Dopt clarification orders regarding declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013
Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 — extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants.
Filing of property returns already extended the time limit from 31st December, 2014 to 30th April, 2015. In this regard, several queries are being received from various Ministries/Departments/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.
The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Under the said section, a public servant is required to furnish to the competent authority the infonnation relating to —
(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and
(b) his liabilities and that of his spouse and his dependent children.
As against this, the general requirement as contained in most of the applicable Conduct Rules for government servants (AIS Conduct Rules, CCS Conduct Rules, etc.) require the public servant to submit a return, giving the full particulars regarding :—
(a) the immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of an member of his family or in the name of any other person;
(b) shares, debentures, postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c) other movable property inherited by him or similarly owned, acquired or held by him; and
(d) debts and other liabilities incurred by him directly or indirectly.