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State of Madhya Pradesh - Section

Section 19 in The M.P. Civil Services (Conduct) Rules, 1965

19. Movable, immovable and valuable property.

(1)Every Government servant shall on his appointment to any service or post and thereafter at such intervals as may be specified by the Government, submit a return of his assets and liabilities, in such form as may be prescribed by the Government, giving the 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, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c)other movable property inherited by him or similarly owned, acquired or held by him; and
(d)debts and other liabilities incurred by him directly or indirectly.
Note. - Sub-rule (1) shall not ordinarily apply to Class IV servants but the Government may direct that it shall apply to any such Government servant or class of such Government Servants.In all returns, the value of items of movable property worth less than Rs. 1,000.00 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.Every Government servant who is in service on the date of 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.
(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 :[Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant, if any such transaction is with a person having official dealings with him.] [Inserted by Notification No. C-5-1-83-I, dated 7-12-83.]
(2a)[ If a Government servant or, with his consent, tacit or otherwise during the term of his employment, any member of his family :-
(1)purchases any immovable property or gets any house owned by him whether in his own name or benami in the name of any other person erected, or re-erected, or
(2)makes any alteration or repairs exceeding Rs. 5,000 in any of the immovable property already owned by him, whether in his own name or benami in the name of any other person or as the case may be, by any member of his family; such Government 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 acquisition, 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 during erection, re-erection, alteration or as the case may be, repairs, the revised estimates are likely to exceed by more than 10% of the original estimates. At the completion of the work, the Government 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 Government servant shall report to the prescribed authority 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. 10,000] [Substituted by Notification No. F-C-5-1-96-3-EK, dated 25th May, 2000, for Rs. 5000.00'.] in the case of a Government servant holding any Class I or Class II post or [Rs. 5000] [Substituted by Notification No. F-C-5-1-96-3-EK, dated 25th May, 2000, for 'Rs. 2500.00'.] in the case of a Government servant holding any Class m or Class IV post :[Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant, if any, such transaction is with a person having official dealings with him.] [Substituted by Notification No. C-4-1-87-3-XLIX, dated 19-9-1988.]
(3A)[ If a Government servant either fails to file a return prescribed in sub-rule (1) Or files a return for any year which does not fully disclose all the property that is required to be indicated or otherwise conceals any such property it would amount to misconduct,
(3B)In a disciplinary proceeding on account of misconduct under sub-rule (3A) 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 proceedings the burden of proof of establishing that the property was acquired legitimately shall he on the Government servant.] [Inserted by Notification No. C-5-1-83-1, dated 7-12-83.]
(4)
(i)The Government or the prescribed authority may, at any time, by general or special order, require a Government servant to furnish, 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. Such statement shall, if so required by the Government or by the prescribed authority, include the details of the means by which, or the source from which such property was required.
(ii)If the movable and 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 Government servant, that the acquisition was from a corrupt source.
(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). No such exemption shall, however, be made without the concurrence of the Government in the General Administration Department.Explanation. - For the purpose of this rule
(1)the expression "movable property" includes:-
(a)jewellery, insurance policies the annual premia of which exceeds Rs. 1,000.00 or one-sixth of the total annual emoluments shares, securities and debentures; received from Government whichever is less;
(b)loan advanced by such Government servants secured or not;
(c)motor cars, motor cycles, horses or any other means of conveyance; and
(d)refrigerators, radios and radiograms.
(e)[ Television sets and other electrical and electronic items] [Inserted by Notification No. F-C-5-1-96-3-EK, dated 25th May, 2000.],
(2)"Prescribed authority" means
(a)
(i)the Government, in the case of a Government servant holding any Class I post, except where any lower authority is specifically specified by the Government for any purpose;
(ii)Head of Department, in the case of a Government servant holding any Class II post;
(ii)Head of office, in the case of a Government servant holding any Class HI or Class IV post;
(b)in respect of a Government servant on foreign services or on deputation to any other Government, the parent department on the cadre of which such Government servant is borne of the administrative department of Government to which he is administratively subordinate as member of that cadre.