Lokpal and Lokayuktas Act, 2013 – Submission of Declaration of Assets and Liabilities by the Public Servant for each year

Central Civil Services (Conduct) Rules, 1964 and the Lokpal and Lokayuktas Act, 2013 – Submission of Declaration of Assets and Liabilities by the Public Servant for each year

F. No. 11013/7/2014-Estt.(A-lll)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment Division

North Block, New Delhi – 110001
Dated July 23rd, 2015

OFFICE MEMORANDUM

Subject: – Central Civil Services (Conduct) Rules, 1964 and the Lokpal and Lokayuktas Act, 2013 – Submission of Declaration of Assets and Liabilities by the Public Servant for each year -Regarding

The undersigned is directedto refer to this Department’s OM No. 11013/3/2014-Estt.(A] dated the 17th February, 2015 regarding submission of declaration of assets and liabilities by the public servants ‘under the Central Civil services [Conduct] rules, and the Lokapal land Lokayuktas Act, 2013 and to say that as per the rule 18 [1) (i) of the Central Civil Services (Conduct) Rules, 1964, every Government servant shall on his first appointment to any service or post submit a return of his assets and liabilities, in the form prescribed by the Government, giving the full particulars of movable, immovable and valuable property and debts and other liabilities, etc.. Similarly, Government servants other than newly appointed, belonging to Group ‘A’ and Group ‘B’ are required to submit an annual return in prescribed form giving full particulars of the immovable property inherited/ owned/ acquired by him/ her or held by him/her on lease/ mortgage either in his/ her own name or in the name of any member of his/ her family or in the name of any other persons.

2. The Lokpal and Lokayuktas Act, 2013 [Lokpal Act) notified by the Government requires all public servants to declare, on first appointment and subsequently every year, a declaration of his/ her assets 84 liabilities. in exercise of powers conferred by sub-section [1), clause [k] and clause [I] of sub-section [2] of Section 59 read with section 44 and 45 of the Act, this Department has notified 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. The form for declarations is at Annexure-l. All Government servants i.e., belonging to Group A, Group B, Group C and erstwhile Group D, are now required to furnish the declaration of their assets & liabilities in the enclosed format.

3. Vide D. O. No. 4-07/12/2014-AVD-IV-B dated the 30th April, 2015, this Department has informed all concerned the time-lines for filing the returns regarding assets and liabilities under the Lokpal Act, which are as follows:

(i) The first return under the Lokpal Act [as on 15¢ August. 2014) should be filed on or before 15th October. 2015;

(ii) The next annual return under the Lokpal Act, for the year ending 31st March, 2015 should be filed on or before 15th October 2015; and

(iii) The annual returns for subsequent years as on 31st March every year should be filed on or before 31st July ofthat year.

4. It is, therefore, requested that all concerned may be suitably advised to file the return within the time indicated in paragraph 3. It is relevant to state here that as per section 45 of the Lokpal Act, if any public servant wilfully 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.

sd/-
[Mukesh Chaturvedi)
Director (E)