Circular regarding permission to be taken by govt.of w.b. employees to buy flat.
K.K.Ganguly
(Querist) 18 August 2012
This query is : Resolved
Would the Ld. Experts kindly advise.
1) One employee of Govt. of W.B. acted as a part time Manager cum broker cum financier to a small time builder at Kolkata from whom he had purchased a flat in the year 2003 but took possession only without registering the same. The reason for not registering is that he has not taken permission to buy the flat from Govt. of W.B., his employer. He had also purchased another flat from other builder by taking loan from Bank .
2) Now he has forged other documents to claim two flats & filed a complaint case before Consumer Forum.
My question is:
a) Is there any such circular by which an employee of Govt. of West Bengal has to take permission for buying residential flat?
b) If yes, can a reference for the same be provided please?
c) If a person already has two flats & one ancestral house & wants to buy another flat will he be called a consumer, even if he is likely to buy it for reselling?
d) If there is no signature of the complainant any where on the agreement for sale as buyer & only the builder has signed it, since it was meant to be a dummy agreement, can it now be called a valid agreement without the signature of the buyer & witnesses.
e) While inspecting the original, it was found that the complainant has signed on the original agreement for sale after filing the case submitting the copy of the agreement wherein his signatures did not feature. What should be done now.
Sudhir Kumar, Advocate
(Expert) 18 August 2012
You question :-
a) Is there any such circular by which an employee of Govt. of West Bengal has to take permission for buying residential flat?
Ans : Such issues are governed by service rules and not by circular. Generally Govt employees are required to intimate the financial transaction to employer within stipulated time. If the transaction is with the person with whom he has official relations then prior permission is needed.
Exact rule position may be seen from West Bengal Service (Duties, Rights and Obligations) Rules 1980
b) If yes, can a reference for the same be provided please?
Ans : an article on the subject can be seen at http://sdobishnupur.gov.in/Acts%20and%20Rules/Dictionery/2231.pdf
c) If a person already has two flats & one ancestral house & wants to buy another flat will he be called a consumer, even if he is likely to buy it for reselling?
Ans : Yes. Consumer Protection Act has no such stipulation.
d) If there is no signature of the complainant any where on the agreement for sale as buyer & only the builder has signed it, since it was meant to be a dummy agreement, can it now be called a valid agreement without the signature of the buyer & witnesses.
Ans : Apparently No.
e) While inspecting the original, it was found that the complainant has signed on the original agreement for sale after filing the case submitting the copy of the agreement wherein his signatures did not feature. What should be done now.
Ans : consult nearest available advocate with the said paper to see if it is a forgery case.
Guest
(Expert) 18 August 2012
Being a Government employee, he cannot do any business or accept part time employment with any other person, firm, company/ organisation under the provisions of conduct rules for the WB Government employees.
A Government employee is also bound to take permission of his employer for acquiring any immovable property from his employer, as per the provisions of said conduct rules.
However, if he is in agreement for acquisition of any property with the builder, unless the agreement specifically stipulates his intent to resell the property, he becomes a consumer of the builder in terms of the Consumer Protection Act. Any property in any capacity in his possession has no relevance with the agreement with the builder.
