Section 19 in Bihar Government Servant's Conduct Rules, 1976
19. Movable, immovable and valuable property.
(1)Every Government servant shall on his first appointment, to any service or post and thereafter at the interval of every twelve months submit to the prescribed authority return of his assets and liabilities in such form as may be prescribed by the Government giving full particulars regarding-(a)immovable property owned, acquired or inherited 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, cumulative time deposits and including bank deposits owned, acquired or inherited by him or held by him, either in his own name or in the name of any member of his family or in the name of any other person;(c)other movable property inherited by him or similarly owned, acquired or held by him;(d)debts and other liabilities, if any, incurred by him directly or indirectly.Note I.-Unless directed otherwise, sub-rule (1) shall not ordinarily apply to class IV servants.Note II.-In all returns, the values of items of movable property worth less than Rs. 1,000 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.-Every Government servant who is in service on the date of the commencement of these Rules shall submit a return under this sub-rule on or before such date as may be specified by the Government after such commencement:Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is-(a)with person having official dealings with Government servant, or(b)otherwise than through a regular or reputed dealer.(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.(3)Every Government servant shall report to the prescribed authority within one month from the date of every transaction entered into by him either in his own name or in the name of a member of his family in respect of movable property if the value of such property exceeds Rs. 1,000 in the case of a Government servant holding any class I or class II post or Rs. 500 in the case of a Government servant holding any class III or class IV post:Provided that the previous sanction of the prescribed authority shall be obtained if any such transaction is-(a)with a person having official dealings with the Government servant, or(b)otherwise than through a regular or reputed dealer.(4)The Government or the prescribed authority may, at any time, by general or special order, requiring a Government servant to submit 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 and such statement shall, if so required by the Government or by the prescribed authority, include 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 Class III or Class IV from any of the provisions of this Rule except sub-rule (4).Explanation.-For the purpose of this sub-rule the expression "movable property" includes-(a)jewellery, insurance policies, the annual premium of which exceeds Rs. 1,000, shares, securities and debentures;(b)loans advanced by or to such Government servant whether secured or not;(c)motor cars, motor cycles, horses or any,other means of conveyance; and(d)refrigerator, radios and radiograms.(6)A Government servant found to be in possession of pecuniary resources or property disproportionate to his known sources of income for which he cannot satisfactorily account, shall unless the contrary is proved, be presumed to have been guilty of grave misconduct in the discharge of his official duty for which he will be liable for criminal action besides departmental proceeding.(7)The Government or any authority especially empowered by it in this behalf may, by an order in writing, require a Government servant to afford facilities for inspection and assessment of the value of any lands, buildings or any other immovable property held or acquired by him or by any member of his family as may be specified in that order and failure to comply with the order shall be deemed to be grave official misconduct on the part of the Government servant concerned.
