Sale of a car purchased on an advance from the Government of India
(8) Sale of a car purchased on an advance from the Government of India, required two sets of sanctions – one under the G.F.Rs. and the other under the CCS (Conduct) Rules.
A question has been raised whether the sanction of the competent authority under para 256 (v) of the General Financial Rules for the sale of a car or other conveyance purchased with advance from Government, before repayment of the advance together with interest, can be deemed to carry with it the permission of the competent authority under Rule 15 (2) [now Rule 18 (3)] of the Central Civil Services (Conduct) Rules, 1955, relating to transactions of movable property.
2. The matter has been considered by the Ministry in consultation with the Comptroller and Auditor General and the Ministry of Finance. Since the objects of according sanctions under the two sets of Rules are entirely different it has been decided that separate sanctions under the General Financial Rules and under the Conduct Rules should be taken by a Government servant when the sale of the conveyance is made otherwise than through a regular or reputed dealer or agent.
3. In all cases, whether the sanctioning authorities under the two sets of rules are the same or different, in order to obtain the required sanctions expeditiously, the Government servant will be well advised to obtain first the sanction under the General Financial Rules, as at that stage he will not be required to furnish details of the prospective purchaser, sale price etc., which would be required before the permission under the Conduct Rules is given. After obtaining this sanction, he may settle the details with the intending purchaser and apply for permission under the Conduct Rules stating clearly that necessary sanction under the General Financial Rules had already been obtained. The authority issuing sanction under the General Financial Rules should specify in the sanction itself that the actual sale of the car, if made otherwise than through a reputed or regular dealer or agent, would be subject to the condition that the Government servant also obtains the prior sanction of the competent authority under the Conduct Rules for the sale of his car, so that this requirement is not overlooked by the Government servant.
4. In so far as the personnel serving in the Indian Audit and Accounts Departments are concerned, these instructions have been issued after consultation with the Comptroller and Auditor General.
[MHA OM No. 28/47/58-Estt.(A), dated 05.03.1959]