Section 21 in The Orissa Government Servants' Conduct Rules, 1959
21. Movable, immovable and valuable property.
(1)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 or a benamidar :Provided that any such transaction conducted otherwise than through a regular or reputed dealer shall require the previous sanction of the prescribed authority :[Provided further that nothing in this sub-rule shall apply in respect of the lease of a house taken by a Government servant for residential purposes.] [Added vide Notification No. 7830 dated 19.4.1968, Orissa Gazette Part III/3.5.1968.][Explanation - The prescribed authority for the purpose of this sub-rule shall be the controlling authority, namely :(a)in case of all officers the immediate superior authority under whom the officer is serving;(b)in respect of a Government servant on foreign service on deputation to any other department or any other Government, the prescribed authority shall be the immediate superior authority to whom he is administratively subordinate.]Illustration-A Sub-Divisional Officer can give permission to a Tahsildar or any [Grade A or Grade B] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.], [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.] Officer working under him. Similarly the Tahsildar can permit his subordinate to dispose of or acquire immovable/immovable property. In case of the Department of the Government and Heads of Departments, the Section Officer can permit the staff working under him in this matter.(2)[ The controlling authority while according sanction for acquisition or disposal of property shall also send a copy of such sanction to Government through their Heads of Departments] [Added vide Notification No. 6301/Gen./3.5.1973.].(3)A Government servant who, [either in his own name or in the name of any member in his family,] [Inserted by G. A. Department Notification No.20470-Gen., dated the 1st July,1989 (w.e.f. 11.8.1989)] enters into any transaction concerning any movable property exceeding in value of [Rs. 4,000] [Substituted vide Orissa Gazette Extraordinary No. 506/30.3.1988.] in case of Grade A or B and [Rs. 2,000] [Substituted vide Orissa Gazette Extraordinary No. 506/30.3.1988.] in case of [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 2-5.10.1996.] Officers, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the prescribed authority referred to in Sub-rule (1) :Provided that no Government servant shall, except with the previous sanction of Government enter [either in his own name or in the name of any member in his family,] [Inserted by G. A. Department Notification No.20470-Gen., dated the 1st July,1989 (w.e.f. 11.8.1989)] into any transaction with or through any person other than a reputed dealer or agent of standing.Explanation-For the purpose of this sub-rule, the expression "movable property" includes inter alia, the following property, namely :(a)jewellery, insurance policies, shares, securities and debentures;(b)loans advanced by such Government servant, whether secured or not;(c)motor cars, motor cycles, horses or any other means of conveyance.(d)refrigerators, radios and radiograms.(4)Every Government servant is required to make a true and complete declaration before the end of January at an interval of every three years of all his assets movable and immovable and the value thereof as on the 31st December of the previous year in the form given in the Appendix 'A'. The declaration shall contain detailed particulars of the officer's assets and must include and specify the assets which are held by or in the name of his wife, children, other dependents or benamidars. The declaration shall be written by the officer in his own hand and submitted in a sealed cover to the authority as directed by the Government and such authority shall be responsible for its careful preservations. [It shall be obligatory on the part of the Government servants to submit the declarations in every three years and in the event of their failure to do so in time they shall be liable to disciplinary action. An officer making a declaration found to be materially incomplete, misleading or false shall be liable for disciplinary action and even for dismissal from Government service.] [Substituted vide Notification No. 6301-Gen./3.5.1973.][Note - (1) The Secretary to Government in the Administrative Department in the case of [Grade A or Grade B] [Substituted vide Orissa Gazette Part III/1969-Notification No. 1389-Gen./21.1.1969.] Officers and the Heads of Departments or Heads of Offices in case of [Grade C or Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 25.10.1996.] Officers shall be the authority to whom the declarations are to be submitted. The Chief Secretary to Government in case of Secretary to Government and Heads of Departments, shall be the authority to whom the declarations are to be submitted. The Political and Services Department shall act as the Co-ordinating Department in regards to the matter. [Judicial Officers shall submit their property statements to the High Court for preservation.] [Added vide Notification No.6301-Gen./3.5.1973.]]Note - (2) Officers who are on deputation or transferred temporarily to another cadre shall submit their property statements to their authority in the parent cadre in which they are borne or retain a lieu. On their permanent transfer to another cadre or department all sealed covers containing their statements shall be transmitted to the appropriate authority in their new cadre or departments competent to preserve them.Note - (3) In case of Government servants newly appointed to Government service, they should declare their assets as on the date of appointment within three months from that date. They will make subsequent declaration along with orders after the normal triennial period, notwithstanding the fact that three years will not have elapsed since the submission of their first declaration.Note - (4) The first declaration shall be made by a Government servant in respect of all his assets, both movable and immovable and subsequent declaration need only specify modification required in the statement of the previous occasion, showing in detail the manner of fresh acquisition or disposal of property acquired previously.[Note - (5) Notwithstanding anything contained in this sub-rule, every Government servant, after his/her marriage, shall make a true and complete declaration of his/her assets afresh in the prescribed form within three months of marriage.] [Inserted vide Orissa Gazette Extraordinary No. 38/22-9-1995-Notification No. 19267-2-R/1-81/ 94 (Part-I)-Gen./31.8.1995.][Note - (6)] [Re-numbered vide Orissa Gazette Extraordinary No. 38/22-9-1995-Notification No. 19267-2-R/1-81/ 94 (Part-I)-Gen./31.8.1995.] The [Grade D] [Substituted vide Orissa Gazette No. 41-III-A, dated 25.10.1996.] Government servants shall not be required to submit declaration under this sub-rule.
