Receiving a Gift by Govt. Employee

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January 20, 2013 at 7:10 am #68407

Anonymous
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I am a State Govt. Employee. My cousin works in Saudi Arabia. He likes to send me an Apple Macbook Pro (Used condition) Laptop as a Gift. The price of the laptop in new condition is approx. Rs. 1.2 lacs and the price of the same in used condition is around Rs. 50,000. May I receive the Gift without intimating the department? Or, should I have to inform it prior to receiving the Gift. Please someone guide me on urgent basis. Thanks.

January 20, 2013 at 2:31 pm #76465

Anonymous
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No. 5630-F. Calcutta, the 4th June, 1980.
“No Government employee shall, without the previous sanction of the appointing authority accept either directly or indirectly on his own behalf or on behalf of any other person any gift of more than trifling value ;
Note—Gifts in conformity with religious or social customs shall not come within the purview of this clause”
Source:

January 20, 2013 at 3:47 pm #76473

Anonymous
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No. 5630-F. Calcutta, the 4th June, 1980.
“No Government employee shall, without the previous sanction of the appointing authority accept either directly or indirectly on his own behalf or on behalf of any other person any gift of more than trifling value ;
Note—Gifts in conformity with religious or social customs shall not come within the purview of this clause”

Concentrate in the Note below Rule 20 as specified above.
Rule 20 was perhaps introduced to restrict the ‘bribe’ in ‘kind’. Since your brother is giving you the same and their is nothing unholy about it, ask him to give it as a ‘Birthday gift’ to you. Then it will be a social custom. Otherwise, you may apply for a formal permission from your appointing authority.

January 21, 2013 at 3:11 pm #76489

Anonymous
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Even in that case you will have to keep your department informed.

January 22, 2013 at 2:07 pm #76498

Anonymous
Inactive

Thanks all of you. So, there are laws and flaws.
I shall inform my department seeking necessary permission to receive a birthday gift from my cousin. The gift item details will be mentioned.
I fear whether department will ask for the source of fund of the gift or not. In that case, it will be more problematic to mention the source of fund of my brother. He works there as laptop, smartphone repairer and earning a handsome figure.

January 22, 2013 at 2:20 pm #76501

Anonymous
Inactive

I shall inform my department seeking necessary permission to receive a birthday gift from my cousin. The gift item details will be mentioned.

Before applying in black and white, have a verbal discussion with your appointing authority whether it will be absolutely necessary. You will however, show the same in your Asset Declaration.

January 22, 2013 at 2:25 pm #76503

Anonymous
Inactive

Oh sure. I shall declare it on 01.01.2014.

June 7, 2013 at 3:05 pm #78104

Anonymous
Inactive

He can get an affidavit done in the local foreign court in the form of a gift deed from brother to another brother. Normally in such cases the Department doesn’t raise any question.
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