Acquisition of immovable properties

PUBLIC (SERVICES–fl) DEPARTMENT CIRCULAR MEMORA1'DUM No. 130548/SD2/76/PD. Dated, Trivandrum, 261h November; 1976 Sub:—Kerala Government Servants' Conduct Rules, 1960—Acquisition of immovable properties by Government servants—Clarification issued. Ref—Government Circular No. 75240/SD6/69/PD. dated 1-11-1969. Attention of all Heads of Departments and offices is invited to the Government Circular cited (copy enclosed) in which it has been clarified that the power delegated to Heads of Departments under rule 25 of the Kerala Government Servants' Conduct Rules, 1960, is only to exercise the power under rule 24 and that the issue of sanction for acquisition of immovable properties under rules 26 and 29 of the Kerala Government Servants' Conduct Rules, 1960, is to be done by the Government themselVes as Government alone is the competent authority under the rules and that this power has not been delegated to the Heads of Departments. rr Government also wish to clari& that the acquisition and possession of any personal interest in immovable property (such as the purchase of tenancy right) contemplated in rule 28 of the Kerala Government Servants' Conduct Rules, 1960, will also come under the definition of acquisition of immovable property. A good number of Government Servants are under the impression that no sanction is necessary under rule 26, for the acquisition of immovable property if the value of the property is less than Rs. 1,000 and hence they are seeking sanction of Government even though rule 26 clearly lays down that Government sanction is obligatory. There are also instances of Government servants having been specifically informed by the Heads of Departments, District Collectors, etc., that no sanction is necessary in such cases, when sanction was sought for by the Government servant, on the ground that the value of the property did not exceed t (Rs. 1,000). This is not correct Government therefore wish to clarify further that except in the case of acquisition of property for the bona Jide purpose of residence by a Government servant who already does not own a house or site, the previous sanction of Government is necessary for the acquisition of any immovable property by Government servants irrespective of the value thereof, as provided under rules 26 and 29 of the Kerala Government Servants' Conduct Rules, 1960. P. MADHAvAN NAIR, Joint Secretary.