Administrative Secys asked to ensure compliance of Act
*Anti-Corruption Bureau to prepare database for first time
Mohinder Verma
JAMMU, Oct 22: Finally, the Government has turned tough on obtaining property returns from all the employees strictly as per the provisions of Jammu and Kashmir Public Servants Declaration of Assets and Other Provisions Act and has dashed communications to all the Administrative Secretaries asking them to ensure strict compliance to the law.
Moreover, the Jammu and Kashmir Anti-Corruption Bureau, for the first time, has set into motion an exercise to prepare database of the immovable and moveable assets held by the Government servants for detailed scrutiny.
EXCELSIOR had few months back exclusively reported that majority of the Government servants are not submitting mandatory property returns annually in blatant violation of the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and Other Provisions Act, which has been retained in the Union Territory by the Ministry of Home Affairs. It was also reported that Government has never imposed any penalty although there is an explicit provision in this regard in the law.
Official sources told EXCELSIOR that recently Anti-Corruption Bureau brought to the notice of General Administration Department that majority of the Government employees are not submitting annual property returns as a result of which the Bureau was facing difficulty in identifying the officers and officials who have amassed assets disproportionate to their known source of income.
Taking seriously the communication of the Anti-Corruption Bureau, the General Administration Department has dashed letters to all the Administrative Secretaries asking them to ensure strict implementation of the Jammu and Kashmir Public Servants Declaration of Assets and Other Provisions Act so that objective behind its enactment is achieved.
“The Administrative Secretaries have further asked all the Heads of the Departments to seek information from the employees under their control as to whether they have submitted the annual property return for the year 2020 and if not get the same furnished as early as possible”, sources informed, adding “it is for the first time that large number of Government servants have started submitting property returns to the Anti-Corruption Bureau with the copy to the concerned Administrative Department and Heads of the Departments”.
“We have received property statements from large number of employees during the past sometime and the process is still on”, said an officer of the Anti-Corruption Bureau while wishing anonymity, adding “it is for the first time that Bureau has started an exercise to prepare database of the property statements of the employees for detailed scrutiny as and when required”.
As per the provisions of Jammu and Kashmir Public Servants Declaration of Assets and Other Provisions Act, 1983, amended thereafter from time to time, every Government servant has to submit to the Prescribed Authority, a return of all the assets possessed by him/her and his/her family members within three months after he/she becomes a Government servant.
Thereafter, they are required to submit annual returns of the assets held by them and their family members and shall state the reasons for increase, if any, in the assets and source thereof.
“Though IAS and KAS officers are submitting annual property returns albeit not within the prescribed time-frame there was no compliance down the line in the hierarchy”, sources said, adding “the Government is also planning to start the mechanism of online submission of property statements by the employees on the lines of IAS and KAS officers”.
Not ruling out the possibility of Government initiating action against those not submitting annual property returns, sources said, “the Act clearly states that if any Government servant without any reasonable cause fails to submit the returns annually, he/she shall be guilty of committing criminal misconduct as specified in the clauses of the Prevention of Corruption Act and shall be punishable under the Act”.
The Act further states that the property returns shall be put to detailed scrutiny and then shall be kept under the custody of the Prescribed Authority which shall maintain it in such manner as may be prescribed. As per the law, no Government servant shall in his own name or in the name of any of his family member acquire or transfer any immovable property unless he or she has obtained permission in writing from the Prescribed Authority.
Moreover, the acquisition or transfer of movable property is required to be brought to the notice of the Prescribed Authority where the value of such property exceeds the limit prescribed by the Government.
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