Jammu & Kashmir Government has asked employess to take permission before buying of property.
A communication in this regard available with reads as “In terms of Section 12(1) of the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983 read with the proviso below the said sub section, 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 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.
Also, Government instructions below Rule-9 of the Jammu and Kashmir Employees (Conduct) Rules, 1971 provide that transactions regarding immoveable and moveable property require. previous/prior sanction of the prescribed authority.
The aforesaid rule position makes it clear that seeking grant of ex-post facto permission for purchase of immoveable property renders the rules ineffective and needs to be discouraged forthwith. It is, therefore, enjoined upon all the Government employees to adhere to the provisions contained in the Jammu and Kashmir Public Men and Public Servants Declaration of Assets and other Provisions AWRules and Jammu and Kashmir Employees Conduct Rules, 19 seeking permission for acquiring moveable and lmmoveable pr case may be, in letter and spirit.”