Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall...

21
F. No. 407/02/2016-AVD.IV(Lokpal) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training NorthNew Delhi, Dated: the24 14 June, 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 on or before 31 st July, 2016- regarding. The undersigned is directed to refer to this Department's OM of even number dated 02.04.2016 inviting attention to provisions of Lokpal and Lokayuktas Act, 2013, requiring furnishing of information relating to assets and liabilities by all categories of public servants as defined under section 2(o) read with section 14(1) (a) to (h) of Lokpal and Lokayuktas Act, 2013. In this connection, undersigned is directed to forward herewith copies of the Central Government's notifications dated 20 th June, 2016 as regards the following: a) that the competent authority in relation to public servants referred in clause (h) of section 14(1) of Lokpal and Lokayuktas Act, 2013, shall be the Minister-in- charge of the Ministry of Home Affairs. b) that the competent authority in relation to public servants referred in clause (g) of section 14(1) of Lokpal and Lokayuktas Act, 2013, shall be the Minister-in- charge of the Ministry or Department of the Government of India providing financial assistance to any society, association of persons or trust, referred to in the aforesaid clause. c) that the threshold of annual income for societies, association of persons or trusts under the clause (g) of section 14(1) of Lokpal and Lokayuktas Act, 2013 is specified as being "in excess of rupees one crore", for the purposes of their director, manager, secretary or other officer of every other society or association of persons or trust being under the jurisdiction of the Lokpal. 2. All Ministries/Departments are requested to bring to the notice of all concerned, aforementioned notifications inviting attentions to the provisions of the Lokpal and Lokayuktas Act, 2013 and to inform and sensitize the societies/associations of persons/trusts financed by such Ministries/Departments about the requirement of the law and deadlines for filing of necessary declarations/returns within the time-limit mentioned therein. In this connection, this Department's OM No. 407/12/2014-AVD-IV(B) dated 28 th March, 2016, whereby revised set of consolidated forms were circulated is also enclosed herewith for ready reference. It may be stressed that the last date for filing of such declarations/annual

Transcript of Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall...

Page 1: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants

F. No. 407/02/2016-AVD.IV(Lokpal) Government of India

Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training

NorthNew Delhi, Dated: the24 14June, 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 on or before 31 st July, 2016- regarding.

The undersigned is directed to refer to this Department's OM of even number dated 02.04.2016 inviting attention to provisions of Lokpal and Lokayuktas Act, 2013, requiring furnishing of information relating to assets and liabilities by all categories of public servants as defined under section 2(o) read with section 14(1) (a) to (h) of Lokpal and Lokayuktas Act, 2013. In this connection, undersigned is directed to forward herewith copies of the Central Government's notifications dated 20 th June, 2016 as regards the following:

a) that the competent authority in relation to public servants referred in clause (h) of section 14(1) of Lokpal and Lokayuktas Act, 2013, shall be the Minister-in-charge of the Ministry of Home Affairs.

b) that the competent authority in relation to public servants referred in clause (g) of section 14(1) of Lokpal and Lokayuktas Act, 2013, shall be the Minister-in-charge of the Ministry or Department of the Government of India providing financial assistance to any society, association of persons or trust, referred to in the aforesaid clause.

c) that the threshold of annual income for societies, association of persons or trusts under the clause (g) of section 14(1) of Lokpal and Lokayuktas Act, 2013 is specified as being "in excess of rupees one crore", for the purposes of their director, manager, secretary or other officer of every other society or association of persons or trust being under the jurisdiction of the Lokpal.

2. All Ministries/Departments are requested to bring to the notice of all concerned, aforementioned notifications inviting attentions to the provisions of the Lokpal and Lokayuktas Act, 2013 and to inform and sensitize the societies/associations of persons/trusts financed by such Ministries/Departments about the requirement of the law and deadlines for filing of necessary declarations/returns within the time-limit mentioned therein. In this connection, this Department's OM No. 407/12/2014-AVD-IV(B) dated 28 th March, 2016, whereby revised set of consolidated forms were circulated is also enclosed herewith for ready reference. It may be stressed that the last date for filing of such declarations/annual

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9■9 (Ji u Barua)

Joint Secretary to the t. of India Tel 23093591

Encl: as above.

returns under the Lokpal and Lokayuktas Act, 2013 has been prescribed as 31 st July, 2016 by Asset Amendment Rules, 2016, thus, the timelines as referred to in the said OM stand modified. The copy of the said OM is being enclosed only for the purpose of providing a complete set of revised forms in which the required declarations/annual returns are required to be filed by all public servants. It may also be brought to the notice of all concerned that non-filing of such information and non-adherence to the said timelines may invite action in terms of provisions of section 45 of the Lokpal and Lokayuktas Act, 2013.

To

The Secretary, Ministries/Departments (as per standard list)

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 20th June, 2016

S.O.2154(E).— In exercise of the powers conferred under sub-clause (vii) of sub-section (1) of section 2 read with clause (g) of sub-section (1) of section 14 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) (hereafter in this notification referred to as the said Act), the Central Government hereby notifies that for any person referred to in clause (g) of sub-section (1) of section 14 of the said Act, the Minister-in-charge of the Ministry or Department of the Government of India providing financial assistance to any society, association of persons or trust, referred to in the aforesaid clause, shall be the competent authority:

Provided that if a society or association of persons or trust, referred to in the said clause (g) is financed by more than one Ministries or Departments of the Government, the Minister-in-charge of the Ministry or Department, whose contribution as financial assistance to the said society or association of persons or trust is highest in the year for which declaration or annual return is being filed, shall be the competent authority in respect of such society or association of persons or trust during that particular year.

2. For the purposes of this notification,-

(i) the original declaration or annual return may be filed before the Ministry or Department making the highest contribution as financial assistance and a copy of the return may be sent to all other Ministries or Departments financing such society or association of persons or trust;

(ii) the annual returns shall continue to be filed by the category of public servants referred to in paragraph (1), till such time the entire financial assistance allowed to such society or association of persons or trust stands fully utilised for the purposes for which it was allowed;

(iii) the competent authority with which such annual return is to be filed may vary from year to year based on the Ministry or the Department whose contribution as financial assistance to the said society or association of persons or trust is highest in that year;

(iv) the expression "every other society" means a society not covered under clause (f) of sub-section (1) of section 14 of the said Act.

[F.No.407/02/2016-AVD-IV(Lokpal)Pt.2]

JISHNU BARUA, It. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training) NOTIFICATION

New Delhi, the 20th June, 2016 S.O. 2155(E).—In exercise of the powers conferred

by clause (g) of sub-section (1) of section 14 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) (hereafter in this notification referred to as the said Act), the Central Government hereby notifies the amount of annual income of society or association of persons or trust (whether registered under any law for the time being in force or not), by whatever name called, wholly or partly financed by the Government as referred to in clause (g) of sub-section (1) of section 14 of the said Act for being under the jurisdiction of Lokpal, shall be " one crore rupees".

2. For the purpose of this notification only the grants or financial assistance given by the Central Government may be taken into consideration for determining the annual income.

[F. No. 407/02/2016-AVD-IV(Lokpal) Pt. 1] JISHNUBARUA,Jt. Secy.

3109 GI/2016 Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and PubliShed by the Controller of Publications, Delhi-110054.

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2

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION New Delhi, the 20th June, 2016

S.O.2156(E).—In exercise of the powers conferred under sub-clause (vii) of clause (c) of sub-section (1) of section 2 read with section 14 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) (hereafter in this notification referred to as the said Act), the Central Government hereby notifies that the "competent authority" in relation to public servants referred in clause (h) of sub- section (1) of section 14 of the said Act, shall be the Minister-in-charge of the Ministry of Home Affairs

2. For the purposes of this notification,-

(i) the annual returns relating to receipt of any donations from any foreign source under the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) shall continue to be filed by any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not), till such time the entire amount of the donation aforesaid, received by such society or association of persons or trust stands fully utilised;

(ii) the expression "every other society" means a society not covered under clause (f) of sub-section (1) of section 14 of the Lokpal and Lokayuktas Act, 2013.

[F.No.407/02/2016-AVD-IV(Lokpal)] JISHNU BARUA, Jt. Secy.

Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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No. 407/12/2014-AVD4V(B) Government of India

Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training

North Block, New Delhi, 28 th March, 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 on or before 15th April, 2016 - regarding

The undersigned is directed to refer to this Department's O.M. of even number dated 11 th October, 2015 on the subject mentioned above whereby it was informed that the last date of furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 was extended upto 15.04.2016.

2. In this regard, it is stated that there shall be no further extension of the aforesaid last date i.e. 15.04.2016.

3. The formats to be used for submission of these returns to competent authorities have already been communicated to all concerned vide para-3 of OM of even number dated 18.03.2015. However, a copy of the same is enclosed for ready reference.

4. In this regard, it is informed that :-

i. The first return as on 1st August, 2014 under the Lokpal and Lokayuktas Act, 2013 should be filed on or before the 15th April, 2016

ii. The next return as on 31st March, 2015 under the Lokpal and Lokayuktas Act, 2013 should be filed on or before the 15th April, 2016.

iii. The annual return as on 31st March, 2016 under the Lokpal and Lokayuktas Act, 2013 should be filed on or before 31st July, 2016.

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iv. The annual return for subsequent years as on 31st March every year should be filed on or before 31st July of that year.

5. All Ministries/Departments and cadre authorities are requested to kindly issue order towards ensuring compliance of above timelines by all officers and staff in the respective Ministry/Department/Organizations/PSUs under their control. This OM may be given wide publicity including publishing the same on the respective websites of Ministry/Department /Organization/PSU.

Encl: As above.

Jishnu Barua) Joint Secretary to the Govt. of India

Tel. 23093591

To

1. Secretary All Ministries/Departments of the Government of India (as per standard mailing list)

2. The Chief Secretary All State Government/Administrators, UTs (as per standard mailing list) { It is also requested to place this OM on the State Government /UT Administration websites for information of AIS officers. }

Copy, with a request for similar action, forwarded to:

(i) Secretary General, Lok Sabha (ii) Secretary General, Rajya Sabha (iii) Comptroller and Auditor General of India (iv) Secretary, Election Commission of India

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No.407/12/2014-AVD-IV-B Government of India

Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training

North Block, New Delhi-110001. Dated the 18.03.2015.

Office Memorandum

Subject : Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — Clarification regarding formats to be used for filing returns under the Act.

The undersigned is directed to refer to this Department's DO letter of even No. dated 29th December, 2014 and the O.M. of even No. dated 13 th January, 2015 regarding furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013, forwarding therewith copies of the Central Government's notifications dated 26 th 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 Umits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns ( pi see proviso under sub- rule 2 of rule 3 of the principal rules) by all public servants from 31 °

December, 2014 to 30th April, 2015.

2. In this regard, it is clarified that :-

The first return (as on 1 ° August, 2014) under the Lokpal Act should be filed on or before the 30th April, 2015;

(ii) The next annual return under the the Lokpal and Lokayuktas Act, 2013 for the year ending 31 ° March, 2015 should be filed on or before 31 ° July,

2015; and

(iii) The annual return for subsequent years as on 31 ° March every year should

be filed on or before 31 ° July of that year. •

(I)

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3. The following Assets & Liabilities Return forms (both in English and Hindi) are enclosed herewith as indicated below :-

A. Declaration to be filed with Return of Assets and Liabilities on First Appointment or as on the 31 m March, 20...... (Under Sec 44 of the Lokpal and Lokayuktas Act, 2013.) [Appendix-I of the notification dated 14.07.2014].

(a) FORM No. I - Details of Public Servant, his/ her spouse and dependent children[Appendix-I1 of the notification dated 14.07.2014].

(b) Modified FORM No. II - Statement of movable property on first appointment or as on the 31st March, 20...[Appendix-H of the notification dated 14.07.2014 as modified vide notification dated 26.12.2014].

(c) FORM NO. HI - Statement of immovable property on first appointment or as on the 31st March, 20.... (e.g. Lands, House, Shops, Other Buildings, etc.) [Held by Public Servant, his/her spouse and dependent children] [Appendix-li of the notification dated 14.07.2014].

(d) Modified FORM No. IV - Statement of Debts and Other Liabilities on first appointment or as on 31st March, 20 [Appendix-II of the notification dated 14.07.2014 as modified vide notification dated 26.12.2014].

4. It is requested to ensure that all officers and staff in your Ministry/Department/organizations file the said declarations/returns within the prescribed time-limits, in the afore-mentioned forms.

B.

I 4113Pc> Is

(J nu Bailie) Joint S etary(V-2)

Enc:- As above.

1. Secretary All Ministries/Departments of the Government of India (as per standard mailing list)

2. The Chief Secretary All State Governments/Administrators, UTs (as per standard mailing list)

Copy , with a request for similar action, forwarded to : (i) Secretary General, Lok Sabha (ii) Secretary General, Rajya Sabha (iii) Comptroller and Auditor General of India (iv) Secretary, Election Commission of India

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APPENDIX-I J Rule 3(1)1

Return of Assets and Liabilities on First Appointment or as on the 31 stMarch, 20......* (Under Sec 44 of the Lokpal and Lokayuktas Act, 2013.) •

1. Name of the Public servant in full (in block letters)

2.(a) Present public position held (Designation, name and address of organisation)

(b) Service to which belongs ( if applicable)

Declaration:

I hereby declare that the return enclosed namely, Forms Ito IV are complete, true and correct to the best of my knowledge and belief, in respect of information due to be furnished by me under the provisions of section 44 of the Lokpal and Lokayuktas Act, 2013.

Date Signature

* In case of first appointment please indicate date of appointment.

Note 1. This return shall contain particulars of all assets and liabilities of the public servant either in his/her own name or in the name of any other person. The return should include details in respect of assets/ liabilities of spouse and dependent children as provided in Section 44 (2) of the Lokpal and Lokayuktas Act, 2013. (Section 44(2):A public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, 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;

(b) his liabilities and that of his spouse and his dependent children.)

Note 2. 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 and where it is not possible to indicate the exact value of such share, its approximate value. Suitable explanatory notes may be added wherever necessary. Note 3:— "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood. (Explanation below Section 44(3) of Lokpal and Lokayuktas Act, 2013)

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APPENDIX-H [Rule 3(1)1

FORM No. I

Details of Public Servant, his/ her spouse and dependent children

SL No. Name Public Position held, if any Whether return being filed by .

him/her, separately 1 Self .

2 Spouse

3 Dependent-1

4 Dependent-2

5.* Dependent-3

* Add more rows, if necessary.

Date Signature

Page 14: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants

"FORM go. 11 Statement of movable property on first appointment or as on the W e March. 20...

(Use separate sheets for self, spouse and each dependent child.)

A of public servant/spouse/dependent child:

Description Remarks, if any * Cash and bank balance:

i*o

')* Insurance (premia paid) : Fixed /Recurring Deposit(s) : Shares/Bonds : Mutual Fund(s) : Pension Scheme/Provident Fund Other investments, if any : •

(iii) Personal loans/advance given to any person or entity including firm, company, trust, etc. and other receivables from debtors and the amount (exceeding two months basic pay or Rupees one lakh,

as the case may be): (iv) Motor Vehicles

(Details of Make, registration number, year of purchase

and amount paid): (v) Jewellery

[Give details of approximate weight (plus or minus I0 gms. in respect of gold and precious stones; plus or minus 100 gms. in respect of silver).] Gold: Silver: Precious metals and precious stones: Composite items:

(indicate approximate value)••* (vi) Any other assets [Give details of movable assets not covered in (i) to (v)

above] (a) Furniture (b) Fixtures (c) Antiques (d) Paintings (e) Electronic equipments (f) Others

[Indicate the details of an asset, only if the total current value of any particular asset in any particular category (e.g. furniture, fixtures, electronic equipments, etc.) exceeds two months' basic pay or Rs. 1.00 lakh, as the case may be.]

Date Signature

• Details of deposits in the foreign Bank(s) to be given separately.

• • Investments above Rs. 2 lakhs to be reported individually. Investments below fts2 lakhs may be reported together.

• •• Value indicated in the first return need not be revised in subsequent returns as long as no new composite item had been acquired or no existing items had been disposed of,

during the relevant year." ;

Page 15: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants
Page 16: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants

1 5 2 3 4

Debtor (Self/ Spouse or dependent children)

Name and address of 1 Creditor

Nature of debt/ liability and amount No.

Remarks

• '••••,..,

"FORM No. IV

Statement of Debts and Other Liabilities on first appointment or as on 31 st March, 20 .....

Date Signature

Note 1: Individual items of loans not exceeding two months basic pay (where applicable) and Rs. 1.00 lakh in other cases need not be included.

Note 2. The statement should include various loans and advances (exceeding the value in Note 1) taken from banks, companies, financial institutions, Central/State Government and from individuals.".

Page 17: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants

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Page 18: Office Memorandum Declaration of Assets and Liabilities by ... · the jurisdiction of Lokpal, shall be " one crore rupees". 2. For the purpose of this notification only the grants

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