Excelsior Correspondent
JAMMU, Apr 24: In regard to seeking permission for acquiring moveable and immoveable property, the State Government has directed all its employees to adhere to the provisions contained in the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and Provisions Act/Rules and Jammu and Kashmir Employees Conduct Rules, 1971, in letter and spirit.
Since the rule position makes it clear that seeking grant of ex-post facto permission for purchase of immoveable property renders the rules ineffective, the same needs to be discouraged forthwith, says a Government circular, issued today, in this regard.
In terms of Section 12(1) of the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983, no public servant shall in his own name or in the name of any of his family member acquire or transfer any property (immovable) unless he has obtained permission in writing from prescribed authority.
Sub-section (2) of Section 12 provides that any transfer, effected by a public servant without the previous permission as provided under Sub-section(1), shall be null and void and no person and no person shall be deemed to have acquired any right therein. Section 14 of the Act provides that any public servant, who contravenes the provisions of Section 2 of the Act, shall be guilty of committing misconduct and shall be punished under Section 5 of the Prevention of Corruption Act 2006.
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