Transactions of property coming within the purview of Rules 18 (2) & (3) – Forms for obtaining permission/giving intimation
(28) Transactions of property coming within the purview of Rules 18 (2) & (3) – Forms for obtaining permission/giving intimation
In accordance with the provisions of sub-rule (2) of Rule 18 of the CCS (Conduct) Rules, 1964, all Government servants coming within the purview of these Rules are required to make a report to the prescribed authority before entering into any transaction of immovable property in their own name or in the name of a member of family. If the transaction is with a person having any official dealings with the Government servant, the Government servant is required to obtain prior sanction of the prescribed authority. Sub-rule (3), ibid provides that all Government servants should give an intimation to the prescribed authority within one month of entering into any transaction of movable property, the value of which exceeds the monetary limits prescribed in that Rule. In case any such transaction is with a person having official dealing with the Government servant, prior sanction of the prescribed authority is necessary.
2. The question of streamlining the procedure for obtaining prior sanction or making a report about the transactions of property by Government servants has been considered and it has been decided that all requests for obtaining prior sanction and making intimation about transactions in immovable and movable property may be made in the enclosed standard Forms I and II, respectively, devised for this purpose. These forms contain the basic information required by the prescribed authority in all cases for considering a request for grant of permission or taking note of an intimation given by the Government servant. The prescribed authority concerned, if it so desires, may seek any additional information/clarification about the transaction entered into by the Government servant, depending upon the facts and circumstances of the case.
3. The applications for obtaining sanction or making prior intimation regarding construction of a house will continue to be made in the form prescribed vide this Departments OM No. 11013/5/75-Estt. (A), dated 20th June, 1975. (Decision No. 10).
FORM – I
Form for giving prior intimation or seeking previous sanction under Rule 18 (2) of the CCS (Conduct) Rules, 1964 for transaction in respect of immovable property.
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1. |
Name and Designation. |
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2. |
Scale of Pay and present pay. |
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3. |
Purpose of application-sanction for transaction/prior intimation of transaction. |
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4. |
Whether property is being acquired or disposed of. |
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5. |
Probable date of acquisition/disposal of property. |
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6. |
Mode of acquisition/disposal |
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7.(a) |
Full details about location, viz. Municipal No., Street/Village, Taluk, District and State in which situated. |
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(b) |
Description of the property, in the case of cultivable land, dry or irrigated land. |
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(c) |
Whether freehold or leasehold. |
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(d) |
Whether the applicant’s interest in the property is in full or part. (in case of partial interest, the extent of such interest must be indicated). |
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(e) |
In case the transaction is not exclusively in the name of the Government servant. Particulars of ownership and share of each member. |
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8. |
Sale/purchase price of the property. (Market value in the case of gifts) |
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9. |
In cases of acquisition, source or sources from which financed/proposed to be financed :- (a) Personal savings (b) Other sources giving details. |
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10. |
In the case of disposal of property, was requisite sanction/intimation obtained/given for its acquisition (A copy of the sanction/acknowledgement should be attached). |
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11.(a) |
Name and address of the party with whom transaction is proposed to be made. |
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(b) |
Is the party related to the applicant? If so, state the relationship. |
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(c) |
Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future? |
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(d) |
How was the transaction arranged? (Whether through any statutory body or a private agency through advertisement or through friends and relatives. Full particulars to be given). |
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12. |
In case of acquisition by gift, whether sanction is also required under Rule 13 of the CCS (Conduct) Rules, 1964. |
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13. |
Any other relevant fact which the applicant may like to mention. |
DECLARATION
I, …………………………………… hereby declare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is mentioned in item 11 above.
OR
I, …………………………………….. hereby intimate the proposed acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true.
Station :
Signature :
Date :
Designation :
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Note :1. In the above form, different portions may be used according to requirement.
2. Where previous sanction is asked for, the applicantion should be submitted at least 30 days before the proposed date of the transaction.
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FORM-II
Form for giving intimation or seeking previous sanction under Rule 18 (3) of the CCS (Conduct) Rules, 1964 for transaction in respect of movable property.
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1. |
Name of the Government servant. |
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2. |
Scale of Pay and present pay. |
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3. |
Purpose of application-sanction for transaction/prior intimation of transaction. |
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4. |
Whether property is being acquired or disposed of. |
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5. (a) |
Probable date of acquisition or disposal of property. |
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(b) |
If the property is already acquired/disposed of – Actual date of transaction. |
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6.(a) |
Description of the property (e.g. car/Scooter/Motor Cycle/Refrigerator/radio/radiogram/jewellery/loans/insurance policies etc.) |
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(b) |
Make, model (and also registration No. in case of vehicles), where necessary. |
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7. |
Mode of acquisition/disposal (Purchase/sale, gift, mortgage, lease or otherwise). |
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8. |
Sale/purchase price of the property. (Market value in the case of gifts) |
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9. |
In case of acquisition, source or sources from which financed/proposed to be financed :- (a) Personal savings (b) Other sources giving details. |
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10. |
In the case of disposal of property, was requisite sanction/intimation obtained/given for its acquisition (A copy of the sanction/acknowledgement should be attached). |
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11.(a) |
Name and address of the party with whom transaction is proposed to be made/has been made. |
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(b) |
Is the party related to the applicant? If so, state the relationship. |
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(c) |
Did the applicant have any dealings with the party in his official capacity at any time, or is the applicant likely to have any dealings with him in the near future? |
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(d) |
Nature of official dealings with the party. |
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(e) |
How was the transaction arranged? (Whether through any statutory body or a private agency through advertisements or through friends and relatives. Full particulars to be given). |
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12. |
In the case of acquisition by gifts, whether sanction is also required under Rule 13 of the CCS (Conduct) Rules, 1964. |
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13. |
Any other relevant fact which the applicant may like to mention. |
DECLARATION
I, …………………………………… hereby declare that the particulars given above are true. I request that I may be given permission to acquire/dispose of property as described above from/to the party whose name is mentioned in item 11 above.
OR
I, …………………………………….. hereby intimate the proposed acquisition/disposal of property by me as detailed above. I declare that the particulars given above are true.
Station :
Signature :
Date :
Designation :
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Note :1. In the above form, different portions may be used according to requirement.
2. Where previous sanction is asked for, the application should be submitted at least 30 days before the proposed date of the transaction.
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[DOPT OM No. 11013/11/85-Estt.(A), dated 23.06.1986]