Transactions in immovable property – Points to be ensured

(10) Transactions in immovable property – Points to be ensured

In the Ministry of Home Affairs Office Memorandum No. 25/22/59-Ests.(A), dated the 7th February, 1959, (not reproduced) powers were delegated to the Administrative Ministries/Departments to deal with certain matters relating to the application of the Central Civil Services (Conduct) Rules, 1955 in respect of officers of the Service controlled by the Ministry of Home Affairs. It has now been decided that cases relating to the acquisition/disposal of immovable property by Class I (Group A) Officers of the Central Secretariat Service, which are, under the existing instructions, required to be referred to this Ministry, may also be dealt with and finally decided by the administrative Ministries/Departments concerned.

The intention underlying the provision in the CCS (Conduct) Rules, 1955, vide rule 15 (1) [now rule 18(2)] laying down that no transactions relating to immovable property shall be entered into by the officers subjected to these rules except with the previous knowledge of the prescribed authority and, in the case of transactions with a person having official dealings with the prior sanction of such prescribed authority is to ensure that – 

(i) The transaction proposed to be entered into is for bonafide purposes;

(ii) the acquisition/sale of the property in question is at fair prevailing market prices and does not involve any element of profiteering or speculation;

(iii) there is no reasonable ground to hold that the transaction in question is the result of the exercise of any undue official influence by the officers (e.g. in return for any official favours conferred or likely to be conferred upon the prospective seller/buyer of the property); and

(iv) there is nothing otherwise objectionable in relation to the proposed transaction.

Ministries/Departments may therefore deal with the individual references relating to transactions in respect of immovable property entered into or proposed to be entered into by the Class I officers of the CSS serving under them, in the light of the above guiding principles. Annual Returns of immovable property owned by officers of the Selection Grade and Grade I-III of the Central Secretariat Service should, however, as at present, continue to be sent regularly to the Ministry of Home Affairs, (Office of the Establishment Officer) for purpose of record.

[MHA OM No. 12/6/60-CS (A), dated 10.03.1960]