The All India Services (Conduct) Rules, 1968

16. MOVABLE, IMMOVABLE AND VALUABLE PROPERTY:

(1) Every person shall, where such person is a member of the Service at the commencement of these rules, before such date after such commencement as may be specified by the Government in this behalf, or where such person becomes a member of the Service after such commencement, on his first appointment to the Service, 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 owned by him, or inherited 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, postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him;

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

NOTE I.- In all returns, the values of items of movable property worth less than Rs. 15, 000/- in value may be added and shown as a lump sum. The value of articles of daily use such as clothes, utensils, crockery and books need not be included in such return.

NOTE II.- Where a member of an All India Service is appointed as a member of another All India Service, he shall not be required to submit a fresh return under this sub-rule.

(2) Every member of the Service 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.

(3) No member of the Service shall, except with the previous knowledge of the Government,-

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

(b) dispose of by lease, mortgage, sale gift or otherwise any immovable property owned by him or held by him either in his own name or in the name of any member of his family:

Provided that the previous sanction of the Government shall be obtained if any such transaction is with a person having official dealings with the member of the Service.

(4) Every member of the Service shall intimate the Government in respect of each transaction, whose value exceeds Rs.15, 000/- within a month of the completion of such transaction.

Provided that the previous sanction of the Government shall be obtained if any such transaction is with a person having official dealings with the member of the Service.

(5) The Government or any authority empowered by it in this behalf may, at any time, by general or special order, require a member of the Service 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 and such statement shall if so required by the Government or by the authority so empowered, include details of the means by which, or the source from which such property was acquired.

Explanation I.- For the purpose of this rule, the expression movable property includes inter alia the following property, namely:-

(a) jewellery, insurance policies the annual premia of which exceeds a fifteen thousand rupees or one sixth of the total annual emoluments received by the member of the Service from the Government, whichever is less, shares, securities and debentures;

(b) loans advanced by or to such member of the Service, whether secured or not;

(d) refrigerators, radiograms and television sets.

Explanation II.- For the purpose of this rule, 'lease' means, except where it is obtained from, or granted to, a foreign national or foreign mission or a foreign organisation controlled by, or associated with, foreign missions, or a person having official dealings with the member of the Service, a lease of immovable property from year to year or for any term exceeding one year or receiving a yearly rent.

16A. Transaction in immovable property outside India.-

Notwithstanding anything contained in sub-rule (3) of rule 16, no member of the Service shall except with the previous sanction of the Government,-

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

(b) dispose of by mortgage, sale, 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; or

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

(ii) for the disposal of, by mortgage, sale, 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.

Government of India Decisions »

(1)	Members of the Service serving in connection with the affairs of the Union or serving under a Foreign Government or outside India shall submit the declaration under sub-rule 1 & 2 in Form 1. [G.I., M.H.A. letter and O.M. No. 8/2/54-AIS (II), dated 8th November, 1955, and O.M. No. 18/2/55-AIS (III), dated 23rd May, 1956 read with letter No. 12(2)-E.O. III/69, dated 13th November, 1959] » Form I »
(2)	Return of immovable property shall be submitted by the members of the Service on their first appointment to the Service. [G.I., M.H.A. No. 8/9/60-AIS (III), dated 16th February, 1960] » Form II » Form III »
(3)	Applications from officers of the All India Services entering into transactions concerning immovable properties, otherwise than through a regular/reputed dealer. [M.H.A. letter No. 8/53/64-AIS (III), dated 27th October, 1964] »
(3A)	Share in a joint family property is required to reported. [G.I., M.H.A. U.O. No. 6/34/57-AIS (II), dated 7th May, 1957] »
(3B)	Purchase of any movable property exceeding Rs.10,000/- in value. [G.I. M.H.A. letter No. 6/5/57-AIS (III), dated 12th September, 1957, read with letter No. 11017/25/75-AIS (II), dated 9th September, 1975 and letter No. 11017/40/75-AIS (III), dated 11th November, 1975] »
(3C)	The construction etc. to be done by any contractor. [M.H.A. letter No. 8/55/63-AIS (III), dated 1st February, 1964] »
(4)	Interest in the joint family property. [G.I., M.H.A. letter No. 6/37/57-AIS (II) dated 18th November, 1957] »
(5)	Expenditure to be incurred on repairs or minor construction work in respect of an immovable property. [G.I., M.H.A. letter No. 6/50/57-AIS (II), dated 7th January, 1958] »
(6)	Repairs costing more than Rs. 10,000, to a joint family property, in which a member of the Service had interest. [G.I., M.H.A., U.O. No. 16/64/58-AIS (III), dated 2nd August, 1958] »
(7)	Return of immovable property to the State Government concerned. [G.I., M.H.A. letter No. 16/11/59-AIS (III), dated 1st September, 1959] »
(8)	Transaction involving purchase of movable property exceeding Rs.2,000/- in value by the wife or by another member of the family. [G.I., M.H.A., letter No. 16/33/59-AIS (III), dated 9th September, 1959] »
(9)	Purchases of Postal or National Saving Certificate. [G.I., M.H.A. letter No. 16/59/59-AIS (III), dated 12th January, 1960] »
(10)	Rule apply to transactions, even though they are with persons outside the jurisdiction. [G.I. MHA letter No. 8/4/60-AIS (III) dt. 30th January 1961] »
(11)	Contribution towards the construction of a building on a plot of land owned by a member of his family. [M.H.A. letter No. 8/6/61-AIS (III), dated 16th February, 1961] »
(12)	Transaction in immovable property with the Government. [M.H.A. letter No. 8/36/61-AIS (III), dated 25th August, 1961] »
(13)	Construction/ extension is financed entirely by a member of the family of the officer. [M.H.A. letter No. 8/19/62-AIS (III), dated 15th March, 1962] »
(14)	'Co-operative Society' can be termed as a regular/reputed dealer. [M.H.A. letter No. 8/69/62-AIS (III), dated 4th September, 1962] »
(15)	Gifts made by a member of the Service to his wife relative dependents etc. [Deptt. of Personnel and A.R. letter No. 9/15/71-AIS (III), dated 26th August, 1971] »
(16)	Ex-post-facto report of a transaction in immovable property conducted through or with a regular or reputed dealer. [Deptt. of Personnel & A.R. letter No. 5/18/73-AIS (III), dated 20th July, 1973; M.H.A. letter No. 11017/46/75-AIS (III), dated 13th April, 1976] »
(17)	Sub-rules (3) and (4) of rule 16 of the All India Services (Conduct) Rules, 1968. [letter No 5/4/74-AIS (III), dated 21st February, 1974] »
(18)	Acquiring immovable and movable properties by inheritance. [D.P. & A.R. letter No. 5/19/74-AIS (III), dated 3rd July, 1974] »
(19)	Investment in Unit Trust of India, Treasury Savings Deposits, National Savings Certificates, Post Office Time Deposits etc. [Deptt. of Personnel and A.R letter No. 5/32/74-AIS (III), dated 22nd November, 1974 and No. 11017/12/75-AIS (III), dated 14th July, 1975] »
(20)	Permission of the Government for joining chit fund. [M.H.A., letter No. 16/59/59-AIS (III), dt. 13-1-1960 read with DP. & AR. letter No. 5/8/73-AIS (III), dated 1-7-1974] »
(21)	Transactions in immovable property with the State Housing Boards. [G.R. DP & AR O.M. No. D2456/83- AIS(III), dt. 3-12-1983] »
(22)	House/flat let out by a member of All India Services. [DP&T No. 11017/37/92 AIS (III), dated 2/9/92] »
(23)	Powers of the Central Govt. under sub-rule (4) of rule 16 to be exercised by the heads of the organisations. [Order No. 11017/22/78-AIS (III), dated 5-7-79] »
(24)	Transactions made by a Trust. [Deptt. of Personnel & Trg. letter No. 11017/95/84-AIS (III), dated March, 1985] »

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