Latest DoPT Orders 2021

No. 428/07/2021-AVD.IV(B)
Bharat Sarkar/ Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
The 3rd September 2021

To,

The Chief Secretaries of all State Governments/
Union territory Administrations
(As per Standard Mailing List)

Subject: Standard Operating Procedures (SOPs) for processing of cases under section 17A of the Prevention of Corruption Act, 1988 – regarding

Sir/ Madam,

The undersigned is directed to state that the Prevention of Corruption Act, 1988 was amended by the Prevention of Corruption (Amendment) Act, 2018 and after the Presidential assent thereto has been brought into force from the 26th July 2018. It may be recalled that the amendments inter alia, include insertion of a new section 17A which reads as follows:

“17A. Enquiry or Inquiry or Investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties.-

No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatab/e to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval-

(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;

(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;

(c) in the case of any other person, of the authority competent to remove him from his office, at the time when the offence was alleged to have been committed:

Provided that no such approval shall be necessary/or cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any undue advantage for himself or for any other person.

Provided further that the concerned authority shall convey its decision under this section within a period of three months, which may, for reasons to be recorded in writing by such authority, be extended by a further period of one month”.

2. So as to standardise and operationalise procedures with a view to achieving uniform and effective implementation for prior approval processes under section 17A of the Act. a set of SOPs is hereby conveyed.

3. The SOPs provide for –

• i. Stage-wise processing of information received by a Police officer;
• ii. Specifying the rank of a police officer to seek prior approval under section 17A in respect of different categories of public servants;
• iii. Consideration of the proposals under section 17A of the Act by the Appropriate Government or Authority;
• iv. Laying down of single window procedure to specify receipt stage of the proposal; and
• v. Check List for submitting proposals under section 17A.

4. All Administrative Authorities, including Ministries and Departments of the Central and the State Governments and the Investigating Agencies are requested to take note of the SOPs, as appended herewith and bring the same to the notice of all concerned, including subordinate and autonomous statutory bodies and PSEs/ PSBs under their respective control for strict compliance.

Encl: as above

Yours faithfully
Sd/-
(Deepti Umashankar)
Additional Secretary to the Government of India

APPENDIX

STANDARD OPERATING PROCEDURES FOR HANDLING INFORMATION IN RESPECT OF A PUBLIC SERVANT, ALLEGING OFFENCES UNDER PREVENTION OF CORRUPTION ACT, 1988 – SEEKING OF PREVIOUS APPROVAL FOR CONDUCT OF ENQUIRY OR INQUIRY OR INVESTIGATION UNDER SECTION 17A OF THE ACT

The information received by a police officer alleging offences under Prevention of Corruption Act (hereinafter referred to as the Act), against public servants will be processed in the manner as laid down by the Standard Operating Procedures (SOPs) hereinunder.

2. It may be emphasized here that the provisions of section 17A stipulate a mandatory requirement for a Police Officer to seek previous approval for conducting any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Prevention of Corruption Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties.

3. PROCESSING OF INFORMATION RECEIVED BY A POLICE OFFICER

3.1. A Police Officer upon receipt of such information shall verify, whether the same –

(a) pertains to or the information avers to the allegation of the commission of an offence(s) by a public servant under provisions of the Act;

(b) prima facie reveals actual commission of an offence under the Act;

(c) contains information to identify –

i. the public servant(s) against whom the offence has been alleged;

ii. the present status of such public servant against whom an offence under the Act has been alleged so as to determine the rank of appropriate Police Officer for seeking previous approval for conducting enquiry, inquiry or investigation under section 17A of the Act. For this purpose, in case the person who has ceased to be public servant the position/office last held by him shall be determined;

iii. specific act(s) of commission or omission attributable to such public servant(s);

iv. whether such act(s) are relatable to the official function or duty discharged by such public servant(s) specific to the office/post held at the time of commission of the alleged offence;

v. the specific recommendation(s) made or decision taken by such public servant(s); and

vi. deriving of an undue advantage for self or any other person to fulfil the ingredients of offences alleged against a public servant.

3.2. Deriving of an undue advantage by the public servant for self or for others is a key ingredient for establishing an offence against him and in absence of fulfilment of this condition any act of omission or commission amounts to an administrative misdemeanour only.

3.3. The Police Officer in receipt of an information shall place the matter before the Police Officer of Appropriate Rank for seeking previous approval under section 17A of the Act, by such Police Officer of Appropriate Rank.

3.4. The Police Officer of Appropriate Rank who shall make a proposal to the Appropriate Government/Authority under Section 17A of the Act, in respect of a person who is or has been a public servant, will be as specified in Annexure-I. Specifying ranks of police officers for seeking previous approval shall ensure due diligence for the purpose of processing proposals under section 17A of the Act.

4. PROCESSING OF ‘INFORMATION’ RECEIVED BY A POLICE OFFICER OF APPROPRIATE RANK

4.1. The Police Officer of Appropriate Rank as referred to above shall decide upon whether information received, merits to be –

• a) enquired; or
• b) inquired into; or
• c) investigated

4.2. “Enquiry” for the purposes of these SOPs, means any action taken, for verifying as to whether the information pertains to commission of an offence under the Act.

4.3. The proposal of the Police Officer of Appropriate Rank shall contain the following information –

i. the office held by the public servant(s) when the offence was alleged to have been committed;
ii. the present rank and status of the public servant; or
iii. the post/ office last held by the person who ceases to be a public servant; and
iv. the appropriate Government or Authority, before whom the proposal of previous approval is to be made in accordance with the provisions of clauses (a) to (c) of section 17A of the Act.

4.4. The Police Officer of Appropriate Rank shall make a proposal to the Appropriate Government or Authority, as the case may be, through the single window procedure as laid down by these SOPs and shall ensure that the proposal is in accordance with the requirements laid down in the Check List and encloses clear, legible and authenticated documents, as may be required.

4.5 Separate proposals shall be submitted for enquiry, inquiry or investigation, as the case may be.

4.6. Separate proposals shall be made in respect of each public servant, where a composite offence is alleged against more than one public servant.

4.7. The complete proposal shall be submitted in a sealed cover in accordance with the Check List as attached at Annexure II.

4.8. The Police Officer of Appropriate Rank shall submit the proposal for previous approval under section 17A of the Prevention of Corruption Act, 1988 to the officer designated by the Appropriate Government or Authority for the said purpose.

5. ACTION TO BE TAKEN ON PROPOSAL UNDER SECTION 17A OF THE ACT BY THE APPROPRIATE GOVERNMENT OR AUTHORITY – SINGLE WINDOW PROCEDURE

5.1. “Appropriate Government or Authority” means the Central or the State Government or an authority competent to remove a public servant from his office as stipulated by clauses (a) to (c) of section 17A.

5.2. The Central or the State Government may, by a general or special order, delegate powers for consideration of matters under section 17A in respect of public servants of different rank or status, as may be specified by such Government.

5.3. Appropriate Government or Authority shall designate an officer, serving such Government or Authority, not below the rank of an Under Secretary for receiving the proposals relating to previous approval under section 17A of the Act.

5.4. Incomplete proposals shall be returned for removing inadequacies and deficiencies for being addressed by the Police Officer of the Appropriate Rank within a reasonable period of time and expeditious submission of the complete proposal.

5.5. The statutory timelines for processing of the proposal shall be from the date of receipt of the complete proposal duly acknowledged by the designated officer.

5.6. All appropriate measures shall be taken by the Appropriate Government or Authority for completing the examination of the proposal within the statutory timelines.

5.7. Legal consultations, if required, will be undertaken in accordance with procedures of the Appropriate Government or Authority. The Appropriate Government or Authority shall take due diligence to maintain secrecy at all stages including the legal consultation process.

5.8. The Appropriate Government or the Authority, as the case may be, shall examine the proposal, by independent application of mind and take an appropriate decision under section 17A of the Act, for being conveyed to the Police Officer of Appropriate Rank.

Annexure-I

RANKS OF POLICE OFFICER FOR SEEKING PREVIOUS APPROVAL UNDER SECTION 17A IN RESPECT OF DIFFERENT CATEGORIES OF PUBLIC SERVANTS

NOTE: Persons authorised to investigate will not be below the rank of officers as stipulated under section 17 of the Act.

Annexure-II

CHECK LIST OF ITEMS FOR MATTERS RELATING TO SECTION 17A OF THE PREVENTION OF CORRUPTION ACT, 1988

Signature – – – – –
Date: – – – – –

Name of Police officer authorised
to seek prior approval
(in Block letters) – – – – –

Designation – – – – –

Telephone No. – – – – –

email ID – – – – –

The post New SOPs for public servant processing of cases under section 17A of the Prevention of Corruption Act 1988 DoPT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Central Government Employees need not file asset details of Spouse and Children – Cabinet gives the nod appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post Declaration of assets filing of Returns by public servants on or before 15.4.2016 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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

The post 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 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.