Dopt issued orders on Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014
The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
ORDER
New Delhi, the 15th February, 2014
S.O.
409(E). - Whereas the Lokpal and Lokayuktas Act, 2013 (1 of 2014)
(hereinafter referred to as the said Act) came into force on the 16th
day of January, 2014;
And whereas Section 44 of the said Act
requires making of a declaration of assets and liabilities by the public
servant to the competent authority in the manner provided under the
said Act;
And whereas Section 44 of the said Act requires
furnishing of information relating to assets and liabilities, (i) by the
public servant on the occasion of entering upon office within thirty
days from the date of assumption of office, and
(ii) by a public
servant holding his office as such within a period of thirty days from
the date of coming into force of the said Act;
And whereas
Section 44 of the said Act also requires the filing of annual return of
such assets and liabilities with the competent authority, on or before
the 31st day of July every year; and the competent authority in respect
of each Ministry or Department shall ensure such statements are
published on the website of such Ministry or Department by the 31st day
of August of that year;
And whereas different set of rules such as—
(i) the Central Civil Services (Conduct) Rules, 1964;
(ii) the All-India Services (Conduct) Rules, 1968;
(iii) the Railway Services (Conduct) Rules, 1966,
and
other relevant rules exist with respect to public servants on filing of
property returns and making of declaration of assets by every public
servant which have been framed by the President or the Central
Government in exercise of powers under the Constitution or the relevant
Acts of Parliament and are being complied with by each and every
Government servant;
And whereas the modifications or amendments of the above said rules and other relevant rules in consonance
with
the provisions of Section 44 of the said Act will need some time
keeping the constitutional and other statutory requirements which are to
be followed while modifying or amending of such rules which are in
force;
And whereas the amendment of the Central Civil Services
(Conduct) Rules, 1964 shall require consultation with the Comptroller
and Auditor-General of India as per the constitutional provisions, and
in case of the All-India Services (Conduct) Rules, 1968, the amendment
or modification of the said rules shall require consultation with the
Governments of the States concerned in terms of Section 3 of the
All-India Services Act, 1951 (61 of 1951);
And whereas after
following the above procedure, it is unlikely and may not be possible to
complete the process of harmonising the provisions of section 44 of the
said Act with other relevant Acts and the Constitutional provisions
within the timeframe provided in Section 44 of the said Act;
And
whereas difficulties have arisen in giving effect to the provisions of
Section 44 of the said Act and harmonising its requirement with the
above referred Constitutional provisions, Acts and the rules made
thereunder before the rules are made by the Central Government for
prescribing the form and manner of furnishing information and filing of
annual returns by public servants under the said Section 44;
Now,
therefore 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), hereby makes the following Order to remove the difficulties
in respect of making of declaration of assets by public servants and
filing of property returns in terms of Section 44 of the said Act,
namely:—
1. Short title and commencement. - (1) This Order may be called the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014.
(2) It shall come into force on the date of its publication in the Official Gazette.
2.
Modification or amendment of relevant rules in consonance with Section
44 of said Act. - (1) The modification or amendment to the relevant
rules referred to in this Order shall be carried out within a period not
exceeding one hundred and eighty days from the date on which the
provisions of the said Act came into force.
(2) The public servants who have filed the declarations, information and returns under the provisions of the
relevant
rules shall file revised declarations, information or returns, as the
case may be, in compliance of the rules framed under Section 44 of the
said Act within the period specified therein.
[No. 407/12/2014-AVD-IV(B)]
DEEPTI UMASHANKAR, Jt. Secy.
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/407_12_2014-AVD-IV-B-15022014.pdf]
