Final Cover Election Expenditure - Election Commission of India

Final Cover Election Expenditure - Election Commission of India Final Cover Election Expenditure - Election Commission of India

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(iii) It shall also contain a statement whether the advertisement inserted is for the benefit ofthe prospects of the election of a candidate(s) or political party/ parties;(iv) If the advertisement is issued by any person other than a political party or a candidate,that person shall state on oath that it is not for the benefit of the political party or acandidate; and(v)A statement that all the payments have been made by way of cheque or demand draft.4.11.3. Whenever the District Level Committee or the committee constituted by the CEO, grantspermission for any advertisement, it shall forward a copy of the permission along with allexpenditure details to the concerned DEO and the accounting team which will include theexpenditure in the Shadow Observation Register.4.11.4. The political party/ candidate will have to submit the details of expenditure on the telecast/broadcast in electronic media and advertisement/ paid news in print media. If the MediaMonitoring Cell finds that any advertisement has been made in TV, Radio, Cable Network,FM Channel, in favour of any candidate without proper permission, they shall inform theRO immediately, and the RO will issue a notice to the candidate u/s 127 A of the R.P.Act,1951.4.11.5. If the MCMC finds any advertisement or advertorial published in Print Media, it will bring itto the notice of expenditure observer and a copy of the same will be placed in the folder ofevidence. The expenditure on this advertisement will be mentioned in the ShadowObservation Register and intimated to the candidate during inspection of his register. As persection 127 A of the R.P. Act, 1951, no person shall print or publish or cause to be printed orpublished any election pamphlet or poster, handbill or other document without mentioningthe name and address of the printer and the publisher, and without obtaining declarationfrom the publisher which is attested by two persons. It is the responsibility of such press todeliver a copy of the declaration along with copy of the document to the DEO/CEO, within areasonable time after printing the document. As per instructions of the Commission videNo. 491/Media/2012 dated 08.06.2010 (Annexure 29A) and 3/09/2007/JS-II dated16.10.2007 (Annexure 29D), printing other documents for the purpose of section 127Aincludes any advertisement inserted in news paper and “Paid News” published in any newspaper. For violation of this provision, the penalty on the printer or the person is six monthsof imprisonment or fine upto Rs. 2000/-. Therefore, the R.O. will issue notice to candidatebringing to his notice such advertisements published and whether declaration/authorisationhas been given by him for printing such material. Thereafter, the matter will be taken upwith such media house, for printing advertisement, in violation of section 127 A of R.P. Act1951. In this regard Commission’s instructions contained in its letter no.509/75/2004/JSI/VolII/RCC, dated 21-11-08 given at Annexure-26, may also be followed.The format for application of Advertisement and Certification of Advertisement for telecastare also enclosed at Annexure 27 and 28.4.11.6. The District Committee will also look into MCC violations in the Media sphere and send areport to the DEO with copy to the General Observer.20

(iii) It shall also contain a statement whether the advertisement inserted is for the benefit <strong>of</strong>the prospects <strong>of</strong> the election <strong>of</strong> a candidate(s) or political party/ parties;(iv) If the advertisement is issued by any person other than a political party or a candidate,that person shall state on oath that it is not for the benefit <strong>of</strong> the political party or acandidate; and(v)A statement that all the payments have been made by way <strong>of</strong> cheque or demand draft.4.11.3. Whenever the District Level Committee or the committee constituted by the CEO, grantspermission for any advertisement, it shall forward a copy <strong>of</strong> the permission along with allexpenditure details to the concerned DEO and the accounting team which will include theexpenditure in the Shadow Observation Register.4.11.4. The political party/ candidate will have to submit the details <strong>of</strong> expenditure on the telecast/broadcast in electronic media and advertisement/ paid news in print media. If the MediaMonitoring Cell finds that any advertisement has been made in TV, Radio, Cable Network,FM Channel, in favour <strong>of</strong> any candidate without proper permission, they shall inform theRO immediately, and the RO will issue a notice to the candidate u/s 127 A <strong>of</strong> the R.P.Act,1951.4.11.5. If the MCMC finds any advertisement or advertorial published in Print Media, it will bring itto the notice <strong>of</strong> expenditure observer and a copy <strong>of</strong> the same will be placed in the folder <strong>of</strong>evidence. The expenditure on this advertisement will be mentioned in the ShadowObservation Register and intimated to the candidate during inspection <strong>of</strong> his register. As persection 127 A <strong>of</strong> the R.P. Act, 1951, no person shall print or publish or cause to be printed orpublished any election pamphlet or poster, handbill or other document without mentioningthe name and address <strong>of</strong> the printer and the publisher, and without obtaining declarationfrom the publisher which is attested by two persons. It is the responsibility <strong>of</strong> such press todeliver a copy <strong>of</strong> the declaration along with copy <strong>of</strong> the document to the DEO/CEO, within areasonable time after printing the document. As per instructions <strong>of</strong> the <strong>Commission</strong> videNo. 491/Media/2012 dated 08.06.2010 (Annexure 29A) and 3/09/2007/JS-II dated16.10.2007 (Annexure 29D), printing other documents for the purpose <strong>of</strong> section 127Aincludes any advertisement inserted in news paper and “Paid News” published in any newspaper. For violation <strong>of</strong> this provision, the penalty on the printer or the person is six months<strong>of</strong> imprisonment or fine upto Rs. 2000/-. Therefore, the R.O. will issue notice to candidatebringing to his notice such advertisements published and whether declaration/authorisationhas been given by him for printing such material. Thereafter, the matter will be taken upwith such media house, for printing advertisement, in violation <strong>of</strong> section 127 A <strong>of</strong> R.P. Act1951. In this regard <strong>Commission</strong>’s instructions contained in its letter no.509/75/2004/JSI/VolII/RCC, dated 21-11-08 given at Annexure-26, may also be followed.The format for application <strong>of</strong> Advertisement and Certification <strong>of</strong> Advertisement for telecastare also enclosed at Annexure 27 and 28.4.11.6. The District Committee will also look into MCC violations in the Media sphere and send areport to the DEO with copy to the General Observer.20

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