Which among these is the prescribed guidelines for conducting an action
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Answer:
(1) General instructions regarding submission of the return for immovable property-House-building is clearly a transaction in immovable property-‘prescribed’ authorities, who would exercise authority-returns to be treated as secret and kept along with character rolls.
Under sub-rule 3 of Rule 15 of the Central Civil Service (Conduct) Rules, 1955 (now Rule 18 of 1964 Rules) every member of Class I (Group A) and Class II (Group B) services shall, on first appointment to Government service and thereafter at intervals of 12 months, submit a return of immovable property 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. It has been decided that this return shall be submitted in the form (Annexure) attached to this Office Memorandum, to the authority prescribed in Explanation (a) to sub-Rule 15 (1) [now Rule 18 (2)] of these rules within a month of their appointment and subsequently in the month of January every year. The initial return should show the position as on the date of their appointment and subsequent returns as on the 1st January of the year in which they are submitted. In the case of persons already in service, the first return, if one has not already been submitted, shall indicate the position as on the 1st January, 1956.
2. These returns shall be treated as secret and shall, after such scrutiny as may be considered necessary, be kept in the custody of the authority which maintains the Character rolls of the officers concerned; they should not, however, be filed in the Character roll itself, but kept separately.
3. Reference is invited to Explanation (a) (i) under rule 15 (1) [now Explanation I (2) of Rule 18] of the Central Civil Services (Conduct) Rules, 1955. The question has been raised as to which authority in Government should appropriately exercise the functions of the prescribed authority as mentioned in this Explanation. In respect of Class I (Group A) officers intended to man posts in or under more than one Ministry, the Ministry administratively concerned with the post or service of which the Government servant is a member, should act as the prescribed authority in this connection. In the latter case, the functions of the prescribed authority would be discharged by the Ministry which controls the service in question. An instance of a service of this nature is the Central Secretariat Service which is controlled by the Home Ministry but is intended to man posts in and under the various Ministries. For a Class I (Group A) officer of this service, therefore, the prescribed authority for purposes of Rule 15 (Now rule 18) would be the Ministry of Home Affairs. In the case of Class II and Class III (Group B and Group C) officers of this and such other services, however, Explanation (a) (ii) and (a) (iii) would apply and the functions of the prescribed authority would be discharged by the Head of the Department or the Head of the Office in which he is for the time being employed, as the case may be.
4. A question has also been asked whether construction of a house requires the previous knowledge or sanction, as the case may be, of the prescribed authority under rule 15 (now Rule 18) of the Conduct Rules. Since such construction results in the acquisition of an immovable property, the provisions of this rule are clearly attracted. A Government servant should, therefore, report to, or seek the permission of, the prescribed authority as the case may be, before commencing the construction of, or addition to, any building.
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