Section 7 in The Chennai Corporation Servants Conduct Bye-Laws
7. Movable, immovable and valuable property.
(1)No Corporation servant shall, except after notice to the Commissioner, acquire or dispose, of any immovable property by lease, s mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family. Such notice will be necessary even where any immovable property is acquired by any member of the family of the Corporation servant out of the resources of the Corporation servant:Provided that any such transaction conducted otherwise than through regular reputed dealer, shall require the previous sanction of the Commissioner:Provided further that the previous sanction of the Commissioner shall not be necessary for the acquisition of immovable property assigned by the Government to the Corporation servant.(2)A corporation servant who enters into any transaction concerning any movable property exceeding two thousand rupees in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the Commissioner:Provided that no Corporation servant shall enter into any such transaction except with or through regular or reputed dealer or agent or with the previous sanction of the Commissioner:Provided further that a Corporation servant who is about to quit the local limits of his official authority may, without reference to the Commissioner, dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction.Explanation 1. - For the purpose of this clause, the expression "movable property" includes the following property, namely :-(a)jewellery, insurance policies, shares, securities and debentures;(b)loans advanced by such corporation servant, whether secured or not;(c)motor cars, motor cycles, horses or any other means of conveyance;and(d)refrigerators, radios and radiograms.Explanation 2. - For the purpose of clauses (1) and (2), the Tamil Nadu State Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) or any Housing Unit established by the said Board or a society under the Tamil Nadu Co-operative Societies Act, 1961 [(Tamil Nadu Act 53 of 1961)] [Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 17 of 1961) has be repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] shall be deemed to be a regular or reputed dealer.(3)Every corporation servant shall, within three months of his first appointment to the corporation service and thereafter at intervals of every twelve months, submit a return as required by clause (7) in Form A appended to these by-laws of all immovable properties 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.(4)The Government or any authority or officer empowered by them in this behalf may, at any time, by general or special order, require a Corporation 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 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 authority or officer so empowered, include details of the means by which, or the source from which such property was acquired.(5)The prescribed authority for the purpose of this by-law shall be the Commissioner.(6)Whenever a Corporation servant, by inheritance, succession or bequest, becomes possessed of immovable property in the place in which he is employed or of such interest in such immovable property as is contemplated by this by-law, he shall communicate all particulars thereof through the usual channel to the prescribed authority.(7)Every member of a corporation service shall submit not later than the 15lh January each year, through the usual channel to the prescribed authority, a statement in Form A appended to these by-laws, showing all the immovable property of which he stood possessed or in which he had an interest at the close of the preceding calendar year :Provided that if in any year a corporation servant has neither acquired nor relinquished or otherwise disposed of any immovable property or any interest in immovable property, he need not submit the statement referred to above:Provided further that in respect of immovable property acquired by any member of his family to a Corporation servant shall furnish a certificate to the Commissioner in the following form along with the Statement of immovable property referred to above.The immovable properties mentioned in the statement annexed have been purchased by..............(here give the name of the purchaser, etc. and the nature of relationship to Corporation servant) out of funds not belonging to me, 1 have no responsibility in regard to the transaction.(8)If a Corporation servant receives an order of transfer to a place in which he possesses or has an interest in immovable property, he shall, at once, bring the fact to the notice of his immediate official superiors.(9)The head of the department shall maintain a register in Form B appended to these by-laws showing all immovable properties held by each Corporation servant and shall revise it each year with reference to the particulars furnished under clause (7) above.(10)Any attempt to mislead and any failure to give full and correct information shall render the Corporation servant concerned liable to dismissal from service.(11)The restrictions on the acquisition and possession of immovable properly shall apply to the acquisition and possession of any personal interest in such property and to the acquisition and possession of such property by a Corporation servant in the name of any other person, but not the acquisition or possession of an interest as trustee, executor or administrator only.(12)Except in accordance with the Standing Order of the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, the Standing Order of Board of Revenue is called as Revenue Standing Order.], no Government land shall be sold or granted on lease to any Corporation servant.(13)(a)A Corporation servant shall not acquire land or other immovable properties except with the prior permission from the Commissioner.(b)An annual statement shall be submitted to the Commissioner by the heads of the departments not later than the 15th January in each year, of cases in which special permission has been granted by them for -(i)the acquisition by a Corporation servant of immovable properly in the place to which he has been transferred;(ii)the retention by a Corporation servant of immovable property in a place to which he has been transferred.(c)Nothing contained in sub-clauses (a) and (b) shall apply to the acquisition of land including house sites through the Tamil Nadu Housing Board constituted under the Tamil Nadu State Housing Board Act, 1961 (Tamil Nadu Act 17 of 1961) or any Housing Unit established by the said Board or a Society registered or deemed to be registered as a Co operative Society under the [Tamil Nadu Co-operative Societies Act, 1961] [This Act has been repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] (Tamil Nadu Act 53 of 1961) or any other law for the time being in force.(14)In the case of a family governed by the Marumakkulthayam or Aliyasantana Law, a junior member, who is a Corporation servant shall not ordinarily be required to obtain sanction, when immovable property is acquired by the managing member on behalf of the family, but this exception shall not apply to any acquisition, even though made in the name of the karnavan or yejman if it is shown that it is really intended to be the self acquired property of the Corporation servant.(15)The annual return shall include all immovable properties acquired or registered in the name of the Corporation servant either on his own account or as a trustee, executor or administrator or temple mirasdar or acquired or registered in the name of, or held or managed by his wife or by any other member of his family living with or in any way dependent on him. In the case of a Corporation servant who follows the Marumakkulthayam or Aliyasanthana Law, the statement shall include acquisition of immovable property by his consort.
