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

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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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Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Third Amendment Rules, 2015.

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Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Third Amendment Rules, 2015.

THE GAZETTE OF INDIA : EXTRAORDINARY

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

NOTIFICATION

New Delhi, the 12th October, 2015

G.S.R. 776(E) —In exercise of the powers conferred by sub-section (1) read with clause (k) and clause (l) of subsection (2) of section 59 read with section 44 and section 45 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following rules further to amend 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, namely:-

1. (1) These rules may be called the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Third Amendment Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In 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, in rule 3, in sub-rule (2),-

(a) in the first proviso, for the words and figures “on or before the 15th day of October, 2015”, the words and figures “on or before the 15th day of April, 2016” shall be substituted;

(b) in the second proviso, for the words and figures “on or before the 15th day of October, 2015”, the words and figures “on or before the 15th day of April, 2016” shall be substituted.

[F. No. 407/12/2014-AVD-IV(B)]
JISHNU BARUA, Jt. Secy.

Note — The principal rules were published in the Gazette of India, Extraordinary, vide notification number G.S.R. 501(E), dated the 14th July, 2014 and amended vide notification numbers G.S.R. 638(E), dated the 8th September, 2014, G.S.R. 918(E), dated the 26th December, 2014, G.S.R. 322(E), dated the 27th April, 2015 and G.S.R. 536(E), dated the 3rd July, 2015.

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/776E-12102015.pdf

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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

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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

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

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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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Amendment order to the Lokpal Removal of Difficulties Order, 2015

admin — Thu, 30 Apr 2015 05:23:13 +0000

Amendment order to the Lokpal Removal of Difficulties order, 2015.

MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

ORDER

New Delhi, the 27th April, 2015

S.O. 1095(E) — Whereas the Central Government, in exercise of the powers conferred by sub-section (1) of Section 62 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) (hereinafter referred to as the said Act), made the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 (hereinafter referred to as the said Order) with effect from the 15th February, 2014 for the purpose of carrying out modifications and amendments in all existing rules regulating the filing of property returns and making of declaration of assets by public servants so as to bring them in conformity with the provisions of the said Act, within a period not exceeding one hundred and eighty days from the date on which the provisions of the Lokpal and Lokayuktas Act, 2013 came into force, i.e., the 16th January, 2014;

And whereas, the Central Government initiated the process of modifications and amendments of all existing rules dealing with the subject matter of filing of annual returns and making of declaration of assets by public servants in consultation with various authorities, such as, the Comptroller and Auditor General of India, the Election Commission, the Lok Sabha Secretariat, the Rajya Sabha Secretariat, the Ministry of Law and Justice (Department of Legal Affairs Central Government amended the said Order on 8th September, 2014, extending the said period of two hundred and seventy days to a period of three hundred and sixty days for the purposes of section 44 of the said Act;

And whereas, the Committee constituted by the Central Government on 28th August, 2014 to simplify the forms and the process in which public servants shall make declaration of assets and liabilities as required under the said Act and the rules made thereunder, submitted its first Report to the Government on 1st October, 2014, wherein the Committee suggested simplification of form prescribed for submission of statement regarding movable assets and the form prescribed for submission of statement regarding debts and liabilities by public servants, under the aforesaid rules;

And whereas, the processing of necessary amendments to the aforesaid rules so as to incorporate the revised forms for filing statement regarding movable properties and the statement regarding debts and liabilities and the circulation of the revised formats, after their due notification in the Official Gazette, to all Ministries and Departments of the Central Government and the Chief Secretaries of all State Governments and Union territory administrations and the further process of follow-up action in terms of the said rules requiring all officers of the All India Services working in connection with the affairs of the State Governments and the officers and start working in various organisations and public sector undertakings under their control so as to ensure due compliance with the revised rules by all of them, could not be completed within the limit of three hundred and sixty days as contemplated in the principal order as amended by the order dated 8th September, 2014;

And whereas, the Central Government has decided to amend the Lokpal and Lokayuktas Act, 2013, to address various inconsistencies noticed in the said Act and, in that context, a need was also felt to amend the provisions of section 44 of the said Act so as to harmonise the provisions of the said section with the relevant provisions of the Representation of the People Act, 1951 and rules framed there under, the All India Services Act, 1951 and rules framed there under, the rules framed by the Central Government in pursuance of article 148 and article 309 of the Constitution and also various statutes setting up autonomous bodies and Public Sector Undertakings and the rules framed there under, and accordingly amended the said Order on 26th December, 2014, extending the said upto 30th April, 2015 for the purposes of section 44 of the said Act;

And whereas, the Lokpal and Lokayuktas and other related Law (Amendment) Bill, 2014 to amend the Lokpal and Lokayuktas Act, 2013, as introduced in the Lok Sabha on 18th December, stands referred to the Department related Standing Committee on Personnel, Public Grievances, Law and Justice for examination and Report;

And whereas the said Committee has held meetings on 8th January.2015, 3rd March, 2015, 8th April, 2015 and 15th April, 2015 with non-official stakeholders, where the Department of Personnel and Training was requested to attend and respond to the questions raised by Hon’ble Members, the detailed Questionnaires received from the Committee and also to the memoranda submitted by the various stakeholders to the Committee;

And whereas, the proposed amendments which include amendment to the provisions of section 44, the exercise of aligning the existing rules and other statutory provisions with the Lokpal Act cannot be given effect to till the Bill is passed by Parliament after taking into consideration the recommendations of the Parliamentary Standing Committee;

And whereas, any action in the matter of harmonisation of rules can be taken only after the Committee presents its report to Parliament, consideration thereof by the Government and passing of the aforesaid amendment Bill by Parliament and accordingly the enforcement of the provisions of the Act is likely to take time; and hence it has become necessary to extend the said period of eighteen months to a period of twenty-one months, and the Central Government has accordingly decided to extend the period after taking into account the aforesaid factors;

Now, therefore, in exercise of the powers conferred by sub-section (1) of section 62 of the Lokpal and Lokayuktas Act, 2013, the Central Government hereby makes the following amendment further to amend the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014, namely:—

In the said Order, in paragraph 2, in sub-paragraph (1), for the words “within a period not exceeding eighteen months”, the words “within a period not exceeding twenty-one months” shall be substituted.

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

JISHNU BARUA, R. Secy.

Note.—The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 was published in the Gazette of India, Extraordinary, vide notification number S.O. 409(E), dated the 15th February, 2014 and subsequently vide notifications number S.O. 1840(E) dated the 15th July, 2014, S.O. 2256(E) dated the 8th September, 2014 and S.O.

3272(E) dated the 26th December, 2014.

Source-www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/GSR-1095E-27042015.pdf]

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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 – regarding

admin — Sat, 25 Apr 2015 11:55:56 +0000

No. 407/12/2014-A VD-IV(B)
Bharat Sarkar/Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

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

The post 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 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

FILING ASSETS AND LIABILITIES IS MANDATORY FOR EVERY PUBLIC SERVANTS

admin — Thu, 04 Dec 2014 15:03:35 +0000

FILING ASSETS AND LIABILITIES IS MANDATORY FOR EVERY PUBLIC SERVANTS

Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions

03-December-2014 .

Filing Assets and Liabilities

Section 44 of the Lokpal and Lokayuktas Act, 2013 mandates that every public servant (as defined in the Act, which includes Ministers, Members of Parliament, Government employees, employees of statutory bodies, PSUs, etc.) shall make a declaration of his assets and liabilities as well of his spouse and dependent children in the manner as provided by or under the said Act. In exercise of the powers conferred by sub-section (1) read with clause (k) and clause (l) of sub-section (2) of section 59 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), read with section 44 and section 45 of the said Act, the Central Government 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 in the official Gazette on 14th July, 2014, which, inter alia, contain the forms in which such information/return is required to be filed.

Subsequently, concerns and apprehensions were raised by several Ministries/Departments and other stakeholders, inter alia, about the complexity involved in furnishing the desired details in the forms prescribed under the Rules. Accordingly, the Government of India vide its order dated 28-08-2014, constituted a Committee to simplify the forms and the process in which public servants shall make declaration of assets and liabilities. The said Committee has submitted its First Report on 01-10-2014, recommending simplified formats for declaration of moveable property and for declaration of debts and other liabilities by public servants.

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 have also been amended by a notification dated 8th September, 2014, by which the time limit, for furnishing of such information/return by public servants, has been extended till 31st December, 2014.

This was stated by Minister of State for Personnel, Public Grievances & Pensions Dr. Jitendra Singh in a written reply to Shri Sudheer Gupta & others in the Lok Sabha today.

Source: PIB

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