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State Election Commission

GOA STATE ELECTION COMMISSION
ALTINHO, PANAJI-GOA


N O T I F I C A T I O N
No.3/10/99-SEC
dated 13/04/2012

Whereas the State Election commission, vide it’s Notification No.3/10/99-SEC dated 25th August, 1999 published in the Official Gazette No.23, Series I dated 2nd September, 1999 had prescribed a Code of Conduct for ensuring free, fair, smooth and peaceful elections to the Panchayats at all levels and Municipalities.
And whereas vide Notification No.3/10/99-SEC dated 7th December, 2001 another Order had been issued in addition to the existing Code of Conduct referred to in para 1 above.
And whereas the State Election Commission is of the opinion that a further clarification in the form of Do’s and Don’t’s is required to be issued for better implementation of the Code of Conduct.
Now, therefore the State Election Commissioner in exercise of the powers vested in it under Articles 243K and 243ZA of the Constitution of India, read with Section 237 of the Goa Panchayat Raj Act, 1994 and Section 10A of the Goa Municipalities Act, 1968 and Section 11 of the City of Panaji Corporation Act, 2002 do hereby issues the following Order which is an addition to the existing Code of Conduct referred to in para 1 and 2 above.


O R D E R

The General Elections, 2012 to 185 Village Panchayats in the State of Goa are scheduled to be held in mid-May, 2012.

The Code of Conduct for elections to Panchayats and Municipalities in the State of Goa has been notified vide Notification No.3/10/99-SEC dated 25/08/1999 published in Official Gazette No.23, Series I dated 02/09/1999. The Code of Conduct shall come into force from the date of announcement of schedule relating to Panchayat and Municipalities.

In this connection with reference to ensuing Panchayat Elections, the attention of all Heads of Departments/Heads of Offices is hereby invited to important aspects of the Code of Conduct which are reproduced hereinbelow in the form of DO’s and DONT’s –

 

1. Government & other Instrumentalities of the State -

(i) Transfers of Government Officers –
(a) Officials such as Chief Officers, Collectors, Additional Collector, Director of Panchayat, Dy.Collector, BDOs, Mamlatdars, Panchayats Secretaries and such employees connected with or associated with the work of making preparations for and the conduct of the Panchayat Elections and bye-elections.

(b) Police Officers of all levels in the area where elections are being held should “not be ordered to be transferred from the date of announcement of election programme until the date of completion of the election”.

(ii) Officers about whom complaints are received from any contesting candidates reflecting partisan attitude or behaviour will be dissociated with the election work by the Commission and inquiry will be conducted about their conduct and suitable penal action will be taken.

(iii) Concerned authorities to launch prosecution against person who contravene the provisions of laws and Rules particularly in respect of the Goa Prevention of Defacement of Property Act; Indian Penal Code; rules Governing conduct of meetings, morchas, processions, etc.; rules governing use of loudspeakers, etc. Concerned authorities should note that the use of loudspeaker is permitted only between 8.30 a.m. to 10.00 p.m.

(iv) Excise Department -
(a) to enforce ban the sale of liquor and intoxicants before the day of the poll, on the day of poll and also on the day of counting of votes.
(b) Selling or serving of liquor on the aforesaid days in any liquor shops, hotels, restaurants, clubs, star hotels and other establishments not to be permitted.
(c) Storage of liquor in unlicensed premises to be rigorously checked.
(d) Steps to be taken to avoid movement of liquor from the adjoining areas to the area where the sale or serving is prohibited.
(e) The Excise Department should declare and notify as dry days as per Rules in force, including ban on carrying of liquor by individuals and groups even in smaller quantities.

 


2. On Welfare Schemes and sanction of grants -
(i) The Government should not declare new programme, new scheme, new benefit or initiate new public works of any nature in the area where election process is announced.
(ii) Once the Code of Conduct comes into force, no fresh announcement of Government schemes for giving any benefit to the voters of the Village Panchayats/Municipalities as the case may be and to Village Panchayat’s or Municipalities where election is being held should be made.
(iii) After commencement of Code of Conduct, no new work shall start in the Village Panchayat area or Municipal area in respect of which even if work orders have been issued before the Code of Conduct came into force, if the said 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 before Code of Conduct comes into force, then it can continue.
(iv) There shall be no bar for the release of payments for completed work/works subject to the full satisfaction of the concerned officials.
(v) Work which forms a part of the larger State-wide scheme or National Scheme even though passing through the concerned Village Panchayat or Municipality which are going for polls will be permitted e.g. repair and laying of roads/highways, water pipelines, electricity lines, sewerage schemes, etc.

(vi) The Commission does not refuse approval for schemes/works undertaken for tackling emergencies or unforeseen calamities, natural calamities, etc. In these matters however, prior approval of the Commission should be taken and functions should be strictly avoided and no impression should be given or allowed to be created that such welfare measures or works are being undertaken by the Government/Zilla Panchayat/Village Panchayat/Municipality as the case may be, to influence the voters.

3. Misuse of official machinery -
(i) Official vehicles belonging to the Government, public sector undertakings, local bodies, co-operative Societies or any other body where public funds have been invested, shall not be allowed to be used for election work by candidates or for any candidates.
(ii) It will be open for official functionaries of the Government including Minister’s, M.L.A’s, to make private visits using their own private vehicles. However, for such visits, the functionaries should avoid taking their personal staff alongwith them.

 

4. On new recruitment and appointments -
(i) Once the Code of Conduct comes into force, no recruitments/new appointments to any posts in the Village Panchayats or Zilla Panchayats or Municipalities,, as the case may be shall be made till the completion of the Village Panchayat or Zilla Panchayat or Municipality election process.
(ii) Recruitments already made before the Code of Conduct will not be covered under the Code.
(iii) The posts which are essential where time bound recruitment is in public interest like recruitment in Goa Medical College, Goa Engineering College, College of Architecture, College of Pharmacy or any other class of posts, if so determined by the Commission, will be allowed to be filled with prior approval of the Commission.

5. No functionary of the Government including Minister’s or M.L.A.’s, Zilla Panchayat members and Village Panchayat members or Councillors of Municipalities or Corporation of the City of Panaji will summon any election related Officer for any election work where elections are being held, for discussing any matters pertaining to elections. However, the Minister’s may call such Officers for discussing official matters only in their capacity as incharge of the Department concerned.

6. On General Issues -
(i) Ongoing schemes which actually started in the field before commencement of the Code of Conduct may continue.
(ii) Provision of medical facilities to terminally/critically ill persons may be given.
(iii) Public places and open spaces must be made available impartially to all candidates for holding electioneering meetings.
(iv) It may be ensured by the concerned Authorities of the area that right of every individual for peaceful and undisturbed home life is safeguarded.
(v) The local Police/Magisterial Authorities should be informed of the date, venue and time of the proposed meetings of various candidates including use of loud speakers, if any.
(vi) The time of starting any processions and the route of the same may be brought to the notice of the Police/Magistrate in advance and permission obtained.
(vii) Any complaint regarding conduct of the elections should be brought to the notice of the Returning Officer/Observer appointed by the Commission.
(viii) Orders of the Returning Officer and the Observer in the field shall be obeyed in all matters relating to conduct of elections.
(ix) No advertisements should be brought out from public exchequer regarding any of the achievements of any candidate or political functionary.
(x) No inducement, financial or otherwise shall be allowed to be offered to the voters.
(xi) Caste and communal feelings of the electors shall not be allowed to be appealed to.


(xii) Temples, mosques, churches, etc. or any other places of worship will not be allowed to be used for election propaganda of any kind.
(xiii) Activities which are corrupt practices or electoral offences such as bribery, intimidation of voters, impersonation, canvassing within 100 metres of polling stations, holding of public meetings within 48 hours ending with the starting of the actual polling and conveyance of the voters by the candidates to and fro from the polling stations are totally prohibited.

All the Heads of Departments/Heads of Offices, Election related officials are required to strictly implement above provisions once the schedule relating to Village Panchayat Elections or Municipality elections are announced. This is for strict compliance and in case of violation of the Code of Conduct, the concerned official shall be personally held liable and shall be subjected to disciplinary action as deemed fit.

Attention of all concerned is drawn to official Circular issued by Joint Secretary (Personnel) vide no.13/5/2011-Per dated 28/09/2011 (Annexure A).

In case of any doubt, the clarification/approval of the State Election Commission should be obtained by writing to the Secretary, State Election Commission. Such clarification and approval shall normally be given latest within 48 to 72 hours.

Dr.M.Modassir, IAS (Retd.)
State Election Commissioner
Goa State


To
All Heads of Departments/Heads of Offices.

Where the mind is without fear and the head is held high; Where knowledge is free; Where the world has not been broken up into fragments by narrow domestic walls; Where words come out from the depth of truth; Where tireless striving stretches its arms towards perfection; Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit; Where the mind is led forward by thee into ever-widening thought and action; Into that heaven of freedom, my Father, let my country awake.
                                                                                                                                                                                                                                               -Rabindranath Tagore

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