The UTTAR PRADESH MINISTERS AND LEGISLATORS (PUBLICATION OF ASSETS AND LIABILITIES) ACT, 1975

Uttar Pradesh · state statute

Open in Lexace · Ask the AI about this act

1
THE UTTAR PRADESH MINISTERS AND LEGISLATORS
(PUBLICATION OF ASSETS AND LIABILITIES) ACT, 19751
[ U. P. ACT No. 29 of 1975 ]
Amended by
U. P. Act no. 17 of 1981
[Passed in Hindi by the Uttar Pradesh Legislative Assembly
on July 31, 1975 and by the Uttar Pradesh Legislative Council on
August 5, 1975.
Received the assent of the Governor on August 14, 1975
under Article 200 of the Constitution of India and was published in
the Uttar Pradesh Gazette Extraordinary, dated August 18, 1975. ]
AN
ACT
to provide for publication of statement of assets and of liabilities of
all Ministers and legislators and of the members of their families, and for
matters connected therewith —
IT IS HEREBY enacted in the Twenty -sixth Year of the Republic of
India as follows :
Sort title 1. This Act may be called the Uttar Pradesh Ministers and
Legislators (Publication of Assets and Liabilities) Act, 1975.
Definitions 2. In this Act, unless the context otherwise requires —
(a) “assets”, in relation to any person, mean —
(i) his right title or interest in immovable properties whether as
owner mortgagor, lessor, lessee or otherwise ;
(ii) his right, title or interest in any business, trade or industrial
or commercial venture, whether conducted with profit motive or not ;
(iii) any sum or money (in excess of five thousand rupees) kept in
cash ;
(iv) bank balances, including fixed deposit ;
(v) shares, stocks, debentures and other securities ;
(vi) motor vehicles, as defined in the Motor Vehicles Act, 1939 ;
(vii) insurance policies ;
(viii) jewellery (other than rings, ear -rings, bangles, buttons, cuff-
links, watches, watch straps and like articles which such person
normally wears every day).
(b) “family”, in relation to a Minister or legislator means his or
her —
——————————————————————————————————————————
1. For Statement of Objects and Reasons see the Uttar Pradesh Gazette Extraordinary, dated August 1, 1975.
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
2
(i) spouse (not being a judicially separated spouse) ;
(ii) minor children ; and
(iii) any other person related to him or her, whether by blood or
marriage and wholly dependent on him or her ;
(c) “legislator” means a member of either House of the Uttar
Pradesh State Legislature and includes a Minister who is such a
member ;
(d) “liability” in relation to any person, does not include a liability
to the extent of an amount not exceeding five thousand rupees;
(e) “Minister” means a member o f the Uttar Pradesh Council of
Ministers ;
(f) “Secretary”, in relation to a legislator, means the Secretary of
the House of the State Legislature of which he is member, and in
relation to a Minister who is not a legislator, means the Secretary of the
Legislative Assembly.
Duty of
Ministers and
Legislators to
submit
statement of
properties
3. (1) Every Minister or legislator shall, within a period of three
months from seventh day of June, 1975 furnish to the Secretary a
statement in the form set out in the First Schedule of all his assets and
liabilities and the assets and liabilities of members of his family as on
the said date.
(2) Every person appointed as Minister or elected or nominated
as a legislator after the said date shall furnish to the Se cretary the
statement referred to in sub -section (1) within a period of three months
from the date of such election, nomination or appointment, as the case
may be.
(3) Every person ceasing to hold office as Minister or legislator
shall furnish a like st atement of assets and liabilities as on the date of
cessation within three months from such date.
Annual
statement of
Acquisition
and Disposals
4. Every Minister or legislator shall, throughout the term of his
office furnish to the Secretary on or befor e the thirtieth day of June
every year, a statement in the form set out in the Second Schedule, of all
assets acquired or disposed of or liabilities incurred by him and also by
any member of his family during the preceding financial year.
Explanation I — If neither such person nor any member of his
family has acquired or disposed of any asset or incurred any liability
during a particular year a ‘nil’ statement shall nevertheless be submitted
by him under this section.
Explanation II — For the purposes of this section, the
expression “acquired” in relation to any assets, means its acquisition by
purchase, gift, bequest, lease, exchange, mortgage, partition or family
settlement.
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
3
Corrections 5. Where any person who has furnished a statement under
section 3 or section 4 subsequently discovers any omission or mistake
in such statement he may furnish a statement to the Secretary giving
details of the correction he desires to be published. Such statement
shall be accompanied by a declaration in the form set out in the First
Schedule.
Publication
of statement
in the
Gazette
6. (1) The Secretary shall, as soon as may be, after the end of the
period referred to in 1[***] section 3 and every year after the end of the
period referred to in section 4 publish in the Gazette in the form set out
in the Third Schedule all the statements as furnished to him and al so
the names of all Ministers and legislators from whom no such
statements were received by him within time.
(2) The Secretary shall also publish in the Gazette every
statement furnished to him 1[***] under section 5, as soon as may be,
after he receives them.
(3) If the Secretary subsequently receives any statement from any
Minister or legislator who had failed to furnish the same within the
period mentioned in section 3 or section 4 he shall publish the same in
the Gazette with a note that the same was received by him after the
expiration of the said period.
Proof of
statement or
declaration
before any
court or
authority
7. (1) A statement or declaration furnished to the Secretary
under section 3, section 4, section 5 or sub -section (3) of section 6 may
be proved in any Court or before any authority by production of a copy
of the Gazette in which it has been published under section 6.
(2) The Secretary or any other member of the secretarial staff of
any House of the Legislature shall not ordinari ly by summoned or
required to produce the original statement or declaration or to prove any
other fact in connection therewith.
(3) Where a Court or other authority, for reasons to be recorded,
considers the production of the original statement or decla ration to be
necessary, a letter of request shall be sent by it to the Speaker of the
Legislative Assembly or the Chairman of the Legislative Council, as the
case may be, for leave of the House to have the original statement or
declaration produced before such Court or authority through a member
of the secretarial staff of the House who may thereupon be examined as
a witness.
Protection of
action taken
in the Act
8. No suit, prosecution or legal proceeding shall lie against the
State Government or against the Secretary or against any other person
for anything done or intended to be done and in particular for the
publication of any matter in pursuance of the provisions of this Act.
Repeal and
Savings
U. P.
Ordinance
No. 15 of
1971
9. (1) The Uttar Pradesh Ministers and Legislators (Publication of
Assets and Liabilities) Ordinance, 1975, is hereby repealed.
——————————————————————————————————————————
1. Omit by sec. 2 of U. P. Act No. 17 of 1981.

[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
4
(2) Notwithstanding such repeal anything done or any action
taken under the said Ordinance shall be dee med to have been done or
taken under this Act as if this Act had come into force on 7th June,
1975.
THE FIRST SCHEDULE
Statement of Assets and Liabilities of Minister of Legislator 1[under section 3] of the
Uttar Pradesh Ministers and Legislators.
(Publication of Assets and Liabilities) Act, 1975 as on ——
1. Name ………………………………….…………………………………………………..
2. Address …………..……………………………………………………………………….
3. Whether Minister/M.L.A./
M.L.C. …………………………………………………………………………………….
4. If elected, state the name of the
constituency (in the case of nomination,
the fact of nomination,
be stated) ………………………………..……………………………………………….
FORM I
Particulars of agricultural land held by the Minister/Legislator or members of his family
—————————————————————————————————————————-
Serial The name of the recorded Description and Plot no. Area in Land
no. tenure -holder and in the situation or other acres Revenue
case of a member of identifica-
family, his relationship tion no.
with Minister or Legislator
————————————————————————————————————————— -
1 2 3 4 5 6
————————————————————————————————————————— -
————————————————————————————————————————— -
Note 1— Each item of agricultural land should be listed separately.
Note 2— Description and situation of the property should be such as to enable the
property and its boundaries to be clearly identified. Plot number and/or survey
member and the name of Village/Tahsil should invariably be mentioned.
——————————————————————————————————————————
1. Subs. by sec. 3 of U. P. Act No. 17 of 1981.

[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
5
FORM II
Particulars of immovable properties (other than agricultural land held by
Minister/Legislator or member of his family
————————————————————————————————————————— -
Serial Person in whose name Description Identification Nature of right, title
no. property stands and in and situation no. of bound- or interest (i.e.
the case of a member aries whether held as owner
of family, his relation- mortgagor, mortgagee
ship with the Minister lessor, lessee or in any
or Legislator other capacity)
————————————————————————————————————————— -
1 2 3 4 5
————————————————————————————————————————— -
—————————————————————————————————————————-
Note 1— Each item of the property should be listed separately.
Note 2 — Description and situation of the property should be such as to enable the
property and its boundaries to be clearly identified. Plot number and/or s urvey
member and the name of Village/Tahsil should invariably be mentioned.
—————
FORM III
Particulars of right, title or interest of Minister/Legislator or any member of his family in
any business, trade or industrial or commercial venture
—————————————————————————————————————————-
Serial Name, if any, of the venture or Location Nature and description of his
no. concern right, title or interest in it
—————————————————————————————————————————-
1 2 3 4
————————————————————————————————————————— -
————————————————————————————————————————— -
Note 1 — The deta ils of the right, title or interest of the Minister/Legislator or the
members of the family should separately be listed in column no. 4.
Note 2— In the case of family members, the relationship with the Minister/Legislator
should also be specified.
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
6
FORM IV
Particulars of movable properties owned or held by Minister or Legislator
————————————————————————————————————————— -
Serial Nature of Assets Approximate Remarks
no. amount or
value
————————————————————————————————————————— -
1 2 3 4
————————————————————————————————————————— -
1. Cash in hand (exceeding
Rs. 5,000)
2. Bank balances (with the
names of the Banks)—
(a) Fixed Deposit
(b) Saving Bank
(c) Current Account
(d) Post Office
(e) Public Provident Fund
(Post Office)
(f) Others
Rs.
3. Shares, stocks, debentures
and other securities (inclu-
ding units issued by the
Unit Trust of India)
4. Motor vehicles (with details
of make, model and regis-
tration no.)
5. Life Insurance Policies
(with details of Policy
no., whether Life Insu-
rance Corporation of
India or Postal Life In-
surance, yearly premium
and the insured amount)
6. Jewellery (total weight of
ornaments of each preci-
ous metal or stone may
be specified) —————————————————————————
Total Value …
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
7
FORM V
Particulars of movable properties owned or held by family members of Minister or
Legislator
A. Name of the family member …………………………………………………………
B. Related to Sri ……….. ………….. ……………. (Minister/M.L.A./M.L.C.)
C. Nature of the relationship ………. ……… . ……….. ……….. …………
————————————————————————————————————————— -
Serial Nature of Assets Approximate Remarks
no. amount or
value
————————————————————————————————————————— -
1 2 3 4
————————————————————————————————————————— -
1. Cash in hand (exceeding
Rs. 5,000)
2. Bank balances (with the
names of the Banks)—
(a) Fixed Deposit
(b) Saving Bank
(c) Current Account
(d) Post Office
(e) Public Provident Fund
(Post Office)
(f) Others
Rs.
3. Shares, stocks, debentures
and other securities (inclu-
ding units issued by the
Unit Trust of India)
4. Motor vehicles (with details
of make, model and regis-
tration no.)
5. Life Insurance Policies
(with details of Policy
no., whether Life Insu-
rance Corporation of
India or Postal Life In-
surance, yearly premium
and the insured amount)
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
8
6. Jewellery (total weight of
ornaments of each preci-
ous metal or stone may
be specified) —————————————————————————
Total …..
—————————————————————————————————————————--
Note— If there are more than one family member, a separate statement shall be
prepared for each such member
——————
FORM VI
Liabilities
————————————————————————————————————————— -
Serial Name of person liable Name of person to Nature of Present extent of
no. whom liable liability liability of
————————————————————————————————————————— -
1 2 3 4 5
————————————————————————————————————————— -
————————————————————————————————————————— -
DECLARATION
I ………………………………….., son of Sri ……………………………….………….,
solemnly declare that to the best of my kn owledge and belief, the information given in
this statement is correct and complete.
Place ………………………… …………………………..
Date ………………………... (Signature)
THE SECOND SCHEDULE
Statement under section 4 of the Uttar Pradesh Ministers and Legislators
(Publication of Assets and Liabilities ) Act, 1975, of all assets acquired or disposed of or
liabilities incurred during the financial year 197 …….. to …………197 .
1. Name of Minister/M.L.A./M.L.C.
or member of his family ……………………
2. Address ………………………………………
3. In the case of family member, relationship
with the Minister/M.L.A./M.L.C. ………………….
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
9
Part I
————————————————————————————————————————— -
Serial Description of Manner and date Name and address Amount of consi -
no. assets acquired of acquisition of person from deration, if any,
or disposed of disposal whom acquired for which acquired
or to whom dis- or disposed of
posed of
————————————————————————————————————————— -
1 2 3 4 5
————————————————————————————————————————— -
Rs.
———————————————————
Total value
————————————————————————————————————————— -
Part II
————————————————————————————————————————— -
Serial Name of person liable Person to Nature of Date on Approximate
no. whom liable liability which amount or
liability value of
was liability
incurred
————————————————————————————————————————— -
1 2 3 4 5 6
————————————————————————————————————————— -
Rs.
———————————————————
Total value
————————————————————————————————————————— -
Note— Separate statement should be filled in the case of each
Minister/Legislator or member of his family.
DECLARATION
I ………………………………….., son of Sri ……………………………….………….,
solemnly declare that to the best of my knowledge and belief, the information given in
this statement is correct and complete.
Place ………………………… …………………………..
Date ………………………... (Signature)
[The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975]
10
THE THIRD SCHEDULE
[Notification under section 6 of the Uttar Pradesh Ministers and Legislators
(Publication of Assets and Liabilities Act, 1975.]
Legislative Assembly/Legislative Council Secretariat
Dated, Lucknow ………………………………..
It is hereby published for public information that the following are the names
of members of the Uttar Pradesh Legislative Assembly/Council and such Ministers (as
are not members of either House of the State Legislature) from whom no statements of
assets and liabilities have been received for publication :—
[1. Here give names and constituencies, and in case of Ministers who are not
Legislators, the date of becoming Minister]
2. The statement received from members/Ministers are set out below for
public information :—
[Here statements furnished by each member shall be reproduced.]
Signature ——————————
Secretary.
Legislative Assembly/Council.
2

‹ Prev All Uttar Pradesh acts Next ›