The JAMMU AND KASHMIR PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS AND OTHER PROVISIONS ACT, 1983

PUBLIC MEN AND PUBLIC SERV ANTS
DECLARATION OF ASSETS AND
OTHER PROVISIONS ACT, 1983
(Act No. V of 1983)
THE JAMMU AND KASHMIR PUBLIC MEN AND PUBLIC
SERVANTS DECLARATION OF ASSETS AND OTHER
PROVISIONS ACT, 1983
(Act No. V of 1983)
CONTENTS
SECTION.
1. Short title and extent.
CHAPTER I
2. Definitions.
CHAPTER II
Declaration of Assets by public Men
3. Declaration of assets and submission of annual returns by public
men.
4. Custody and availability of returns.
5. Penalty for non-submission of returns.
6. Penalty for submission of false returns.
7. Disqualification for being guilty for corrupt practices.
8. Decision on the question of disqualification.
CHAPTER III
Declaration of assets by Public Servants
9. Declaration of assets and submission of annual returns by Public Ser-
vants.
10. Custody and availability of returns.
SECTION.
11. Penalty for non-submission of returns.
CHAPTER IV
Restriction on Property and Trade
12. Restriction to acquire and transfer property.
13. Restriction on trade and business.
14. Penalty for contravention of section 12.
15. Penalty for contravention of section 13.
CHAPTER V
Miscellaneous
16. Power to make rules.
17. Repeal and saving.
–––––––
PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS 239
AND OTHER PROVISIONS ACT, 1983
THE JAMMU AND KASHMIR PUBLIC MEN AND PUBLIC
SERVANTS DECLARATION OF ASSETS AND OTHER
PROVISIONS ACT, 1983
(Act No. V of 1983)
[Received the assent of the Governor on 18th of March, 1983 and is
hereby published in Government Gazette dated 19th March, 1983].
An Act to provide for declaration of assets of public men and public
servants and to regulate the conditions of service of the public servants and
also for matters connected therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-
fourth Year of the Republic of India as follows :––
1. Short title and extent. ––(1) This Act may be called the Jammu and
Kashmir Public Men and Public Servants Declaration of Assets and other
Provisions Act, 1983.
(2) It extends to the whole of the *[Jammu and Kashmir State].
CHAPTER I
2. Definitions.–– In this Act, unless the context otherwise requires :––
(a) “assets” includes all properties both movable and immovable ;
(b) “family member” means the wife or husband as the case may be,
and includes father, mother, step mother, grand father, grand mother,
brother, sister, children, step-children, adopted daughter, adopted
son and any other person related whether by blood or marriage, if
wholly dependent on the public man or the public servant, as the
case may be ;
(c) “prescribed authority” in relation to––
(i) a public man referred to in sub-clause (i) and (ii) of clause (e)
of this section means the Speaker 
1
[x x x x],
(ii) a public man referred to in sub-clause (iii) and (iv) of clause
(e) of this section means the Government ;
* Now Union territory of Jammu and Kashmir.
1. Words “or the Chairman as the case may be” omitted by S.O. 1229(E) dated 31.03.2020.
240 PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS
AND OTHER PROVISIONS ACT, 1983
(iii) (a) a public servant of Gazetted rank means Government ;
and
(b) other public servants holding any post means the Head
of the Department concerned ;
(d) “property” means movable and immovable property and includes
bank deposits, securities, debentures and shares ;
(e) “Public man” means a person who is––
(i) a member of 
1
[Legislative Assembly of the Union territory of
Jammu and Kashmir] ;
(ii) a member of the Council of Ministers (including a Minister of
State) ;
(iii) a member of the Municipal Council or Town Area Committee
or an elected member of a Notified Area Committee ;
(iv) a Chairman of the Municipal Council or Town Area Commit-
tee or Notified Area Committee ;
(f) “public servants” means the public servant as defined in section
21 of the 
2
[Indian Penal Code (45 of 1860)] but does not include a
public man as defined in this Act ;
(g) “return” means the inventory of assets;
(h) “transfer” includes sale, gift, bequest and exchange.
CHAPTER II
Declaration of Assets by public Men
3. Declaration of assets and submission of annual returns by public
men. ––(1) Every public man shall submit to the prescribed authority a return
of all the assets possessed by him and his family members within three months
after he becomes a public man.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “either House of the State Legislature”.
2. Substituted ibid for “State Ranbir Penal Code”.
PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS 241
AND OTHER PROVISIONS ACT, 1983
(2) It shall be incumbent on the part of every public man to submit annual
returns of the assets held by him and his family members in the month of January
every year and shall state the reasons for increase if any, in the assets and source
thereof. The annual return shall be in such form as may be prescribed by rules
framed under this Act :
Provided that in the case of a person who was a public man or 21st January,
1983, it shall also be incumbent for him to submit a return within four months
from the said date of all the assets possessed by him and his family members at
the time of his becoming such public man and of the assets possessed by him
and his family members on the said date.
4. Custody and availability of returns.–– The returns after scrutiny shall
be kept under the custody of the prescribed authority who shall maintain it in
such manner as may be prescribed.
5. Penalty for non-submission of returns.–– If any public man without
any reasonable cause which he may be required to show, fails to submit the
return annually he shall cease to be a member of the 
1
[Legislative Assembly of
the Union territory of Jammu and Kashmir] and the Council of Ministers or
Municipal Council, Town Area Committee and Notified Area Committee and to
be a Chairman of the Municipal Council or Town Area Committee or Notified
Area Committee as the case may be.
6. Penalty for submission of false returns.–– If any public man submits a
false return, he shall be liable to punishment under section 193 of the 
2
[Indian
Penal Code (45 of 1860)].
7. Disqualification for being guilty for corrupt practices.–– A public
man shall be disqualified for being chosen as, and for being a member of the1
[Legislative Assembly of the Union territory of Jammu and Kashmir] or a
Municipal Council or Town Area Committee or a Notified Area Committee, if
from the scrutiny of his returns it is found that his action or conduct as such
public man has caused loss to the State Exchequer or has in any way abused or
misused his position as such public man in the matter of acquisition of any
property or by undue pecuniary gain to himself or to his family members.
8. Decision on the question of disqualification.–– For the purposes of
sections 5and 6 if any question arises as to whether a public man has become
subject to any disqualification mentioned in these sections the question shall
be decided––
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State Legislature”.
2. Substituted ibid for “State Ranbir Penal Code, Samvat 1989”.
242 PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS
AND OTHER PROVISIONS ACT, 1983
(a) in the case of public man referred to in sub-clauses (i) and (ii) of
clause (e) of section 2,in accordance with the provisions con-
tained 
1
[in the Jammu and Kashmir Reorganisation Act, 2019 (34
of 2019)] ; and
(b) in the case of other public man, by the prescribed authority after
giving the public man an opportunity of being heard.
CHAPTER III
Declaration of assets by Public Servants
9. Declaration of assets and submission of annual returns by Public
Servants. ––(1) Every public servant shall submit to the prescribed authority a
return of all assets possessed by him and his family members within three
months after he becomes a public servant.
(2) It shall be incumbent on the part of every public servant to submit
annual returns of the assets held by him and his family members in the month
of January every year and shall state the reasons for increase, if any, in the
assets and source thereof. The annual return shall be in such form as may be
prescribed by rules framed under this Act :
Provided that where––
(a) a public servant has submitted his annual return before 21st January,
1983 for the year 1982 as so required under any rule for the time being
in force, such return shall be deemed to be an annual return submitted
under this section ;
(b) a public servant has not submitted such annual return on or before
21st January,1983, he shall submit it within two months after the
said date.
2
[Explanation.––For the purposes of this Chapter, the words “ Public Servant”
does not include a public servant of Class III and Class IV
category.]
10. Custody and availability of returns.–– The returns after scrutiny
shall be kept under the custody of the prescribed authority who shall maintain
it in such manner as may be prescribed.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “in section 70 of the Constitution of
Jammu and Kashmir”.
2. Explanation inserted by Act XXIX of 1997, s. 2.
PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS 243
AND OTHER PROVISIONS ACT, 1983
11. Penalty for non-submission of returns.–– If any public servant with-
out any reasonable cause which he shall be required to show, fails to submit
the returns annually, he shall be guilty of committing criminal misconduct as
specified in clause (e) of sub-section (1) of section 5 of the 
1
[Prevention of
Corruption Act, 1988 (49 of 1988)], and shall be punishable under the said Act.
CHAPTER IV
Restriction on Property and Trade
12. Restriction to acquire and transfer property. ––(1) No public servant
shall in his own name or in the name of any of his family member acquire or
transfer any 
2
[immovable property] unless he has obtained permission in writ-
ing, from the prescribed authority :
3
[Provided that the acquisition or transfer of movable property shall be
brought to the notice of the prescribed authority where value of such property
exceeds the limit prescribed by the Government.]
(2) Notwithstanding anything contained in any other law, 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.
13. Restriction on trade and business.–– No public servant, whether on
leave or in active service shall practise any profession or carry on any trade or
business, directly or undertake any other employment without the previous
permission in writing of the prescribed authority.
14. Penalty for contravention of section 12.–– Any public servant who
contravenes the provisions of section 12 of this Act, shall be guilty of commit-
ting criminal misconduct and shall be punished under section 5 of the 
1
[Pre-
vention of Corruption Act, 1988 (49 of 1988)].
15. Penalty for contravention of section 13.–– Any public servant who
contravenes the provisions of section 13 of this Act, shall be liable to punish-
ment under section 168 of 
4
[Indian Ranbir Penal Code (45 of 1860)].
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Prevention of Corruption Act, Samvat
2006”
2. Substituted for the word “property” by Act XXIX of 1997, s. 3.
3. Proviso inserted ibid.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “State Ranbir Penal Code”.
244 PUBLIC MEN AND PUBLIC SERVANTS DECLARATION OF ASSETS
AND OTHER PROVISIONS ACT, 1983
CHAPTER V
Miscellaneous
16. Power to make rules. ––(1) The Government may, by notification in
the 
1
[Official Gazette], make rules for the purpose of carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing
provisions of this Act, such rules may provide for all or any of the following
matters, namely :––
(a) the form in which receipt shall be furnished by the prescribed
authority in respect of receipt of a return ;
2[(a-1) the value and other details of the movable property which a public
servant shall be required to bring to the notice of the prescribed
authority] ;
(b) any other matter which is to be or may be prescribed.
(3) Every rule under this Act, shall be laid, as soon as may be after it is
made, before 
3
[Legislative Assembly of the Union territory of Jammu and
Kashmir], while it is in session for a total period of thirty days which may be
comprised in one session or more successive sessions, and if before the
expiry of the said period 
4
[Legislative Assembly of the union territory of
Jammu and Kashmir] agree in making any modification in the rule or 
4
[Legis-
lative Assembly of the Union territory of Jammu and Kashmir] agree that
rules should not be made, rule shall thereafter have effect only in such modi-
fied form or be of no effect, as the case may be.
17. Repeal and saving. ––(1) The Jammu and Kashmir Public Men and
Public Servants Declaration of Assets and other Provisions Ordinance, 1983
(I of 1983) is hereby repealed.
(2) Notwithstanding such repeal, anything done, any action taken
including any rules or order made, notification issued under the said Ordinance,
shall be deemed to have been done, taken, made or issued under this Act as if
this Act had come into force on the 21st of January, 1983.
–––––––
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
2. Clause (a-1) inserted by Act XXIX of 1997, s. 4.
3. Substituted by S.O. 1229(E) dated 31.03.2020 for “either House of the State Legislature”.
4. Substituted ibid for “both Houses”.

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