Lokpal and Lokayuktas Act: RBE No.160/2016 – Declaration of Assets

No.E(D&A)2014 GS1-2, dated 28.12.2016

Sub:   The Lokpal and Lokayuktas Act, 2013 – Submission of declarations of assets and liabilities by the Railway Servant.

1. Attention is invited to Railway Board’s letter of even number dated 29.07.2016 (RBE No.91/2016), whereby Department of Personnel and Training’s notification No.G.S.R. 747(E), dated 29.07.2016 was circulated, extending the last date for filing the returns under the Public Servants (Furnishing of Information and Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, from 31.07.2016 to 31.12.2016.

2. In this regard, Department of Personnel and Training has issued O.M. No.407/16/2016-AVD-IV(LP), dated 01.12.2016, enclosing a copy of the Lokpal and Lokayuktas (Amendment) Act 2016 whereby section 44 of the Act was amended. A copy of DoP&T’s aforesaid OM is enclosed which is self explanatory.

3. Railways etc. may bring the revised provisions to the notice of all concerned. Hindi version will follow.

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

OM No. 407/16/2016-AVD-IV(LP), 01.12.2016

OFFICE MEMORANDUM

Sub: Declaration of Assets and Liabilities by public servants under amended section 44 of the Lokpal and Lokayuktas Act, 2013 – reg.

1. The undersigned is directed to refer to this Departments OM of even number dated 29^th July, 2016 (copy enclosed) regarding the furnishing of information relating to assets and liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 (the Act).

2. In this regard it is stated that with the passing of the Lokpal and Lokayuktas (Amendment) Act, 2016 (copy enclosed), 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 and all the amendments made thereto have become redundant.

3. The Lokpal and Lokayuktas (Amendment) Act, 2016, as referred to above, substitutes the provision of section 44 of the Principal Act by the following new provision:-

“44. On and from the date of commencement of this Act, every public servant shall make a declaration of his assets and liabilities in such form and manner as may be prescribed.”

4. Thus, under 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 there is no requirement for filing of declarations of assets and liabilities by public servants now. The Government is in the process of finalising a fresh set of rules. The said rules will be notified in due course to prescribe the form, manner and timelines for filing of declaration of assets and liabilities by the public servants under the revised provision of the said Act. All public servants will henceforth be required to file the declarations as may be prescribed by the fresh set of rules.

The Gazette of India

Extraordinary

Part-II – Section-1

MINISTRY OF LAW AND JUSTICE

(Legislative Department)

30th July, 2016

The following Act of Parliament received the assent of the President on the 29^th July, 2016, and is hereby published for general information:-

THE LOKPAL AND LOKAYUKTAS (AMENDMENT) ACT, 2016

No. 37 of 2016

[29^th July, 2016]

An Act to amend the Lokpal and Lokayuktas Act, 2013.

BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:-

1.     Short title and commencement:-

(1)   This Act may be called the Lokpal and Lokayuktas (Amendment) Act, 2016.

(2)   It shall be deemed to have come into force on the 16^th day of January, 2014.

2.     Amendment of section 44 (1 of 2014):-

On and from the date of commencement of the Lokpal and Lokayuktas Act, 2013 (hereinafter referred to as the principal Act), for section 44, the following section shall be substituted, and shall be deemed to have been substituted, namely:-

“44. Declaration of assets:-

On and from the date of commencement of this Act, every public servant shall make a declaration of his assets and liabilities in such form and manner as may be prescribed.”

3.     Amendment of section 59:-

On and from the date of commencement of the principal Act, in section 59, in sub-section (2), for clause (k), the following clause shall be substituted, and shall be deemed to have been substituted, namely:-

“(k) the form and manner of declaration of assets and liabilities by public servants under section 44:

Provided that the rules may be made under this clause retrospectively from the date on which the provisions of this Act came into force;”

Download Railway Board Circular RBE No.160/2016

Forward reference ⇒ RBE No.