Uttar Pradesh act 029 of 1975 : The UTTAR PRADESH MINISTERS AND LEGISLATORS (PUBLICATION OF ASSETS AND LIABILITIES) ACT, 1975

Section 1.Sort title

1. This Act may be called the Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Act, 1975.

Section 2.Definitions

2. In this Act, unless the context otherwise requires-

(a) "assets", in relation to any person, mean-

(i) his right title or interest in immovable properties whether as owner mortgagor, lessor, lessee or otherwise;

(ii) his right, title or interest in any business, trade or industrial or commercial venture, whether conducted with profit motive or not;

(iii) any sum or money (in excess of five thousand rupees) kept in cash;

(iv) bank balances, including fixed deposit;

(v) shares, stocks, debentures and other securities;

(vi) motor vehicles, as defined in the Motor Vehicles Act, 1939;

(vii) insurance policies;

(viii) jewellery (other than rings, ear-rings, bangles, buttons, cufflinks, watches, watch straps and like articles which such person normally wears every day).

(b) "family", in relation to a Minister or legislator means his or her-

(i) spouse (not being a judicially separated spouse);

(ii) minor children ; and

(iii) any other person related to him or her, whether by blood or marriage and wholly dependent on him or her;

(c) "legislator" means a member of either House of the Uttar Pradesh State Legislature and includes a Minister who is such a member;

(d) "liability" in relation to any person, does not include a liability to the extent of an amount not exceeding five thousand rupees;

(e) "Minister" means a member of the Uttar Pradesh Council of Ministers;

(f) "Secretary", in relation to a legislator, means the Secretary of the House of the State Legislature of which he is member, and in relation to a Minister who is not a legislator, means the Secretary of the Legislative Assembly.

Section 3.Duty of Ministers and Legislators to submit statement of properties

3. (1) Every Minister or legislator shall, within a period of three months from seventh day of June, 1975 furnish to the Secretary a statement in the form set out in the First Schedule of all his assets and liabilities and the assets and liabilities of members of his family as on the said date.

(2) Every person appointed as Minister or elected or nominated as a legislator after the said date shall furnish to the Secretary the statement referred to in sub-section (1) within a period of three months from the date of such election, nomination or appointment, as the case may be.

(3) Every person ceasing to hold office as Minister or legislator shall furnish a like statement of assets and liabilities as on the date of cessation within three months from such date.

Section 4.Annual statement of Acquisition and Disposals

4. Every Minister or legislator shall, throughout the term of his office furnish to the Secretary on or before the thirtieth day of June every year, a statement in the form set out in the Second Schedule, of all assets acquired or disposed of or liabilities incurred by him and also by any member of his family during the preceding financial year.

Explanation I- If neither such person nor any member of his family has acquired or disposed of any asset or incurred any liability during a particular year a ‘nil’ statement shall nevertheless be submitted by him under this section.

Explanation II- For the purposes of this section, the expression "acquired" in relation to any assets, means its acquisition by purchase, gift, bequest, lease, exchange, mortgage, partition or family settlement.

Section 5.Corrections

5. Where any person who has furnished a statement under section 3 or section 4 subsequently discovers any omission or mistake in such statement he may furnish a statement to the Secretary giving details of the correction he desires to be published. Such statement shall be accompanied by a declaration in the form set out in the First Schedule.

Section 6.Publication of statement in the Gazette

6. (1) The Secretary shall, as soon as may be, after the end of the period referred to in ¹[***] section 3 and every year after the end of the period referred to in section 4 publish in the Gazette in the form set out in the Third Schedule all the statements as furnished to him and also the names of all Ministers and legislators from whom no such statements were received by him within time.

(2) The Secretary shall also publish in the Gazette every statement furnished to him ¹[***] under section 5, as soon as may be, after he receives them.

(3) If the Secretary subsequently receives any statement from any Minister or legislator who had failed to furnish the same within the period mentioned in section 3 or section 4 he shall publish the same in the Gazette with a note that the same was received by him after the expiration of the said period.

1. Omit by sec. 2 of U. P. Act No. 17 of 1981.

Section 7.Proof of statement or declaration before any court or authority

7. (1) A statement or declaration furnished to the Secretary under section 3, section 4, section 5 or sub-section (3) of section 6 may be proved in any Court or before any authority by production of a copy of the Gazette in which it has been published under section 6.

(2) The Secretary or any other member of the secretarial staff of any House of the Legislature shall not ordinarily by summoned or required to produce the original statement or declaration or to prove any other fact in connection therewith.

(3) Where a Court or other authority, for reasons to be recorded, considers the production of the original statement or declaration to be necessary, a letter of request shall be sent by it to the Speaker of theLegislative Assembly or the Chairman of the Legislative Council, as the case may be, for leave of the House to have the original statement or declaration produced before such Court or authority through a member of the secretarial staff of the House who may thereupon be examined as a witness.

Section 8.Protection of action taken in the Act

8. No suit, prosecution or legal proceeding shall lie against the State Government or against the Secretary or against any other person for anything done or intended to be done and in particular for the publication of any matter in pursuance of the provisions of this Act.

Section 9.Repeal and Savings, U. P. Ordinance No. 15 of 1971

9. (1) The Uttar Pradesh Ministers and Legislators (Publication of Assets and Liabilities) Ordinance, 1975, is hereby repealed.

(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act as if this Act had come into force on 7th June, 1975.