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Gazette Notification of Lokpal (Finance and Account) Rules, 2020

admin — Thu, 24 Dec 2020 15:06:26 +0000

Gazette Notification of Lokpal Rules 2020

Latest DoPT Orders 2020

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 23rd December, 2020

G.S.R.793(E). – In exercise of the powers conferred by sub-section (1) of section 59 read with clauses (g) and (h) of sub-section (2) of section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) and section 40 and sub-section (1) of section 42 of the said Act, the Central Government in consultation with the Comptroller and Auditor General of India hereby makes the following rules to provide the form and time for preparing of Accounts in each financial year and the budget for subsequent financial year(s), showing the estimated receipts and expenditure of the Lokpal and the form for maintaining the accounts and other relevant records and the form of annual statement of accounts of the Lokpal, namely:-

Short title and commencement- (1) These rules may be called the Lokpal (Finance and Account) Rules, 2020.
They shall come into force on the date of their publication in the Official Gazette.

2. Definitions – (1)In these rules, unless the context otherwise requires,-

(a) ’Act’ means the Lokpal and Lokayuktas Act, 2013 (1 of 2014);

(b) ’Annual Statement’ means Statements of Finance Accounts, Statement of Central Transactions (SCTs) and other materials as applicable in the case of Civil Ministries or Departments of Government of India and in such form as prescribed in the Civil Accounts Manual or any applicable rules;

(d) ’Budget’ means the budget as referred under rule 43(1) of the General Financial Rules, 2017 read with provisions of the article 112 of the Constitution;

(e) ’financial year’ means the financial year as defined under clause (xiv)of rule 2 of the General Financial Rules, 2017 read with rule 42 of the General Financial Rules, 2017;

(f) ’section’ means the section of the Act.

(2) words and expression used herein and not defined but defined in the Act shall have the same meaning as assigned to them in the Act.

3. Preparation, formulation and submission of the Budget. – The formulation of budget shall be regulated in accordance with the provisions of sub-rule (3) of rule 43 of General Financial Rules, 2017 read with article 112 to 116 of the Constitution;

Explanation. For the purpose of these rules,-

(a) for the preparation of budget estimates, the Lokpal shall adhere to the guidelines as may be issued from time to time by the Ministry of Finance, Budget Division in terms of provisions of sub-rule (4) of rule 43 of General Financial Rules, 2017.

(b) the forms and manner of drawing up the proposed budgetary provision will be regulated in terms of rules 44, 45 and 50 of General Financial Rules, 2017 and the estimate will be reflected in the Demand for Grants of the Ministry in Department of Personnel and Training.

(i) the Government Accounting Rules, 1990;
(ii) the Central Government Accounts (Receipts and Payments) Rules 1983;
(iii) the Civil Account Manual;
(iv) the General Financial Rules, 2017.

[F.No. 407/03/2015-AVD-IV(B)]
RASHMI CHOWDHARY, Addl. Secy

Source: DoPT

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Central Government recruitment to the post of Staff Car Driver in the Lokpal – DoPT Notification

admin — Tue, 08 Dec 2020 16:07:22 +0000

Staff Car Driver in the Lokpal

Latest DoPT Orders 2020

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION

New Delhi, the 25th November, 2020

G.S.R. 733(E).- In exercise of the powers conferred by sub-section (3) of Section 10 read with section 59 of Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules regulating
the method of recruitment to the post of Staff Car Driver in the Lokpal, namely: –

Short title and commencement.- (1) These rules may be called the Lokpal (Staff Car Driver) Recruitment Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
Number of post, classification, level in the Pay Matrix.- The number of post, its classification, and the level in the pay matrix attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
Method of recruitment, age limit, qualifications, etc.- The method of recruitment, age limit, qualifications and other matters relating to the said post shall be as specified in columns (5) to (13) of the aforesaid Schedule.
Disqualification.- No person, –
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post:
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
Power to relax.- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
Savings.- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Schedule Castes, the Scheduled Tribes, other backward classes, ex-Servicemen and
other special categories of persons, in accordance with the orders issued by the Central Government from time to time, in this regard.

SCHEDULE

Source: DoPT

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Declaration of assets filing of Returns by public servants on or before 15.4.2016

admin — Tue, 05 Apr 2016 04:33:06 +0000

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

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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The Lokpal and Lokayuktas Act, 2013 – Submission of declaration of assets and liabilities by CSS officers for each year

admin — Mon, 28 Mar 2016 10:28:43 +0000

REMINDER-IV

No. 21/2/2014-CS.1 (PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi 110003
Dated the 28th March, 2016

OFFICE MEMORANDUM

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

The undersigned is directed to refer to this Department’s O.M. of even number dated 9.4.2015 followed by reminders dated 23.04.2015, 16.7.2015, 25.08.2015, 22.09.2015 and 01.10.2015 and to say that all CSS officers have been requested to file the returns as required under the Lokpal and Lokayuktas Act 2013 as on 1.8.2014 and for the year 2015 (as on 31.3.2015) online at cscms.nic.in The last date for submission of the returns is 15.04.2016. CSS officers who have not yet submitted the returns are requested to submit the
same immediately without waiting for the last date to approach to avoid rush and slowing down of the system at the last moment. All officers of US and above levels of CSS should also take a print out of the return filed online and submit to this Department duly signed.
2. Ministries/Departments are requested to circulate this O.M. among all CSS officers under them. They should also monitor to ensure that the returns are submitted by all CSS officers within the stipulated period without fail through the Web Based Cadre Management System. In case of any technical assistance nodal
officers may contact helpline at Telephone No. 24629890.

(V.Srinivasa ragavan)
Under Secretary to the Government of India
Tele.:24629412

All Ministries/Departments (participating in CSS)
All CSS Officers

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The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers – regarding.

admin — Thu, 16 Jul 2015 09:24:23 +0000

The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers – regarding.

No.21/2/2014-CS.I(PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi-11 0003
Dated the 16th July, 2015

OFFICE MEMORANDUM

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

The undersigned is directed to refer to this Department’s O.M. of even number dated 9th and 23rd April, 2015 regarding declaration of assets and liabilities by CSS officers under the Lokpal and Lokayuktas Act, 2013 and to state that vide Notifications dated 27.4.2015 the last date for filing of returns by public servants under the Lokpal and Lokayuktas Act, 2013 as on 1.8.2014 and as on 31.3.2015 has been extended to 15th October, 2015.

2. All CSS Officers are requested to file the returns for the year 2014 (as on 1.8.2014) and for the year 2015 (as on 31.3.2015) on line at cscms.nic.in at the earliest. All officers of US and above levels of CSS should also take a print out of the return filed on line and submit to this Department duly signed.
3. Filing of returns at the last moment by thousands of officers makes the system sluggish and lead to delay in filing of the returns. In view of this, all CSS Officers are requested to file the returns at the earliest without waiting for the last date to approach to avoid rush and slowing down of the system at the last moment.

4. Ministries/Departments are requested that the contents of this O.M. may be widely circulated to the notice of all CSS officers working under their control. They should also monitor and ensure that the returns are submitted by all officers within the stipulated period without fail through Web Based Cadre Management System.
5. A copy of FAQs on Lokpal and Lokayuktas Act,s 2013 circulated by this Department is also attached for information.

(V.Srinivasaragavan)
Under Secretary to the Government of India

All Ministries/Departments( through DoP&T’s website)
FAQs WITH REPLIESIINFORMATION, IN RESPECT OF LOKPAL AND LOKAYUKTAS ACT, 2013

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FAQs WITH REPLIES/INFORMATION, IN RESPECT OF LOKPAL AND LOKAYUKTAS ACT, 2013

admin — Tue, 07 Jul 2015 10:10:29 +0000

FAQs WITH REPLIES/INFORMATION, IN RESPECT OF LOKPAL AND LOKAYUKTAS ACT, 2013

1. Whether the Lokpal and Lokayuktas Act, 2013 has come into force?	Yes, vide Gazette Notification No. S.O. 119(E) dated 16-01- 2014, the Lokpal and Lokayuktas Act, 2013 (1 of 2014 has come into force from the said date. However, the institution of Lokpal is yet to become functional, since the Act needs some amendments, inter alia, so as to resolve certain issues relating to appointment of Chairperson and Members of Lokpal, etc. in the absence of a Leader of Opposition recognized as such in the Lok Sabha. For this purpose, a Bill has been introduced in Parliament and is currently under consideration of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances and Law and Justice.
2. What are the Rules and Orders notified under the provisions of the Lokpal and Lokayuktas Act, 2013?	The Rules and Orders notified under the Act so far, are as follows:- (a) 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 [notified vide Gazette. Notification No. G.S.R. 501(E) dated 14-07-2014 amended vide Notification No. GSR No. 638(E) dated 08-09-2014] (b) The Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Second Amendment Rules, 2014. [notified vide Gazette Notification No. G.S.R. 9I8(E) dated 26-12-2014] (c) Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Rules, 2014. [notified vide Gazette Notification No. G.S.R. 31(E) dated 17-01-2014]. (d) Search Committee (Constitution, Terms and Conditions of appointment of members and the manner of selection of Panel of Names for appointment of Chairperson and Members of Lokpal) Amendment Rules, 2014. [notified vide Gazette Notification No. G.S.R. 620(E) dated 27-08- 2014] (e) The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 [notified vide Gazette Notification No. S.O. 409(E) dated 15-02-2014 with subsequent amendments having been made vide Notifications No. S.O. 1840(E) dated 14-07-2014, No. S.O. 2256(E) dated 08-09-2014 and No. S.O. 3272(E) dated 26-12-2014] The rules and orders as referred to above can be accessed by clicking on the links above.
3. What is the jurisdiction of Lokpal in respect of Inquiry?	Please see Section 14 of the Lokpal and Lokayuktas Act, 2013 (I of 2014).
4. Whether the Lokpal and Lokayuktas Act, 2013 is applicable to the employees of State Governments?	In terms of provisions of section 14 of the Lokpal and Lokayuktas Act, 2013 the employees of the State Government are not covered unless they have served in connection with the affairs of the Union. The jurisdiction of the Lokpal will extend on the following categories of employees only after obtaining the consent of the concerned State Government. [proviso under section 14(1)(f) refers] inter alia, over the following categories of public servants referred to in section 14(1)(d) & (e): “(d) any Group ‘A’ or Group ‘B’ officer or equivalent or above, from amongst the public servants defined in subclauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served, in connection with the affairs of the Union; (e) any Group ‘C’ or Group ‘D’ official or equivalent, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the Prevention of Corruption Act, 1988 when serving or who has served in connection with the affairs of the Union subject to the provision of sub-section (1) of section 20;”. Thus, it may be seen that the employees of the State Governments are not under the jurisdiction of the Lokpal. Further, under section 63 of the Act, the States are under an obligation to establish an institution of Lokayukta, by a law enacted by the State Legislature, if not already done so, within a period of one year from the coming into force of the Act. Employees of the State Government are, inter alia, to be covered under the jurisdiction of the respective Lokayuktas.
5. Whether the Lokpal and Lokayuktas Act, 2013 is applicable on All India Service officers working under the control of the State Government?	Yes, as they are public servants within the meaning of clause (o) of sub-section (1) of section 2 of the Act, read with sub-section (1) of section 14 of the Act. However, consent of the State Government would be necessary before Lokpal orders an Inquiry in respect of such an officer if he is employed in connection with the affairs of a State Government. Please see proviso after clause (f) of subsection (1) of section 14.
6. Under what provisions of the Lokpal and Lokayuktas Act and Rules, the information in respect of the Assets and Liabilities is to be furnished by Public Servants.	Section 44 of the Lokpal and Lokayuktas Act, 2013 and the Public Servants (Furnishing of Information and annual return containing declaration of Assets and Liabilities by public servants and Limits for Exemption of Assets in filing Returns) Rules, 2014 notified on 14th July 2014 as last amended by the amendment Rules notified on 26th December, 2014, the information in respect of the Assets and Liabilities is required to be furnished by all Public Servants. (For links to the rules referred to above please see S. No. 2 above)
7. What is the difference between the declaration of assets by public servants under the Lokpal and Lokayuktas Act, 2013 and the filing of property returns by public servants under the applicable Conduct Rules?	The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013. Under the said section, a public servant is required to 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; 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 any 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. Further, till such time, the relevant Conduct Rules are aligned with the Lokpal law, only those categories of Government servants are required to file their declarations/annual returns under such rules, which are presently covered under them. Under these rules, public servants are generally required to submit annual property returns as on the January of the year, on or before 31′ January of that year. The Lokpal Act [section 44(4)], on the other hand, requires the filing of annual returns as on the 31″ March of the year by each public servant on or before 31′ July of that year. Thus, the requirements of the Lokpal and Lokayuktas Act, 2013 and the relevant Conduct Rules are different in the manner of filing information also.
8. (a) Whether Government has prescribed any formats for the submission of information regarding assets and liabilities by public servants under the Lokpal law? (b) Where can the forms be accessed? (c) What are the timelines for furnishing such information specific to the years 2014 and 2015, as also for subsequent years?	The form and manner in which information regarding assets and liabilities are required to be furnished by public servants have been prescribed under the Public Servants (Furnishing of information and Annual Return of Assets and Liabilities and Limits for exemption of assets in filing Returns) Rules, 2014, as amended from time to time. A complete set of the formats and clarifications as regards the timelines for filing of such declaration and returns have been provided in this Department’s OM No.407/12/2014-AVD-IV-B dated 18-03- 2015. The timelines for annual returns required to be filed for different years is as follows: (a) The first return (as on 1 at August, 2014) under the Lokpal Act should be filed on or before thel5th October, 2015; (b) The next annual return under the Lokpal and Lokayuktas Act, 2013 for the year ending 3Ist March, 2015 should be filed on or before thel 5th October, 2015; and (c) The annual return for subsequent years as on 31′ March every year should be filed on or before 31″ July of that year.
9. To whom is the information in respect of assets and liabilities required to be furnished? Is it necessary to forward copies of such information to the Lokpal or to the DoPT?	Section 44 of the Act mandates that the information regarding assets and liabilities is to be submitted by each public servant to his/her own competent authority (as defined in the Act). There is no requirement for submission of copies of such informationby individual officers to the Lokpal or to DoPT other than those working in DOPT or Lokpal.
10.Is there any requirement that all applicable Conduct Rules for different categories of public servants have to be amended in line with the provisions of the Lokpal and Lokayuktas Act? Please provide complete details.	Section 56 of the Lokpal and Lokayuktas Act, 2013 reads as under:- “56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.”. The above provisions mandate that even if there are any provisions in any existing law (which, inter alia, includes relevant Conduct Rules framed under Article 309, etc.) which are inconsistent with the provisions of the Lokpal and Lokayuktas Act, the provisions of the said Act shall have effect, notwithstanding such inconsistency. Thus, the provisions regarding filing of information/annual returns regarding assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act shall have effect, notwithstanding anything inconsistent therewith in the applicable Conduct Rules. In other words, the filing of information/annual return under the Lokpal law in the manner prescribed by rules made under that Act, is a mandatory requirement, and the same cannot be dispensed with under any circumstances, except by an amendment of the Act itself. Attention in this regard is also invited to section 57 of the Lokpal and Lokayuktas Act which reads as under:- “57. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.”. A combined reading of section 57, along with section 44 of the Act, would make it clear that the requirement of filing returns regarding assets and liabilities under the Lokpal and Lokayuktas Act is in addition to, and not in derogation/supersession of the requirement of filing similar returns under the existing Conduct Rules. In view of this, the requirement of filing of property returns under the existing Conduct Rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules. In other words, the requirement of filing returns of assets and liabilities under the applicable Conduct Rules has to continue, till such time as the provisions of those rules are harmonised with the relevant provisions of the Lokpal Act and the rules framed thereunder, by carrying out appropriate amendments in them. Attention is further invited to the Central Government’s notification, S.O. 3272(E) dated 26-12-2014], further amending the Lokpal and 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. In view of this, all Ministries/Departments/cadre authorities are required to complete the necessary exercise for harmonising the provisions of relevant Conduct Rules with the provisions of the Lokpal and Lokayuktas Act and the rules made thereunder, within this extended time of eighteen months. All Ministries/Departments and other cadre controlling authorities have been appraised about this requirement separately through D.O. letters dated 8thSeptember, 2014 and 29″ December, 2014 issued by this Department. In view of this, it is incumbent upon all Ministries / Departments/cadre controlling authorities to ensure that the relevant conduct rules relating to services administered/controlled by them are brought in harmony with the provisions of the Lokpal Act and rules made thereunder within this extended time limit of eighteen months.
11.Whether a public servant/ Government Servant has to submit the Annual Property Return as required under the Conduct Rules applicable and also furnish the details of his Assets and liabilities and also his/her spouse and dependent children under the Lokpal and Lokayuktas Act,2013	Yes, till such time the applicable Conduct Rules are attuned with the relevant provisions of the Lokpal and Lokayuktas Act, 2013.
12. Government proposes to amend the provisions of section 44 of the Lokpal and Lokayuktas Act? If so, the details thereof?	Government has introduced a Bill, namely, the Lokpal and Lokayuktas and other related law (Amendment) Bill, 2014, in the Lok Sabha on 18th December, 2014. The said Bill contains, inter alia, a proposal to amend section 44, in order to provide for a scheme wherein the filing of information by public servants under the provisions of the section are proposed to be brought in harmony with the provisions of the respective Acts, Rules or Regulations, as applicable to different categories of public servants. It is also proposed to amend sub-section (6) of section 44 in order to enable the Central Government to prescribe the manner in which information furnished by public servants of different categories is to be published, keeping public interest in view, by the respective competent authorities. The said Bill now stands referred to the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, for consideration and report.
13. In case, the spouse is also a public servants, whether both, the husband and wife have to file the returns indicating the assets and liabilities of the other spouse, under the Lokpal and Lokayuktas Act, 2013.	Yes. Sub-section (1) of Section 44 of the Lokpal and Lokayuktas Act, 2013 makes it mandatory for every public servant to make a declaration of his assets and liabilities in the manner as provided by or under this Act, i.e. as per provisions of section 44(2) of the Act. The requirement is binding on each public servant, irrespective of whether the spouse of the public servant is also a public servant or not.
14. In case, the spouse of a public servant, has assets procured by his/her own income, or has his/her own property, whether, in such a case also, the public servant has to indicate the assets and liabilities of the spouse in the returns under the Lokpal and Lokayuktas Act, 2013.	Yes. Clauses (a) and (b) of Sub — section (2) of Section 44 of the Lokpal and Lokayuktas Act,2013 does not make any exception in respect of assets procured by the spouse of the public servant by his/her own income.
15. Whether the assets and liabilities of spouse of a public servant, who is an employee of a private company/ organisation, are to be reflected in the return of the assets and liabilities to be filed by the public servant, under the provisions of the Lokpal and Lokayuktas Act, 2013.	Yes. Clauses (a) and (b) of Sub — section (2) of Section 44 of the Lokpal and Lokayuktas Act,2013 does not make any exception for not not furnishing the declaration, in respect of assets procured by the spouse of the public servant by his/her own income.
16. Whether a public servant, who has a share in an undivided property of Hindu Undivided Family, is required to furnish such information and in what manner?	Yes. Please see the Note 2 of APPENDIX—I of the Public Servants (Furnishing of Information and annual return containing declaration of assets and liabilities by public servants and Limits for Exemption of Assets in filing Returns) Rules, 2014 [Notification No. G.S.R. 501(E) dated 14-07-2014]. It states that “if a public servant is a member of Hindu Undivided Family with co-parcenary rights in the properties of the family either as a “Karta” or as a member, he should indicate in the return in Form No. III the value of his share in such property.” The same principle will also have to be followed in respect of movable property belonging to a HUF.
17. In what manner the value of his share in the undivided property of Hindu Undivided Family, is to be indicated by a public servant, particularly if it is not possible to indicate the exact value his share?	The approximate value of his share may be indicated with explanatory note wherever necessary, if it is not possible to indicate the exact value of his share.
18.What happens if a public servant fails to furnish information in respect of his assets	If a public servant willfully or for the reasons which are not justifiable, fails to declare his assets or gives misleading information in respect of such assets and is found to be 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. [Please see section 45 of the Lokpal and Lokayuktas Act, 2013]
19. Whether the Information furnished by the public servants will be put in public domain?	Yes. As per provision of Section 44(6) of the Lokpal and Lokayuktas Act, 2013. “The Competent authority in respect of each Ministry or Department shall ensure that all such statements are published on web site of such Ministry or Department by 31′ August of that year.”
20.Whether the Public Servants who retire before 15.10.2015 ( Extended last date for submission of revised Returns for 2014 and 2015) are required to file returns of Assets and Liabilities under the Lokpal and Lokayuktas Act,2013	All the Public Servants who held the office as such on the date of commencement of the Lokpal and Lokayuktas Act,2013 i.e. 16.01.2014 are required to file the returns of Assets and Liabilities on or before 15.10.2015

Disclaimer: The above clarifications are for general information and guidance and do not interpret legal provisions of the Act nor tender any legal opinion on issues.

[ File No.407/12/2014-AVD-IV(B) Pt]

Original Order

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Last date for Lokpal IPR returns extended to October 15

admin — Tue, 28 Apr 2015 14:31:53 +0000

Last date for Lokpal IPR returns extended to October 15

New Delhi: The government has again extended the April 15 deadline for public servants to file declarations of their assets and liabilities under the Lokpal and Lokayuktas Act, 2013, to October 15.

Ahead of the deadline ending on April 30 and a mad rush among officials to fill up their asset returns online which has even slowed down the NIC server, the Department of Personnel and Training (DoPT) in Office Memorandum No.407/12/2014-AVD-IV(B) issued on Saturday said the deadline has now been extended to October 15, 2015.

This is the third extension given to officials to file the asset returns as per the Lokpal Act, they were originally supposed to file the same September 15, 2014 after the Lokpal rules were notified last year in July.

This means there will now be a delay of 13 months in the asset returns to reach the government, the Lokpal law though enacted in January 2014 has also not been operationalised as amendments to the bill are pending before a standing committee. “Expect the Lokpal Act Amendment bill only in the next parliament session,” a DoPT official said.

The declarations under the Lokpal Act are in addition to similar ones filed by the employees under various services rules. All Group A, B, and C employees are supposed to file a declaration under the new rules.

There are about 26,29, 913 employees in these three categories, as per the government’s latest data.

The existing form for filing this return has fields for mentioning details of cash in hand, bank deposits, investment in bonds, debentures, shares and units in companies or mutual funds, insurance policies, provident fund, personal loans and advance given to any person or entity, among others.

The employees need to declare motor vehicles, aircraft, yachts or ships, gold and silver jewellery and bullion possessed by them, their spouses and dependent children.

The DoPT has asked all central government ministries, departments and cadre controlling authorities to issue necessary order for their respective employees to ensure compliance of its order.

TST

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

admin — Mon, 13 Apr 2015 02:46:08 +0000

The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers for each year: DoPT Order

No.21/2/2014-CS.I(PR/CMS)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

CS.I Division

2nd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi-110003

Dated the 9th April, 2015

OFFICE MEMORANDUM

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

Ministries/Departments may refer to CS.I Division, DoP&T’s O.M. of even number dated 7.1.2015 on the subject mentioned above.

2. As Ministries/Departments are aware that all Government servants are now required to file information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act, 2013. In this regard, all Government Servants have been advised that:

(i) 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

(ii) 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.

3. For filing annual return under the Lokpal and Lokayuktas Act, new forms have been developed in the Web Based Cadre Management System which is hosted at cscms.nic.in Returns under Lokpal and Lokayuktas Act should be submitted by all CSS officers through Web Based Cadre Management System. Print out of the returns submitted online in respect of Under Secretary and above level officers of CSS should also be submitted to CS.I Division as it being the custodian of returns of these officers. The procedure for filing return is as under:

(i) Login to the system at cscms.nic.in by using the userid and password. In case of any difficulty in login please contact the nodal officer of the Ministry/Department for assistance. The generic Userid is eight digit date of birth followed by first four letters of name. Userid is also the employee code assigned to individual officers in the web based system. If the password is blocked, nodal officers can reset the password of individual employees by using the ‘reset password’ facility in the Tools Menu on the top of the screen. They can also provide ‘Employee Code’ from the system to individual officers to enable them to login to the system.

(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.

4. Ministries/Departments are requested that the contents of this O.M. may be widely circulated to the notice of all CSS officers working under their control. They should also ensure that the information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act is submitted by all officers within the stipulated period cited above without fail.

5. In case of any difficulty, nodal officers may contact CMC officials who have developed Web Based Cadre Management System at Telephone No. 24629890.

(Utakaarsh R Tiwaari)

Director

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

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Dopt orders Feb 2015: Submission of declaration of assets and liabilities by the public servants for each year

admin — Wed, 18 Feb 2015 09:33:44 +0000

Submission of declaration of assets and liabilities by the public servants for each year – Dopt orders Feb 2015

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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Central government employees to file assets details by December 31

admin — Wed, 26 Nov 2014 11:43:05 +0000

Central government employees to file assets details by December 31

New Delhi: All central government employees have to file the details of their assets and liabilities along with that of their spouses and dependent children as mandated under the Lokpal Act by December 31, the Lok Sabha was informed on Wednesday.
As per the rules notified under the Lokpal and Lokayuktas Act in July this year, every public servant who has filed declarations, information and annual returns of property under the provisions of the rules applicable to such public servants shall file the revised declarations as on August 1 to the competent authority on or before September 15.

The provision of the said rules has subsequently been amended by which the time limit for furnishing of such information or return by public servants has been extended till December 31, Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh said in a written reply.

The declarations under the Lokpal Act are in addition to similar ones filed by the employees under various services rules.

All Group A, B and C employees are supposed to file a declaration under the new rules. There are about 26 lakh employees in these three categories, as per latest government data.

The Personnel Ministry has also issued new forms for filing these returns which have fields for mentioning details of cash in hand, bank deposits, investment in bonds, debentures, shares and units in companies or mutual funds, insurance policies, provident fund, personal loans and advance given to any person or entity, among others.

The employees need to declare motor vehicles, aircraft, yachts or ships, gold and silver jewellery and bullion possessed by them, their spouses and dependent children.

PTI

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