Himachal Pradesh Govt Debars Officers, Family Members From Buying Properties At Place Of Posting

In a significant move to curb abuse of power, the Congress government in Himachal Pradesh has debarred all officers, including Deputy Commissioners and SPs, besides their families, from buying assets in place of postings.

This virtually reverses the orders and relaxations granted to the officials during Virbhadra Singh's tenures as Chief Minister, particularly during his two terms in 1996 and 2012.

“The move is aimed to enforce complete transparency in the functioning of the government, checking abuse of power and corrupt practices in the governance. It’s vyavastha Parivartan precisely,” Chief Minister Sukhwinder Singh Sukhu told Outlook from Goa where he has gone to attend the wedding of Governor Rajendra Vishvanath Arlekar’s son.

Under new orders, 28 categories of officers have been barred from purchasing land, building, and immovable property in their name or in the name of their family members at the place of their posting ‘without the permission of the competent authorities’.

The officers, who are also transferred out, will also not be allowed to purchase land, building, and immovable property within the recent jurisdiction and the purchase deed will not be allowed to be registered in his/her name or in the name of his family member(s) within a period of two years from the date of relinquishing the charge of his/her post.

The Chief Minister said under the conduct rules, the officers were not permitted to buy properties –lands buildings or other immovable assets since 1964 at the place of their postings. However, the rules were relaxed in 1996 and 2012.

“The relaxations have now been withdrawn, bar reinforced,” said Sukhu

The government has also issued clear instructions to the revenue officials that no such land deed shall be registered.

The officials who have come under the ambit of the new orders include Divisional Commissioners, Deputy Commissioners, Additional Deputy Commissioners, SDMs, Tehsildars, Naib Tehsildars, Revenue staff in the rank of Patwaris and above, SPs, DSPs, Conservator of Forests, DFOs, Deputy Forest Rangers, Superintending Engineers, Executive Engineers, Assistant Engineers and Junior Engineers.

The list also covers Assistant Excise and Taxation Commissioners, Excise and Taxation Officers, Assistant Excise and Taxation Officers, Excise and Taxation Inspectors, District Food and Civil Supply Controllers, Assistant controllers, Weights and Measure Officers, General Managers, Managers, Mining Officers, Industrial Production Officers, Extension Officers of the Industries Department, BDOs, Social Education and District Planning Officers, JEs, panchayat secretaries, District Labour Officers, Labour Inspectors, Shop Inspectors and Food Inspectors.

The orders were issued by Deputy Secretary (Personnel) on behalf of the chief secretary to all administrative, heads of departments, Divisional Commissioners and Deputy Commissioners on February 8.

There were 28 categories of officers, including 21 categories of government officers and seven categories of municipal officers, on the ban list from Divisional Commissioner level to Junior Engineers.

“The then Virbhadra Singh-led Congress government vide modified instructions issued on February 15, 2016, had lifted the ban and provided that such officers can buy the land with prior permission of the government," said a senior official recalled.

“After careful consideration, it has now been decided to rescind the instructions issued vide the letter dated February 15, 2016, and to restore the instructions dated 12.01.1996, 16.08.1997 and 26.09.2012,” the official circular stated.

Naresh Chauhan, Principal Advisor (media) to Chief Minister, tells, “The government believes in utmost transparency. It is a known fact that if a DC or SP wants to buy any property in his/her area of jurisdiction, he can do it very easily at the lowest rates with help of revenue officials or anyone under him. This breeds corruption and results in abuse of power, including section 118 of HP Tenancy and Land Reforms Act 1972."

Strict compliance with the orders has been ordered, he says.