Election Expenditure Monitoring [EEM] Training - PowerPoint PPT Presentation

Loading...

PPT – Election Expenditure Monitoring [EEM] Training PowerPoint presentation | free to download - id: 70fe4a-MTU1N



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Election Expenditure Monitoring [EEM] Training

Description:

Title: State of preparedness for General Election to Bihar Legislative Assembly, 2010 Author: CEO_BIHAR Last modified by: ashish Created Date: 2/9/2010 12:15:17 PM – PowerPoint PPT presentation

Number of Views:605
Avg rating:3.0/5.0
Slides: 57
Provided by: CEO89
Learn more at: http://yamunanagar.nic.in
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Election Expenditure Monitoring [EEM] Training


1
  • Election Expenditure Monitoring EEM Training
  • Haryana Vidhan Sabha
  • Elections 2014

Master Trainer Sub-Divisional Magistrate,
Jagadhri
2
Use 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.

3
MONITORING 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

4
Nothing Official About it
Ceiling Limit for a candidate
Is there any Celing Limit for an Agent of
Candidate? So,.
5
  • Where election expenses (legal/illegal) come
    from?
  • Through cash donations from large, medium and
    small companies
  • Through 'cuts' from funds allocated to
    public-private partnership (PPP) projects, large
    civic works
  • Funds from business houses in locality
  • Various funds meant for public works and also
    from tender approvals
  • Transfers of officials

6
Where money goes?
  • Posters and banners
  • Wooing voters gifts like food, clothes, trips
    and individual benefits.
  • Rent-a-crowd price ranging from Rs 100 to Rs
    500.
  • Dummy candidates to cut into the rival's votes.
  • Commuting costs Provision of petrol and diesel
    for campaigners
  • Temporary offices On an average, Rs 10,000 to Rs
    15,000 a day
  • Full-time party workers Each candidate has at
    least 100-150 full-time party workers - paid
    daily ranging from Rs 200 to Rs 1,500.
  • Transport To ferry voters jeep/taxi costs from
    Rs 6,000 to Rs 10,000 a day for meetings/rallies.

7
legal provisions
  • The Representation of the Peoples Act, 1951
  • The Conduct of Elections Rules, 1961
  • Instructions of Commission
  • Indian Penal Code, 1860
  • Income Tax laws

8
Types of election expenditure
Election expenditure can be classified into two
types on the basis of legal provisions
Illegal expenditure Distribution of money,
Gifts, liquor or any other item among electors
with the purpose of influencing them
Expenditure permissible under the law public
meetings, posters, banners, vehicle etc.
Ceiling for Expenditure See rule 90 of the CE
Rules, 1961
Such type of expenditure of election expenses of
the candidate is stopped
8
9
major legal provisions related to election
expenditure monitoring
RP ACT, 1951
Learning Module of RO/ARO
9
10
MAJOR LEGAL PROVISIONS RELATED TO EEM
Conduct of Election Rules, 1961
10
11
the legal provisions related to election
expenditure monitoring
RP ACT, 1951
11
12
(No Transcript)
13



Provisions of the Indian
Penal Code, 1860
13
14
  • 1. Cash in envelopes in morning newspapers pushed
    beneath the door of the voter.
  • 2. Inside Morning Milk pouch, along with cash in
    an envelope to the voter.
  • 3. Through Self Help Groups (SHG) for onward
    distribution among women voters.
  • 4. Through pawnbrokers by reimbursing the short
    term loan taken by voters, 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 voters.
  • 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.

15
  • 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.

16
  • 21. Cash transferred through RTGS route of banks
    to the a/cs.
  • 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.

17
  • 31. 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.

18
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

19
(No Transcript)
20
MEETING 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.

21
Notification of rates for assessment of
Expenditure
  1. The list of these rates would be given by the RO
    to the candidates at the time of filing of
    nomination papers,
  2. 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,
  3. Any objection regarding the quantum of such
    rates has to be made to the DEO within 24 hours
    of notification,
  4. To obtain airing charges from media houses with
    reference to campaigning through electronic
    media.

22
RATES OF ITEMS TO BE FIXED AFTER CONSULATATION
WITH POLITICAL PARTIES
Learning Module of RO/ARO
22
23
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/perso
    nnel 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.

24
NEW 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)
  • Accounting Team
  • Media Certification and Monitoring Committee
    (MCMC)
  • District Expenditure Monitoring Committee (DEMC)-
  • Liquor monitoring Team

25
DEO
Expenditure Observer
Expenditure Monitoring Cell
R.O.
AEO
MCMC (Dist./ State Level) DEMC
Expenditure monitoring control room
24x7 Call Centre
Accounting Team (SOR / FE )
SST Check post monitoring teams
VVT
F S- complaints of cash transactions /freebies
VST
Illegal Expenditure.
Public meeting/Rally
26
EXPENDITURE OBSERVER (EO)
  • To be appointed by the Commission.
  • EOs 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

27
Structure 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

28
EXPENDITURE MONITORING CELL (EMC)
  • This cell at district level will consist of a
    Nodal Officer on behalf of DEO, of the rank of
    SDM/ADM and two officials, who will be in charge
    of Expenditure monitoring training and
    coordination with all other team heads engaged in
    expenditure monitoring,
  • It will be responsible for expenditure monitoring
    efforts in the district, providing manpower and
    logistical support like space and equipments,
  • First training of the Asstt. Expenditure
    Observers (AEOs) and all the officials engaged
    in various teams should be done by these Nodal
    Officers of Expenditure Monitoring Cell in the
    District as soon as the elections are announced,

29
Video surveillance team
29
30
Video viewing team
30
31
Accounting team
31
32
MONITORING OF CAMPAIGN THROUGH MEDIAMCMC
32
33
District level Mcmc To operate 24x7
33
34
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.

35
PREVENTIVE MEASURES FLYING SQUADS
35
36
Flying squads
36
37
Static Surveillance Teams (SST)
  • There shall be two or more Static Surveillance
    Teams in each AC with one magistrate, 3-4 Police
    personnel and one videographer.
  • They will be responsible for putting the check
    post on major road/arterial road 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. The Flying Squad of the district
    will supervise the posting of the Static
    Team/Check Post so as to avoid any harassment of
    public.

38
STATIC 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.

39
REGISTRES MAINTAINED BY CANDIDATES TO
BE CHECKED DURING INSPECTIONS
  • Register for maintenance of day to day a/cs 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)

40
District 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

41
ASSISTANT EXPENDITURE OBSERVER
  • One Asst. Expenditure Observer (AEO) for each
    Assembly segment
  • AEOs should be from Income Tax, Central Excise,
    Audit and Accounts or Central PSUs - of the rank
    Group B Central Govt. Officers.
  • 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.

42
STAR CAMPAIGNERS
  • All Passengers going by private aircrafts and
    helicopters will be frisked both in airports and
    airstrips
  • The candidate or Party shall inform about the
    travel plan of the aircraft or 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 incase hiring charges borne by it.

43
Star Campaigner
  • List of Star campaigners to be submitted to CEO
    or the Commission within 7 days of the
    notification
  • Travel expense of star campaigners of allied
    party are not exempt
  • If the Star campaigner travels with candidate or
    media person, then 50 of the travel expense will
    be added to the candidate
  • If the 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, Medical
    attendant or any person including any member of
    the party not being a candidate in the
    constituency and not playing any role in election
    campaign for the candidate

44
Public 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 alongwith
    expenditure plan for obtaining due permission
  • This is necessary for maintenance of law and
    order and proper video recording of events.

45
Rally 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

46
Printing 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 publishers 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
  • (copy of the printed material and declaration
    from the publisher to be sent by the printer to
    CEO or DEO)

47
Monitoring 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

48
Affidavit 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. Actual value and cost of addition to
    Immovable assets along with Market
    value,
  • II. Bank Deposits and Shares,
  • III. Actual liabilities including Govt.
    dues and disputed liabilities
  • IV. PAN of self, spouse and children and
    Income Tax paid as per last return,
  • V. Cases pending and Conviction Orders
    obtained
  • Affidavit are to be scanned and uploaded to web
    site of CEO within 24 hrs of receiving.
  • .

49
(No Transcript)
50
AFFIDAVITS OF ASSETS AND LIABILITIES etc.
  • The DEO/RO must get a scanned copy of such
    affidavits filed by the candidates uploaded on
    the website preferably within 24 hrs. of receipt.

51
DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC)
51
52
DISTRICT EXPENDITURE MONITORING COMMITTEE
(DEMC)
  • Where no reply is submitted by candidate / his
    election agent within 48 hours of receipt of the
    notice, then suppressed amount shall be treated
    as final and shall be added to his election
    expenses.
  • If candidate / his election agent disputes the
    suppressed expenditure, he shall submit the
    reply mentioning the reasons for disagreement and
    the same shall be forwarded to the District
    Expenditure Monitoring Committee (DEMC)
    consisting of the following
  • (a)Expenditure Observer in charge of the
    Constituency
  • (b)DEO
  • (c) Dy. DEO/Officer in charge of Expenditure
    Monitoring of the District.
  • The DEMC shall decide the case after examining
    the evidence mentioned in the notice and reply of
    the candidate, preferably within 72 hours from
    the date of receipt of the reply from the
    candidate, whether such suppressed expenditure
    shall be added or not
  • After the order by DEMC, the DEO may consider to
    include such expenses in the account of such
    candidate while sending the scrutiny report of
    the candidate to the Commission after election.

53
DISTRICT EXPENDITURE MONITORING COMMITTEE (DEMC)
  • If any item of expenditure authorized/ incurred
    by the candidate / his agent after the last date
    of inspection of his account is not shown
    correctly in his account submitted within 30 days
    of declaration of result, as recorded in the
    Shadow Observation Register, a notice is issued/
    served on the candidate/ his agent by DEO within
    24 hours. The candidate shall submit his reply to
    DEO within 48 hours of the receipt of such notice
    explaining his position.
  • If candidate does not submit any reply on the
    suppressed amount of election expense or
    disagrees with such suppressed amount, the DEO,
    in consultation with the Expenditure Observer,
    shall decide the case after considering such
    reply and intimate his decision to the
    candidate/agent and also mention the same in his
    scrutiny report submitted to the Commission. The
    notice, the reply by the candidate to the notice
    and decision of the DEO shall be displayed on the
    Notice Board.
  • If candidate does not file his statement 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
    send the report to the Commission mentioning such
    default with his recommendation.

54
SOP Checking of Helicopters/ Aircraft
  • The Bureau of Civil Aviation Authority
    Instruction vide its OM dt. 14.02.12
  • During election process proper frisking and
    preembarkation, checking of all persons,
    screening/ phy. Checking of baggage to be done,
  • CISF to inform the Income Tax dept. if cash above
    10lacs/ bullion is detected in poll bound states,
  • No prior permission for landing/ takeoff at
    commercial airports from DEO. But ATC to keep
    records of all such pvt. Aircrafts/ helicopters
    and make available such info. To the CEO within 3
    days of landing or takeoff. The CEO to share this
    info. With EO for accounting purpose.

55
SOP Checking of Helicopters/ Aircraft
  • For airstrips not used for commercial purposes
    applications to be made to the DEO concerned 24
    hrs in advance by candidate or pol. Party,
  • Every candidate shall inform the RO concerned in
    writing, regarding the details of expenditure
    incurred on hiring such crafts and name of pol.
    Party if party has borne the expenses
  • Pol. Parties to inform the ECI in 75 days (for
    AC) and in 90 days ( for PC) after completion of
    poll, details of expenses borne on such hiring of
    crafts.

56
Role 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,
About PowerShow.com