Amendment order to the Lokpal Removal of Difficulties Order, 2014
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
ORDER
New Delhi, the 26th December, 2014
S.O. 3272(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 Lokayaktas (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 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 and Legislative
Department), the Department of Financial Services, the Department of
Public Enterprises and the State Governments;
And whereas, the comments and suggestions received from above said
authorities had been under consideration of the Central Government and
the completion of the procedure of finalising the rules under the said
Act was likely to take some more time and the process of harmonisation
of the existing rules with the provisions of the said Act and the rules
made thereunder was taking time beyond the period notified under the
said Order, and, therefore, the Central Government amended the said
Order on 14th July 2014, extending the said period of one hundred and
eighty days to a period of two hundred and seventy days;
And whereas, the Central Government, after consulting the
Ministries/Departments, including the Department of Financial Services,
the Department of Public Enterprises, the Ministry of Law and Justice
and the office of the Comptroller and Auditor General of India, made the
Public Servants (Furnishing of Information and Annual Return of Assets
and Liabilities and the Limits for Exemption of Assets in Filling
Returns) Rules, 2014 (hereinafter referred to as the said rules), in
exercise of the powers conferred by sub-section (1) read with clause (k)
and clause (l) of sub-section (2) of section 59 read with section 44
and section 45 of the Lokpal and Lokayuktas Act, 2013, and notified the
said rules on 14th July, 2014, prescribing therein the forms in which
information and annual returns are to be filed by every public servant;
And whereas, the Central Government forwarded the copies of the
notification containing the said rules to all Ministries and Departments
of the Central Government requesting them to take the follow-up action
in terms of the said rules, and for ensuring compliance with the said
rules by all officers and staff in the respective Ministries,
Departments and organisations and public sector undertakings under their
control;
And whereas, the Central Government also forwarded the copies of the
notification containing the said rules to the Chief Secretaries of all
State Governments and Union territories, requesting them to take the
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 staff working in various
organisations and public sector undertakings under their control so as
to ensure due compliance with the said rules by all of them;
And whereas, concerns and apprehensions were raised by some
Ministries and Departments, Organisations and individuals about the
posting of every information provided by the public servant on public
domain and the complexities involved in posting such details, in the
prescribed formats and also about exacerbation of vuinerbilities of the
public servants after filing such details, specifically of movable
property and their publication on the websites of respective Ministries
and Departments giving rise to the apprehension of the safety and
security of the members particularly children of the public servant;
And Whereas, keeping in view the genuine concerns and apprehensions
aforesaid, the Central Government constituted a Committee 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 and the Committed was
required to examine the forms prescribed under the said rules and
suggest changes therein as may be considered necessary within a period
of forty-five days;
And whereas, the exercise of reviewing the existing rules relating to
various services and posts with the provisions of the said Act and the
rules made thereunder, the process of completion of follow-up action by
various Ministries and Departments of the Central Government and the
State Governments and the exercise of simplification of forms and
process in which public servants shall make declarations of assets and
liabilities, was likely take time beyond the period of two hundred and
seventy days as specified in the said Order (as amended by the Order,
dated 14th July, 2014), it has become necessary to extend the said
period of two hundred and seventy days and, accordingly, the 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 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 Offices and Staff 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, is a
time consuming process and as such the said process cannot 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, Central Government has decided to amend the Lokpal and
Lokayuktas Act, 2013, to address various deficiencies noticed in the
said Act and, in that context, a need has also been 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 thereunder, the
All India Services Act, 1951 and rules framed thereunder, 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 Undertaking and the rules framed thereunder;
And Whereas, the introduction of a Bill to amend the Lokpal and
Lokayuktas Act, 2013, and its passing by Parliament and enforcement is
also likely to take time; and hence it has become necessary to extend
the said period of three hundred and sixty days to a period of eighteen
months, and the Central Government has accordingly decided to extend the
period to complete this process;
Now, therefore, in exercise of the powers conferred by sub-section
(1) of section 62 of the Lokpal and Lokayuktas Act. 2013 (1 of 2014),
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 three hundred and sixty days”, the
words “within a period not exceeding eighteen months” shall be
substituted.
[F. No. 407/12/2014-AVD-IV(B) 1]
JISHNU BARUA, Jt. 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 15th February, 2014 and amended by Order,
dated 14th July, 2014 published vide notification number S.O. 1840(E)
dated 15th July, 2014; and by Order dated 8th September, 2014 published
vide notification number S.O. 2256(E) dated 8th September, 2014.
Source-http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/removaldifficultyorder.pdf
