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Declaration of Assets and Sale/ Purchase of Property

Published in Finance.

Government of West Bengal
Finance Department
Audit Branch

No. 1853-F(P) Date: 02.03.2012

MEMORANDUM

In terms of rule 3(6) of the West Bengal Services (Duties, Rights and Obligations of the Government Employees) Rules, 1980, a Govt. employee (other than a Group – D employee) is required to submit, once in a year, in the prescribed form to the appointing authority a return of movable and immovable property and other assets owned, acquired or inherited by him or any member of his family. As no form has been prescribed so long according to the provisions of the aforesaid rules, the State Government employees have been submitting the return of movable and immovable property and other assets in the form prescribed in the Annexure – I to the West Bengal Government Servants’ Conduct Rules, 1959. As per instructions for filling up the said Form for ‘Declaration of Assets’ read with Memo No. 3571-F dated 30.03.2001 movable articles costing less than Rs. 10,000/- for each item need to be maintained. But for articles or materials costing Rs. 10,000/- and above, declaration should be made for each item. On the other hand, in terms rule 5(2) of the West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980, read with Memo No. 3571-F dated 30.03.2001, a Govt. employee is required to seek permission of his appointing authority in case of sale or purchase of movable property exceeding Rs. 10,000/- in value subject to the conditions laid down therein.

2. References are being received from various concerns for increasing the above two figures viz. Rs. 10,000/- in the Form for Declaration of Assets and Rs. 10,000/- in the rule 5(2) of the West Bengal Services (Duties, Rights and Obligations of the Govt. employees) Rules, 1980, suitably in the present day context. The matter has been drawing attention of the Government of sometime past.

3. After careful consideration of all aspects, the Governor is pleased to decide as follows:-

a) Until a separate form is prescribed as stated under rule 3(6) of the West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980, the Government employees other than Group – D employees shall continue to submit a Declaration of Assets as on the 1st January of the year by the 30th April of that year at the latest in the form prescribed in Annexure to the West Bengal Government Servants’ Conduct Rules, 1959.

b) While submitting a return of movable articles in the Declaration Form of Assets, articles costing less than two months Basic Pay (Band Pay + Grade Pay) as on 1st January of the concerned year for each item need not be mentioned. However, for articles or materials costing two months Basic Pay (Band Pay + Grade Pay) and above each item should be mentioned in the relevant column of the form.

c) Subject to the conditions laid down in the rule 5(2) of  West Bengal Services (Duties, Rights and Obligations of the Government employees) Rules, 1980, in the case of sale or purchase of movable property exceeding two months Basic Pay (Band Pay + Grade Pay) as on the date of such transaction a Government employee shall take prior sanction of his appointing authority, where necessary.

4. This order shall take immediate effect.

5. Formal amendments in the relevant rules shall be made in due course.

By order of the Governor,

Sd/- A.K. Das
Joint Secretary to the
Government of West Bengal
Finance Department

No. 1853-F(P) Date: 02.03.2012, Source