The Cabinet gave ex-post facto approval to a proposal to amend the Lokpal Act on Wednesday to exempt central government employees and NGOs executives from filing asset detials of their spouses and children. Parliament had on July 28 passed a bill to amend the Lokpal and Lokayuktas Act, 2013.

A meeting of the Union Cabinet, chaired by Prime Minister Narendra Modi, gave its ex-post facto approval for amendments to section 44 and consequential amendments to the Lokpal and Lokayuktas Act, 2013 by introducing the Lokpal and Lokayuktas (Amendment) Bill, 2016 in Parliament, a release issued by the government said.

“The approved amendments will address concerns and apprehensions expressed by different categories of public servants and addresses the difficulties being faced in implementing the provision of section 44 of the Lokpal and Lokayuktas Act, 2013. The amendments are in line with one of the recommendations of the standing committee,” it said.

As per old Lokpal rules, every public servant will file asset details, information and annual returns pertaining to his assets and liabilities, along with those of spouse and dependent children, as on March 31 every year on or before July 31 of that year. This was changed through the amendment bill to exempt spouse and children of public servants.

The declarations under the Lokpal law are in addition to those filed by the employees under various service rules. The last date for filing such declarations has been extended till December 31, 2016.

NGO’s grudge, this is the sixth time that the government has extended the date for about 50 lakh government employees to file the details of assets and liabilities whereas for Non-Government Organisations (NGOs) and their executives, this is the first such extension.

Source: DNA

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No. 407/02/2016-AVD-IV(Lok Pal)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated: the 2nd April, 2016

Office Memorandum

Subject: Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 —filing of Returns by public servants on or before 15th April, 2016 – regarding

The undersigned is directed to invite attention to the provisions of section 44 of Lokpal and Lokayuktas Act, 2013 whereby every public servant i.e. all categories of public servants as defined under section 2 (0) read with section 14 (1) (a) to (h) of Lokpal and Lokayuktas Act, 2013, shall make a declaration of his assets and liabilities. The timelines for filing the declarations/information/annual returns under the said Act are as under:

i. The first return of assets and liabilities as on 1st August, 2014 under the Lokpal and Lokayuktas Act, 2013 – on or before 15th April, 2016

ii. The annual return of assets and liabilities as on 31st March, 2015 under the Lokpal and Lokayuktas Act, 2013 – on or before the 15th April, 2016.

iii. The annual return of assets and liabilities as on 31st March, 2016 under the Lokpal and Lokayuktas Act, 2013 – on or before 31st July, 2016.

iv. The annual return of assets and liabilities for subsequent years as on 31st March every year should be filed on or before 31st July of that year.

The aforesaid timelines have already been intimated vide this Department’s OM No. 407/12/2014-AVD-IV(B) dated 28.03.2016 ,

2. All Ministries/Departments are requested to ensure compliance of the aforementioned provisions of the Lokpal and Lokayuktas Act, 2013 and in this regard inform and sensitize the societies/Association of persons/trusts under their administrative/financial control about the requirement of the law and deadlines for filing of necessary declarations/returns. To facilitate smooth compliance & information/provisions of section 44 of the Lokpal & Lokayuktas Act, 2013, this department has already placed in the public domain all the relevant rules framed under the said Act, forms in which declarations are required to be made, FAQs etc..

3. This may please be accorded due priority keeping in view that the declarations & returns for the years 2014 & 2015 are required to be filed by all public servants by 15.04.2016 mandatorily.

sd/-
(Jishnu Barua)
Joint Secretary to the Govt. of India

Click to view the order
Authortiy: www.persmin.gov.in

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F. No.11013/7/2014-Estt.A-III
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi – 110001
Dated 5th January, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules, 1964 – Submission of Declaration of Immovable Property Returns by the Government servants – regarding.

The undersigned is directed to refer to the Office Memorandum of even number dated the 26th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (Conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group ‘A’, ‘B’, ‘C’ and erstwhile Group ‘D’, in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

(Mukesh Chaturvedi)
Director (Establishment)

Authority: www.persmin.nic.in
Official Order

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F. No. 11013/7/2014-Estt.(A-III)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi — 110001
Dated July 23rd, 2015

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules, 1964 and the Lokpal and Lokayuktas Act, 2013 – Submission of Declaration of Assets and Liabilities by the Public Servant for each year – Regarding

The undersigned is directed to refer to this Department’s OM No. 11013/3/2014 Estt.(A) dated the 17th February, 2015 regarding submission of declaration of assets and liabilities by the public servants under the Central Civil services (Conduct) rules, and the
Lokapl land Lokayuktas Act, 2013 and to say that as per the rule 18 (1) (i) of the Central Civil Services (Conduct) Rules, 1964, every Government servant shall on his first appointment to any service or post submit a return of his assets and liabilities, in the form
prescribed by the Government, giving the full particulars of movable, immovable and valuable property and debts and other liabilities, etc.. Similarly, Government servants other than newly appointed, belonging to Group ‘A’ and Group ‘B’ are required to submit an annual return in prescribed form giving full particulars of the immovable property inherited/ owned/ acquired by him/ her or held by him/her on lease/ mortgage either in his/ her own name or in the name of any member of his/ her family or in the name of any other persons.
2. The Lokpal and Lokayuktas Act, 2013 (Lokpal Act) notified by the Government  requires all public servants to declare, on first appointment and subsequently every year, a declaration of his/ her assets & liabilities. In exercise of powers conferred by sub-section
(1), clause (k) and clause (I) of sub-section (2) of Section 59 read with section 44 and 45 of  the Act, this Department has notified the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014. The form for declarations is at Annexure-I. All Government servants i.e., belonging to Group A, Group B, Group C and erstwhile Group D, are now required to
furnish the declaration of their assets & liabilities in the enclosed format.
3. Vide D. 0. No. 407/12/2014-AVD-IV-B dated the 30th April, 2015, this Department has informed all concerned the time-lines for filing the returns regarding assets and liabilities under the Lokpal Act, which are as follows:

(i) The first return under the Lokpal Act (as on 1st August, 2014) should be filed on or before 15th October. 2015;

ii) The next annual return under the Lokpal Act, for the year ending 31st March. 2015 should be filed on or before 15th October 2015; and

(iii) The annual returns for subsequent years as on 31st March every year should be filed on or before 31st July of that year.

4. It is, therefore, requested that all concerned may be suitably advised to file the return within the time indicated in paragraph 3. It is relevant to state here that as per section 45 of the Lokpal Act, if any public servant wilfully or for reasons which are not justifiable, fails to (a) to declare his assets; or (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.

(Mukesh Chaturvedi)
Director (E)
Tel: 23093176

Click to see the original order

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New Delhi, the 25th April, 2015

Office Memorandum

Subject: Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 – extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – regarding

The undersigned is directed to refer to this Department’s D.O. letter of even number dated 29th December, 2014 regarding the furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 and forwarding therewith copies of the Central Government’s notifications dated 26th December, 2014 containing –

(a) amendment to the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014, for the purpose of extending the time limit for carrying out necessary changes in the relevant rules relating to different services from “three hundred and sixty days” to “eighteen months”, from the date on which the Act came into force, i.e., 16th January, 2014; and

(b)the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns by all public servants from 31st December, 2014 to 30th April, 2015.

2. In this regard, the undersigned is directed to convey that the last date for filing of revised returns by public servants under the rules indicated in para I (b) above has now been further extended from 30th April, 2015 to 15th October, 2015.. Formal amendments to the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 and to the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014 are being notified separately. They will also be uploaded on the website of this Department, i.e., http://persmin.nic.inlDOPT.asp.

3. All Ministries/Departments and cadre authorities are requested to kindly issue orders towards ensuring compliance with the revised Rules by all officers and staff In the respective Ministry/Department/Organisations/PSUs under their control, within the revised time-limit mentioned therein.

(Jishnu Barua)
Joint Secretary to the Govt. of India
Tele: 23093591

To
1. All Secretaries to the Govt. of India (as per standard mailing list)
2. All Chief Secretaries of State Governments
3. All Administrators of the Union Territories

Copy for information and with a request for similar action, forwarded to:
(i) Secretary General, Lok Sabha
(ii) Secretary General, Rajya Sabha
(iii) Comptroller and Auditor General oflndia
(iv) Secretary, Election Commission of India

Copy also to-
(I) Additional Secretary (S& V) with a request to take immediate necessary action for amendments/modification of AIS (Conduct) Rules and their implementation.

(2)Joint Secretary (Estt.) with a request to take immediate necessary action for amendments/modification of CCS (Conduct) Rules, 1964 and their implementation.

Click here for Original Order

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Subject: The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers for each year – regarding.

 

(ii) Verify whether personal details are reflected in the system correctly. To verify the details click on the ‘Employee Details’ button. If the details are not correct, first have them rectified through Admin. Division of concerned Department before proceeding further.

 

(iii) Click ‘IPR’ button on the top and then click on ‘Lokpal Returns’ icon.

 

(iv) Click ‘create new PR’ button and select property return year then click on create PR.

 

(v) Read declaration page carefully and click on ‘next’ button.

 

(vi) Form-I: Add one by one details of Public Servant, his/her spouse and dependent children and save details every time. After adding of details click on ‘next’ button.

 

(vii) Form-II: Add Movable Properties Owned By Self/ Spouse/ Dependent one by one by clicking ADD Button and save then click on ‘next’ button.

 

(viii) Form-Ill: Statement of Immovable Property: Add->Select ->IPR year-> Add new property details one by one by clicking ADD Button -> click on ‘next’ button.

 

(ix) Form-IV: Add Statement of Debts and Other Liabilities one by one by clicking ADD button then click on ‘FINISH’ button.

 

(x) Click ‘finish’ button. Property Return Details page automatically opens. Users may select the year by click on the particular year and then click on ‘Final submission of IPR’ button.

Download Persmin OM No.21/2/2014-CS.I(PR/CMS) dated 09.04.2015

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G.I., Dep. of Per. & Trg.,
O.M.F. No. 11013/3/2014-Estt.(A),
dated 17.2.2015

Subject: Central Civil Services (Conduct) Rules, 1964 and The Lokpal and Lokayuktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants for each year — regarding

The undersigned is directed to refer to this Department’ OM of even no. dated /16.01.2015 clarifying the provisions relating to submission of declaration of assets and liabilities by the public servants. As per this clarification, all Government Servants have been advised that:

(i) The annual Immovable Property Return (IPR), as on 31.12.2014, under the existing CCS(Conduct) Rules, 1964 is required to be filed on or before 31.01.2015;

(ii) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and

(iii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.

2. The Secretaries of all Ministries/ Departments have also been requested that all concerned may be suitably advised to file the IPRs and the return under the Lokpal Act as per the dates indicated above. A compliance report in respect of the IPRs filed by Group ‘A’ Officers of the Central Civil Services, as on 31.01.2015, has also been requested by 30.04.2015. It has also been requested that similar action may be taken by the authorities controlling services not covered by the Central Civil Services (Conduct) Rules, 1964.

3. In this regard it has been directed that all preparatory steps for the purpose of filing returns under the Lokpal and Lokayuktas Act, 2013, be put in place. An online system for filling the annual declarations of assets and liabilities by the public servants, as in PRISM (Property Related Information System) for IAS officers developed by NIC, may be adopted.

4. The Cadre Controlling Authorities are accordingly requested to please take immediate steps for putting in place all preparatory steps.

5. Hindi version will follow.

Source: www.persmin.gov.in

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Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants.

Filing of property returns already extended the time limit from 31st December, 2014 to 30th April, 2015. In this regard, several queries are being received from various Ministries/Departments/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.

The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Under the said section, a public servant is required to furnish to the competent authority the infonnation relating to —

(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and

(b) his liabilities and that of his spouse and his dependent children.

As against this, the general requirement as contained in most of the applicable Conduct Rules for government servants (AIS Conduct Rules, CCS Conduct Rules, etc.) require the public servant to submit a return, giving the full particulars regarding :—

(a) the immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of an member of his family or in the name of any other person;

(b) shares, debentures, postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him;

(c) other movable property inherited by him or similarly owned, acquired or held by him; and

(d) debts and other liabilities incurred by him directly or indirectly.

Click to read more…

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The Lokpal and Lokayuktas Act, 2013 – Submission of declaration of assets and liabilities by the public servants.

IMMEDIATE

F. No. 21/2/2014-CS.I (PR)
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
CS.I Division

2 Floor, Loknayak Bhawan,
Khan Market, New Delhi
Dated: 7.1.2015

OFFICE MEMORANDUM

Subject: The Lokpal and Lokayktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants

Ministries/ Departments may refer to CS.I Division, DoPTs OM. of even number dated 31st July 2014 and 9th September 2014 on the subject mentioned above.

2. The Government has since amended the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the limits for
Exemption of Assets in Filing Returns) Rules, 2014 under the Lokpal and Lokayuktas Act, 2013 vide Notification No G.S.R. 918(E) dated 26th December 2014. in terms of which, the last date of revised returns of assets and liabilities by public servants has been extended to 30th April 2015. The Notification is available on the website of this Department. Further, the Govt. have also modified Form No.11 and Form No.IV for filing of the returns. The  revised formats are attached herewith. Accordingly, all the CSS Officers shall be required to file the revised declarations, information as on the 1.8.2014 by 30.4.2015.

3. The extended date and the modified formats for filing of the returns may be brought to the notice of all CSS Officers. Ministries / Departments are also requested to forward the declarations, information, returns submitted by US and above level officers of CSS to CS.I Division, DoPT for records.

sd/-
(Utraarsh R.Tiwaari)
Director

Click to view the format of revised forms

Source: www.persmin.gov.in

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