List of documents regarding Model Code of Conduct
ENFORCEMENT OF MODEL CODE OF CONDUCT
Election Commission's letter No.437/6/98-PLN-II dated 15.09.1998 addressed to Chief
Secretary to the Government of 1. Madhya Pradesh, Bhopal, 2. Rajasthan, Jaipur, 3. Mizoram,
Aizawl, 4. NCTof Delhi and Copy endorsed to CEOs of 1. Madhya Pradesh, Bhopal,
2.Rajasthan, Jaipur, 3.Mizoram, Aizawl, 4. NCT of Delhi.
Subject: Preparations for election for electing new State Assemblies.
The tenure of the assembly in the State is expiring in December 1998; and
elections have to be held shortly. As you know, the Commission and the State Electoral
Officers are actively focusing on the arrangements, and meetings are being
continuously held at Delhi and at your State Headquarters, to finalise all
arrangements. The Election Commission of India, and the entire State election
machinery are, therefore, in active election mode.
The Election Commission of India and all political parties, desire a level playing
field, in order to ensure fair and free elections. The commission is expected very shortly, to
announce the detailed schedule for elections. Therefore, the Commission expects, and
strongly urges, that the State Governments, at this juncture, with a very short period left
for the formal start of the election process, will refrain from taking any major financial
and other initiatives, which can be widely perceived as distorting the level playing
field for all parties, particularly the opposition. The Commission is confident, that in the 4
years and nine months of its tenure, the State government has taken all beneficial
developmental steps, which it wished to, undertake. Any major announcements of this
nature now, with only a couple of months left at best, are bound to be misconstrued,
and not expected of any political party, in India's 5 decade old mature democracy.
The Commission would also advise against the creation of any new
administrative units or major 'academic institutions etc. In general the Commission
expects that nothing will be done by the incumbent ruling political party, which can be
seen as simply largesse for undesirable exertion of influence on voters.
The Commission further directs that as the Head of the Services in the State, you
will take due care and caution, to ensure, that the entire administrative apparatus in
the State, not only remains neutral, but is visibly seen to be so, by the general public
and all political parties.
Election Commission’s letter No. 437/6/16/2004, dated 09.03.2004 addressed to the
Secretary to the govt. of India. Ministry of Rural Development Department of Rural
Development, New Delhi-110001
Subject: - Model Code of Conduct.
I am directed to refer to your letter no. PS/JS (RL)/04-216 dated 24-2-2004 and
to state that after taking into consideration all relevant factors, the Commission has
- The work which has already been started on ground may be continued
- No fresh work shall be started till the completion of the elections and
- Tenders are not to be finalized during the period of elections.
Ministry of Rural
S. VIJAY KUMAR
New Delhi -
D.O. No. PS/JS(RC)/04-216 February 24, 2004.
SUBJECT: - Model Code of Conduct and continuation of programme activities
Please refer to the Ministry's D.O. letter No. 17015/1/2004-GC dated 13th
February, 2004 addressed to you. As you are aware the Pradhan Mantri Gram Sadak
Yojana (PMGSY) is a Centrally Sponsored Scheme for providing rural connectivity. Copy
of the PMGSY Guidelines is enclosed herewith. The main features include the following:
- The proposals for the road works are cleared by the State Level Standing
Committee headed by the Chief Secretary. Detailed Project Reports (DPRs) are
checked by independent State Technical Agencies such as IITs, RECs etc.
- Poposals of the State are considered by the Inter-Ministerial Empowered
Committee chaired by Secretary, Ministry of Rural Development and Adviser
(Transport), Planning Commission, representative of Ministry of Road Transport
& Highways and Director, CRRI, etc. are members of the Committee.
- After clearance, the works are put to open tender by the State Government
according to the Standard Bidding Document for PMGSY and works are to be
completed within a period of 9 months.
2. The stages of execution commencing with the clearance by the Ministry to the
Annual Proposals comprises:
- Issue of Notices Inviting Tenders, specifying date and time of closing of receipts f
bids and opening of tenders as per Standard Bidding Document provisions
- Finalisation on the basis of lowest qualifying bid and award of work
- Issue of Work Orders after Contract agreement.
- Re-tendering in case of inadequate response
Decisions for the purpose are taken at the level of the Programme
Implementation Unit (PIU) or the Executing Agency/Department as per pattern of the
3. Some State Governments have queried whether the PMGSY Scheme will be
affected by the Model Code of Conduct to be brought into force by the Election
commission of India. In this connection, it may be pointed out that the process of
election of the road works qualifying under the PMGSY criteria and preparation of DPRs
is a well regulated and time consuming process and proposals coming to the
Empowered Committee are accordingly those which have been put through a systematic
procedure starting many months earlier. The Empowered Committee is an official inter-
Ministerial Committee. The PMGSY is a regular Centrally Sponsored Programme and the
works have to be tendered and awarded in such a way that the earth work and Water
bound Macadam (WBM) needs to be completed before the end of the monsoon for
proper results. As an abundant precaution, the State Governments have been advised
not to refer any matters relating to tendering and award of works for decision of the
political executive, elected representative (if that was the practice) during the period of
the Model Code of Conduct.
Accordingly, the Election Commission may kindly confirm that execution of
annual PMGSY proposals of States cleared before coming into force of the Model Code of
Conduct may be continued as per the PMGSY Guidelines (subject to such conditions that
the Election Commission of India may like to lay down) so that the earth work and WBM
is completed before the end of the monsoon. Needless to add, there will be no
inaugurations, announcements, laying of foundation stones etc. by public
figures/individuals during the period that the Model Code of Conduct is in force.
(S. Vijay Kumar)
Shri A.N. Jha
Deputy Election Commissioner
Election Commission of India
Election Commissioner’s letter No. 437/6/16/2003/PLN-III, dated 01.04.2004
addressed to Smt. Asha Swarup, Joint Secretary (SGSY), Krishi Bhawan, New Delhi-110
Sub: Clarification regarding implementation of Rural Development Programmes.
I am directed to refer to the meeting you had in the Commission on 27th March,
2004 regarding implementation of various rural development programmes. In view of
the Model Code of Conduct in force till the completion of elections, the Commission has
directed the following: -
- Sampoorna Grameen Rozgar Yojana (SGRY): - Continuing works in
Progress under SGRY may be continued and funds earmarked for such
works can be released. In case of any Panchayat where all on going
works have been completed and there is a requirement for taking up
NEW wage employment works and where funds released directly to the
Panchayats from the Ministry of Rural Development are available, new
works can be started from approved annual action plan for 2003-04 with
the prior consent of the District Collector / District Election Officer. From
other funds, no new works should be started.
- Indira Awas Yojana (IAY): - Beneficiaries who have been sanctioned
housing scheme under IAY and have started work, will be assisted as per
norms. No new constructions will be taken up or fresh beneficiaries
sanctioned assistance till the elections are over.
- Swaranjayanti Gram Swarozgar Yojana (SGSY): - Under SGSY, only those
help groups which have received part of their subsidy / grant will be
provided the balance installments. No fresh individual beneficiaries or
SHGs will be given financial assistance till the elections are over.
Election Commission’s letter No. 464/INST/2007-PLN-I Dated: 07.01.07addressed to The
Chief Secretaries and the Chief Electoral Officers of all States and Union Territories.
Subject: CODE OF CONDUCT – DOs & ‘DONT’s
The Commission has issued various instructions on observance of code of conduct from
time to time. Important aspects of the code of conduct are reiterated below:
On Welfare schemes and governmental works:
- Announcement of new projects or programme or concessions or financial grants
in any form or promises thereof or laying of foundation stones, etc., which have
the effect of influencing the voters in favour of the party in power is prohibited.
- These restrictions apply equally to new schemes and also ongoing schemes. But
it does not mean that in the case of national, regional and State utility schemes,
which have already been brought up to the stage of completion, their utilization
or functioning in public interest should be stopped or delayed. The coming into
force of the Model Code of Conduct cannot be given as an excuse for not
commissioning such schemes or allowing them to remain idle. At the same time,
it should be ensured that the commissioning of such schemes is done by civil
authority and without associating political functionaries and without any fanfare
or ceremonies whatever, so that no impression is given or created that such
commissioning has been done with a view to influencing the electorate in favour
of the ruling party. If in doubt, a clarification should be obtained from Chief
Electoral Officer/Election Commission of India.
- It is further clarified that simply because a budget provision has been made for
any particular scheme or the scheme has been sanctioned earlier or a reference
to the scheme was made in the address of the Governor or the budget speech of
the Minister it does not automatically mean that such schemes can be
announced or inaugurated or otherwise taken up after the announcement of
elections while the Model Code of conduct is in operation, since they will clearly
be intended to influence the voters. Such actions if undertaken will be
considered a violation of the model code of conduct.
- No fresh sanctions for governmental schemes should be made. Review by
political executive (Ministers etc.) and processing of beneficiary oriented
schemes, even if ongoing, should be stopped till completion of elections. No
fresh release of funds on welfare schemes and works should be made or
contract for works awarded in any part of the state where election is in progress
without prior permission of the Commission. This includes works under the
Member of Parliament (including Rajya Sabha members) Local Area
Development fund or MLAs / MLCs Local Area Development Fund, if any such
scheme is in operation in the state.
- No work shall start in respect of which even if work orders have been issued
before the model code came into effect, if 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.
- There shall be no bar to the release of payments for completed work(s) subject
to the full satisfaction of the concerned officials.
- Commission does not refuse approval for schemes undertaken for tackling
emergencies or unforeseen calamities like providing relief to people suffering
from drought, floods, pestilences, other natural calamities or welfare measures
for the aged, infirm etc. In these matters, however, prior approval of the
Commission should be taken and all ostentatious functions should be strictly
avoided and no impression should be given or allowed to be created that such
welfare measures or relief and rehabilitation works are being undertaken by the
Government in office so as to influence the electors in favour of the party in
power which at the same time will adversely affect the prospects of the other
On Transfers and posting of officials:
The Commission directs that there shall be a total ban on the transfer of all
officers/officials connected with the conduct of the election. These include but are not
restricted to: -
- The Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers;
- Divisional Commissioners;
- The District Election Officers, Returning Officers, Assistant Returning Officers and
other Revenue Officers connected with the Conduct of Elections;
- Officers of the Police Department connected with the management of elections like
range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police,
Sub-divisional level Police Officers like Deputy Superintendents of Police and other
Police officers who are deputed to the Commission under section 28A of the
Representation of the People Act, 1951;
- Other officers drafted for election works like sector and zonal officers, Transport
cell, EVM cell, Poll material procurement & distribution cell, Training cell, Printing
Cell etc. Senior officers, who have a role in the management of election in the State,
are also covered by this direction.
- The transfer orders issued in respect of the above categories of officers prior to the
date of announcement but not implemented till the time when model code came into
effect should not be given effect to without obtaining specific permission from the
- This ban shall be effective till the completion of the election process.
- In those cases where transfer of an officer is considered necessary on account of
administrative exigencies, the State Government may, with full justification,
approach the Commission for prior clearance.
- No appointments or promotions in Government / Public Undertakings shall be
made during this period, without prior clearance of the Commission.
On Misuse of Official Machinery:
- Official vehicles cannot be used for electioneering work. ‘Official Vehicles' include all
vehicles belonging to
- Central and State Government,
- Public Undertakings of the Central and State Government,
- Joint Sector Undertakings of Central and State Government,
- Local Bodies, Municipal Corporations, Municipalities,
- Marketing Boards (by whatever name known),
- Cooperative Societies,
- Autonomous District Councils, or
- Any other body in which public funds, howsoever small a portion of the
total, are invested, and also
- Vehicles belonging to the Ministry of Defence and the Central Police
Organizations under the Ministry of Home Affairs and State Governments.
- It is open for a minister of the Union or State to make private visits using his or
her private vehicle(s). For such private visits, the official personal staff of the ministers
shall not accompany them. However, if a Minister is traveling in some emergent
situation, out of his HQ on purely official business, which cannot be avoided in public
interest, then a letter certifying to this effect should be sent from the Secretary
concerned of the Department to the Chief Secretary of the state where the Minister
intends to visit, with a copy to the Commission. During such tour, the Chief Secretary
may provide the Minister with Government vehicle and accommodation and other usual
courtesies for his official trip. However, immediately preceding or during or in continuation of such an official tour, no minister can carry out or combine any election
campaign or political activity. The Commission will keep watch on such arrangements in
due consultation with its Chief Electoral Officer.
- No Minister, whether of union or state, will summon any election related officer
of the constituency or the State, for any official discussions during the period of
elections commencing with the announcement of the elections. Only exception will be
when a Minister, in his capacity as in charge of the department concerned, or a Chief
Minister undertakes an official visit to a constituency, in connection with failure of law
and order or a natural calamity or any such emergency which requires personal
presence of such Ministers/Chief Ministers for the specific purpose of supervising
review/salvage/relief and such like purpose.
- Ministers are entitled to use their official vehicles only for commuting from their
official residence to their office for official work provided that such commuting is not
combined with any electioneering or any political activity.
- Ministers, whether of the Union or State, shall not combine in any manner their
official tours with election work.
- Whether on a private or official visit, no pilot car(s) or car(s) with beacon lights
of any colour or car(s) affixed with sirens of any kind shall be used by any political
functionary, even if the State administration has granted him a security cover requiring
presence of armed guards to accompany him on such visit. This is applicable whether
the vehicle is government owned or private owned.
- Any official who meets the Minister on his private visit to the constituency
where elections are being held shall be guilty of misconduct under the relevant service
rules; and if he happens to be an official mentioned in Section 129 (1) of the
Representation of People Act, 1951, he shall also be additionally considered to have
violated the statutory provisions of that Section and liable to penal action provided