Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — filing of Returns by public servants - extension of last date - regarding

Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — filing of Returns by public servants - extension of last date - regarding

No. 407/16/2016-AVD-IV(LP)
Bharat Sarkar/Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, the 29th July, 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 - extension of last date - regarding

The undersigned is directed to refer to this Department's OMs No.407/12/2014- AVD. IV(B) dated 12th April, 2016, No. 407/02/2016-AVD. IV(Lokpal) dated 24th June, 2016 and No. 407/02/2016- AVD. IV(Lokpal) dated 4th July, 2016 as also

Secretary(Personnel)'s D.O. letter No. 407/12/2014- AVD. IV(B) vol. III dated 5th July, 2016 OM addressed to all Secretaries, regarding the furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013.

2. In this regard, it is stated that the last date for furnishing of declaration/information/annual return as on 01.08.2014, 31.03.2015 and 31.03.2016 relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 has been extended upto 31st December, 2016. 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 have been notified and uploaded on the website of this Department, i.e., http://persmin.nic.in/DOPT.asp.

3. Now the timelines for filing these returns are as follows:-

i. The first return of assets and liabilities as on 1st August, 2014 - on or before the 31st December, 2016.
ii. The annual return of assets and liabilities as on 31st March, 2015 - on or before the 31st December, 2016.
iii. The annual return of assets and liabilities as on 31st March, 2016 should be filed on or before 31st December, 2016.

(Rakesh Kumar)
Director

DoPT Order

Declaration of Assets and Liabilities by public servants on or before 31st December, 2016 - regarding

Declaration of Assets and Liabilities by public servants on or before 31st December, 2016 - regarding

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

NOTIFICATION

New Delhi, the 29th July, 2016.

G.S.R.747(E).-In exercise of the powers conferred by sub-section (1) read with clause (k) and clause (m) of sub-section (2) of section 59 read with section 44 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) Second Amendment Rules,2016.
(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 31st day of July, 2016", the words and figures "on or before the 31st day of December, 2016" shall be substituted;
(b) in the second proviso, for the words and figures " on or before the 31st day of July, 2016", the words and figures "on or before the 31st day of December, 2016" shall be substituted;
(c) after the second proviso, the following proviso shall be inserted, namely:-

"Provided also that the public servants who have filed declarations, information and annual returns of property under the provisions of the rules applicable to such public servants, shall file the revised declarations, information or as the case may be, annual returns as on the 30 day of March, 2016, to the competent authority on or before the 31 m day of December, 2016."

[ F.No.407/16/2016-AVD-IV(LP)]
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 subsequently 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, G.S.R. 536(E), dated the 3rd July, 2015, G.S.R. 776(E), dated the 12th October, 2015 and G.S.R. 414(E), dated the 11th April, 2016.

DoPT Order

Review of performance of public servants

Review of performance of public servants

The Ministry of Personnel, Public Grievances and Pensions is aware that review of performance of public servants occurs only after attaining age of 50 years or completion of 30 years of service. As per Fundamental Rule (FR) 56 (j):

“The Appropriate Authority shall, if it is in the opinion that it is in the public interest so to do, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice:

If he is in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years.

(i) in any other case after he has attained the age of fifty-five years”.

(ii) In addition, as per Rule 48 of CCS(Pension) Rules, 1972, at any time after a Government servant has completed thirty years’ qualifying service, he may be required by the appointing authority to retire in the public interest, and in the case of such retirement the Government servant shall be entitled to a retiring pension provided that the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice.

Further, as per Rule 16(3) (amended) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958, the Central Government may, in consultation with the State Government concerned, require a Member of the Service to retire from Service in public interest, after giving such Member at least three month’s previous notice in writing or three month’s pay and allowances in lieu of such notice, after the review when such Member completes 15 years of qualifying Service; or

(i) after the review when such Member completes 25 years of qualifying Service or attains the age of 50 years, as the case may be; or

(ii) if the review referred to in (i) or (ii) above has not been conducted, after the review at any other time as the Central Government deems fit in respect of such Member.

(iii) The above provisions have been reiterated from time to time and recently vide DoPT’s O.M. No. 25013/02/2005-AIS-II dated 28.06.2012 and 03.08.2015, and O.M. No. 25013/1/2013-Estt.A-IV dated 11.09.2015.

Disciplinary cases are conducted as per prescribed procedures. Normally, the details and monitoring of disciplinary cases is to be done by the respective cadre authorities. The Central Government has also from time to time been stressing on the need to complete disciplinary cases expeditiously and monitoring the same.
This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Shri Vivek Gupta in the Rajya Sabha today.

PIB

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

Lokpal and Lokayuktas Act, 2013, Submission of declaration of assets and liabilities by public servants belonging to CSSS & CSCS- reg.

Lokpal and Lokayuktas Act, 2013, Submission of declaration of assets and liabilities by public servants belonging to CSSS & CSCS- reg.

Immediate

No.25/1/2014-CS-II(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated 11th September, 2015

OFFICE MEMORANDUM

Subject:- Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by public servants belonging to CSSS & CSCS -regarding.

The undersigned is directed to refer to this Department’s OM of even number dated 15.04.2015 regarding declaration of assets and liabilities by CSSS & CSCS officials under the Lokpal and Lokayuktas Act, 2013 and to say that, vide Notification No. 407/12/2014-AVD-IV(B) dated 27.04.2015 and also OM NoA07/12/2014-AVD-IV(B) dated 25.04.2015 of this Department , the last date for filling of returns by public servants, as on 01.08.2014 and as on 31.03.2015, has been extended to ,15th October, 2015.

2. All CSSS/CSCS officials are requested to file the returns as on 01.08.2014 and for the year 2015 (as on 31.03.2015) online at cscms.nic.in at the earliest without waiting for the last date to approach to avoid rush and slowing down of the system at the last moment. All officers of PPS and above levels of CSSS should also take a print out of the return filed online and submit the same to this Department duly signed.

3. Ministries/Departments are requested that the contents of this OM be widely circulated among all CSSS/CSCS officials working under their control. They should also monitor and ensure that the returns are submitted by all officials within the stipulated period without fail through Web Based Cadre Management System.

4. In case of any difficulty, nodal officers may contact CMC officials who have developed Web Based Cadre Management System at Telephone No. 011-24629890.

(Kameshwar Mishra)
Under Secretary to the Govt. of India
Telefax: 24623157

Source: ccis.nic.in

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

Click here for Original Order

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.

Click to read more…

The Lokpal and Lokayktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants

Dopt Orders on submission of declaration of assets and liabilities by the public servants

The Lokpal and Lokayuktas Act, 2013 – Submission of declaration of assets and liabilities by the public servants.

IMMEDIATE

F. No. 21/2/2014-CS.I (PR)
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
CS.I Division

2 Floor, Loknayak Bhawan,
Khan Market, New Delhi
Dated: 7.1.2015

OFFICE MEMORANDUM

Subject: The Lokpal and Lokayktas Act, 2013 — Submission of declaration of assets and liabilities by the public servants

Ministries/ Departments may refer to CS.I Division, DoPTs OM. of even number dated 31st July 2014 and 9th September 2014 on the subject mentioned above.

2. The Government has since amended 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 under the Lokpal and Lokayuktas Act, 2013 vide Notification No G.S.R. 918(E) dated 26th December 2014. in terms of which, the last date of revised returns of assets and liabilities by public servants has been extended to 30th April 2015. The Notification is available on the website of this Department. Further, the Govt. have also modified Form No.11 and Form No.IV for filing of the returns. The  revised formats are attached herewith. Accordingly, all the CSS Officers shall be required to file the revised declarations, information as on the 1.8.2014 by 30.4.2015.

3. The extended date and the modified formats for filing of the returns may be brought to the notice of all CSS Officers. Ministries / Departments are also requested to forward the declarations, information, returns submitted by US and above level officers of CSS to CS.I Division, DoPT for records.

sd/-
(Utraarsh R.Tiwaari)
Director

Click to view the format of revised forms
Source: www.persmin.gov.in