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.

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

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

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

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Declaration of Assets and Liabilities by public servants

Declaration of Assets and Liabilities by public servants

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

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Dopt clarification orders regarding declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013

Dopt clarification orders regarding declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013

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 – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants.

Filing of property returns already extended the time limit from 31st December, 2014 to 30th April, 2015. In this regard, several queries are being received from various Ministries/Departments/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.

The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Under the said section, a public servant is required to furnish to the competent authority the infonnation 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 an 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.

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