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| Govt calls for strict implementation of MCC | | | EARLY TIMES REPORT
JAMMU, Oct 20: With the announcement of elections to the Jammu & Kashmir State Legislative Assembly by the Election Commission of India (ECI), the State Government today issued instructions concurrent to the provisions of the Model Code of Conduct which have come into force with immediate effect for candidates, political parties, the State Government and the Union Government.
As per Circular instructions issued today by the General Administration Department for strict compliance, the Model Code of Conduct and all instructions issued by the ECI are to be strictly followed by all the concerned in the State. No official can take shelter under the pretext that he has not been apprised of the coming effect of the Model Code of Conduct for want of a separate communication in this regard. The Circular instructions further state that any such attempt by any official, which could lead to the circumventing of the provisions of the Model Code of Conduct, would be viewed very seriously by the ECI.
According to the Model Code of Conduct no fresh release of funds under the Member of Parliament (including Rajya Sabha Members) Local Area Development Fund shall be made in any part of the country where election is in progress. Similarly, 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 implementation of the election process. No work shall start in respect of which work orders have been issued before the issue of this letter but 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. The order further adds that there shall be no bar to the release of payments for completed work(s) subject to the full satisfaction of the concerned officials.
The ECI has drawn particular attention of all concerned to clause VII (vi) of Model Code of Conduct which, inter alia, states that from the time elections are announced by the Commission, Ministers and other authorities shall not announce any financial grants in any form or make promise thereof or (except Civil Servants) lay foundation stones etc. of projects or schemes of any kind. The Ministers and other authorities have also been barred from making any announcements with regard to promise of construction of roads, provision of drinking water facilities or make any ad hoc appointments in Government, Public Undertakings etc which may have the effect of influencing the voters in favour of the party in power.
The ECI has also directed that there shall be a total ban on the transfer of all officers/officials connected with the conduct of elections. These include but are not restricted to the Chief Electoral Officer and Additional/Joint/Deputy Chief Electoral Officers, Divisional Commissioners, District Election Officers, Returning Officers and other Revenue Officers connected with the conduct of Election, officers of the Police Department connected wit the management of Elections like range IGs and DIGs, Senior Superintendents of Police and Superintendents of Police, Sub Divisional Police Officers like Deputy Superintendents of Police and other Police Officers who are deputed to the Commission under Section 28 A of the Representation of People's Act, 1951.
The Circular instructions further state that transfer orders issued in respect of above categories of offices prior to the date of announcement but not implemented till date should not be given effect to without obtaining permission from the ECI. The ban on transfers shall be effective till the completion of elections. The guidelines also refrains the State Government from making transfers of senior officers who have a role in the management of elections in the State. However, in those cases where transfer of an officer is necessary on account of administrative exigencies, the State Government may with full justification, approach the Commission for prior clearance. These directions of ECI shall be implemented in letter and spirit, the order states, adding that where transfer of any officer/official is considered absolutely necessary in the public interest, a proposal shall be submitted by the concerned Administrative Department to the General Administration Department with full justification for obtaining approval of the Chief Secretary before these are forwarded to the Chief Electoral Officer for seeking clearance of the ECI. Likewise, if there is any arising problem in regard to a developmental program/project involving the release of additional funds, an urgent proposal would require to be sent by the concerned Administrative Secretary to the GAD for time-bound further action. The order further states that while ECI directions have to be complied strictly, any matter which requires urgent decision would have to be processed as per the aforementioned procedure moving through the Chief Secretary. |
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