Section 7 in The Chennai Corporation Servants Conduct Rules, 1968
7. Movable, immovable and valuable property.
(1)No Corporation servant shall, except after notice to the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family.Such a 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 or reputed dealer, shall require the previous sanction of the prescribed authority:Provided further that the previous sanction of the prescribed authority 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 transaction concerning any movable property exceeding five hundred rupees in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the prescribed authority:Provided that no Corporation servant shall enter into any such transaction except with or through a regular or reputed dealer or agent or with the previous sanction of the said prescribed authority :Provided further that a Corporation servant, who is about to quit the local limits of his official authority may, without reference to the prescribed authority, 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. - For the purposes of this sub-rule, the expression "movable property" includes the following property, namely:-(a)Jewellery, insurance policies, shares, securities and debentures;(b)loans, advances by such Corporation servant, whether secured or not; or(c)motor cars, motor cycles, horses or any other means of conveyance; and(d)refrigerators, radios and radiograms.For the purpose of sub-rules (1) and (2), the Tamil Nadu State Housing Board constituted under the [Tamil Nadu] [This Act was repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] State Housing Board Act, 1961 [Tamil Nadu] [This Act was repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] 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] [This Act was repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] Co-operative Societies Act, 1961 ([Tamil Nadu] [This Act was repealed and re-enacted as the Tamil Nadu Co-operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983).] Act 53 of 1961), shall be deemed to be a regular or reputed dealer.(3)Every Corporation servant shall on his first appointment to any of the Corporation services and to the posts of Assistant Commissioners and Personal Assistant to the Commissioner under the Corporation and thereafter at intervals of every twelve months submit a return as required by sub-rule (7) in Form A appended to these rules 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 of such movable or immovable property held or acquired by him or by any member of his family as maybe 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 properly was acquired.(5)(a)The prescribed authority for the purposes of this rule shall be the Commissioner, Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).].(b)In respect of a Corporation servant on foreign service or on deputation to any other local body or Government, the prescribed authority shall be the Commissioner, Corporation of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alteration of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).].(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 properly as contemplated by this rule, he shall communicate all particulars thereof through the usual channel to the prescribed authority.(7)Every member of a Corporation service and every person holding the posts of Assistant Commissioner and Personal Assistant to the Commissioner under the Corporation shall submit not later than the 15th January each year, through the usual channel to the prescribed authority, a statement in Form A appended to these rules, 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 in this sub-rule (7):Provided further that in respect of immovable property acquired by any member of his family, a Corporation servant shall furnish a certificate to the prescribed authority in the following form along with the statement of immovable property referred to in this sub-rule.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 and have no responsibility in regard to the transaction.(8)If a Corporation servant received 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 rules, showing all immovable property held by each Corporation servant and shall revise it each year with reference to the particulars furnished under sub-rule (7).(10)Any attempt to mislead and any failure to give full and correct information shall render the Corporation servant concerned liable to dismissal from Corporation service.(11)Tire restriction on the acquisition and possession of immovable property 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 to the acquisition or possession of an interest as trustee, executor or administrator only.(12)Except in accordance with the Standing Orders of the [Board of Revenue] [By virtue of section 10(1) of the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980), any reference to the Board of Revenue shall be deemed-to be a reference to the State Government of the appropriate authority specified in the notification under sub-section (1) section 4 of the said Act.], no Government land shall be sold or granted on lease to any Corporation servant whether in permanent or temporary employment.(13)(a)A Corporation servant shall not ordinarily be allowed to acquire land within the city limits in which he is serving. Permission for such acquisition shall be granted only in very special circumstances.(b)A Corporation servant may usually be permitted to acquire immovable property outside the city limits in which he is serving. But, when on transfer to a place in which he holds immovable property, a Corporation servant makes the report required by sub-rule (15). The authority responsible shall ordinarily transfer him to another place, but if such transfer is not possible in the public interest, may require to divest himself of such property.(c)An annual statement shall be submitted to the Government by the Head of the Department not later than the 15th January in each year, of cases in which special permission has been granted by him,-(i)the acquisition by a Corporation servant of immovable property in the place in which he is employed; and(ii)the retention by a Corporation servant of immovable property in a place to which he has been transferred.(d)Nothing contained in classes (a) to (c) shall apply to the acquisition of land including house sites through 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 registered or deemed to be registered as a co-operative society under the [Tamil Nadu Co-operative Societies Act, 1961] [This Act was repealed and re-enacted by 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 Marumakkathayam 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 property 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 Marumakkathayam or Aliyasanthana Law, the statement shall include acquisition of immovable property by his consort.
