Why in news?

Recently, a video of Tamil Nadu police seizing Rs 69,400 from some tourists went viral on social media.

While the money was later returned to the couple in question, the incident has brought to limelight the Election Commission’s (EC’s) stringent rules for carrying cash and other items around elections.

What’s in today’s article?

• Measures to curb money power
• Rules for carrying cash and other items

Measures to curb money power

• Strict vigil on the movement of cash, liquor etc.
  • Before each election, the Election Commission provides clear directions to the police, railways, airports, the Income Tax department, and other enforcement agencies.
  • They are instructed to closely monitor the movement of cash, liquor, jewellery, drugs, and gifts—anything that could be given out during the polls.
• Appointment of expenditure observers
  • EC also appoints expenditure observers for every district, alongside static surveillance teams and flying squads.
  • The flying squads comprise a Senior Executive Magistrate as the head, a senior police officer, a videographer, and three or four armed police personnel.
  • These teams are provided with a dedicated vehicle, a mobile phone, a video camera, and necessary documents required for seizing cash or goods.
• Role of surveillance teams
  • Surveillance teams put up check posts on roads, video graphing the entire checking process.
  • Their location is changed frequently to maintain an element of surprise.
  • While check posts are supposed to be set up from the date of announcement of polls, the final 72 hours before polling will see enhanced enforcement.

Why EC takes measures to curb money power?

• The EC’s efforts are meant to keep an eye on campaign expenditure by candidates. This is done to provide a level playing field to the candidates contesting elections.
  • The ruling governments have an advantage before elections when it comes to publishing advertisements that disturb the level playing field.
• Campaign expenditure by candidates is capped at:
  • For Parliamentary Constituencies
    • Rs 95 lakh per constituency in bigger states, and Rs 75 lakh per constituency in smaller ones.
  • For Assembly Constituencies
    • Rs 40 lakh per constituency in bigger states, and Rs 28 lakh per constituency in smaller ones

What are the rules for carrying cash and other items?

• Rules for Airports
  • According to EC instructions, the CISF or police at airports must immediately inform the Income Tax Dept if anyone is carrying cash exceeding Rs. 10 lakh or more than 1 kg of bullion.
  • The Income Tax Department will then verify the situation according to tax laws and take action if a satisfactory explanation is not provided.
  • This means that cash or bullion can be seized till verification is completed, in order to ensure that it is not related to any political party or candidate.
• At check-posts controlled by the surveillance team
  • At check-posts, if over Rs. 10 lakh cash is found in a vehicle without any suspicion, it will not be seized.
  • Instead, the Income Tax authority will be informed for necessary action.
• Rules for vehicle carrying a candidate, or his/her agent or party worker
  • If a vehicle with a candidate, agent, or party worker has more than Rs. 50,000 cash or items like drugs, liquor, arms, or gifts worth over Rs. 10,000, they will be confiscated.
  • If any suspicion of a crime arises during checking, the seizure will follow the Criminal Procedure Code (CrPC), and an FIR will be lodged within 24 hours.

What happens after a seizure?

• Seized cash/items are returned
  • In case any cash or other items are seized, authorities are meant to return them if they are not related to any candidate or a crime.
    • Once seized, the money will be deposited as instructed by the Court.
    • A copy of the seizure of cash exceeding Rs. 10 lakhs will be sent to the Income Tax authority handling the matter.
• Grievance redressal committee
  • A district-level committee will look at grievances in order to avoid inconvenience to the public and genuine persons.
  • The Committee shall suo-motu examine each case of seizure:
    • where no FIR/complaint has been filed, or
    • where the seizure is not linked with any candidate, political party or election campaign.
  • Moreover, it shall take immediate steps to return any cash seized.