Code of conduct
Thyagarajan
(Querist) 27 September 2011
This query is : Resolved
A civil work contract for making a park, in our neighborhood was awarded to a registered contractor by Corporation of Chennai after all formalities, like floating/opening were completed in August 2011. On an enquiry to the reason why the work was not started till date the Zonal Corporation officer attributed the delay to the announcement of dates for election 2011 to the Chennai Corporation council. As per code of conduct, after the announcement, he said, no civil work can be started on municipal contracts, the wait to be until end of election.
To my knowledge the code of conduct during election period binds only the candidates contesting the election and the servants of corporation.
Can any member cite a rule which prevents start of an awarded work on the basis of elections?
R.Ramachandran
(Expert) 27 September 2011
Dear Mr. Thyagarajan,
Once the election code of conduct comes into force, no new works can be started (even if it had been awarded earlier to the coming into operation of the code), because it will be construed as influencing the voters. The Officer of the Zonal Corporation is quite right. If interested, you may please go through the Code of Conduct.
Raj Kumar Makkad
(Expert) 27 September 2011
Visit the following official site of election commission which prescribed what can be done ans what not during the enforcement of mode code of conduct:
http://eci.nic.in/eci_main/CurrentElections/ECI_Instructions/MCC_%20Do_and_Do%27nt.pdf
Sailesh Kumar Shah
(Expert) 28 September 2011
Very Useful information. Thanks to Shri Makkad Sir, enablingl me enhance my knowledge.
Thyagarajan
(Querist) 28 September 2011
The award of work had been earlier to announcement of elections but not started yet. After I put my query I could get the code of conduct in Google and found work awarded earlier to announcement can be executed provided approach to municipal council for any further sanction is not necessary. In fact I had made a writ petition on Madras High Court against corporation for not bringing up the park much earlier to the announcement. Corporation pleaded obeying direction from court will not be a problem since it has completed the formalities and will start the work. The case is pending for directions to other aspects of maintenance etc. However I will press for an interim order from court clearing the way for start of work. Thanks to members, answers.
prabhakar singh
(Expert) 29 September 2011
you are advised to read the following directives,on the site given by Makkad which forms the basis of opinion of Mr.RAMACHANDRAN was advanced.Only shooting question after questions just because it come with out price ,can be of no use should be sincerely understood.
"""5. No work shall start in respect of which even if work orders have
been issued before the model code came into effect, if the 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, that can continue. """
Thyagarajan
(Querist) 29 September 2011
If one had felt I made query after query as answers are free of cost, he should not have answered. However he can enjoy the following info free of cost.
Annexure to Important Guidelines for the Strict Enforcement of Model Code of Conduct for Local Body Elections in Tamil Nadu
Code of conduct- dos & donts on schemes and works
6. The following types of new works (whether beneficiary or work oriented)
that fulfill all the following conditions before the Model Code of Conduct comes
into effect, can be taken up under intimation to the Tamil Nadu State Election Commission
(a) Full funding has been tied up
(b) Administrative, technical and financial sanctions have been obtained
(c) Tender has been floated, evaluated and awarded and
(d) There is a contractual obligation to start and end the work within a given
time frame & failing which there is an obligation to impose penalty on the contractor
(e) In case of any of the above conditions not being met in such cases prior
approval of the Commission shall be sought and obtained.
Also my query is resolved and not open for comments anymore.
R.Ramachandran
(Expert) 29 September 2011
Dear Mr. Thyagarajan,
Please note the wordings of the Model Code No.6 quoted by you:
6. The following types of new works (whether beneficiary or work oriented)
that fulfill ALL THE FOLLOWING CONDITIONS before the Model Code of Conduct comes
into effect, can be taken up under intimation to the Tamil Nadu State Election Commission
(a) Full funding has been tied up
(b) Administrative, technical and financial sanctions have been obtained
(c) Tender has been floated, evaluated and awarded and
(d) There is a contractual obligation to start and end the work within a given
time frame & failing which there is an obligation to impose penalty on the contractor
(e) In case of any of the above conditions not being met in such cases prior
approval of the Commission shall be sought and obtained.
If, condition (d) is not satisfied, the work cannot start/continue, once the Model Code of conduct comes into force.
Guest
(Expert) 29 September 2011
I agree with Shri Ramachandran.
