PAYMENTS FOR THE BUILDINGS/VEHICLES REQUISITIONED FOR CONDUCT OF-ELECTIONS

Ministry of Law O.M. regarding requisition of buildings belonging to Central Govt.Deptt.

Ministry of Law and Justice (Legislative Department) (Budget and Accounts Unit) O.M. No. G. 27031 (6)/87-B & A, dated 12th November, 1986 to all Ministries and Departments of the Govt. of India, all State Govts., all C.E.Os. and C.A.G., New Delhi.
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Subject :- Requisition of buildings belonging to Central Government Departments for election purposes.

Clause (1) of the article 324 of the Constitution state that the conduct of all elections to the Parliament and to the Legislative Assembly of every State shall be vested with the Election Commission of India. According to sub-section 10(a) of section 160 of the Representation of the People Act, 1951, the premises should be requisitioned only if it is "needed or likely to be needed for the purpose of being used as polling stations or for storage of ballot boxes after a poll has been taken".

2. The States/Union Territories Governments have been requisitioning the buildings/premises owned by Central/State Governments, etc. for being used as polling Stations or for the storage of ballot boxes after a poll has been taken and the latter are not charging any rent, etc., therefor. But instances have come to notice that some Central Government departments are charging the rent, etc., from the State/Union Territories Governments on requisition of the Central Government buildings for the above purpose. In this connection it is stated that the part of the election expenditure is shared by the Government of India, Ministry of Law and Justice. Keeping in view the above, the Election Commission of India have requested this Ministry to issue standing instructions to all the Central Government departments, etc., not to charge any rent, etc., if their buildings or premises are requisitioned for the purpose of conduct of Elections either to Lok Sabha or State Legislative Assemblies.

3. After careful consideration of the matter in consultation with the Ministries concerned, it has been decided not to charge any hire charges/rent, etc., if any Central Government buildings or premises are requisitioned for period the same are required for use as polling/counting stations and storage of polled ballot boxes after a poll has been taken in connection with conduct of election to Parliament or State Legislative Assemblies.

4. All the Ministries/Departments are requested to issue standing instructions to the Heads of Departments and their subordinate/attached Offices under their control in Delhi and State/Union Territories to afford facilities to the States/Union Territories Governments in the matter given above, without charging any rent. A copy of the instructions issued in this behalf may kindly be endorsed to this Ministry.

5. The above arrangement will come into force from the date of issue of this OM and will not cover public sector undertakings and local bodies.

6. This supersedes this Ministry's O.M. of even number dated 11th November 1986.



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