To
The Chief Electoral Officers of all States & UTst
Subject: Clarification regarding expenditure incurred by leaders of political party (Star-Campaigners) --- -- under explanation 1 to section 77 (1) of R.P. Act, 1951----matter regarding.
Sir/Madam,
In supersession of the Commission's letter of even no dated 18th April, 2013, letter nos, 76/2009/ SDR, dated 31 March,2009 and 20th August, 2009 and para (iii) of letter No. 437/6/INST/2008, dated 31- 10-2008 and para 3 of letter No. 76/Instructions/2012/EEPS, dated 20-01-2012 (copies enclosed), on the subject cited, I am directed to clarify as under-
(a) If any attendant including security guard, medical attendant, or any other person including any member of the party, who is not a candidate in the constituency concerned, or any representative of the electronic or print media, travels with the leader (star-campaigner) of the political party in his vehicle/ aircraft/helicopter etc., then the travel expenses of such leader shall be wholly booked to the account of political party, provided that the said member of political party or media person or attendant sharing the transport with the leader (star campaigner) do not play any role in election campaign for any candidate in any manner. However, if any such person(s) sharing the transport with the leader plays any role in election campaign for the candidate(s) in any manner or if any candidate(s) travels with such leader in his vehicle/aircraft/helicopter, then 50% of the travel expenditure of the leader shall be apportioned to such candidate (s).
(b) The names of leaders of the political party (star campaigners), as defined in Explanation 2 of section 77 (1) of the R. P. Act. 1951 are to be communicated to the Election Commission of India and the Chief Electoral Officer of the State by the political party, within a period of seven days from the date of notification for such election and such leaders are entitled to the benefits provided under section 77 of the R. P. Act, 1951, from the date on which the list including his name is received by the Election Commission of India and by the Chief Electoral Officer of the State concerned.
(c) If the leader (star campaigner) is a part of any rally, organised outside his constituency, he is entitled to the exemption provided under Explanation 1 of section 77(1) of the R. P. Act, 1951 However, if the leader (star campaigner) is also contesting election in any constituency, then he is not entitled to any benefit u/s 77 of the said Act, for the travel expenses incurred within his own constituency and the expenses on meeting or rally organised by him in his constituency including the travel expenses are to be added to his account of election expenditure.
(d) If the rally /meeting is organised in the constituency of the leader (star campaigner), where the leader shares the dais with other contesting candidates, then the meeting expense is to be apportioned to the election expenditure of the leader and all such candidates. However, if he (star campaigner) is taking part in a rally/ meeting, along with other contesting candidates of his party outside his constituency, then the meeting expense shall be apportioned to the election expenditure of all such candidates, for whose election campaign, such rally/meeting is organised and no part of such rally/ meeting expense, organised outside his constituency shall be added to the election expense of the leader (star campaigner).
This may be brought to the notice of all concerned including all political parties in the state.
Yours faithfully,
Sd/-
(S. K. RUDOLA) SECRETARY
To
The Chief Electoral Officers
of all States/Union Territories
Subject General Election to the Lok Sabha, 2014-Expenditure on Security cover to Ministers/Candidates- Instructions regarding.
Ref.:
(i) Commission's letter No. 437/6/96-PLN-III dated 09.04.1996,
(ii) Commission's letter No. 437/6/2007/PLN III dated 24.10.2007;
(iii) Commission's letter No. 464/INST/2009/EPS dated 08.02.2009:
(iv) Commission's letter No. 437/INST/2009/CC&BE dated 25.03.2009.
Sir/Madam,
The Commission has in the past, issued various instructions from time to time regarding the accounting of the cost which will be incurred on the security to be provided to the Ministers/Star Campaigners/Candidates, as per their security entitlement.
2. The Commission has received a reference from the CEO. Uttarakhand seeking clarification as to whether the cost incurred on the security vehicle and guards will be paid by the candidates or by the State Goverment. For removing confusion and for convenience of all concerned, the issue relating to expenditure on security person/security vehicles are hereby collated and reiterated for observance during the period when the Model Code of Conduct is in force:
(i) Under the directives of the Government of India, the persons provided with Z+ (Z plus) security cover are permitted the use of State-owned one bullet proof vehicles for the particular person Such persons, whether they are holding office or out of it, and whether they are candidates or not. shall be permitted the use of the said State-owned bullet proof vehicles during the election period covered by the Model Code of Conduct. The use of multiple vehicles in the name of stand-by should not be permitted unless so specifically prescribed by security authorities in any particular case. The cost of propulsion of such vehicles should be borne by the person concerned when it is used for non-official purposes during such period.
(ii) In case of the visiting political functionaries, who are star campaigners' sponsored by political parties in pursuance of Explanation of the Section 77 of the R. P. Act, 1951, the expenditure in this regard, will be accounted for in the party's account. If the star campaigner is a candidate, the propulsion cost of vehicle in the constituency shall be accounted for in his election expenditure account.
(iii) If the party functionary enjoying the security facility is not a star campaigner, and he campaigns for the candidate, the cost of propulsion of the security vehicle, used for such campaign shall be added to the candidate's account.
(iv) The number of vehicles to accompany the carcade including pilots, escorts etc. will be strictly in accordance with the instructions laid down by the security authorities and shall not exceed them under any circumstances. The cost of propulsion of all such pilot/escorts vehicles, whether owned by Government or hired vehicles, will be met by the State Government. No recovery need be made also on the cost of the manpower provided.
3. These instructions may be brought to the notice of all concerned.
Yours faithfully,
Sd/-
(S. K. RUDOLA) SECRETARY
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