SUMAN K SHRIVASTAVA
Ranchi, April 29: The legal battle over misusing his official position or violating the provisions of the office of profit by Chief Minister Hemant Soren in getting a mining lease might be finally fought in a court of law, the Code of conduct for ministers (both Union and State) adopted by the Government of India clearly tells them to refrain from starting, or joining any business and sever connections from the business which primarily depends on licenses, permits, quotas, leases, etc., received or to be received from the Government.
And this has to be done, according to the code, within two months of entering office as a minister.
The code says that a person, within a period of two months from the date of assumption of office, shall: a) disclose to the Prime Minister, or the Chief Minister, as the case may be details of the assets and liabilities, and of business interests, of himself and of members of his family. The details to be disclosed shall consist of particulars of all immovable property and the total approximate value of (i) shares and debentures, (ii) cash holdings and (iii) jewellery.
The authority for ensuring the observance of the Code of Conduct will be the Prime Minister in the case of Union Ministers, the Prime Minister and the Union Home Minister in the case of Chief Ministers, and the Chief Minister concerned in the case of State Ministers. The said authority would follow such procedure as it might deem fit, according to the facts and circumstances of each case, for dealing with or determining any alleged or suspected breach of this Code.
Incidentally, Jharkhand Governor Ramesh Bais, a couple of days back, had met both Prime Minister Narendra Modi and Union Home Minister Amit Shah amidst the controversies over the mining lease gained by the Chief Minister.
According to the code, a minister will sever all connections, short of divesting himself of the ownership, with the conduct and management of any business in which he was interested before his appointment as Minister. He/she will also sever ties with a business concern that supplies goods or services to the Government concerned or to undertakings of that Government (excepting in the usual course of trade or business and at standard or market rates) or whose business primarily depends on licenses, permits, quotas, leases, etc., received or to be received from the Government concerned, divest himself of all his interests in the said business and also of the management thereof.
The code also says that he may transfer his interest in the management, and in the case of both ownership and management, to any adult member of his family or adult relative, other than his wife (or husband, as the case may be), who was prior to his appointment as Minister associated with the conduct or management or ownership of the said business.
“However, the question of divesting himself his interests would not arise in case of holding of share in public limited companies except where the Prime Minister, or the Chief Minister, as the case may be, considers that the nature or extent of his holding is such that it is likely to embarrass him in the discharge of his official duties,” the code adds.
Moreover, a minister will also ensure that the members of his family do not start, or participate in, business concerns, engaged in supplying goods or services to that Government (excepting in the usual course of trade or business and at standard or market rates) or dependent primarily on grant of licenses, permits, quotas, leases, etc., from that Government.
He is supposed to report the matter to the Prime Minister, or the Chief Minister as the case may be, if any member of his family sets up, or joins in the conduct and management of, any other business.
