Lease of immovable property.
(20) Central Civil Services (Conduct) Rules, 1964 – Amendments introduced therein by the Central Civil Services (Conduct) Amendment Rules, 1973 – Lease of immovable property.
The undersigned is directed to invite the attention of the Ministry of Finance, etc. to the Central Civil Services (Conduct) (Amendment) Rules, 1973 issued under the Department of Personnel Notification No. 25/57/64-Ests.(A) dated 05.01.1973 which seeks to amend rule 18 of the CCS (Conduct) Rules, 1964 in certain respects and also introduces a new Rule, namely, Rule 18A.
2. Clause (1) (d) of the Explanation below Rule 18 has been expanded to include specifically ‘television sets’ as well amongst the categories of movable properties mentioned in that clause and a new Explanation II has been added to the effect that for purposes of Rule 18, the term ‘lease’ would mean, except where it is obtained from, or granted to, a person having official dealings with the Government servant, a lease of immovable property from year to year or for any terms exceeding one year of reserving a yearly rent. Thus where the lessee or the lessor is a person having official dealings with the Government servant the general meaning of the term ‘lease’ as given in Section 105 of the Transfer of Property Act, 1882 would apply; it would include any agreement giving rise to the relationship of tenant or any conveyance, grant or devise of reality for designated period of conveyance of interest in real property for limited term with conditions attached, irrespective of the duration of such agreement, etc., or the mode of payment of rent or other consideration. This general meaning of the term ‘lease’ would also apply to the new Rule 18A which has been introduced by Rule 3 of the CCS (Conduct) (Amendment) Rules, 1973 relating to a transaction entered into by a Government servant in respect of immovable property situated outside India as also to any transaction with a foreigner, foreign Government, foreign organisation or concern in respect of any immovable property.
[Cabinet Secretariat, DP & AR OM No. 25/57/64-Ests.(A), dated 5th February, 1973]
Transfer of Property Act, 1882
Chapter V
Of Lease of Immovable Property
Lease defined
105. A lease of immovable property is a transfer of a right to enjoy such property, made for certain time, express or implied, or in perpetuity in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee who accepts the transfer on such terms.
Lessor, Lessee, premium and rent defined
The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share service or other thing to be so rendered is called the rent.