| 1. Whether the Lokpal and Lokayuktas Act, 2013 has come into force? |
Yes, vide Gazette
Notification No. S.O. 119(E) dated 16-01- 2014, the Lokpal and
Lokayuktas Act, 2013 (1 of 2014 has come into force from the said date.
However, the institution of Lokpal is yet to become functional, since
the Act needs some amendments, inter alia, so as to resolve certain
issues relating to appointment of Chairperson and Members of Lokpal,
etc. in the absence of a Leader of Opposition recognized as such in the
Lok Sabha. For this purpose, a Bill has been introduced in Parliament
and is currently under consideration of the Department Related
Parliamentary Standing Committee on Personnel, Public Grievances and Law
and Justice. |
| 2. What are the Rules and Orders notified under the provisions of the Lokpal and Lokayuktas Act, 2013? |
The Rules and Orders notified under the Act so far, are as follows:-
(a) 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 [notified vide Gazette.
Notification No. G.S.R. 501(E) dated 14-07-2014 amended vide
Notification No. GSR No. 638(E) dated 08-09-2014]
(b) 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, 2014. [notified vide Gazette
Notification No. G.S.R. 9I8(E) dated 26-12-2014]
(c) Search Committee (Constitution, Terms and Conditions of
appointment of members and the manner of selection of Panel of Names for
appointment of Chairperson and Members of Lokpal) Rules, 2014.
[notified vide Gazette Notification No. G.S.R. 31(E) dated 17-01-2014].
(d) Search Committee (Constitution, Terms and Conditions of
appointment of members and the manner of selection of Panel of Names for
appointment of Chairperson and Members of Lokpal) Amendment Rules,
2014. [notified vide Gazette Notification No. G.S.R. 620(E) dated 27-08-
2014]
(e) The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014
[notified vide Gazette Notification No. S.O. 409(E) dated 15-02-2014
with subsequent amendments having been made vide Notifications No. S.O.
1840(E) dated 14-07-2014, No. S.O. 2256(E) dated 08-09-2014 and No. S.O.
3272(E) dated 26-12-2014]
The rules and orders as referred to above can be accessed by clicking on the links above. |
| 3. What is the jurisdiction of Lokpal in respect of Inquiry? |
Please see Section 14 of the Lokpal and Lokayuktas Act, 2013 (I of 2014). |
| 4. Whether the Lokpal and Lokayuktas Act, 2013 is applicable to the employees of State Governments? |
In terms of provisions of section 14 of
the Lokpal and Lokayuktas Act, 2013 the employees of the State
Government are not covered unless they have served in connection with
the affairs of the Union. The jurisdiction of the Lokpal will extend on
the following categories of employees only after obtaining the consent
of the concerned State Government. [proviso under section 14(1)(f)
refers] inter alia, over the following categories of public servants
referred to in section 14(1)(d) & (e):
“(d) any Group ‘A’ or Group ‘B’ officer or equivalent or
above, from amongst the public servants defined in subclauses (i) and
(ii) of clause (c) of section 2 of the Prevention of Corruption Act,
1988 when serving or who has served, in connection with the affairs of
the Union;
(e) any Group ‘C’ or Group ‘D’ official or equivalent, from amongst
the public servants defined in sub-clauses (i) and (ii) of clause (c) of
section 2 of the Prevention of Corruption Act, 1988 when serving or who
has served in connection with the affairs of the Union subject to the
provision of sub-section (1) of section 20;”.
Thus, it may be seen that the employees of the State Governments are not under the jurisdiction of the Lokpal.
Further, under section 63 of the Act, the States are under an
obligation to establish an institution of Lokayukta, by a law enacted by
the State Legislature, if not already done so, within a period of one
year from the coming into force of the Act. Employees of the State
Government are, inter alia, to be covered under the jurisdiction of the
respective Lokayuktas. |
| 5. Whether the Lokpal and Lokayuktas Act,
2013 is applicable on All India Service officers working under the
control of the State Government? |
Yes, as they are public
servants within the meaning of clause (o) of sub-section (1) of section 2
of the Act, read with sub-section (1) of section 14 of the Act.
However, consent of the State Government would be necessary before
Lokpal orders an Inquiry in respect of such an officer if he is employed
in connection with the affairs of a State Government. Please see
proviso after clause (f) of subsection (1) of section 14. |
| 6. Under what provisions of the Lokpal and
Lokayuktas Act and Rules, the information in respect of the Assets and
Liabilities is to be furnished by Public Servants. |
Section 44 of the Lokpal and
Lokayuktas Act, 2013 and the Public Servants (Furnishing of Information
and annual return containing declaration of Assets and Liabilities by
public servants and Limits for Exemption of Assets in filing Returns)
Rules, 2014 notified on 14th July 2014 as last amended by the
amendment Rules notified on 26th December, 2014, the information in
respect of the Assets and Liabilities is required to be furnished by all
Public Servants.
(For links to the rules referred to above please see S. No. 2 above) |
| 7. What is the difference between
the declaration of assets by public servants under the Lokpal and
Lokayuktas Act, 2013 and the filing of property returns by public
servants under the applicable Conduct Rules? |
The provisions relating to filing of
assets and liabilities by public servants are contained in section 44 of
the Lokpal and Lokayuktas Act, 2013. Under the said section, a public
servant is required to furnish to the competent authority the
information 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 any 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.
Further, till such time, the relevant Conduct Rules are aligned with
the Lokpal law, only those categories of Government servants are
required to file their declarations/annual returns under such rules,
which are presently covered under them. Under these rules, public
servants are generally required to submit annual property returns as on
the January of the year, on or before 31′ January of that year. The
Lokpal Act [section 44(4)], on the other hand, requires the filing of
annual returns as on the 31″ March of the year by each public servant on
or before 31′ July of that year. Thus, the requirements of the Lokpal
and Lokayuktas Act, 2013 and the relevant Conduct Rules are different in
the manner of filing information also. |
8. (a) Whether Government has prescribed
any formats for the submission of information regarding assets and
liabilities by public servants under the Lokpal law?
(b) Where can the forms be accessed?
(c) What are the timelines for furnishing such information specific to the years 2014 and 2015, as also for subsequent years? |
The form and manner in which information
regarding assets and liabilities are required to be furnished by public
servants have been prescribed under the Public Servants (Furnishing of
information and Annual Return of Assets and Liabilities and Limits for
exemption of assets in filing Returns) Rules, 2014, as amended from time
to time. A complete set of the formats and clarifications as regards
the timelines for filing of such declaration and returns have been
provided in this Department’s OM No.407/12/2014-AVD-IV-B dated 18-03-
2015. The timelines for annual returns required to be filed for
different years is as follows:
(a) The first return (as on 1 at August, 2014) under the Lokpal Act should be filed on or before thel5th October, 2015;
(b) The next annual return under the Lokpal and Lokayuktas Act, 2013
for the year ending 3Ist March, 2015 should be filed on or before thel
5th October, 2015; and
(c) The annual return for subsequent years as on 31′ March every year should be filed on or before 31″ July of that year.
|
| 9. To whom is the information in respect
of assets and liabilities required to be furnished? Is it necessary to
forward copies of such information to the Lokpal or to the DoPT? |
Section 44 of the Act mandates that the
information regarding assets and liabilities is to be submitted by each
public servant to his/her own competent authority (as defined in the
Act). There is no requirement for submission of copies of such
informationby individual officers to the Lokpal or to DoPT other than
those working in DOPT or Lokpal. |
| 10.Is there any requirement that
all applicable Conduct Rules for different categories of public servants
have to be amended in line with the provisions of the Lokpal and
Lokayuktas Act? Please provide complete details. |
Section 56 of the Lokpal and Lokayuktas Act, 2013 reads as under:-
“56. The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any
enactment other than this Act or in any instrument having effect by
virtue of any enactment other than this Act.”.
The above provisions mandate that even if there are any provisions in
any existing law (which, inter alia, includes relevant Conduct Rules
framed under Article 309, etc.) which are inconsistent with the
provisions of the Lokpal and Lokayuktas Act, the provisions of the said
Act shall have effect, notwithstanding such inconsistency. Thus, the
provisions regarding filing of information/annual returns regarding
assets and liabilities by public servants under section 44 of the Lokpal
and Lokayuktas Act shall have effect, notwithstanding anything
inconsistent therewith in the applicable Conduct Rules. In other words,
the filing of information/annual return under the Lokpal law in the
manner prescribed by rules made under that Act, is a mandatory
requirement, and the same cannot be dispensed with under any
circumstances, except by an amendment of the Act itself. Attention in
this regard is also invited to section 57 of the Lokpal and Lokayuktas
Act which reads as under:-
“57. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.”.
A combined reading of section 57, along with section 44 of the Act,
would make it clear that the requirement of filing returns regarding
assets and liabilities under the Lokpal and Lokayuktas Act is in
addition to, and not in derogation/supersession of the requirement of
filing similar returns under the existing Conduct Rules. In view of
this, the requirement of filing of property returns under the existing
Conduct Rules is an independent requirement under the applicable rules
and the same can be dispensed with, only by amending those rules. In
other words, the requirement of filing returns of assets and liabilities
under the applicable Conduct Rules has to continue, till such time as
the provisions of those rules are harmonised with the relevant
provisions of the Lokpal Act and the rules framed thereunder, by
carrying out appropriate amendments in them.
Attention is further invited to the Central Government’s
notification, S.O. 3272(E) dated 26-12-2014], further amending the
Lokpal and 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. In view of this, all
Ministries/Departments/cadre authorities are required to complete the
necessary exercise for harmonising the provisions of relevant Conduct
Rules with the provisions of the Lokpal and Lokayuktas Act and the rules
made thereunder, within this extended time of eighteen months. All
Ministries/Departments and other cadre controlling authorities have been
appraised about this requirement separately through D.O. letters dated
8thSeptember, 2014 and 29″ December, 2014 issued by this Department. In
view of this, it is incumbent upon all Ministries / Departments/cadre
controlling authorities to ensure that the relevant conduct rules
relating to services administered/controlled by them are brought in
harmony with the provisions of the Lokpal Act and rules made thereunder
within this extended time limit of eighteen months. |
| 11.Whether a public servant/ Government
Servant has to submit the Annual Property Return as required under the
Conduct Rules applicable and also furnish the details of his Assets and
liabilities and also his/her spouse and dependent children under the
Lokpal and Lokayuktas Act,2013 |
Yes, till such time the applicable Conduct Rules are attuned with the relevant provisions of the Lokpal and Lokayuktas Act, 2013. |
| 12. Government proposes to amend the provisions of section 44 of the Lokpal and Lokayuktas Act? If so, the details thereof? |
Government has introduced a Bill, namely,
the Lokpal and Lokayuktas and other related law (Amendment) Bill, 2014,
in the Lok Sabha on 18th December, 2014. The said Bill contains, inter
alia, a proposal to amend section 44, in order to provide for a scheme
wherein the filing of information by public servants under the
provisions of the section are proposed to be brought in harmony with the
provisions of the respective Acts, Rules or Regulations, as applicable
to different categories of public servants. It is also proposed to amend
sub-section (6) of section 44 in order to enable the Central Government
to prescribe the manner in which information furnished by public
servants of different categories is to be published, keeping public
interest in view, by the respective competent authorities. The said Bill
now stands referred to the Department Related Parliamentary Standing
Committee on Personnel, Public Grievances, Law and Justice, for
consideration and report. |
| 13. In case, the spouse is also a public
servants, whether both, the husband and wife have to file the returns
indicating the assets and liabilities of the other spouse, under the
Lokpal and Lokayuktas Act, 2013. |
Yes. Sub-section (1) of
Section 44 of the Lokpal and Lokayuktas Act, 2013 makes it mandatory for
every public servant to make a declaration of his assets and
liabilities in the manner as provided by or under this Act, i.e. as per
provisions of section 44(2) of the Act. The requirement is binding on
each public servant, irrespective of whether the spouse of the public
servant is also a public servant or not. |
| 14. In case, the spouse of a public
servant, has assets procured by his/her own income, or has his/her own
property, whether, in such a case also, the public servant has to
indicate the assets and liabilities of the spouse in the returns under
the Lokpal and Lokayuktas Act, 2013. |
Yes. Clauses (a) and (b)
of Sub — section (2) of Section 44 of the Lokpal and Lokayuktas Act,2013
does not make any exception in respect of assets procured by the spouse
of the public servant by his/her own income. |
| 15. Whether the assets and liabilities of
spouse of a public servant, who is an employee of a private company/
organisation, are to be reflected in the return of the assets and
liabilities to be filed by the public servant, under the provisions of
the Lokpal and Lokayuktas Act, 2013. |
Yes. Clauses (a) and (b)
of Sub — section (2) of Section 44 of the Lokpal and Lokayuktas Act,2013
does not make any exception for not not furnishing the declaration, in
respect of assets procured by the spouse of the public servant by
his/her own income. |
| 16. Whether a public servant, who has a
share in an undivided property of Hindu Undivided Family, is required to
furnish such information and in what manner? |
Yes. Please see the Note 2
of APPENDIX—I of the Public Servants (Furnishing of Information and
annual return containing declaration of assets and liabilities by public
servants and Limits for Exemption of Assets in filing Returns) Rules,
2014 [Notification No. G.S.R. 501(E) dated 14-07-2014]. It states that
“if a public servant is a member of Hindu Undivided Family with
co-parcenary rights in the
properties of the family either as a “Karta” or as a member, he
should indicate in the return in Form No. III the value of his share in
such property.”
The same principle will also have to be followed in respect of movable property belonging to a HUF. |
| 17. In what manner the value of his share
in the undivided property of Hindu Undivided Family, is to be indicated
by a public servant, particularly if it is not possible to indicate the
exact value his share? |
The approximate value of his share may be
indicated with explanatory note wherever necessary, if it is not
possible to indicate the exact value of his share. |
| 18.What happens if a public servant fails to furnish information in respect of his assets |
If a public servant willfully or for the
reasons which are not justifiable, fails to declare his assets or gives
misleading information in respect of such assets and is found to be
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.
[Please see section 45 of the Lokpal and Lokayuktas Act, 2013] |
| 19. Whether the Information furnished by the public servants will be put in public domain? |
Yes. As per provision of Section 44(6) of the Lokpal and Lokayuktas Act, 2013.
“The Competent authority in respect of each Ministry or
Department shall ensure that all such statements are published on web
site of such Ministry or Department by 31′ August of that year.”
|
| 20.Whether the Public Servants who retire
before 15.10.2015 ( Extended last date for submission of revised Returns
for 2014 and 2015) are required to file returns of Assets and
Liabilities under the Lokpal and Lokayuktas Act,2013 |
All the Public Servants who held the
office as such on the date of commencement of the Lokpal and Lokayuktas
Act,2013 i.e. 16.01.2014 are required to file the returns of Assets and
Liabilities on or before 15.10.2015 |
