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Model Code of Conduct – IV

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Party/Parties in Power and Persons holding public offices

The Party/Parties in power whether in the Centre or in the State shall ensure that no cause is given for any complaint that it/they has/have used its/their official position for the purpose of its/their election campaign, and in particular:

(1)  Speaker, Deputy Speaker, Ministers, Ministers of State & Deputy Ministers, Govt. Chief Whip, Dy.Chief Whip and Leader of the Opposition, MPs and MLAs, President and Vice-President of Zilla Parishad, Chairperson/ Mayor and Vice-Chairperson / Deputy Mayor & persons holding public offices who are provided with official perquisites and transport, shall not combine their official visits  with electioneering work and shall not also make use of the official machinery or personnel or transport or Circuit House, Dak Bunglows including the Guest Houses of the Public Sector Enterprises either owned by the State Govt. or Central Govt. for election campaigning directly or indirectly. Also the Political functionaries appointed as Heads of different Public Sector Enterprises of State Govt. and of the cooperatives will not make use of the official machinery or personnel or transport or Circuit House, Dak Bunglows including the Guest Houses of the Public Sector Enterprises either owned by the State Govt. or Central Govt. or owned by the Cooperative Society or by any statutory body where Govt. have share for election campaigning directly or indirectly.

(2)  Whenever the dignitaries specified in Para(1) above decide to address election meeting(s) in any area for political work connected with electioneering, the journey to such places shall not be performed in Govt. transport or vehicles hired for official use or the vehicles of Public Sector Enterprises including Cooperative Enterprises or any statutory bodies.  The role of officials will be limited to maintenance of law and order and affording normal security to them.

(3)  Except for normal development works and programmes which have already commenced, relief and restoration works as a sequel to natural  calamities and emergent nature of works, expenditure for which have been voted by the State Legislature, will continue; no new schemes/ programmes/ works/projects of any kind shall be started or announced nor any financial concession be promised by Government or any official agency which would have the effect of  influencing, directly or indirectly, the voters in favour of the candidate(s) of the party in power.

No policy decision be taken or announced by the Govt. which will help the party / parties in power thereby to influence the voters.

Any project, either sanctioned in the budget of any department of Government or in the Urban Local Body for which work orders have already been issued prior to poll notification but work not started shall not be taken up during the period of enforcement of Code of Conduct.

In case of doubt, all concerned are advised to seek a clarification from the Commission.

(4)  No “Bhumi Puja”,. laying of foundation stones or inaugural ceremonies in respect of works/ projects/ programmes, funded partly or wholly by Government shall be undertaken by Ministers or any public dignitary in any Municipality.  Such functions and ceremonies, even if organised outside the limits of the Municipality are prohibited if such works/ projects/ programmes are intended for the benefit of the urban areas and to influence the urban voters.

(5)  Government accommodation, viz. Rest Houses, Inspection Bunglows, Circuit Houses or Guest Houses of Government undertakings ( Central or State) and the like, in Urban areas, shall not be provided to any Minister of the Central and State Government, Members of Parliament or Members of Legislative Assemblies or Leaders of all Political Parties or their candidates after announcement of Municipal election till its completion.

However, accommodation can be given to Political functionaries who are provided security of the State in “Z” scale or above or equivalent by various State Govts 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 Observers. Such Political functionaries shall not carry out any political activity while staying in the Govt. Guest Houses / Rest Houses or Guest Houses of Public Sector Undertakings as mentioned above.

(6) Even if there is no restriction on providing Govt. accommodation viz. Rest Houses, Inspection Bungalows, Circuit Houses or Guest Houses of Central or State Govt. undertakings, Zilla Parishad Guest Houses etc situated in rural areas to different political functionaries of the State during the period when the Code of Conduct is in force, such functionaries shall not carry out any Municipal Electioneering work while staying in the aforesaid Govt. accommodation.

(7)  No advertisement or publication at the cost of Central or State Government/Public undertakings/ Corporations / Co-operatives etc. highlighting achievements, which will have the effect of influencing the voters in elections shall be issued/published.

(8) Electronic and Print Media shall not be used by any Political Party to malign the images of the other Political Parties or candidates to avoid ill-feelings.

(9)  Persons holding offices in various Panchayati Raj Institutions, Urban Local Bodies, Corporations of State Govt. and Central Govt., Cooperative Societies shall not issue any advertisement requesting to vote for any candidate either in print or electronic media using their official designation. However, they can issue such advertisement on their personal capacity without using office logo or designation.

(10) The directions and restrictions contained in this Chapter shall also apply, mutatis mutandis, to Central and  State Ministers so far as these relate to them, to non-official Chairpersons and non-official Directors of Government Companies  and Corporations whether State or Central, Chairpersons and Vice-Chairpersons / Presidents and Vice- Presidents of Panchayati Raj Institutions and Municipalities, Mayors / Deputy Mayors of Corporations and Presidents of Co-operative Societies including Apex bodies and other Bodies and Authorities in which public funds are invested or to whom public funds are granted, notwithstanding the quantum of such funds.

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