Office Memorandum on or before 15th April, 2016darpg.gov.in/sites/default/files/Declaration of...

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No. 407/12/2014-AVD-IV(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 15 th 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.

Transcript of Office Memorandum on or before 15th April, 2016darpg.gov.in/sites/default/files/Declaration of...

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

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

North Block, New Delhi, 28th 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.

To

04..A4.4— Jishnu Barua)

Joint Secretary to the Govt. of India Tel. 23093591

-2-

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.

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

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., 16 th

January, 2014; and

(b) The Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns (p1 see proviso under sub- rule 2 of rule 3 of the principal rules) by all public servants from 31 81

December, 2014 to 30th April, 2015.

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

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

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

2015; and

(iii) The annual return for subsequent years as on 31 14 March every year should be filed on or before 31 ° July of that year.

(i)

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...... (Urider Sec 44 of the Lokpal and Lokayuktas Act, 2013.) [Appendix-I of the notification dated 14.07.2014].

B. (a) FORM No. I - Details of Public Servant, his/ her spouse and dependent

children[Appendix-11 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-II of the notification dated 14.07.2014 as modified vide notification dated 26.12.2014].

(c) FORM NO. III - 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-II 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.

Enc:- As above. I qt3194'1 (X nu Barua)

Joint S • etary(V-2)

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

APPENDIX-I Rule 3(1)1

Return of Assets and Liabilities on First Appointment or as on the 31 gMarch, 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 do-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)

APPENDIX-II 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

"FORM NO. II Statement of movable property on first appointment or as on the 31' t March. 20...

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

, of public servant/spouse/dependent child:

o Remarks, if any * Cash and bank balance:

')** /Description

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) Jeweller), [Give details of approximate weight (plus or minus 10 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 Ets.2 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.";

Description of property (Land/ House/ Flat/ ;. Shop/ Industrial etc.)

Precise location (Name of District, Division, Taluk and Village in which the property is situated and also its distinctive number, etc.)

3 4

FORM NO. HI

Statement of immovable property on first appointment or as on the 31 5t March, 20.... (e.g. Lands, House, Shops, Other Buildings, etc.)

[Held by Public Servant, his/her spouse and dependent children] Extent of interest

5

Area of land Nature of (in case of land in case land and, of landed buildings) property

If not in name Date of of public acquisition servant, state in whose name held and his/her relationship, if any to the public servant

How acquired (whether by purchase, mortgage, lease, inheritance, gift or otherwise) and name with details of person/persons from whom acquired (address and connection of the Government servant, if any, with the person/persons concerned) (Please see Note I below) and cost of acquisition.

Present value of the property (If exact value not known, approx value may be indicated)

6 7 a 9 10

Total annual income from the property

Remarks

11 12

Date Signature

Note (1)For purpose of Column 9, the term "lease" would mean a lease of immovable property from year to year or for any tenn exceeding one year or reserving a yearly rent. Where, however, the lease of immovable property is obtained from a person having official dealings with the Government servant, such a lease should be shown in this Column irrespective of the term of the lease, whether it is short term or long term, and the periodicity of the payment of rent.

"FORM No. IV

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

Sl. No.

Debtor (Self Spouse or dependent children)

r Name and address of ' Creditor

:.; Nature of debt/ liability and amount

Remarks

1 2 3 _

4 .

5 . ..... _

_ ... . ... ,_. .

. .. .._. _. _.. .... . _ .... _ ...... _

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.".

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