September 11, 2012

Rules regarding Purchase / Sale / Transfer of Property




This post is aimed at providing a quick reference (primarily) to the rules governing employees of the Government of West Bengal for purchase/transfer etc of House / Flat etc or other properties. The West Bengal Services (Duties, Rights and Obligations of the Government employee) Rules, 1980 in Rule 5(2) clearly states the do's and don'ts in this regard. The same is underlined below under the head 'OBLIGATIONS'. 


The West Bengal Government Servants Conduct Rules, 1959, were repealed by  the West Bengal Services (Duties, Rights and Obligations of the Government employee) Rules, 1980 , and shall apply to all employees of the Government of West Bengal except persons appointed to any All India Service and members of the police and Jail staff.
DUTIES
Every Govt. Servant shall bear in mind that he is a public servant. He should be courteous to public and his colleagues. He should quickly and faithfully discharge his duties assigned to him as a public servant. During discharge of his said duties he should rise above all personal, political and other considerations and maintain integrity, impartiality and devotion to duty. He should practice, promote and encourage collective functioning and take personal initiative in efficient discharge of his duties. Every Govt. servant except Gr. D employee should submit assets statement every year.
RIGHTS
Every Govt. servant shall have the right to form associations / unions / federative bodies of the employee. He shall enjoy full democratic rights except those which are prohibited under the law of land. He should not be a member of any political party. Every Government employee shall have full trade union rights including right to strike under certain stipulations. The right to strike shall not, however, be available to the members of the W.B.C.S. (Executive & Judicial) and other allied executives, administrative, medical, engineering and educational services.
OBLIGATIONS
  1. No Government employee shall commit any misconduct as laid down in Prevention of Corruption Act, 1947.
  2. No Government employee shall except with prior sanction of the appointing authority, acquire or dispose of any immovable property by lease, mortgage, sale, gift or otherwise either in his own name or in the name of any member of his family where such transactions is conducted otherwise than through a regular or reputed dealer. The same condition shall apply in the case of sale or purchase of movable property exceeding Rs. 10,000 in value.
  3. No Government employee shall lend money to or obtain load from any member of the public, business house or a trader with whom he has to deal in his official capacity either directly or indirectly. Co-operative Society does not come within the purview.
  4. No Government employee shall contract second marriage.
  5. No Government employee shall engage any subordinate for any private, domestic or personal service or for any purpose other than official business.
  6. No Government employee shall use or permit any other persons to use Government vehicle or a safe or any other Government property for any purpose other than official business.
  7. No Government employee shall except in accordance with general or special orders of the Government communicate directly or indirectly to officials not concerned or non official person or to the press any secret document or information that may come to his knowledge in course of his public duties.
  8. No Government employee shall violate any law relating to intoxication, drinks or drugs consume during the course of his duty and or in any public place.
  9. No Government employee shall accept directly or indirectly any gift more than trifling value. Gift in conformity with religious or social customs shall not come within the purview of this.
  10. No Government employee shall accept any service or employment while on leave.
  11. No Government employee shall engage in trade or undertake any employment other than his public duties. Honorary work of social and charitable nature or co-operative societies shall not come within the purview of this.
A copy of the West Bengal Government Servants Conduct Rules, 1959 is placed below :
West Bengal Services (Duties, Rights and Obligations of the Government employee) Rules, 1980