Transcript Disclosure of Assets by Govt. Servant as per Lokpal & Lokayukta Act

Disclosure of Assets
by
Govt. Servant
as per Lokpal & Lokayukta Act,2013
Kashi Nath Jha
DG, NICF, New Delhi
Brief of Presentation
• Brief about Lokapal and Lokayuktas Act, 2013
• Public Servants (Furnishing of Information and
Annual Return of Assets and Liabilities and the
Limits for Exemption of Assets in Filing
Returns) Rules, 2014
• DoPT Letter dtd. 23rd July 2014
• DoPT OM dtd. 25th August 2014
• DoT communication
• How to fill up the return ?
About Lokapal and Lokayuktas Act,
2013
• An Act to provide for the establishment of a
body of Lokpal for the union and Lokayukta
for States to inquire into allegations of
corruption against certain public functionaries
and for matters connected therewith or
incidental thereto.
Background
• India has ratified the United Nations
convention against Corruption
• Government’s commitment to clean and
responsive governance
• Public demonstration and demand, Mass
movement
• For prompt and fair investigation and
prosecution in case of corruption
Lokpal
• One Chairperson and Members (Max – 8)
• Not less than 50% of the Members shall be
from SC/ST/OBC/Minorities and Women
• Term of 5 Years or attaining the age of 70
Years whichever is earlier
• Secretary to the Lokpal = Secy to GoI
• Director of Inquiry = Not below the rank of
Adl. Secretary to GoI
• Director of Prosecution = Not below the rank
of Adl. Secretary to GoI
Jurisdiction of Lokpal
• Including Prime Minister, Ministers, Members of
Parliament
• Group ‘A’ and ‘B’ officers of Central Government
• Group ‘C’ and ‘D’ officials of Central Government
• Any Body, Corporation, Authority, Company,
Society, Trust, Autonomous Body etc. established
by an act of Parliament or wholly or partially
financed by the Central Govt. or controlled by it.
• Inquiry Wing – Headed by Dir. of Inquiry
• Prosecution Wing – Headed by Director of
Prosecution
• Every Preliminary Inquiry shall ordinarily be
completed within a period of 90 days and for
reason to be recorded in writing, within a
further period of 90 days from the date of
receipt of complaint.
Powers of Lokpal
• For the purpose of inquiry the Lokpal shall have
powers of Civil court under the Code of Civil
Procedure (CPC),1908
– Summoning and enforcing the attendance of any person
and examining him on oath
– Requisitioning of any document
– Receiving evidence on affidavits
– Issuing commissions for the examination of witnesses or
documents
– Such other matter as may be prescribed
• Proceeding before the Lokpal shall be deemed to be a
judicial proceeding under sec. 193 of IPC.
Chapter XIII
Declaration of Assets
• Sec. 44
(1) Every public servant shall make a declaration of his
assets and liabilities in the manner as provided by or under this
Act.
(2) A public servant shall within a period of 30 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
Section - 44
(4) Every public servant shall file with the
competent authority, on or before the 31st
July of every year, an annual return of such
assets and liabilities, as referred to in subsection (2), as on the 31st March of that year.
(6) Ministry/Deptt. Shall ensure publication of
all such statements on their website by 31st
August of that year.
Section - 45
• If any public servant willfully 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
Prosecution for false complaint
• Sec. 46(1) Notwithstanding anything contained in
this Act, whoever makes any false and frivolous
or vexatious complaint under this Act shall on
conviction, be punished with imprisonment for a
term which may extend to one year and with fine
which may extend to one lakh rupees.
• 46(5) In case of conviction of a person, for having
made a false complaint under this Act, such
person whall be liable to pay compensation to
the public servant against whom he made the
false complaint in addition of legal expenses.
•
46(6) Nothing contained in this section shall apply in case of complaint made in good faith.
• Section 53 – The Lokpal shall not inquire or
investigate into any complaint, if the complaint is
made after the expiry of a period of seven year
from the date on which the offence mentioned in
such complaint is alleged to have been
committed.
• Sec. 59(2) (k) – the form of annual return to be
filed by a public servant under sub-section(5) of
section 44 (The Central Govt. may by notification
in the official Gazette make rules to carry out the
provision of this Act.)
Establishment of Lokayukta
• Sec. 63 – Every State shall establish a body to
be known as the Lokayukta for the state, if not
so established, constituted or appointed, by a
law made by the State Legislature, to deal
with complaints relating to corruption against
certain public functionaries, within a period of
one year from the date of commencement of
this Act.
Gazette Notification dtd 14th July,2014
• General Statutory Rule (GSR) 501(E)
Rules to provide for furnishing of information and
annual return containing declaration of assets and
liabilities by public servant.
• These rules may be called the Public Servant
(Furnishing of Information and Annual Return of
Assets and Liabilities and the Limits for Exemption of
Assets in Filing Returns) Rules, 2014.
Manner of submission of information
and annual return
• Every public servant shall make a declaration of
his assets and liabilities under sub-section(1) of
Section 44 in the format specified in Appendix-I -------- and in Form I to IV specified in Appendix – II
• Every Public Servant shall file declaration,
information or return, as the case may be,
regarding his assets and liabilities as on the 31st
day of March every year, to the competent
authority as referred to ------- on or before 31st
July of that year.
• Provided 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, infromation
or as the case may be , annual returns as on
the 1st day of August, 2014, to the competent
authority on or before the 15th day of
September, 2014.
• Appendix – I :- declaration about return
• Footnotes are important
• Appendix – II
– Form No. 1 : - Details of Family
– From No. 2 : - Statement of Movable property
– Form No. 3 : - Statement of Immovable propery
• DoPT Lr. Dtd. 23rd July – It may also be noted that
the definition of public servant covers all central
government servants (Gr. A,B and C). This is an
important difference from the Central Civil
Services (Conduct) Rules 1964 and may kindly be
noted.
• Revised declaration of annual returns as on the
1st August 2014 shall be filed by 15th Sept.2014.
• This information should be placed in public
domain on the website of the Min./Deptt.
• DoPT OM dtd. 25.8.2014 reiterates that the
definition of public servant covers all Gr.’A’, B and
C employees.
• How to file return ?
• Bone of content – how much gold / silver your
spouse have ?
• Meaning of cash in hand
• Whether Daughter/Son is liability ?
• Any other issue
Thank You