The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014: DoPT Order

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

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 time frame 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)]

sd/-

DEEPTI UMASHANKAR, Jt. Secy.

Source: http://documents.doptcirculars.nic.in/D2/D02ser/407_12_2014-AVD-IV-B-15022014.pdf