18. Movable, immovable and valuable property
(1) (i) Every Government servant
shall on his first appointment to any service or post submit a
return of his assets and
liabilities, in such form as may be prescribed by the Government,
giving the full particulars regarding
-
(a) the immovable property
inherited by him, or owned or acquired by him or held by him
on lease or mortgage, either in
his own name or in the name of any member of his family
or in the name of any other
person;
(b) shares, debentures and cash including
bank deposits inherited by him or similarly
owned, acquired, or held by him;
(c) other movable property
inherited by him or similarly owned, acquired or held by him;
and
(d) debts and other liabilities
incurred by him directly or indirectly.
NOTE I.- Sub-rule (1) shall not
ordinarily apply to Group ‘D’ servants but the Government may
direct that it shall apply to any
such Government servant or class of such Government servants.
NOTE II.- In all returns, the
values of items of movable property worth less than Rs.3310,000/- may
be added and shown as a lump sum.
The value of articles of daily use such as clothes, utensils,
crockery, books, etc. need not be
included in such return.
NOTE III.- 20Where a Government servant already belonging to a service or
holding a post in
appointed to any other civil
service or post, he shall not be required to submit a fresh return under
this clause.
18(ii) Every Government servant
belonging to any service or holding any post included in Group 'A'
and Group 'B' shall submit an
annual return in such form as may be prescribed by the
Government in this regard giving
full particulars regarding the immovable property
inherited by him or owned or
acquired by him or held by him on lease or mortgage either in
his own name or in the name of
any member of his family or in the name of any other person.
(2) No Government servant shall,
except with the previous knowledge of the prescribed authority,
acquire or dispose of any
immovable property by lease, mortgage, purchase, sale, gift or
otherwise either in his own name
or in the name of any member of his family:
27Provided that the previous
sanction of the prescribed authority shall be obtained by the
Government servant if any such
transaction is with a person having official dealing with him.
41(3) Where
a Government servant enters into a transaction in respect of movable property
either in
his own name or in the name of
the member of his family, he shall, within one month from the
date of such transaction, report
the same to the prescribed authority, if the value of such
property exceeds two months’
basic pay of the Government servant:
Provided that the previous
sanction of the prescribed authority shall be obtained by the
Government servant if any such
transaction is with a person having official dealings with him.
(4) The Government or the
prescribed authority may, at any time, by general or special order,
require a Government servant to
furnish, within a period specified in the order, a full and
complete statement of such
movable or immovable property held or acquired by him or on his
behalf or by any member of his
family as may be specified in the order. Such statement shall, if
so required by the Government or
by the prescribed authority, include the details of the means
by which, or the source from
which, such property was acquired.
(5) The Government may exempt any
category of Government servants belonging to Group ‘C’ or
Group ‘D’ from any of the
provisions of this rule except sub-rule (4). No such exemption shall,
however, be made without the
concurrence of the 11Cabinet Secretariat
(Department of Personnel).
Explanation I. - For the purposes
of this rule -
(1) the expression "movable
property" includes
(a) jewellery, insurance
policies, the annual premia of which exceeds Rs. 42‘two months’ basic
pay of the Government servant ,
shares, securities and debentures;
30(b) all loans, whether secured or
not, advanced or taken by the Government servant;
(c) motor cars, motor cycles,
horses or any other means of conveyance; and
(d) refrigerators, radios
radiograms and television sets.
2. "Prescribed
authority" means-
(a) (i) the Government, in the
case of a Government servant holding any Group ‘A’ post, except
where any lower authority is
specifically specified by the Government for any purpose;
(ii) Head of Department, in the
case of a Government servant holding any Group ‘B’ post;
(iii) Head of Office, in the case
of a Government servant holding any Group ‘C’ or Group ‘D’
post;
(b) in respect of a Government
servant on foreign service or on deputation to any other Ministry
or any other Government, the
parent department on the cadre of which such Government
servant is borne or the Ministry
to which he is administratively subordinate as member of
that cadre.
14Explanation II.- For the purpose of this rule 'lease' means, except where
it is obtained from, or
granted to, a person having
official dealings with the Government servant, a lease of immovable
property from year to year or for
any term exceeding one year or reserving a yearly rent.
1418-A.
Restrictions in relation to acquisition and disposal of immovable property
outside India and transactions with foreigners,
etc.-
Notwithstanding anything
contained in sub-rule (2) of Rule 18, no Government servant shall, except
with the previous sanction of the
prescribed authority, -
(a) acquire, by purchase,
mortgage, lease, gift or otherwise, either in his own name or in the
name of any member of his family,
any immovable property situated outside India;
(b)dispose of, by sale, mortgage,
gift or otherwise or grant any lease in respect of any
immovable property situated outside
India which was acquired or is held by him either in
his own name or in the name of
any member of his family;
(c) enter into any transaction
with any foreigner, foreign Government , foreign organisation or
concern,-
(i) for the acquisition, by
purchase, mortgage, lease, gift or otherwise, either in his own
name or in the name of any member
of his family, any immovable property;
(ii) for the disposal of, by
sale, mortgage, gift or otherwise, or the grant of any lease in
respect of any immovable property
which was acquired or is held by him either in
his own name or in the name of
any member of his family.
Explanation.- In this rule
"prescribed authority" has the same meaning as in Rule 18.
