whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets.

Landmark Decision:- whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets.

Government of India has taken a landmark decision whereby bureaucrats would be required to file details of their movable assets (bank account, shares, investment etc.) along with immovable assets. As per a news item that appeared in the Indian Express, Delhi edition, on 9th January, 2012, this decision is to be applicable from the current year.

This decision marks the culmination of the campaign launched by IRI wherein several letters had been addressed to the Hon’ble Prime Minister and the Cabinet Secretary since 2007 and in November 2009 some serving members of IRI belonging to the All India Services had taken the historic step to furnish details of their movable and immovable assets on the proforma suggested by IRI to the Cabinet Secretary and also post it on the web site in the public domain. Since then, under orders of the Chief Information Commissioner, now Government has come around to placing details of immovable property returns of All India Service Officers on the web site.

Background

Filing of Property Returns & its scrutiny

IRI noted in its deliberations during 2006-07 that there was an existing system of filing of property returns for public servants including MPs and MLAs. All MPs and MLAs were required to file their property returns every year to the Speaker but hardly ten percent of legislators complied with the aforesaid provision. There was no provision for penal action against defaulters.

The Election Commission of India directive to make all candidates file their property returns at the time of filing nominations and its posting on web site is not followed by any further investigation by any arm of Government. There is no penalty for filing incorrect or incomplete information in the affidavit. Likewise, All India Service Officers are required to file Annual Property returns but this pertains only to immovable property. Investments in shares/bonds/debentures, fixed deposits were not covered in the Annual Property Returns. There was also no system of public disclosure of property returns or to check if public servants were flouting AIS Conduct Rules. Income Tax department is concerned only with tax evasion and not whether public servant is holding property disproportionate to his known sources of income.

Against this backdrop, IRI had written to the Cabinet Secretary and the Chairman of the Second Administrative Reforms Commission that the system of filing property returns by officers of All India Services and their scrutiny should be suitably amended to include, inter alia, the following:

· Annual filing of returns of all assets (both movable and immovable)

· Form for filing property return could be similar to the one prescribed by the Election Commission for candidates with certain changes (draft form attached)

· Compulsory scrutiny of property returns by the Vigilance Officer in each Ministry / Department

· In case substantial changes are noticed by the Vigilance Officer, a copy of the property return could be forwarded to the Income Tax Department for further scrutiny and in cases where the Vigilance Officer notices ‘extra-ordinary’ changes, the same will be forwarded to the Income Tax, Chief Vigilance Commissioner and the like for further detailed scrutiny and action.

· All Vigilance Officers to send report to CVC including conclusion of further enquiry by Income Tax and other agencies.

· Annual property returns of all AIS officers should be put in the public domain – posted on the web site.

In this context, the present decision of the Central Government is a positive step in the right direction. Just as Association for Democratic Rights (ADR) is now analyzing the affidavits filed by the contesting candidates and the property returns of the Ministers and the Prime Minister and publishing the results of the same, it is expected that similar scrutiny would be undertaken by civil society groups in case of bureaucrats. It is expected that scrutiny and analysis of Property Returns of bureaucrats will slowly but surely usher in greater transparency and accountability and officers would have to account for all their assets. This is likely to be an important systemic change in the country’s fight against corruption, especially corruption at high places.





Indian Express: Monday, 09th January, 2012

Officers have to file moveable assets too

Shyamlal Yadav Posted: Mon Jan 09 2012, 03:23 hrs New Delhi: