Chapter XIII DECLARATION OF ASSETS

Declaration of Assets. 45.

1. (1) Every public servant shall make a declaration of his assets and liabilities in the manner as provided by or under this Act.
2. (2) A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to –
   • (a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries;
   • (b) his liabilities and that of his spouse and his dependent children.
3. (3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub- section (2), to the competent authority within thirty days of the coming into force of this Act.
4. (4) Every public servant shall file with the competent authority, on or before the 31st July of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st March of that year.
5. (5) The information under sub-section
6. (2) or sub-section (3) and annual return under sub-section
7. (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.
8. (6) The competent authority in respect of each Department shall ensure that all such statements are published on the website of such Department by 31st August of that year. Explanation.—For the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.

Presumption as to acquisition of assets by corrupt means in certain cases. 46. If any public servant willfully or for reasons which are not justifiable, fails to –

1. (a) declare his assets; or
2. (b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished, then, such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means: Provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed.