Lokpal and Lokayuktas Act, 2013 - Submission of declaration of assets and liabilities by the public servants for each year and placing the same in public domain on the websites of the Ministries/ Departments

The Lokpal and Lokayuktas Act, 2013 - Submission of declaration of assets and liabilities by the public servants for each year and placing the same in public domain on the websites of the Ministries/ Departments

No. 11013/3/2014-Estt(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi- 110 001

Dated March 20, 2014

OFFICE MEMORANDUM

Subject: The Lokpal and Lokayuktas Act, 2013 - Submission of declaration of assets and liabilities by the public servants for each year and placing the same in public domain on the websites of the Ministries/ Departments

The undersigned is directed to say that the Lokpal and Lokayuktas Act, 2013 has come into force on 16.01.2014. Section 44 of the Act requires making of a declaration of assets and liabilities by the public servant to the competent authority in the manner provided under the said Act. Section 44 of the said Act also requires furnishing of information relating to assets and liabilities, (i) by the public servant on the occasion of entering upon office within thirty days from the date of assumption of office, and (ii) by a public servant holding his office as such within a period of thirty days from the date of coming into force of the Act. It also requires the filing of annual return of such assets and liabilities with the competent authority, on or before the 31st day of July every year; and the competent authority in respect of each Ministry or Department shall ensure such statements are published on the website of such Ministry or Department by the 31st day of August of that year.

2. As per the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 notified on 15.02.2014, a time period of 180 days from the date of coming into force of the provisions of the said Act i.e., l 5.07.2014 has been allowed for modification or amendment of the relevant rules and also for framing of appropriate rules under section 44 of the Act. The public servants who have filed the declarations, information and returns under the provisions of the relevant rules shall file revised declarations, information or returns, as the case may be, in compliance of the rules framed under Section 44 of the said Act within the period specified therein.

3. The Act and the Order dated 15.02.2014 are available on this Department's website at http://persminmic.in/dopt.asp --> Gazette Notifications --> Services Others. Extracts from the Lokpal and Lokayuktas Act, 2013 relating to the following are enclosed for ready reference:

(i) Section 2(1)(c) relating to 'competent authority' (Annexure-I);
(ii) Section 2(1)(o) relating to definition of 'public servant' (Annexure-II); and
(iii) Section 14(1) relating to categories of persons to whom the jurisdiction of Lokpal extends (Annexure-I11).

4. The Rule 18 of the Central Civil Services (Conduct Rules), 1964 contain provisions relating to Movable, immovable and valuable property. The Rule stipulate that every Government servant shall on his first appointment to any service or post submit a return of his assets and liabilities, giving the full particulars regarding (a) the immovable property inherited by him, or owned 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 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. The Rule also stipulates that every Government servant belonging to any service or holding any post included in Group 'A' and Group 'B' shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned 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. Similar provisions exist in the Conduct Rules governing other civil services.

5. With the enactment of the Lokpal and Lokayuktas Act, 2013, it is necessary to obtain disclosures from public servants as defined in the Act and bring the existing formats for disclosures, if any, in sync with the Section 44 of the said Act. A draft format, based on the forms prescribed in the Central Civil Services (Conduct Rules), 1964 for declarations of assets and liabilities, is annexed (Annexure-IV). It is requested that comments/ suggestions with respect to Public Servants' falling in the jurisdiction of your Ministry/ Department/ Organisation may be provided to this Department. The approved format will then be formally issued by this Department. It is further requested that the comments may kindly be provided positively by 04.04.2014, with a soft copy sent by email to Director(Establishment) at dse nic.in.

sd/-
(Mamta Kundra)
Joint Secretary (Establishment)

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_3_2014-Estt.A-20032014.pdf]