jkti=] fgekpy izns'k
fgekpy izns'k jkT; 'kklu }kjk izdkf'kr
f”keyk] lkseokj 16 vizSy] 2012@27 pS=] 1934
fgekpy izns'k ljdkj
ADVOCATE GENERAL, DEPARTMENT
NOTIFICATION
Shimla, 10th April, 2012
No. 3-1/78-IV.—Ex post facto sanction is hereby accorded to the grant of 20(40) days
Medical Leave on commuted basis with effect from 12th to 31st March, 2012 in favour of Shri
D.M. Kaushal, Superintendent Grade-I of this department with permission to avail prefix/suffix
Second Saturday and Sunday which fell on 10th 11th March and Ist April, 2012.
Certified that Shri D.M.Kaushal, Superintendent Grade-I would have continued to officiate
but for his proceeding on 20(40) day Medical Leave on commuted basis and this period of leave
will count for annual increment.
Sd/-
Advocate General
Himachal Pradesh.
12&jkti=@2012&16&4&2012
¼441½
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ADVOCATE GENERAL, DEPARTMENT
NOTIFICATION
Shimla, 10th April, 2012
No. 1-18/2008.—Sanction is hereby accorded to the grant of 5 days Earned Leave with
effect from 9th to 13th April,2012 in favour of Shri Rajesh Mandhotra, Deputy Advocate General
of this department with permission to avail prefix/suffix Sundays and Second Saturday falling on
8th, 14th and 15th April, 2012.
Certified that Shri Rajesh Mandhotra, Deputy Advocate General would have continued to
officiate but for his proceeding on 5 days Earned Leave and this period of leave will count for
continuation of his service.
Certified that said Shri Rajesh Mandhotra, Deputy Advocate General is likely on the expiry
of leave to return for duty to the station from where he proceeds on leave.
Sd/-
Advocate General
Himachal Pradesh.
_________
ADVOCATE GENERAL, DEPARTMENT
NOTIFICATION
Shimla, 10th April, 2012
No. 1-4/2009.—Sanction is hereby accorded to the grant of 7 days Earned Leave with effect
from 7th to 13th April, 2012 in favour of Shri Jagdip Singh Rana, Assistant Advocate General of
this department with permission to avail prefix/suffix Gazetted Holiday, Second Saturday and
Sunday falling on 6th, 14th and 15th April, 2012.
Certified that Shri Jagdip Singh Rana, Assistant Advocate General would have continued to
officiate but for his proceeding on 7 days Earned Leave and this period of leave will count for
annual increment.
Certified that said Shri Jagdip Singh Rana, Assistant Advocate General is likely on the
expiry of leave to return for duty to the station from where he proceeds on leave.
Sd/-
Advocate General
Himachal Pradesh.
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ADVOCATE GENERAL, DEPARTMENT
NOTIFICATION
Shimla, 10th April, 2012
No. 1-10/2008.—Ex post facto sanction is hereby accorded to the grant of 25(50) days
Medical Leave on commuted basis with effect from 3rd to 27th March, 2012 in favour of Shri
Vivek Singh Thakur, Additional Advocate General of this department.
Certified that Shri Vivek Singh Thakur, Additional Advocate General would have continued
to officiate but for his proceeding on 25(50) days Medical Leave on commuted basis and this
period of leave will count for continuation of his service.
Sd/-
Advocate General
Himachal Pradesh.
_________
jkT; fuokZpu vk;ksx fgekpy izns'k
STATE ELECTION COMMISSION HIMACHAL PRADESH
ethBk gkÅl] f'keyk&171002, Majitha House, Shimla-171002, Tel. 0177-2620152, 2620159, 2620154,
Fax. 2620152
NOTIFICATION
Shimla-2, the 13th April, 2012
MODEL CODE OF CONDUCT
No. SEC- 16-29/2001- 848.—Whereas it is considered appropriate, desirable and necessary
in the interest of free, fair, smooth, orderly and peaceful conduct of elections to the Panchayati Raj
Institution and Municipalities in the State of Himachal Pradesh to formulate and issue a Model
Code of Conduct for guidance and compliance by all concerned;
Now, therefore, in exercise of the powers vested in it under Articles 243 K and 243 ZA of
the Constitution of India, Section 160 of the Himachal Pradesh Panchayati Raj Act, 1994 Section
281 of the Himachal Pradesh Municipal Act, 1994, Section 9 of the HP Municipal Corporation Act,
1994 and all other powers enabling it in this behalf; the State Election Commission of Himachal
Pradesh makes and hereby notifies the following model code of conduct, for the guidance of
political parties and candidates in respect of elections to Panchayati Raj Institutions and Urban
Local Bodies.
This is issued in supersession of all earlier notifications issued by the State Election
Commission in this behalf :-
1. Short title.—1.1 (a) This code shall be called the Himachal Pradesh Panchayats and
Municipalities Model Code of conduct, 2012.
(b)
This Code shall apply to the elections of Panchayati Raj Institutions and
Municipalities in the State of Himachal Pradesh as defined under constitution of
India.
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2.
Commencement.—2.1 This Code shall, unless otherwise directed by the
Commission, come in to force and be applicable on and from the date on which the Commission
publishes the election programme;
Provided that the Commission may enforce different provisions of this code on different
dates.
Provided further that the Commission may enforce this code in different parts of the State
on different dates.
2.2
The Code or any of its paragraphs which have become effective and applicable shall
continue to be effective and applicable till the election process is completed.
3.
Definition.—3.1 Unless a contrary intention appears from the context, the following
words and expressions shall have the meanings assigned to them hereunder:
(a)
"Act" means the Himachal Pradesh Panchayati Raj Act, 1994, The Himachal
Pradesh Municipal Act, 1994 and the Himachal Pradesh Municipal Corporation
Act,1994 as the case may be;
(b)
"Candidate" means a candidate for election to Panchayats and municipalities as the
case may be.
(c)
"Chairman" means a Chairman (and includes a Vice-Chairman) of a company or a
board substantially owned or controlled by the Government;
(d)
"Code" means the Himachal Pradesh Panchayats and Municipal Model Code of
Conduct, 2011;
(e)
"Commission" means the State Election Commission of Himachal Pradesh;
(f)
"Corporation" means the Municipal Corporation of Shimla declared and constitute
under the Act;
(g)
"Councillor" means a Councillor elected under the Act;
(h)
"Deputy Commissioner" means the Deputy Commissioner of District and includes
Additional Deputy Commissioner appointed to perform all or any of the functions of
the Deputy Commissioner under the Act;
(i)
"Election personnel" means the Deputy Commissioner, Returning Officer, Assistant
Returning officer, Presiding officer, polling Officer, counting staff and any person
appointed to perform any duty in connection with election.
(j)
"Government" means the Government of the State;
(k)
"Mayor" means Mayor of the Corporation and also includes the Deputy Mayor.
(l)
"Minister" means a minister of the State and include the Chief Minister, a Minister
of State and a Deputy Minister;
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(m)
"Municipality" means an institution of self government constituted under the HP
Municipal Act, 1994 or the HP Municipal Corporation Act, 1994, which may be a
Nagar Panchayat or a Municipal Council or a Municipal Corporation.
(n)
"office bearer" includes the President and the Vice-President of a Municipality, the
Pradhan and Up-Pradhan of a Gram Panchayat. The Chairman and Vice- Chairman
of a Panchayat Samiti or a Zila Parishad and the Member of a municipality or a
Panchayat and also includes the Mayor, Deputy Mayor and the Councillors of the
Corporation;
(o)
"Panchayat" means a Gram Panchayat and includes a Panchayat Samit and a Zila
Parishad constituted under the Himachal Pradesh Panchayat Raj Act,1994;
(p)
"Parliamentary Secretary" means a Parliamentary Secretary of the State and includes
a Chief Parliamentary Secretary;
(q)
“Party" means a group or association of person , Weather registered or not whether
recognized or not, and includes a ’political party' which means an association of
body of individual citizen of India registered as such with the Election Commission
of India;
(r)
"Polling Officer" means a person appointed to conduct or to assist in the conduct of
election to the Panchayats and Municipalities;
(s)
"Presiding Officer" Mean a persons a person appointed as Presiding Officer for
Conduct of election to the Panchayats and Municipalities and includes a person
including a Polling Officer authorised to perform all or any of the Functions of the
presiding Officer;
(t)
"Public Servant" includes a Government servant and an employee of the
Municipality or a Panchayat or a body Corporate substantially owned or Controlled
by the Government ;
(u)
"Returning Officer" Means an Officer appointed to perform the duties of a
Returning Officer in connection with the election to the Panchayat or a Municipality
and includes an assistant Returning Officer while discharging the duties of a
Returning Officer for conducting elections;
(v)
"State" means the State of Himachal Pradesh;
3.2
The words and expressions, not defined hereinabove, shall have the meaning
assignment to then in the relevant Act and the rules made there under.
4.
Canvassing and Public Harmony:
4.1
No Party or candidate shall indulge in any activity which may aggravate existing
difference, create mutual hatred or cause tension between different group of people on the basis of
religion, race, caste, creed, community, language, residence or sex.
4.2
There shall be no appeal on the basis of religion, race, caste, community, and
language for securing votes for a candidate including oneself or for not voting for a particular
candidate.
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4.3
No Place of worship such as temples, mosques, churches etc. shall be used as a
forum for election propaganda.
4.4
No criticism of any aspect of the private life of a candidate which is not connected
with his public life or activities shall be made, nor shall any allegation be made which is based on
unverified facts or incidents. ln other words, while reasonable criticism of the political ideology or
public conduct of a candidate is permissible, a false statement of fact affecting the individual
beneath the public man should be avoided.
4.5
Criticism of a party, when made, shall be confined to its policies and programmes,
past record and work and all shall not be based on unverified allegations
4.6
Organising demonstrations or picketing or shouting slogans before the houses of
individuals by way of protesting against their opinions or activities shall not be resorted to under
any circumstances.
4.7
All parties and candidates shall avoid scrupulously all activities which are corrupt
practices or electoral offences under the relevant provisions of the relevant Act. These include,
interalia, (a) bribery (b) undue influence (c) appeal on the basis of religion, race, caste, community
or language (d) promoting enmity or hatred between or among different class or citizen on grounds
of religion, race, caste, community or language (e) arranging free conveyance for carrying voters to
and from a polling station (f) obtaining assistance of the employee of the Central or State Govt. or
of a local authority. Proof of commission of a corrupt practice may render a candidate liable to be
disqualified.
5.
Use of Posters, Flags, Banners, Hoarding etc:
5.1
No Party or Candidate shall permit its or his members, supporters or followers to use
any private or public property for erecting flag-staff, pasting notices, posters or Slogans, etc. or
suspending banners without permission of the owner or manger or the person in possession of the
property concerned. Any Violation of this Clause will attract the provisions of the Himachal
Pradesh Open places (Prevention of Disfigurement) Act, 1985.
5.2
No candidate or his workers shall remove or deface the flags flown or posters pasted
by another candidate or party.
5.3
No candidate or Party shall carry or allow its supporters or workers to carry the
effigy of another candidate or party leader or other prominent person in a procession or burn such
effigy in the public place.
5.4
No party or candidate shall use loudspeakers without obtaining necessary permission
from the authority authorised in this behalf under law/existing practice. The loudspeaker shall be
used only between 9.00 A.M. and 7.00 P.M or the shorter time as the competent authority might
order.
6.
Meetings:
6.1
The Party or candidate shall inform the local police authorities of the venue and time
of any proposed public meeting or a rally well in time so as to enable the police to make necessary
arrangements for controlling traffic and maintaining order.
6.2
No candidate or party shall hold public meetings or rallies or take out processions
without prior permission of the competent authorities. They should ascertain in advance whether
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there is any prohibitory order or traffic restrictions. It should be ensured that processions of
different candidate or parties are on different timings, routes, and venue.
6.3
Election meetings or processions of a rival candidate or party shall not be disturbed
by a candidate or party of his /its workers or supporters.
7.
Co-operation with Polling personnel:
7.1
Every candidate and party shall cooperate with the election personnel in holding a
peaceful and orderly poll and with those charged with the maintenance of law and order to ensure
proper and peaceful environment before, during and after the poll.
Explanation.-In this paragraph, the expression "during the poll" means the period between
the publication of the Election programme and till the election process is completed.
8.
Meeting of Government Authorities:
8.1
While granting permission for organizing an election meeting rally at a public place,
no distinction should be made between different candidates or parties. In case more than one
candidate or party requests for holding meetings at the same venue on the same date and time, the
permission should be granted to such candidate or party who had applied first. Other candidate or
parties may be granted permission to hold meeting in the order in which they applied in point of
time and they should be persuaded to hold such meetings at other place or time.
8.2
All meetings organized during election should be treated as election meetings and no
money of the Government or a local body should be spent on them.
9.
Election Expenses:
9.1
No contesting candidate shall incur expenditure in connection with his election in
excess of the prescribed limit.
9.2
The contesting candidate shall maintain day to day expenditure record in the
prescribed Performa.
9.3
Every such candidate shall, as required under the relevant law, within thirty days of
the announcement of election result, submit a true account of election expenditure in the prescribed
form to the authority specified for the purpose.
10.
Government machinery:
10.1 (a) A public servant shall remain neutral during the elections.
(b)
he shall not indulge in any election campaign, activity or work for or against any
contesting candidate or party .
10.2 No public servant should organize, address, finance or take active part in any
election meeting. This, however, does not preclude the discharge of official duties by those charged
with the maintenance of public order and management of traffic.
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10.3 A public servant shall not accompany a Minister, Member of Parliament or Member
of Legislative Assembly of the State or participate in any programme organized at an individual’s
house which such a dignitary may attend during his election tour.
10.4 Use of rest houses, circuit houses and other Government accommodation should be
permitted to all the candidates and parties on the same terms and conditions of which it is
permissible for the Party in power. These should normally be permitted to be used for short period
and on first come–first serve basis without allowing any one to monopolies the facility. However,
no candidate or party should be allowed to use such building or its precincts for the purpose of
election propaganda/storage of election related articles.
11.
Party in power:
11.1 if a Minister/Parliamentary Secretary/Chairman/Member of parliament/Member of
Legislative Assembly of the State undertakes a tour of any area where elections are scheduled to be
held, such tour shall be deemed to be an election tour and no Govt. servant except those who are
deployed for security, law and order and traffic management shall accompany the Minister/
Parliamentary Secretary/Chairman/Member of Parliament/Member of Legislative Assembly. No
Govt. vehicle or any other facility shall be made available for such tour.
11.2 No vehicles belonging to Govt. or public undertaking or cooperative societies or any
other institutions receiving grants shall be provided to any Minister/Parliamentary Secretary/
Chairman/Member of Parliament/Member of Legislative Assembly or a candidate for canvassing in
election in any manner from the date on which the election programme is published .
11.3 A Minister/Parliamentary Secretary/Chairman/Member of parliament/Member of
Legislative Assembly of the State shall not combine his official visit with electioneering work and
shall not make use of official machinery and personnel or other Government resources including
Government vehicles for furtherance of interest of any candidate.
11.4 Issue of advertisement at the cost of public exchequer in newspaper and other media
during the election period partisan coverage intended to further the prospects of the party in power
shall be scrupulously avoided.
12.
Granting or providing benefits:
12.1 The State Govt./Minister/Parliament Secretary/Member of Parliament/Legislative
Assembly/Chairman/Mayor /Deputy Mayor/Councilors of the Corporation/Office bearers of
Panchayats and Municipalities and other authorities-
(a)
shall not sanction or provide any financial grants in the areas where elections are
scheduled to be held.
(b)
announce any new scheme;
(c)
shall not sanction or announce or promise any scheme;
(d)
shall not lay foundation stone of or inaugurate and any new scheme or project or
promise construction of any road, water supply scheme or other such public facility ;
(e)
shall not make any appointment of any nature including one on adhoc/contract/daily
rated basis;
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(f)
shall not select new beneficiaries for assistance from public funds; and
(g)
shall not transfer personnel.
13.
Organizational Status Quo:
13.1 The structural, classification or area of the Panchayats and Municipalities shall not
be altered during a period of one hundred twenty days ending on the date on which the five year
term of the said institutions are due to expire, no decision taken earlier shall be implemented during
this period.
14.
Before, during and after the poll:
14.1 No candidate or party shall hold public meeting or take out processions during the
period of forty eight hours ending with the hour fixed for the conclusion of poll.
14.2 The identity slip given to voters be on plain (white) paper and shall not contain any
symbol or name of the candidate, Only the name of the voter, his/her father's/husband 's name,
ward number, polling booth number and serial number of the voter in the electoral roll could be
written on the identity slip.
14.3 No one shall enter any polling station or place of counting without a pass issued by
the Returning Officer except in his capacity as a candidate or a voter intending to cast vote or an
authorized agent.
14.4 No candidate’s camp shall be set up within distance of 100 meters from the polling
station . Even where more than one polling station has been set in the same premises, there shall be
only one such camp of a candidate for such group of polling stations beyond a distance of hundred
meters from such premises.
14.5 No person shall :
(a)
use or operate within or at the entrance of the polling station or in any public or
private place in the neighborhood a megaphone or a loudspeaker;
(b)
act in a disorderly manner in or near the polling station resulting in interference with
the work of the `polling officers on duty.
14.6 No one will obstruct or prevent, by using physical force otherwise, a voter from
entering a polling station or casting his vote.
14.7 Any person who fails to obey the lawful directions of the election personal shall be
liable to be removed from the polling station by the police.
14.8 Any person who fraudulently or forcibly takes a ballot paper out of the polling
station will be liable to be proceeded against.
15.
Assistance:
15.1 Candidates or their election agents may, when necessary, give specific complaint or
report difficulties regarding the conduct of elections to the Returning officer or to the Observers, if
any, appointed by the Commission.
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15.2 It would be in the interest of the candidate to ensure compliance with the Code,
otherwise he may, if elected, render himself liable to be disqualified or be unseated on an election
petition in the event of the breach of a legal provision .
16.
Consequence of violation:
16.1 The violation of most of these provisions constitute corrupt practice or an electoral
offence which may disqualify the person violating this code or he may be prosecuted in a court of
law or both.
By Order of the State Election Commission, Himachal Pradesh.
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