The Central Civil Services (Conduct) Rules, 1964

18. MOVABLE, IMMOVABLE AND VALUABLE PROPERTY:

(1) (i) Every Government servant shall on his first appointment to any service or post submit a return of his assets and liabilities, in such form as may be prescribed by the Government, giving the full particulars regarding -

(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;

(b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or held by him;

(c) other movable property inherited by him or similarly owned, acquired or held by him; and

(d) debts and other liabilities incurred by him directly or indirectly.

NOTE 1.- Sub-rule (1) shall not ordinarily apply to Group ‘D’ servants but the Government may direct that it shall apply to any such Government servant or class of such Government servants.

NOTE 2.- In all returns, the values of items of movable property worth less than Rs.10000 may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery, books, etc. need not be included in such return.

NOTE 3.- Where a Government servant already belonging to a service or holding a post is appointed to any other civil service or post, he shall not be required to submit a fresh return under this clause.

(ii) Every Government servant belonging to any service or holding any post included in Group 'A' and Group 'B' shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.

(2) No Government servant shall, except with the previous knowledge of the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family:

Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is with a person having official dealings with him.

[(3) Where a Government servant enters into a transaction in respect of movable property either in his own name or in the name of the member of his family, he shall, within one month from the date of such transaction, report the same to the prescribed authority, if the value of such property exceeds two months’ basic pay of the Government servant:

Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is with a person having official dealings with him.]

[Sub-rule (3) amended vide the Central Civil Services (Conduct) Amendment Rules, 2011 - Notification No. G.S.R. 370 (E). 9th May, 2011, F.No. 11013/8/2009-Estt(A)]

(4) The Government or the prescribed authority may, at any time, by general or special order, require a Government servant to furnish, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or on his behalf or by any member of his family as may be specified in the order. Such statement shall, if so required by the Government or by the prescribed authority, include the details of the means by which, or the source from which, such property was acquired.

(5) The Government may exempt any category of Government servants belonging to Group ‘C’ or Group ‘D’ from any of the provisions of this rule except sub-rule (4). No such exemption shall, however, be made without the concurrence of the Cabinet Secretariat (Department of Personnel).

Explanation I. - For the purposes of this rule -

(1) the expression "movable property" includes-

(a) jewellery, insurance policies, the annual premia of which exceeds [two months’ basic pay of the Government servant], shares, securities and debentures;

[For the letters, figures and words “Rs.10,000, or one-sixth of the total annual emoluments received from Government, whichever is less”, the words “two months’ basic pay of the Government servant”, substituted vide the Central Civil Services (Conduct) Amendment Rules, 2011 - Notification No. G.S.R. 370 (E). 9th May, 2011, F.No. 11013/8/2009-Estt(A)]

(b) all loans, whether secured or not, advanced or taken by the Government servant;

(c) motor cars, motor cycles, horses or any other means of conveyance; and

(d) refrigerators, radios radiograms and television sets.

2. "Prescribed authority" means -

(a) (i) the Government, in the case of a Government servant holding any Group ‘A’ post, except where any lower authority is specifically specified by the Government for any purpose;

(ii) Head of Department, in the case of a Government servant holding any Group ‘B’ post;

(iii) Head of Office, in the case of a Government servant holding any Group ‘C’ or Group ‘D’ post;

(b) in respect of a Government servant on foreign service or on deputation to any other Ministry or any other Government, the parent department on the cadre of which such Government servant is borne or the Ministry to which he is administratively subordinate as member of that cadre.

Explanation II.- For the purpose of this rule 'lease' means, except where it is obtained from, or granted to, a person having official dealings with the Government servant, a lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.

18-A. Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc.

Notwithstanding anything contained in sub-rule (2) of Rule 18, no Government servant shall, except with the previous sanction of the prescribed authority -

(a) acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;

(b) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;

(c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern,-

(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property;

(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.

Explanation.- In this rule “prescribed authority” has the same meaning as in Rule 18.

Government of India Decisions »

(1) General instructions regarding submission of the return for immovable property-House-building is clearly a transaction in immovable property-‘prescribed’ authorities, who would exercise authority-returns to be treated as secret and kept along with character rolls. [MHA OM No. 25/10/55-Estt. (A), dated 12.01.1956] »
(2) (2) Question whether report of conclusion of a transaction in immovable property should be made forthwith in cases where prior permission to purchase such property was obtained and the amount involved was/was not indicated. [Min. of W.H. & S.OM No. AV(37) dated 05.12.1956] »
(3) Form of report standardized for cases involving purchase of land, construction of building and additions alterations to an existing building [MHA OM No. 25/21/57-Ests. (A), dated 11.06.1957] »
(4) Reference Ministry of Home Affairs OM No. 25/21/57-Ests. (A), dated the 11th June, 1957 (Decision No. 3 above) [MHA OM No. 25/21/51-Ests. (A), dated 18.12.1957] »
(5) Prohibition of Government servants from bidding at Government auctions (either personally or by proxy) [MHA OM No. 25/12/57-Ests. (A), dated 21.01.1958] »
(6) "On account" payment to be transaction in movable property [MHA OM No. 21/38/58-Ests. (A), dated 16.04.1958] »
(7) No regular and continuous scrutiny necessary in case of returns of immovable property submitted by officers of the Central Secretariat Service and the Central Secretariat Stenographer’s Service. [MHA OM No. 12/9/58-CS (A), dated 21.06.1958] »
(8) Sale of a car purchased on an advance from the Government of India required two sets of sanctions – one under the G.F.Rs. and the other under the CCS (Conduct) Rules. [MHA OM No. 28/47/58-Estt. (A), dated 05.03.1959] »
(9) Clarification of the provisions in the CCS (Conduct) Rules, 1955 regarding transaction in movable and immovable properties. [MHA OM No. 25/18/59-Ests. (A), dated 28.08.1959] »
(10) Transactions in immovable property – points to be ensured [MHA OM No. 12/6/60-CS (A), dated 10.03.1960] »
(11) Requirement of seeking prior permission [MHA OM No. 25/25/61-Ests. (A), dated 26.06.1961] »
(12) Reference this Ministry’s OM No. 25/21/57-Ests. (A) dated the 11th June, 1957 (Decision No. 3 above), on the above subject, the attached Form I may be substituted for the Form I circulated with the OM under reference. [MHA OM No. 25/2/64-Ests. (A), dated 31.01.1964] »
(13) Question whether a charge of corruption should be held proved in case the officer concerned is unable to account satisfactorily possession by himself or by any other person on his behalf of pecuniary resources or property disproportionate to his know sources of income. [MHA OM No. 39/19/63-Ests. (A), dated 16.12.1964] »
(14) "Pagri" charged by Government servants in renting their houses and flats – amounts to corruption [MHA OM No. 43/49/64-AVD, dated 19.11.1965] »
(15) All purchases made at the same time, in the same place (Shop, etc.) and charged for the same bill should be treated as one transaction for the purpose of Rule 18 (3) whether or not they relate to the same item. [MHA OM No. 25/8/57-Ests. (A), dated 25.03.1967 and OM No. 71/33/58-Ests. (A), dated 03.04.1958] »
(16) Heads of Departments declared as "prescribed Authorities" for Class I (Group A) Officers. [MHA OM No. 25/11/68-Ests. (A), dated 05.08.1968] »
(17) Order [Cab. Sectt. DP&AR OM No. 25/7/65-Ests. (A), dated 6th January, 1973] »
(18) Central Civil Services (Conduct) Rules, 1964 – Rules 18 – Return of Assets and Liabilities – forms and periodicity. [Cab. Sectt. DP&AR OM No. 25/7/65-Ests. (A), dated 8th January, 1973] »
(19) Central Civil Services (Conduct) Rules, 1964 – Rules 18 – Return of Assets and Liabilities – forms and periodicity– Action be held in abeyance [Cab. Sectt. DP&AR OM No. 25/7/65-Ests. (A), dated 4th July, 1973] »
(20) Central Civil Services (Conduct) Rules, 1964 – Amendments introduced therein by the Central Civil Services (Conduct) Amendment Rules, 1973 – Lease of immovable property. [Cab. Sectt. DP&AR OM No. 25/57/64-Ests. (A), dated 5th February, 1973] »
(21) Form of property return to be obtained from officers governed by the CCS (Conduct) Rules, 1964 – for the year ending 1973. [Cab. Sectt. DP&AR OM No. 25/27/73-Ests. (A), dated 07.01.1974] »
(22) Form for report/permission. [Cab. Sectt. DP&AR OM No. 11013/5/75-Ests. (A), dated 20.06.1975 – 13.08.1975] »
(23) Appropriate authorities not to sanction acceptance of substantial amount as advance rent if it is in violation of the concerned State’s Act. [Cab. Sectt. DP&AR OM No. 11013/18/75-Estt. (A), dated 21.02.1976] »
(24) Chit Funds/Life Insurance Policies/Fixed Deposits in Banks by Government servants-Clarifications regarding. [Cab. Sectt. DP&AR OM No. 11013/12/76-Estt. (A), dated the 4th October, 1976] »
(25) CCS (Conduct) Rules, 1964 – Prescription of time limits for grant of permission under certain rules thereunder [MHA, DP&AR OM No. 11013/17/77-Ests. (A), dated 19th April, 1978] »
(26) CCS (Conduct) Rules, 1964 – Transaction entered into by the spouse and other members of family of a Government servant out of their own funds. [MHA, DP&AR OM No. 11013/13/78-Ests. (A), dated 11th September, 1978] »
(27) CCS (Conduct) Rules, 1964 – Fixed Deposits with Banks and Companies – Clarification regarding [Deptt. of Personnel & AR’s OM No. 11013/5/81-Ests. (A), dated 12.05.1982] »
(28) Transactions of property coming within the purview of Rules 18 (2) & (3) – Forms for obtaining permission/giving intimation [DOPT OM No. 11013/11/85-Estt. (A), dated 23.06.1986] »
(29) Rule 18 (4) of CCS (Conduct) Rules, 1964 calling of a statement of movable or immovable property at any time [DOPT OM No. 11013/6/86-Estt. (A), dated 03.07.1986] »
(30) Amendment to Rule 18 of the Central Civil Services (Conduct) Rules, 1964 [DOPT OM No. 11013/1/87-Estt. (A), dated 27.03.1987] »
(31) Provision regarding expenditure incurred on repairs or minor construction work in respect of movable property [DOPT OM No. 11013/9/89-Estt. (A), dated 27.11.1990] »
(32) Transactions in sale and purchase of shares and debentures etc. [DOPT OM No. 11013/6/91-Estt. (A), dated 08.04.1992] »
(33) Submission of annual returns by Group ‘A’ and Group ‘B’ officers regarding immovable property. [DOPT OM No. 11013/12/93-Estt. (A), dated 24.01.1994] »
(34) Transaction in immovable property under General Power of Attorney – applicability of CCS (Conduct) Rules. [DOPT OM No. 11013/9/98-Estt. (A), dated 29.12.1998] »