Conduct & Disciplinary Rules - 16 : Article from Mr. K.V.Shridharan
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Government of India Instructions on Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
28. Amendment to CCS (Conduct) Rules 1964 - Intimation about purchase of immovable property - Notification
G.S.R.....................(E).- In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely :-
1. (1) These rules may be called the Central Civil Services (Conduct) Amendment Rules, 2011.
(2) They should come into force on the date of their publication in the Govt. Gazette.
2. In the Central Civil Services (Conduct) Rules, 1964, in rule 18,
(a) for sub-rule (3), the following shall be substituted, namely:-
"(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 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".
(b) In Explanation I, in clause (1), in sub-clause (a), for the letters, figures and words "Rs 10,000, or one-sixth of the total annual emoluments received from Government, whichever is less", the words "two months' basic pay of the Government servant, shall be substituted.
(DOPT OM No. 11013/8/2010-Estt.(A) dated 09.05.2011)
29. Intimation by a Government Servant to the prescribed authority about acquiring or disposing of any immovable/movable property either in his/her own name or in the name of any member of his/her family and submission of declarations-reg.
I am directed to refer to above mentioned subject and to say that rules 18(2) & (3) of CCS (Conduct) Rules, 1964 have specific provisions for a Government Servant to intimate to his/her prescribed authority about acquiring or disposing of any immovable or movable property either in his/her own name or in the name of any member of his/her family. Further, Rule 18(4) of CCS (Conduct) Rules, 1964 bestows power to the Government or the prescribed authority to direct a Government servant to furnish a full and complete statement of such movable or immovable property held or acquired by him/her or on his/her behalf or by any member of his family including the details of the means by which, or the source from which, property was acquired.
2. The Government of India vide G.I. M.H.A. No. 25/11/68-Ests. (A) dated 05.08.1968 had declared the Heads of Departments as “Prescribed Authorities” for Group ‘A’ officers and it was also mentioned in this circular that the powers exercisable by the Central Government under sub-rules (2) and (3) of Rule 18 shall be exercisable by the Heads of Departments in respect of Group ‘A’ Officers serving under their control subject to the conditions that (a) in relation to the Heads of Departments themselves, the said powers shall continue to be exercised by the Central Government; and (b) all cases of sanction accorded by the said Heads of Departments shall be reported to the Central Government.
3. This order of the Government of India was circulated to all Heads of Circles / Units vide this Directorate’s letter No. 15/15/68-Disc. Dated 23.09.1968 for ensuring action accordingly. Subsequently, vide letter No. 84/3/70-STA-1/Disc. I dated 27.07.1972, this office informed all the Heads of Circles/Units that powers have been delegated to them to deal with these cases of Group ‘A’ officers serving under their control and, thus, directed them that such cases should no longer be refereed to this Directorate. It was further stated in the ibid communication that all cases of sanction accorded by the Heads of Circles/Units, in their capacity as Heads of Departments in this regard, should be reported to this office. However, despite above instructions, Heads of Circles/Units have been sending cases of immovable/movable property intimation of Group ‘A’ officers working under their control to this office for consideration. Furthermore, some Group ‘A’ officers working in Circles are also directly referring cases of intimation of property and seeking permission/acknowledgment from Directorate, which is avoidable too. The Circles/Units are only required to report to this office the sanction accorded by them in all such cases of Group ‘A’ officers.
4. In case of officers of the Indian Postal Service, Group ‘A’ on deputation to other Ministries/Departments including Army Postal Service (for Addl. DG APS only), they are required to send through their respective Ministries/Departments such immovable/movable property related application for approval/intimation to this Department for consideration of the Competent Authority.
5. I am directed to refer to this Directorate’s earlier communications No. 20-1/2014-SPG in the recent past in respect of the Lokpal and Lokayuktas Act, 2013, under which the Government has notified the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the limits for Exemption of Assets in Filing Returns) Rules, 2014. These Rules mandate that “Every public servant shall file declarations, information or return, as the case may be regarding his assets and liabilities as on the 31st day of March every year to the Competent Authority, on or before the 31st day of July of that year. Here, the definition of public servant covers all Central Government servants (Group A, B and C). Therefore, all Central Government servants are required to file the declaration.”
6. Keeping in view the above instructions of the Government of India, it has been decided that :
(i) Immovable/movable property related transaction/intimation of Higher Administrative Grade (HAG) and above rank officers will continue to be sent to the Postal Directorate (SPG Section of Personnel Division) for intimation/sanction to/of the Competent Authority.
(ii) In case of the officers of the rank of Senior Administrative Grade (SAG), Junior Administrative Grade (JAG) including NFSG, Senior Time Scale (STS) and Junior Time Scale of Indian Postal Service, Group ‘A’ officers viz. Sr./Manager in MMS etc., the Heads of Circles/Chief General Managers/ Director, RAK NPA Ghaziabad, as the case may be, will acknowledge/accept the immovable/movable property related communications reported by the aforesaid Group ‘A’ officers serving under their control and also accord necessary sanction, wherever required under Rule 18 of CCS (Conduct) Rules, 1964. Henc, such cases should not be referred to this Directorate. Similar action shall be taken in case of Group ‘B’ & ‘C’ staff by their respective authority in the Circle/Unit.
(iii) Chief Postmasters General will also exercise the above power in case of such Group ‘A’ officers working in Postal Training Centre located in their Circle. Similar action shall be taken in case of Group ‘B’ & ‘C’ staff by the Director of Postal Training Centre concerned.
(iv) All IPoS Group ‘A’ & Postal Service Group ‘B’ officers working in Postal Directorate (excluding BD&M and PLI Directorates) will send their intimation/sanction applications on immovable/movable property to Personnel Division (SPG Section) os Postal Directorate for consideration of the Competent Authority. Other Group ‘B’ officers (viz. ASPs and IPs) and Group ‘C’ (viz. Postal/Sorting Assistants) officials of Postal side working in Directorate will send such intimation to SPB-II or SPB-I Section of Personnel Division as the case may be.
(v) Heads of Circles/Chief General Managers/Director, RAK NPA Ghaziabad, as the case may be, will report to Postal Directorate (SPG Section of Personnel Division) all the cases of sanction accorded by him/her in respect of immovable/movable property related transaction of Group ‘a’ officers serving within their jurisdiction during the entire financial year (1st April to 31st March) along with the annual declarations, information or return regarding their assets and liabilities ending on 31st March, as per the revised time-frame, latest by 15th August of the year. This will be an annual due document.
(vi) All Indian Postal Service, Group ‘A’ officers on deputation to other Ministries/Departments including Army Postal Service (for Addl. DG APS only) will send through their respective Ministries/Departments such immovable/movable property related application for approval/intimation to this Department for consideration of the Competent Authority. Further, they will also send their annual declarations, information or return regarding their assets and liabilities ending on 31st March, as per the revised time-frame, latest by 15th August of that year. All IPoS Group ‘A’ officers working in APS will submit their declarations to the Postal Directorate (SPG Section of Personnel Division) as per above time-frame.
(vii) Directorate/Prescribed Controlling Authority of an officer/official reserves the right to direct a Government servant to furnish, within a period specified in the order, a full and complete statement of such immovable/movable property held or acquired by him/her or on his/her behalf or by any member of his/her family as may be specified in the order including the details of the means by which, or the source from which, immovable/movable property was acquired.
7. It is requested to bring the above instructions to the notice of all Government Servants and ensure strict compliance.
(DG (P) No.20-15/2014-SPG dated 05.11.2014).
……… To be continued……