Assets Disclosure by Public Officials: India

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Historical Information

Full Name and Date of Effectiveness:

All India Services (Conduct) Rules, 1968 and Central Services (Conduct) Rules. These are sets of rules, not laws, and cover many aspects of civil servants' conduct of which asset declaration is only one. The rules are supplemented by executive instruction

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

The All India Service Conduct rule was formulated in 1968, and amendments have since been made.

Does the Constitution mandate public officials to disclose their assets?

No

Coverage of Law/Rule

To what categories of civil servants or appointed officials is this law/rule applicable?

Each cadre of officials has its distinct set of rules. For example, the All India Service Conduct Rules is applicable to elite cadres of civil servants of Indian Administrative Service, Indian Police Service, and Indian Forest Service. Railway officials

To what categories of elected officials is this law/rule applicable?

Since the 2004 parliamentary election , all contestants for parliamentary seats have to file, along with their nomination papers, an affidavit listing movable and immovable property held by themselves and family members, as well as taxes filed by t

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

Usually, employees in Group D or those engaged in casual and unskilled jobs are not required to submit declarations though cases of disproportionate assets could be instituted against them as well

Do provincial and local employees follow the same or similar assets declaration law?

Most state governments have asset declaration rules and executive instructions similar to GOI as a part of the conduct rules. Local authorities are under administrative control of the provinces, and governed by laws a and rules applicable to provincial

Declaration Content

What kind of value of assets must be declared?

This is described in Rule 16. Immovable property must be declared. Also, the employee must inform government before acquiring or disposing immovable property. Movable property items above Rs. 15,000 needs to be shown separately. Shares, postal deposits, etc.

Is it necessary to include family members’ assets as well?

Not stated. According to Rule 16, the officer is required to submit a return of assets held by him in the name of a family member.

Filing Frequency & Method

Do civil servants need to file the information during first entry into public service? And, thereafter at what frequency?

Yes, and annually thereafter.

Can the declaration be filed electronically?

No

Declaration Processing

Which agency of government receives and processes public officials' assets declaration?

This is not specified in the rule. It is laid down in executive orders. The Department of Personnel and Training is the custodian of returns for the Indian Administrative Service, while the Home Ministry holds the returns of Indian Police Service officers

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

This is not stated in the rule.

How is the declaration's content verified?

Officials' sealed declarations remain in the custody of the authority that receives them. When complaints are received by the Vigilance Commissioner, he may ask the authority who has custody of the declarations for the release.

How long is the declaration record maintained?

The rule is silent on this issue. Separately, no misconduct charges can be filed after the employee retires, or after his resignation has been accepted.

Punishment for Breach

What is the punishment for not filing the declaration?

The rules do not mention any punishment for not filing a declaration. However, the lapse can be deemed to be presumptive ground under the Prevention of Corruption Act for initiating investigation into the official's assets.

What is the penalty for making inaccurate statements on this declaration?

These declarations remain sealed and unopened unless there is an allegation of misconduct against the officer and an appropriate agency starts investigating the misconduct.

Can an official be prosecuted for violating this law?

As there is no law, charges cannot be filed for violation . However, the annual statement of immovable property can be used to initiate action under the Prevention of Corruption Act.

Public Access to Declaration

Does the law/rule state that the public can access this information?

No. According to executive instructions officials' sealed declarations are not opened unless allegations against the officials require investigation.

If the law/rule mentions public access to this information, does it also state how the public can access this information?

Does not apply.