Transaction in immovable property under General Power of Attorney

(34) Transaction in immovable property under General Power of Attorney – applicability of CCS (Conduct) Rules

Reference are being received seeking clarification whether transaction in immovable properties made through Power of Attorney by Government servants would attract the provisions of the Conduct Rules. The matter has been examined in consultation with the Ministry of Law. The Ministry of Law has observed that acquisition/disposal of immovable property for a consideration through Power of Attorney effects de-facto transfer of possession of the immovable property. Hence the transaction of immovable property under Power of Attorney will attract the provisions of CCS (Conduct) Rules.

2. It is, therefore, clarified that transaction in immovable properties made by Government servants through Power of Attorney will attract the provisions of sub-rule (2) of rule 18 of the CCS (Conduct) Rules, 1964.

 

[DOPT OM No. 11013/9/98-Estt.(A), dated 29.12.1998]