(1) No employee shall except after notice to the prescribed authority, acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift, exchange or otherwise, either in his own name or in the name of any member of his family:
Provided that any such transaction conducted otherwise than through a regular or reputed dealer, shall require the previous sanction of the prescribed authority.
(2) An employee who enters into any transaction concerning any movable property exceeding Two Thousand rupees in value, whether by way of purchase, sale or otherwise, shall forthwith report such transaction to the prescribed authority.
(G.O.Ms.No.375, MAWS dated 9.10.97).
Provided that no employee shall enter into any such transaction except with or through a regular or reputed dealer or agent or with the previous sanction of the said prescribed authority:
Provided further that an employee who is about to quit the local limit of his official authority may without reference to the prescribed authority, dispose of any of his movable property by circulating lists of it among the public generally or by causing it to be sold by public auction.
Explanation (1).- For the purpose of this sub-regulation, the expression ‘Moveable property’ includes the following property, namely:-
(a) Jewellery, insurance policies, shares, securities and debentures:
(b) Loans advanced by such employee whether secured or not.
(c) Motor cars, motor cycles, horses or any other means of conveyance; and
(d) refrigerators, radios and radiograms.
Explanation(2).- For the purpose of sub-regulations (1) and (2), a society registered or deemed to be registered as a Co-operative Society under the Madras Co-operative Societies Act, 1961 (Madras Act 63 of 1961) or any other law for the time being in force shall be deemed to be a regular or reputed dealer.
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(3) Every employee shall, on his first appointment to any post in connection with the affairs of the Board, submit a return as required by sub-regulation (7) in Form A appended to these regulations of all immovable properties owned, acquired or inherited 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.
(4) The Board or any authority or officer empowered by it in this behalf, may, at any time, by general or special order, require an employee to submit, within a period specified in the order, a full and complete statement of such movable or immovable property held or acquired by him or by any member of his family as may be specified in the order. Such statement shall, if so required by the Board or by the authority or officer so empowered, include details of the means by which, or the source from which, such property was acquired.
Provided further that the prescribed authority may exercise the power to call for property statement under this sub-regulation when a specific vigilance enquiry calls for it. (B.P.Ms.No.227, dated 20.5.97).
(5) (a) The prescribed authority for the purposes of this regulation shall be:-
(i) The Board in the case of the Chief Engineer;
(ii) The Chief Engineer in the case of employees in his office and in the office under his control; and
(iii) the Managing Director in the case of employees in the Board’s Secretariat.
(b) In respect of an employee on foreign service, the prescribed authority shall be the parent office on the cadre on which such employee is borne.
(6) Whenever an employee by inheritance, succession or bequest, becomes possessed of immovable property in the area in which he is employed or of such interest in such immovable property as is contemplated by this regulation, he shall communicate all particulars thereof through the usual channel to the prescribed authority.
(7) Every employee other than a peon or daffedar or Record Clerk shall submit not later than the 15 th January each year, through the usual channel to the prescribed authority, a statement in Form A appended to these regulations showing all the immovable property of which he stood possessed or in which he had an interest at the close of the proceeding calendar year:
Provided that, if in any year an employee has neither acquired nor relinquished or otherwise disposed of, any immovable property, or any interest in immovable property, he need not submit the statement referred to in this sub-regulation.
Provided further that every employee after the submission of the returns of his assets and liabilities at intervals of five years, shall submit return of his assets and 9 liabilities annually for the last five years prior to his date of superannuation, in form-A appended to these regulations to the prescribed authority.
Provided also that the prescribed authority shall, within two months from the date of receipt of such returns from the employee make a review of records of permission given after the date of submission of the previous return of his assets and liabilities and check whether they tally with the particulars furnished in the previous five year return or annual return, as the case may be. (B.P.Ms.No.171, dated 5.5.97).
(8) If an employee receives an order of transfer to an area in which he possesses or has an interest in immovable property, he shall at once bring the fact to the notice of his immediate official superiors.
(9) The Managing Director/Chief Engineer shall maintain a register in Form B appended to these regulations, showing all immovable property held by each employee in Class I or Class II service and shall revise it each year with reference to the particulars furnished under sub-regulation (7). When an employee, becomes Class I or Class II employee he shall at once submit a statement in the Form aforesaid to the Managing Director/Chief Engineer, as the case may be. In the case of every other employee, a statement in the Form aforesaid which shall be revised year by year with reference to the particulars furnished in his annual return, shall be attached to his service register, every entry or alteration in such statement attached to the service register being duly attested by the head of his office.
(10) Any attempt to mislead and any failure to give full and correct information shall render the employee concerned liable to dismissal from the service of the Board.
(11) The restriction on the acquisition and possession of immovable property shall apply to the acquisition and possession of any personal interest in such property and to the acquisition and possession of such property by an employee in the name of any other person, but not to the acquisition or possession of an interest as trustee, executor or administrator only.
(12) The restrictions imposed on the acquisition of immovable property by purchase of gift shall apply equally to the acquisition of land under the darkhast rules.
(13) (a) An employee shall not ordinarily be allowed to acquire land within the local limits of his official authority. Permission for such acquisition shall be granted only in very special circumstances.
(b) An employee may usually be permitted to acquire immovable property outside the local limits of his authority. But when on transfer to an area in which he holds immovable property, an employee makes the report required by sub-regulation
(5), the authority responsible may transfer him to another place.
(c) An annual statement shall be submitted to the Board by the Chief Engineer not later than the 15 th January in each year, of cases in which special permission has been granted by him for the acquisition by an employee of immovable property within the local limits of his authority.
10 The returns submitted shall not include cases disposed of by officers subordinate to the Chief Engineer.
(d) In clauses (a), (b) and (c), ‘Local limits’ mean, in the case of employees of subordinate services other than Peons, Daffedars and Record-clerk, the area lying under the administrative control of the Class I or Class II officer under whom he is working and over which he can wield influence by virtue of his employment.
(e) Nothing contained in clauses (a) – (d) will apply to the acquisition of land -including house-sites through a society registered or deemed to be registered as a Cooperative Society under the Tamil Nadu Co-operative Societies Act, 1961 (Tamil Nadu Act 53 of 1961) or any other law for the time being in force.
(f) Nothing contained in clause (b) shall apply in cases where the property concerned is a house constructed or inherited by the employee (B.P.Ms.No.103, dated
21.2.81).
(14) In the case of a joint family, a junior member, who is an employee shall not ordinarily be required to obtain sanction when immovable property is acquired by the managing member on behalf of the family, but this exception shall not apply to any acquisition, even though made in the name of the head of the family if it is shown that it is really intended to be the self-acquired property of the employee.
(15) The annual return shall include all immovable property acquired or registered in the name of the employee either on his own account or as a trustee, executor or administrator or temple mirasdar or acquired or registered in the name of or held or managed by, his wife or by any other member of his family living with, or in any way dependent on him.