With chief ministers and other ministers in states and Union territories — having assemblies — largely not adhering to the code of conduct on declaration of assets by ministers, Centre has recently given a fresh push for compliance by asking states to ensure the code is adhered to, reports Times of India.
The code of conduct for chief ministers and state ministers is almost on a par with what is being observed by central ministers, which requires them to disclose to the Prime Minister details of “assets and liabilities” and of “business interests”. It is another matter that several ministers fail to update their declarations every year. Besides expecting CMs and ministers to declare their assets and liabilities for the previous year by August 31 every year, the code of conduct also expects them to ensure that they and their families do not start or participate in business concerns, engaged in supplying goods and services to the government.
A formal note to this effect was sent by the Union home ministry to all states and UTs of Delhi and Puducherry in December, asking them to adhere to the revised code the way it is being observed by ministers at the Centre. While the PM and the Union home minister are the authorities for ensuring the observance of the Code of Conduct by chief ministers, the CMs will be the authority for ministers in states/UTs.
According to the code, ministers and CMs have been asked to refrain from buying or selling to government any immovable property except where such property is compulsorily acquired by the government in the normal course for urgent works of larger public interest. Similarly, the ministers are not supposed to accept valuable gifts except from their close relatives. Accordingly, they and their family members — wife, minor children and any other person related by blood or marriage and persons wholly dependent on them — are not expected to accept any gifts at all from any person with whom they may have official dealings. The code, however, states that a minister may receive gifts when he goes abroad or from foreign dignitaries in India.
An official said, “Receiving such gifts is allowed as these are symbolic in nature like ceremonial robes or replica of some monuments etc.” According to the Code of Conduct, such gifts fall in two categories. The first category will include gifts which are of symbolic nature and can be retained by the recipients.
“The second category of gifts would be those which are not of symbolic nature. If its value is less than Rs 5,000, it can be retained by the minister. If, however, there is any doubt about the estimated value of the gift, the matter should be referred to the Toshakhana (government store) for valuation,” says the Code of Conduct for CMs and ministers. If value of the gift is found to be within the prescribed limit of Rs 5,000, the gift will be returned to the minister. If it exceeds Rs 5,000, the recipient will have the option to purchase it from Toshakhana by paying the difference between the value assessed and Rs 5,000.
The code expects ministers that they should not personally or through their family members accept contribution for any purpose, whether political, charitable or otherwise. Besides, all Union ministers, CMs and ministers in states should not permit their spose and dependents to accept employment under foreign government in India or abroad without prior approval of the PM.
