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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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Government employees need not file asset details under Lokpal for now

admin — Mon, 16 Jan 2017 02:31:37 +0000

Government employees need not file asset details under Lokpal for now

New Delhi: The Centre has extended indefinitely the deadline to file details of assets and liabilities by central government employees under a mandatory provision of Lokpal Act.

A new format and fresh set of rules are being finalised by the government in this regard.

The last date for filing such details was December 31.

“There is no requirement for filing of declarations of assets and liabilities by public servants now. The government is in the process of finalising a fresh set of rules. The said rules will be notified in due course to prescribe the form, manner and timelines for filing of declaration of assets and liabilities by the public servants under the revised provision of the said (Lokpal) Act.

“All public servants will henceforth be required to file the declarations as may be prescribed by the fresh set of rules,” an order issued by Department of Personnel and Training (DoPT) said.

There are about 50.68 lakh central government employees.

As per rules, notified under the Lokpal Act, every public servant shall file declaration annually pertaining to his assets and liabilities as on March 31 every year or on or before July 31 of that year.

For 2014, the last date for filing returns was September 15. It was first extended till December, then till April 30, 2015 and third extension was up to October 15. The date was again extended to April 15, 2016 and then July 31 for filing of the returns.

The last date was further extended till December 31 after Parliament had passed a bill to amend the Lokpal and Lokayuktas Act, 2013.

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

The DoPT had last year also issued an order bringing NGOs receiving more than Rs one crore in government grants and donations above Rs 10 lakh from abroad under the ambit of the Lokpal.

The order had mandated filing of returns of the assets and liabilities by such organisations and their executives – director, manager, secretary or any other officer.

PTI

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Central Government Employees need not file asset details of Spouse and Children – Cabinet gives the nod

admin — Thu, 11 Aug 2016 07:25:16 +0000

CG Employees need not file asset details of Spouse and Children – The approved amendments will address concerns and apprehensions expressed by different categories of public servants.

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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Deadline for central government employees to declare assets extended

admin — Fri, 29 Jul 2016 04:37:12 +0000

Deadline for central government employees to declare assets extended

New Delhi: Central government employees and NGOs receiving government funds now need not declare their assets by the deadline of July 31 as Parliament today approved an amendment in the Lokpal Act to extend the timeline.

The amendment to Section 44 of the Lokpal Act was approved by voice vote by the Rajya Sabha today, a day after the Lok Sabha did the same.

While moving the bill to amend the Lokpal Act for consideration of the House, Minister of State for Personnel Jitendra Singh said it is an immediate necessity and the provision will be examined in detail by a Parliamentary Standing Committee which will possibly submit its report before next session of Parliament.

During a brief discussion, the Opposition asked the government to adopt this law without any dilution.

Naresh Agrawal of Samajwadi Party said he was opposed to the Lokpal Act as this is not good for democracy and constitution. “Can the country’s Prime Minister be dishonest and Lokpal be honest,” he asked.

Replying to the concerns raised by the members, Singh said: “There is no intention to dilute or to delay the Lokpal Act. The government is committed to implement this law in letter and spirit”.

He also said the message should not go out that members of this House have joined hands to prevent declaration of their assets.

“Under the People Representation Act, what we declare is more than enough, regardless of the fact that we have Lokpal Act or not,” Singh said, adding that exercise to amend this Act has been done in good faith and is only to extend the deadline with only two days left. It gives relief to 50 lakh government employees.

The amendment pertains to Section 44 of the Lokpal Act which deals with declaration of assets and provision of making the assets public, he said.

As per the rules notified under the Lokpal and Lokayuktas Act 2013, every public servant shall file declaration, information and annual returns pertaining to his assets and liabilities as well as for his spouse and dependent children on March 31 every year or on or before July 31 of that year.

In April, the government had extended the date of filing returns by public servants from April 15 to July 31. This is the fifth extension in the deadline since the Act came into force in January 2014.

As per rules, organisations receiving more than Rs 1 crore in government grants and donations above Rs 10 lakh from abroad fall under the ambit of Lokpal.

PTI

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Central government employees to declare details of foreign accounts under Lokpal Act

admin — Fri, 01 Apr 2016 02:54:17 +0000

Central government employees to declare details of foreign accounts under Lokpal Act

All Central government employees have been asked to declare details of deposits in foreign bank accounts which includes those of their spouses and dependent children, as per the new rules under the Lokpal Act.

Besides, they have to give details of paintings, antiques, furnitures and electronic equipments among others in case their total current value exceeds two months’ basic pay or Rs one lakh.

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 the declaration under the Lokpal law.

The Department of Personnel and Training (DoPT) has written to all Central government ministries and Chief Secretaries of state governments to ensure that the employees working under them declare details of their assets and liabilities, along with that of their spouse and dependent children, by April 15.

All employees have to file returns of two years–i.e. for 2014 and 2015 by April 15–and another return giving details of their assets and liabilities for 2016 by July 31, this year.

“In this regard, it is stated that there shall be no further extension of the aforesaid last date i.e. April 15, 2016,” it said in the communique.

There are about 50 lakh Central government employees.

The employees will also have to inform separately in case of any investments of over Rs 2 lakh made in movable assets, insurance, bonds, shares and mutual funds in the new form.

Investment above Rs 2 lakh to be reported individually.

Investments below Rs 2 lakh may be reported together, it said.

“Details of deposits in foreign bank(s) to be given separately,” the DoPT said.

Employees have to give details of expensive furniture, fixtures, antiques, paintings and electronic equipment also if the total current value of any particular asset in any particular category (e.g. furniture, fixtures, electronic equipments, etc) exceeds two months’ basic pay or Rs one lakh, it said.

PTI

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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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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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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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Delhi High Court Grants Interim Ban on Providing Information about Assets Owned by Central Government Employees’ Spouses

admin — Fri, 12 Sep 2014 06:26:29 +0000

Delhi High Court Grants Interim Ban on Providing Information about Assets Owned by Central Government Employees’ Spouses

The Delhi High Court has imposed an interim ban on one of the conditions of the Lokpal Act, which stipulates that in addition to the details of the properties owned by himself/herself, the Central Government employee must also submit information about the properties and assets owned by the spouse and children.
Since 2011, it has been made compulsory for higher officials to submit annual reports containing details of the immovable properties owned by them. But, now it was ordered as per the Lokpal Act, that all Central Government employees (Group A, B, and C) must submit the details of their properties and liabilities on or before September 15. The deadline has now been extended to 15th December 2014. And, collecting of these informations would be then be put up by the respective ministries on their website.

Along with information of properties possessed by them, Central Government employees will also have to submit details of the properties owned by their spouses and children. The rule is applicable to male and female Central Government employees.

Details that have to be presented by the Central Government employee, regarding properties owned by him, his spouse and children include –

Liquid cash
Cash in savings accounts and all other deposits
Investments in bonds, debentures and mutual funds
Investments in Post Office Monthly Income Schemes, and insurance plans
Details of investments in new pension investment schemes
Motor vehicle registration numbers and value
Jewellery, gold and other precious metals (details of the weights)
Details of the immovable properties (plot/house/flat/commercial establishment/industry, etc.)
Details of debts and liabilities (of self/spouse’s/children’s)

Meanwhile, opposition to this order issued by the Centre continues to grow. A petition was presented at the Delhi High Court praying for revoking the order, stating that it was wrong on the part of the Government to demand details of the properties owned by the spouses and children of the Central Government employees.

After examining the petition, Justices Raghavendra Bhatt and Vipin Singh, of the Delhi High Court have issued a conditional interim stay on the orders demanding information on the properties owned by the spouses and children of the Central Government employees.

Final orders will be issued in the month of November. Until then, the interim ban is applicable to all the Central Government employees.

Source: www.cgstaffnews.in

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Union Government may stop Cash and Jewellery details of Central Staff

admin — Fri, 05 Sep 2014 11:38:59 +0000

Union Government may stop Cash and Jewellery details of Central Staff under Lokpal Act…

Govt may withhold cash, jewellery details of babus: Times of India

NEW DELHI: In what could bring relief to nearly five million Central government employees, the Narendra Modi government has decided to amend the Lokpal and the Lokayukta Act to give itself a statutory power to withhold certain information from the public.

All Central staff, as per the latest order of the Department of Personnel and Training (DoPT), have to declare their assets and liabilities, both movable and immovable, as well as those of their spouses and dependents latest by September 15. All these information would then be put up by the respective ministries on their website accessible to everyone.

A number of representations received by the government from officials expressed fear that putting details of movable assets such as jewellery and cash in hand and bank would pose a security threat to them and their dependents, leave their children vulnerable to kidnapping and ransom demands. For instance, an official said he has put all savings in general provident fund which has accumulated to Rs 75 lakhs over a period of time. Putting this information in the public domain would leave him and his family members vulnerable.

Sources said the amendments proposed only gives the government the statutory power to withhold information related to officials’ movable assets only, such as his cash in hand or bank and jewellery owned by him or his family members. The government will not be empowered to hold back information on immovable assets: house or land owned by him.

The amendment also makes it clear that it will have no impact on the current asset declaration guidelines. The officials will have to continue declaring all their assets – movable and immovable as per the previous directive. Only difference the proposed amendment will make is to ensure certain information is not made public.

The DoPT is working on the proposed amendment and has already taken a view from the law ministry to bring in the required changes. Any fresh amendment will not impact the current declaration deadline of September 15 which is applicable for all employees.

Once these declarations are received by the government, it is for the respective ministries to put them up on its website accessible to all, except those related to the movable assets for which an amendment is required to implement it.

Source: Times of India

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