Section 18 in M.P. Panchayat Services (Conduct) Rules, 1998
18. Movable, Immovable and Valuable Property.
(1)Every Panchayat Servant shall on his appointment to any service or post and thereafter at such intervals as may be specified by the Panchayat, submit a return of his assets and liabilities in such form as may be prescribed by the Panchayat giving 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 or debentures or cash including bank deposits inherited by him or similarly owned, acquired or held by him;(c)debts or other liabilities incurred by him directly or indirectly.(2)(i)No Panchayat Servant shall, except with the previous knowledge of the Secretary or Chief Executive Officer, as the case may be, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise cither in his own name or in the name of any member of his family :Provided that without previous sanction of the Secretary or the Chief Executive Officer, as the case may be, no such transaction shall be made by Panchayat servant,-(a)with any such person having official dealings with him; or(b)which is transacted otherwise than through a regular or reputed dealer.(ii)If a Panchayat Servant with his consent tacit or otherwise during the term of his employment, any member of his family :-(a)purchase any immovable property or gets any house owned by him in his own name or benami in the name of any other person erected or re-erected; or(b)makes any alteration or repairs exceeding Rs. 5,000/- in any of the immovable properly already owned by him whether in his own name or benami in the name of any other person or as the ease may be, by any member of his family, such Panchayat Servant shall give prior intimation of such erection, re-erection, alteration or repairs, as the case may be, to the prescribed authority disclosing the total amount estimated for the said requisition, erection, re-erection, alteration or as the case may be, repairs and also disclose the source from which he, or as the . case may be, the member of his family proposes to raise the required funds for the purpose. He shall further give prior intimation if the revised estimates are likely to exceed by more than 10% of the original estimates. At the completion of work the Panchayat Servant shall furnish the final cost of such work and the source from which the funds were actually raised with copies of documents, if any, in support thereof.(3)Every Panchayat Servant shall report to the Secretary or Chief Executive Officer, as the case may be, every transaction entered into by hint cither 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. 5,000/- in the case of a Panchayat Servant holding any Class I or Class II post or Rs. 2,000/- in the case of a Panchayat Servant holding any Class III or Class IV post ;-(a)if a Panchayat Servant either fails to file a return prescribed in sub-rule (1) or files a return for any year which docs not fully disclose all the property that is required to be indicated or otherwise conceals any such property it would amount to misconduct;(b)in a disciplinary proceeding on account of misconduct under sub-rule (3) (a) it shall be presumed that the property not included in the return or the value of which is incorrectly shown was acquired through means in contravention of these rules. In such proceeding the burden of proof of establishing that the property was acquired legitimately shall lie on the Panchayat Servant.(4)(i)The Secretary or Chief Executive Officer, as the case may be, with prior sanction of the General Administration Committee of Panchayat, at any time, by general or special order, require a Panchayat Servant to furnish within a period specified in the order a full and 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, include the details of the means by which or source from which such property was acquired.(ii)If the movable or immovable property is, or at any time was found to be beyond his known sources of income, it shall be presumed, unless the contrary is proved by the Panchayat servant, that the acquisition was from, a corrupt source.Explanation. - For the purpose of this rule,-(1)The expression "movable property" includes,-(a)jewellery, insurance policies, the annual premium of which exceeds Rs. 1,000.00 or one sixth of the total annual emoluments, shares, securities and debentures, received from Panchayat service whichever is less;(b)loan advanced by such Panchayat Servants whether secured or not;(c)motor cars, motor cycles, horses or any other means of conveyance; and(d)refrigerator, television, radiograms etc.(2)"prescribed authority" means,-(a)Secretary or Chief Executive Officer, as the case may be, except where any lower authority is specifically specified by the Panchayat for any purpose;(b)in respect of a Panchayat Servant on deputation from any other department, the parent department on the cadre of which such Panchayat Servant is borne.
