Even mechanism not put in place for detailed scrutiny
No penalty ever imposed for non-submission
Mohinder Verma
JAMMU, Jan 31: 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. However, the Government has never imposed any penalty although there is an explicit provision in this regard in the law.
As per the provisions of Jammu and Kashmir Public Men and 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 in the month of January every year and shall state the reasons for increase, if any, in the assets and source thereof.
“However, only certain sections of the Government servants like IAS and KAS officers are submitting annual property returns although not within the prescribed time-frame while as down the line in the hierarchy there is no compliance to the law at all”, official sources told EXCELSIOR.
“No doubt, heads of certain departments issue instructions whenever the last date (January 31) for submission of annual property returns approaches every year but still the compliance remains dismal mainly because the Government only warns of strict action under the rules and pays scant attention towards implementation aspect”, sources informed.
They disclosed that till date no action has been taken against any Government servant for non-adherence to the law although the Act clearly states: “If any Government servant without any reasonable cause which he/she shall be required to show, 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. However, no proper mechanism has been put in place by the Government till date for strictly following this provision of the law, sources said.
“Moreover, the Government never tried to hold the Heads of the Departments responsible for non-submission of mandatory property returns by the employees of their departments as a result of which the law aimed at checking possession of assets disproportionate to the income has largely remained unimplemented”, they further said.
They said, “the most shocking aspect is that even after detection of disproportionate assets by the Anti-Corruption Bureau in respect of a number of corrupt employees the Government has failed to ensure strict compliance to the provisions of the J&K Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983”, adding “the strict implementation of this law would go a long way in checking corrupt practices among the Government servants”.
As per the Act, 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.
“Any transfer effected by a public servant without the previous permission shall be null and void and no person shall be deemed to have acquired any right therein. Moreover, no Government servant, whether on leave or in active service shall practise, any profession or carry on any trade or business, directly or indirectly or undertake any other employment without the previous permission in writing of the prescribed authority”, the Act further states.
According to the Act, any public servant who contravenes these provisions shall be guilty of committing criminal misconduct and shall be punished under Prevention of Corruption Act.
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