ManualManual onon ModelModel CodeCode ofof ConductConduct (For the guidance of political parties and candidates) & other related guidelines March, 2019 Document 21 - Edition 1 “No voter to be left behind” Document 21 - Edition 1 Manual on Model Code of Conduct (For the guidance of political parties and candidates) & other related guidelines March, 2019 i “No voter to be left behind” iii “No voter to be left behind” v “No voter to be left behind” vii “No voter to be left behind” ix “No voter to be left behind” xi “No voter to be left behind” Amendments and Corrigenda Amendments Corrigenda S. No. Date Subject S. No. Date Subject xiii “No voter to be left behind” TABLE OF CONTENTS PAGE NO. GLOSSARY 1 CHAPTER 1. HISTORICAL BACKGROUND 7 CHAPTER 2. STATUS AND SCOPE OF MODEL CODE 11 2.1 Introduction 11 2.2 Status of Model Code 11 2.3 Provision of Enabling Laws 12 2.4 Scope of Supplementing Instructions 14 CHAPTER 3. ENFORCEMENT OF MODEL CODE 16 3.1 Introduction 16 3.2 Date of Enforcement 16 3.3 Duration of Application 17 3.4 Extent of Application 17 3.5 Who are Covered Under Model Code 17 3.6 Whether the Election Commission Can Take Action under 18 Model Code Before Announcement of Election 3.7 Applicability of Model Code in Cases of Premature Dissolution 18 of Legislative Assembly Followed by the Caretaker Government in Position Till the Formation of New Government After Fresh Election 3.8 Whether Election Related Campaign Activities Undertaken By 19 Persons Other Than Political Parties and Candidates Are Covered Under Model Code (Annexure- III) CHAPTER 4. SPECIAL MEASURES TAKEN BY ELECTION 22 COMMISSION TO ENFORCE MODEL CODE 4.1 Introduction 22 4.2 Standardization of Processing of Model Code References received 22 from Union Government and State Governments • Transfer/postings of election related government officials 22 • Enforcement of Model Code with announcement of 22 election xv “No voter to be left behind” • Direction to the Union Government 23 • Directions to State Governments 24 4.3 Advisory to Political Parties and Candidates 24 4.4 DOs and DON’Ts for Electioneering to be Followed by Political 26 Parties and Candidates CHAPTER 5. ANNOUNCEMENT OF NEW SCHEMES- 31 RESTRICTION ON FINANCIAL & ADMINISTRATIVE MATTERS 5.1 Introduction 31 5.2 Consolidated Guidelines 33 5.3 Presentation of Annual Budget 37 5.4 Announcement of Financial Grants/Concessions/Relief/ 38 Subsidy 5.5 Payment out of Discretionary Funds & MP/MLALADS 40 5.6 Permission to Regular Financial Matters of Statutory Requirement 41 5.7 Waiving Off of Recoveries and Bad Debts by State Government 42 Financial Institutions 5.8 Restriction on Ad Hoc Appointments 42 5.9 Instances of Restriction on Other Administrative Decisions 43 CHAPTER 6. PUBLICATION OF ADVERTISEMENTS AT COST 44 OF PUBLIC EXCHEQUER 6.1 Introduction 44 6.2 Supreme Court Guidelines 45 6.3 Consolidated Guidelines 47 6.4 Display of Advertisements and Hoardings at the Cost of Public 48 Exchequer 6.5 Publication of Advertisements in Non Poll Going States 49 6.6 Publication of Advertisements in Connection with Special 50 Occasions/Days 6.7 Continuation of Aadhaar Related Publicity in Various States 51 CHAPTER 7. TOURS/VISITS OF MINISTERS/OTHER 52 DIGNITARIES 7.1 Introduction 52 7.2 Consolidated Instructions 53 xvi “No voter to be left behind” • Official visit not to be combined with political/private visit 54 • Restriction on use of official vehicles 54 • No protocol by Government officials 55 • Meeting with Government officials 55 • Video Conferencing with Government officials 56 • Personal staff with Ministers, while on tour 56 • Accommodation in Government guest houses 57 7.3 Briefing of Chief Minister/Home Minister by Police Officers 57 CHAPTER 8. RESTRICTION ON ELECTIONEERING DURING 58 PERIOD OF 48 HOURS BEFORE CLOSE OF POLL 8.1 Introduction 58 8.2 Restriction on Presence of Political Functionaries in a 59 Constituency During the Last 48 Hours • Measures to Check 59 • Exemption from Restriction 60 8.3 Telecast of Election Matters During the Last 48 Hours 60 8.4 Whether Broadcasting of Election Related Matter over Radio 62 Could be done during Last 48 Hours 8.5 Advertisements in Print Media 62 8.6 Telecast of Feature Films (Other Than Commercial Advt.) of the 64 Actors Contesting Elections CHAPTER 9. DISPLAY OF PHOTO/MESSAGE ON OFFICIAL 65 WEBSITE/GOVT. BUILDINGS/ ADVERTISEMENTS 9.1 Introduction 65 9.2 Display of Photo/Message on Official Website 65 9.3 Display of Photo/Message in Government Buildings 66 9.4 Display of Photo/Message on Government Advertisements/ 66 Hoardings 9.5 Whether Names/Photographs can be Displayed on Mobile 66 Objects Funded under MP/MLA LAD 9.6 Display of Photos on Beneficiary Cards/Electric Bills/ 67 Construction Site Plaques etc xvii “No voter to be left behind” 9.7 Whether Images of National Leaders/Poets/Prominent 67 Personalities of the Past can be Displayed 9.8 Restrictions on Use of Photographs of Defence Personnel 68 CHAPTER 10. USE/REQUISITION OF VEHICLES 69 10.1 Introduction 69 10.2 Legal Provision on Requisition of Vehicles 69 10.3 Exemption from Requisition of Vehicles 69 10.4 Compensation for Requisitioned Vehicles 70 10.5 Consolidated Instructions 70 • Ban on use of Official Vehicles 70 • Restriction on convoy of vehicles 73 • Use of vehicles during filing of nominations 73 • Use of vehicles for electioneering purposes 73 • Use of vehicles on poll day 77 • Video-Vans 79 • Use of Bikes for Campaigning 81 • Regulation of Road Shows During Elections 82 • Use of Road Transport by Star Campaigners 83 10.6 Use of Official Vehicles by Speaker/Deputy Speaker or 83 functionaries of various boards/Commissions/PSUs 10.7 Bullet Proof Vehicles Provided for Security Reasons 84 CHAPTER 11. USE/REQUISITION OF HELICOPTERS/ 87 AIRCRAFTS 11.1 Introduction 87 11.2 Chartering of Aircrafts and Helicopters 87 11.3 Maintenance of Record of Non-Scheduled Flights 87 11.4 Maintenance of Proper Record by District Administration 88 11.5 Clarification Regarding Use of Private Fixed-Wing Aircraft and 88 Helicopters for Polling/Counting CHAPTER 12. USE OF GROUNDS/PUBLIC PROPERTIES 90 12.1 Introduction 90 12.2 Use of School/College Premises/Grounds 90 12.3 Restriction on Use of Public Properties for Political Advertisements 91 xviii “No voter to be left behind” 12.4 Restriction on Use of Buses Plying under State Transport 92 Authority for Political Advertisements CHAPTER 13. USE OF NATIONAL FLAG/PARTY FLAGS/PARTY 93 BANNERS 13.1 Use of National Flag 93 13.2 Use of Party Flags/Banners by Party Workers at their Residences 94 • Number of party flags to be displayed 94 13.3 Number and Size of Banners/Flags to be Displayed on Vehicles 95 13.4 Campaign Related Items 96 CHAPTER 14. USE OF LOUDSPEAKERS 97 14.1 Introduction 97 14.2 Consolidated Instructions 97 • Duration of use of loudspeakers during elections 98 • Permission to use loudspeakers a must 98 • Restriction on use of loudspeakers during the last 48 hours 99 • Sound must be within permissible limit 99 CHAPTER 15. PRINTING OF PAMPHLETS/POSTERS 100 15.1 Introduction 100 15.2 Surrogate Advertisements 101 15.3 Surrogate Advertisements continued 101 15.4 Action in case of Advertisements with Traceable Source 102 15.5 Hoardings/Flex Boards within Meaning of ‘Poster’ 102 CHAPTER 16. DEFACEMENT OF PUBLIC/PRIVATE PROPERTY 103 16.1 Introduction 103 16.2 Consolidated Instructions 104 • Defacement of Public Places 104 • Defacement of Private Places 105 • Defacement of Halls, Auditorium and Other Government 108 Owned Properties • Defacement of Vehicles 108 16.3 Timeline for Removal of Unauthorized Defacement 109 xix “No voter to be left behind” CHAPTER 17. BAN ON SALE OF LIQUOR 111 17.1 Introduction 111 17.2 Statutory Restriction 111 17.3 Election Commission Instructions 112 • Restriction during the last 48 hours and day of poll/repoll 112 • Restriction on day of counting 112 17.4 Additional Measure to Check Use of Liquor to Bribe Voters 112 CHAPTER 18. ELECTION MANIFESTOS 114 18.1 Introduction 114 18.2 Supreme Court Directives on Election Manifestos 114 18.3 The Election Commission’s Guidelines on Election Manifestos 115 18.4 Election Manifesto Not Legally Enforceable 117 CHAPTER 19. MODEL CODE AND GOVT. OFFICIALS 118 19.1 Introduction 118 19.2 Policy on Transfers/Postings 119 • Conditions of transfer 119 • Applicability of the policy 120 • Relaxation/Exemption 121 • Consultation with Chief Electoral Officer 122 • Transfer/posting of Officials involved in preparation of 123 Electoral Roll 19.3 Clarification on Transfers of Sub-Inspector of Police 123 19.4 Ban on Transfers of Officials Connected with Election 123 19.5 Briefing of Chief Minister/Home Minister by Police Officers 124 19.6 Video Conferencing Between Ministers and Government 125 Officials 19.7 Restrictions on Tours /Leave of the Officers Whose Spouses 126 are Active in Political Arena CHAPTER 20. MODEL CODE DURING BYE-ELECTIONS 127 20.1 Introduction 127 20.2 Applicability of Model Code 127 20.3 Tours of Ministers 128 xx “No voter to be left behind” 20.4 Announcement of New Schemes/Projects 129 20.5 Announcement of Dearness Allowance 130 20.6 Publication of Advertisements 130 20.7 Removal of References of Ministers from Official Websites 131 20.8 Restriction on Promises/Statements on Religious/Communal 131 Ground 20.9 Transfer/Posting of Government Officials 131 • Bye-election to the Assembly Constituency (ies) 132 • Bye-election to the Parliamentary Constituency (ies) 133 CHAPTER 21. MODEL CODE DURING BIENNIAL ELECTIONS 136 21.1 Introduction 136 21.2 Consolidated Instructions 137 • Restriction on visits of Ministers and announcement of 137 new schemes etc.