroadcast of such ads on
electronic media is stopped forthwith and that no such ad Is published in any newspapers,
magazines, etc, i.e. in prlnt media. h m today Itself and It should be Immediately withdrawn.
5. The instruction of the Commission contained in Its letter No.437/6/2009-CCBE dated
5 6 March, 2009 is available on the Commlsslon's web-site 'http://ecl.nicin/ under the heading
'Election Laws and ECI - Instructions' for your Information and necessary action.
6 The Commlsslon directs that there shall be a total ban on the transfer of all
oRlcers/officials connected with the conduct of the election. These include but are not
restricted to: -
I)
The Chlef Electoral Officer and Addltional/Jolnt/Deputy Chlef Electoral Otlicers:
It) Dlvlsional Commissioners;
ill) The Dlstrlct Election Offtcers, Returning ORicen, Assistant Returnlng Officers and
other Revenue Otlicers connected with the Conduct of Election;
1 ) Otlicers of the Police Department connected with the management of election Hke
range IGs and DIGS. Senior Superlntendents of PolIce and Superintendents of Police,
Sub-Divisional Police Officers like Deputy Superintendents of Police and other
Pollce oficers who are deputed to the Commission under sealon 28A of the
Representation of the People Act. 1951;
v)
The transfer orderr issued in respectof the above categories of offlcers prior to the
date of announcement but not implemented tlll date should not be given effect to
without obtainlng spedfic permlsslon 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 horn making transfers of
senior officers who have a role in the management of election In the State;
vi9 In those cases where transfer of an officer Is nece- on account of adminisrntive
exigencies, the concerned State Government may with full justiflation approach the
Commission for prior clearance..
7. The receipt of the letter may kindly be acknowledged.
Yours faithfully,
(u AIAY ~ UMAR)
PRINCIPAL SBCRFFARY
Bv Fsrl S~l . MesseaeertSoeed Post
ELECTION COMMISSION OF INDIA
No. 437/6/1/2019CC(PBE
Dated: 5* March, 2014
1. The Ceblnet Secretary,
Government of India,
Rashtrapatl Bhawan,
New Delhl.
2. The Secretary to t he Government of ladla.
Department of Programme Implementation.
Sardar Patel Bhawan,
New Delhi.
3. The Chief Secretaries to the Governments of :-
all States and Union Territories.
4. The Chlef Electoral Otiicerr of :-
all States and Union Territories.
Subject:
l
r,
1
< 5 -
I am directed to refer to the Commission's Press Note No. ECI/PN/10/2014,
dated 5h March, 2014 (Press Note available at Comm~ss~on's web-site -
www.ed.gov.ln) as per which the Commission has announced the enforcement of the
Model Code of Conduct for the guidance of the Political Parties and Candidates,
'
consequent on the announcement of General Electlon to Lok Sabha and to the
Leglslatlve Assemblies of the States of Andhra Pradesh, Odisha and Sikklm Including
certain bye-elections.
2. The Commission has considered the release of funds under the Member of
Parliament Local Area Development Schemes and has decided that-
a) No fresh release of funds under the Member of Parllament (including Rajya
Sabha members) Local Area Development fund shall be made in any part of
the country where election is in progress. Slmllarly no fresh release of
funds under the MLAs'/ MLCs' Local Area Development Fund shall be made,
if any such scheme Is in operation, till the completion of election process.
b) No work shall start in respect of which work orders have been issued before
the issue of this letter the work has actually not started in the field.
These works can start only after the completion of election process.
However, if a work has actually started, that can continue.
c) There shall be no bar to the release of payments for completed work(s)
subject to the full s a t l ~ f a ~ o n of the concerned ofilcials.
Yours faithfully.
(K AJAY KUMAR)
PRINCIPAL SECRETARY