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No. 97 Poudouchéry Mardi 2 Août 2022 (11 Sravana 1944)
No. Puducherry Tuesday 2nd August 2022
STATE ELECTION COMMISSION
PUDUCHERRY
No. 1-5/SEC/Civic Elections/Expenses/2022.
Puducherry, dated 28th July 2022.
NOTIFICATION
Whereas, in democratic polity, elections are the medium through which the nation not only elects its Legislators and Members of Parliament, but, also elects its Representatives to the Local Bodies, viz., the Village Panchayats, Commune Panchayats and the Municipal Councils;
Whereas, the cooperation of all the citizens, be the voters, election agents, officers with election duties in various capacities and officers controlling the conduct of election at various levels, is absolutely indispensable if, elections are to be held in accordance with the laws governing them and the purity in elections is to be maintained;
[ 811 ]LA GAZETTE DE L'ETAT [ PART-I 812 812 Whereas, with a view to maintain purity in these elections, it is essential that only persons with integrity and desirable character contest and get elected as representatives to the Local Bodies;
Whereas, with a view to ensure that the money power does not play any pernicious role in the field of elections and the candidates with huge money resources do not sway or cloud the judgement and rational thinking of the common electors with the ostentatious use of money power placing the candidates with lower financial resources at a distinctly disadvantageous position;
Now, therefore, in exercise of the powers conferred by Articles 243-K and 243-ZA of the Constitution of India, read with section 9A of the Puducherry Village and Commune Panchayats Act, 1973 and section 15A of the Puducherry Municipalities Act, 1973 and Rule 61A to 61I of Puducherry Municipal Councils (Conduct of Election of Councillors) (Second Amendment) Rules, 2022 and Rule 42A to 42I of Puducherry Village and Commune Panchayats (Conduct of Election of Members of Commune Panchayat Councils and Presidents and Members of Village Panchyats) (Second Amendment) Rules, 2022 and all other powers enabling it in this behalf and in relation to holding of elections under these provisions under the superintendence, direction and control of the State Election Commission, Puducherry, the State Election Commission, Puducherry makes the following:
ORDER
1. Short title, extent, application and commencement.— (a) This order
shall be called the Puducherry Local Bodies Elections (Fixations of Ceiling on Election Expenses) Order, 2022.
(b) It shall extend to the whole of Union territory of Puducherry in relation to all elections held under the superintendence, direction and control of the State Election Commission, Puducherry.
(c) It shall come into force on the date of its publication in the Official Gazette of Puducherry.
2. Words and expressions.— Words and expressions used but not defined in this order but defined in the Puducherry Municipalities Act, 1973 or the rules made thereunder or in the Puducherry Village and Commune Panchayat Act, 1973 or the rules made thereunder or the Puducherry Municipal Councils (Conduct of Election of Councillors) (Second Amendment) Rules, 2022 or the Puducherry Village and Commune Panchayats (Conduct of Election of Members of Commune Panchayat Councils and Presidents and Members of Village Panchayats) (Second Amendment) Rules, 2022 or the rules made thereunder shall have the meaning respectively assigned to them in those Acts and Rules.
3. Election Expenses.— (a) Every candidate at an election shall, either by himself or by his/her election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or his/her election agent between the date on which he/she has been nominated and the date of declaration of the result thereof, both days inclusive.
PART-I ] LA GAZETTE DE L'ETAT 813(b) The account of election expenses to be kept by a candidate or his/her election agent shall be in the format at separate Annexure enclosed herewith for Municipality and Commune Panchayat.
(c) Every contesting candidate at an election shall, within thirty days from the date of declaration of the result of the election, lodge with the Returning Officer, an account of election expenses mentioned below as per the concerned annexure, which shall be a true copy of the account kept by him/her.
(i) Part-A: Register for Maintenance of Day-to-Day Account of Election Expenditure by Contesting Candidates.
(ii) Part-B: Cash Register for Maintenance of Day-to-Day Account by Contesting Candidates.
(iii) Part-C: Bank Register for Maintenance of Day-to-Day Account by Contesting Candidates.
(iv) Part - 1: Abstract Statement of Election Expenses
(v) Part - 2: Abstract Statement for Election Expenditure of Candidate (vi) Part - 3: Abstract of Source of Funds raised by Candidate
(vii) Part - 4: Form of Affidavit
(viii) Acknowledgment Form
(ix) Schedule - 1: Details of Election funds and Expenditure of Candidate.
(x) Schedule - 2: Expenditure in public meeting rally, procession, etc., with the Star Campaigner(s) as apportioned to candidate (i.e. other than those for general party propaganda).
(xi) Schedule - 3: Details of expenditure on campaign materials, like handbills, pamphlets, posters, hoardings, banners, cut-outs, gates and arches, video and audio cassettes, CDs/DVDs, Loud speakers, amplifiers, digital TV/board display, 3D display, etc., for candidates election campaign (i.e. other than those covered in Schedule 1 & 2).
(xii) Schedule - 4: Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or internet or social media, news items TV/Radio channel, etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure incurred on all such news items appearing in privately owned Newspaper/ TV/Radio channels, owned by the candidate or by the political party sponsoring the candidate.
LA GAZETTE DE L'ETAT [ PART-I 814 814(xiii) Schedule - 4A: Details of expenditure on campaign through print and electronic media including cable network, bulk SMS or internet or social media, news items TV/Radio channel, etc., including the paid news so decided by MCMC or voluntarily admitted by the candidate. The details should include the expenditure incurred on all such news items appearing in privately owned Newspaper/ TV/Radio channels, owned by the candidate or by the political party sponsoring the candidate.
(xiv) Schedule - 5: Details of expenditure on campaign vehicles and whole expenditure on vehicles for candidates election campaign.
(xv) Schedule - 6: Details of expenditure on campaign workers/agents and or candidates booths outside polling stations for distribution of voter's slips.
(xvi) Schedule - 7: Details of amount of own fund used for the election campaign.
(xvii) Schedule - 8: Details of lump sum amount received from the parties in cash or Cheque or DD or by account transfer.
(xviii) Schedule - 9: Details of lump sum amount received from any Person/Company/Firm/Association/Body of persons, etc., as loan, gift or donation, etc.
(xix) Schedule - 10: Details of expenditure incurred on publishing criminal antecedents, if any, in newspaper and TV channel.
(xx) Shadow Observation Register for Maintenance of Day-to-Day Accounts of Contesting Candidates by Accounting Team.
(xxi) Form-11: Letter of intimation to Returning Officer.
(d) The Returning Officer shall make enquiry as to the genuineness of the account submitted and thereafter cause a notice to be affixed to the Notice-Board of his office, specifying:-
(i) the date on which the account has been lodged ;
(ii) the name of the candidate ; and
(iii) The time and place at which such account can be inspected. The enquiry may be completed within seven days of submission.
(e) Any person shall on payment of a fee of ten rupees be entitled to inspect any such account and on payment of a fee of two rupees per page be entitled to obtain attested copies of such account or of any part thereof.
PART-I ] LA GAZETTE DE L'ETAT 8154. Maximum Election Expenses.— (1) The total of the expenditure incurred or authorised in connection with an election by a candidate shall not exceed the amount mentioned below :
(a) For election as Ward Member of a Village Panchayat . . ` 25,000
(b) For election as President of a Village Panchayat . . ` 2,50,000
(c) For election as Member of Commune Panchayat . . ` 3,20,000
Council
(d) For election as Councillor of Municipal Council . . ` 3,20,000
(e) For election as Chairman of Municipal Council
in respect of the Municipalities :-
(i) Puducherry Municipality . . ` 30,00,000
(ii) Oulgaret Municipality . . ` 35,00,000
(iii) Karaikal Municipality . . ` 14,00,000
(iv) Mahe Municipality . . ` 10,00,000
(v) Yanam Municipality . . ` 10,00,000
(2) Any candidate, either by himself or by his/her election agent, who has exceeded the amount mentioned above and who has not kept a separate and correct account of all expenditure incurred in connection with the election or fails to lodge the account of election expenses with the Returning Officer within the period of thirty days from the date of declaration of the result shall be punishable as per the Rule 61A to 61I of Puducherry Municipal Councils (Conduct of Election of Councillors) (Second Amendment) Rules, 2022 and Rule 42A to 42I of Puducherry Village and Commune Panchayats (Conduct of Election of Members of Commune Panchayat Councils and Presidents and Members of Village Panchayats) (Second Amendment) Rules, 2022.
5. Repeal.— The Puducherry Local Bodies Elections (Fixation of Ceiling on Election Expenses) Order, 2021 is repealed.
ROY P THOMAS,
State Election Commissioner.
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