Declaration of Assets and Liabilities by public servants under amended Section 44 of the Lokpal and Lokayuktas Act 2013

Declaration of Assets and Liabilities by public servants under amended Section 44 of the Lokpal and Lokayuktas Act 2013

F. No. 21/2/2014-CS.I (U)
Government cf India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
CS-l (PR/CMS) Section

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi,
Dated December 08, 2016

OFFICE MEMORANDUM

Sub: Declaration of Assets and Liabilities by public servants under amended Section 44 of the Lokpal and Lokayuktas Act 2013 - regarding.

The undersigned is directed to forward herewith this Department’s OM dated 01.122016 regarding the furnishing of information relating to the assets and liabilities by public servants under Section 44 of the Lokpal and Lokayuktas Act. 2013 (the Act).

2.Contents of the said OM may please be brought to the notice of all concerned.
Encl: As above.

(Raju Saraswat)
Under Secretary to the Government Of India

Read full DoPT OM

The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers for each year – regarding.

The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers for each year: DoPT Order

No.21/2/2014-CS.I(PR/CMS)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

CS.I Division

2nd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi-110003

Dated the 9th April, 2015

OFFICE MEMORANDUM

Subject: The Lokpal and Lokayuktas Act, 2013- Submission of declaration of assets and liabilities by CSS officers for each year – regarding.

Ministries/Departments may refer to CS.I Division, DoP&T’s O.M. of even number dated 7.1.2015 on the subject mentioned above.

2. As Ministries/Departments are aware that all Government servants are now required to file information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act, 2013. In this regard, all Government Servants have been advised that:

(i) The first return under the Lokpal and Lokayuktas Act, 2013 (as on 01.08.2014) should be filed on or before 30.04.2015; and

(ii) The next annual return under the Lokpal and Lokayuktas Act, 2013, for the year ending 31.03.2015, should be filed on or before 31.07.2015.

3. For filing annual return under the Lokpal and Lokayuktas Act, new forms have been developed in the Web Based Cadre Management System which is hosted at cscms.nic.in Returns under Lokpal and Lokayuktas Act should be submitted by all CSS officers through Web Based Cadre Management System. Print out of the returns submitted online in respect of Under Secretary and above level officers of CSS should also be submitted to CS.I Division as it being the custodian of returns of these officers. The procedure for filing return is as under:

(i) Login to the system at cscms.nic.in by using the userid and password. In case of any difficulty in login please contact the nodal officer of the Ministry/Department for assistance. The generic Userid is eight digit date of birth followed by first four letters of name. Userid is also the employee code assigned to individual officers in the web based system. If the password is blocked, nodal officers can reset the password of individual employees by using the ‘reset password’ facility in the Tools Menu on the top of the screen. They can also provide ‘Employee Code’ from the system to individual officers to enable them to login to the system.

(ii) Verify whether personal details are reflected in the system correctly. To verify the details click on the ‘Employee Details’ button. If the details are not correct, first have them rectified through Admin. Division of concerned Department before proceeding further.

(iii) Click ‘IPR’ button on the top and then click on ‘Lokpal Returns’ icon.

(iv) Click ‘create new PR’ button and select property return year then click on create PR.

(v) Read declaration page carefully and click on ‘next’ button.

(vi) Form-I: Add one by one details of Public Servant, his/her spouse and dependent children and save details every time. After adding of details click on ‘next’ button.

(vii) Form-II: Add Movable Properties Owned By Self/ Spouse/ Dependent one by one by clicking ADD Button and save then click on ‘next’ button.

(viii) Form-Ill: Statement of Immovable Property: Add->Select ->IPR year-> Add new property details one by one by clicking ADD Button -> click on ‘next’ button.

(ix) Form-IV: Add Statement of Debts and Other Liabilities one by one by clicking ADD button then click on ‘FINISH’ button.

(x) Click ‘finish’ button. Property Return Details page automatically opens. Users may select the year by click on the particular year and then click on ‘Final submission of IPR’ button.

4. Ministries/Departments are requested that the contents of this O.M. may be widely circulated to the notice of all CSS officers working under their control. They should also ensure that the information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act is submitted by all officers within the stipulated period cited above without fail.

5. In case of any difficulty, nodal officers may contact CMC officials who have developed Web Based Cadre Management System at Telephone No. 24629890.

(Utakaarsh R Tiwaari)

Director

Download Persmin OM No.21/2/2014-CS.I(PR/CMS) dated 09.04.2015

Government servants reluctant to declare assets, DoPT backs them

Government servants reluctant to declare assets, DoPT backs them: The Indian Express News

The NDA government’s move to amend the Lokpal and Lokayuktas Act, 2013 in the coming winter session of Parliament has run into rough weather following differences between various government departments over whether government servants and their family members should declare their assets, and whether such information should be made public or not. The Department of Personnel and Training (DoPT) is learnt to have sided with the bureaucracy in challenging the contentious provision.

Under the law, public servants are required to declare their immovable property as well as movable assets like vehicles, cash in hand/bank, gold and other jewellery, investments in shares, bonds and mutual funds etc. They must also submit this information about their family members to the government.

Sources told The Sunday Express that differences on the issue came to the fore during a recent meeting held to finalise the proposed amendments to the Act. Since the differences remain unresolved, the matter is being referred to Prime Minister Narendra Modi for a final decision. The Prime Minister is also in charge of the Ministry of Personnel, which is the administrative ministry for all affairs concerning the proposed anti-corruption ombudsman.


After various associations of civil servants, including the IAS and IPS, sent representations seeking amendment to the provision relating to declaration of assets, arguing that the security of their family members could be compromised if such details are made public, the government had earlier extended the deadline for filing the declarations till December 31.

While sources privy to the discussions said the DoPT is supporting the bureaucracy, some other departments are of the view that if the demand of the civil servants is accepted, elected political representatives could also raise similar demands.

During discussions within the government, three options were laid out but no final decision was taken. The options are:

    Details of only immovable assets of public servants should be made public. Details of the officer’s movable assets as well as the assets of his/ her spouse and children should be kept in a sealed cover, to be opened only during investigations/ official proceedings against the officer.

    All details of assets — movable and immovable — should be kept in a sealed cover.
    It should be mandatory for government officials to declare their assets, but not that of their family members.


The Law Ministry, it is learnt, has suggested that rather than amending the relevant provision of the Act to deal with the issue, suitable changes should be incorporated in the relevant rules to achieve the purpose.

However, a strong section within the government feels that any move to water down the provision could send a “wrong” signal about the intentions of the government, especially since it rode to power on a strong anti-corruption plank.

A petition filed by the wife of a government officer is also pending in the Delhi High Court. The petitioner, who is employed in an IT company, has challenged the constitutionality of the provision, contending it is violation of her fundamental rights.

“The Prime Minister will most likely take the final call on this issue. There is some merit in all the arguments and it will essentially be a political decision. But there is general consensus that any amendments will have to be introduced in the coming session,” said a source.

The source said it has been decided to amend the Act to allow the leader of the single largest opposition party in Lok Sabha to be part of the Lokpal selection panel committee. Another amendment will ensure that even if some members of the selection committee are not able to participate in the meetings, the panel would continue to function.

Source: The Indian Express
http://indianexpress.com/article/india/india-others/officials-reluctant-to-declare-assets-dopt-backs-them/99/