Jammu and Kashmir Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983

No: 5 Dated: Mar, 19 1983

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

(Act No. V of 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 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 father, 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 or the Chairman as the case may be,

(ii) a public man referred to in sub-clause (iii) and (iv) of clause (e) of this section means the Government;

(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 either House of the State Legislature;

(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 Committee or Notified Area Committee.

(f) 'public servants' means the public servant as defined in section 21 of the State Ranbir Penal Code 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.