Disclosure of Assets

by
Govt. Servant
as per Lokpal & Lokayukta
Act,2013
Kashi Nath Jha
DG, NICF, New
Delhi

Brief of Presentation
Brief about Lokapal and Lokayuktas Act,
2013
Public Servants (Furnishing of Information
and Annual Return of Assets and Liabilities
and the Limits for Exemption of Assets in
Filing Returns) Rules, 2014
DoPT Letter dtd. 23rd July 2014
DoPT OM dtd. 25th August 2014
DoT communication
How to fill up the return ?

About Lokapal and Lokayuktas Act, 2013

An Act to provide for the

establishment of a body of Lokpal
for the union and Lokayukta for
States to inquire into allegations of
corruption against certain public
functionaries and for matters
connected therewith or incidental
thereto.

Background
India has ratified the United Nations
convention against Corruption
Governments commitment to clean
and responsive governance
Public demonstration and demand,
Mass movement
For prompt and fair investigation and
prosecution in case of corruption

Lokpal
One Chairperson and Members (Max 8)
Not less than 50% of the Members shall
be from SC/ST/OBC/Minorities and Women
Term of 5 Years or attaining the age of 70
Years whichever is earlier
Secretary to the Lokpal = Secy to GoI
Director of Inquiry = Not below the rank
of Adl. Secretary to GoI
Director of Prosecution = Not below the
rank of Adl. Secretary to GoI

Jurisdiction of Lokpal
Including Prime Minister, Ministers, Members of
Parliament
Group A and B officers of Central Government
Group C and D officials of Central
Government
Any Body, Corporation, Authority, Company,
Society, Trust, Autonomous Body etc.
established by an act of Parliament or wholly or
partially financed by the Central Govt. or
controlled by it.

 Inquiry Wing Headed by Dir. of

Inquiry
Prosecution Wing Headed by
Director of Prosecution
Every Preliminary Inquiry shall
ordinarily be completed within a
period of 90 days and for reason to
be recorded in writing, within a
further period of 90 days from the
date of receipt of complaint.

Powers of Lokpal
For the purpose of inquiry the Lokpal shall have
powers of Civil court under the Code of Civil
Procedure (CPC),1908
Summoning and enforcing the attendance of any person and
examining him on oath
Requisitioning of any document
Receiving evidence on affidavits
Issuing commissions for the examination of witnesses or
documents
Such other matter as may be prescribed

Proceeding before the Lokpal shall be deemed

to be a judicial proceeding under sec. 193 of
IPC.

Chapter XIII
Declaration of Assets
Sec. 44
(1) Every public servant shall make a declaration of
his assets and liabilities in the manner as provided by or under
this Act.
(2) A public servant shall within a period of 30 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

Section - 44
(4) Every public servant shall file with
the competent authority, on or
before the 31st July of every year, an
annual return of such assets and
liabilities, as referred to in subsection (2), as on the 31st March of
that year.
(6) Ministry/Deptt. Shall ensure
publication of all such statements on
their website by 31st August of that

Section - 45
If any public servant willfully 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

Prosecution for false

complaint

Sec. 46(1) Notwithstanding anything contained

in this Act, whoever makes any false and
frivolous or vexatious complaint under this Act
shall on conviction, be punished with
imprisonment for a term which may extend to
one year and with fine which may extend to one
lakh rupees.
46(5) In case of conviction of a person, for
having made a false complaint under this Act,
such person whall be liable to pay compensation
to the public servant against whom he made the
false complaint in addition of legal expenses.

46(6) Nothing contained in this section shall apply in case of complaint made in good faith.

 Section 53 The Lokpal shall not inquire or

investigate into any complaint, if the complaint
is made after the expiry of a period of seven
year from the date on which the offence
mentioned in such complaint is alleged to have
been committed.
Sec. 59(2) (k) the form of annual return to be
filed by a public servant under sub-section(5)
of section 44 (The Central Govt. may by
notification in the official Gazette make rules
to carry out the provision of this Act.)

Establishment of Lokayukta
Sec. 63 Every State shall establish
a body to be known as the Lokayukta
for the state, if not so established,
constituted or appointed, by a law
made by the State Legislature, to
deal with complaints relating to
corruption against certain public
functionaries, within a period of one
year from the date of
commencement of this Act.

Gazette Notification dtd 14th

July,2014
General Statutory Rule (GSR) 501(E)
Rules to provide for furnishing of
information and annual return
containing declaration of assets and
liabilities by public servant.

These rules may be called the Public

Servant (Furnishing of Information and
Annual Return of Assets and Liabilities and
the Limits for Exemption of Assets in Filing
Returns) Rules, 2014.

Manner of submission of information

and annual return
Every public servant shall make a declaration
of his assets and liabilities under subsection(1) of Section 44 in the format specified
in Appendix-I --------- and in Form I to IV
specified in Appendix II
Every Public Servant shall file declaration,
information or return, as the case may be,
regarding his assets and liabilities as on the
31st day of March every year, to the competent
authority as referred to ------- on or before 31 st
July of that year.

 Provided that the public servants

who have filed declarations,
information and annual returns of
property under the provisions of the
rules applicable to such public
servants shall file the revised
declarations, infromation or as the
case may be , annual returns as on
the 1st day of August, 2014, to the
competent authority on or before the
th

 Appendix I :- declaration about

return
Footnotes are important
Appendix II
Form No. 1 : - Details of Family
From No. 2 : - Statement of Movable
property
Form No. 3 : - Statement of Immovable
propery

 DoPT Lr. Dtd. 23rd July It may also be noted

that the definition of public servant covers all
central government servants (Gr. A,B and C).
This is an important difference from the Central
Civil Services (Conduct) Rules 1964 and may
kindly be noted.
Revised declaration of annual returns as on the
1st August 2014 shall be filed by 15th Sept.2014.
This information should be placed in public
domain on the website of the Min./Deptt.

 DoPT OM dtd. 25.8.2014 reiterates that

the definition of public servant covers all
Gr.A, B and C employees.
How to file return ?
Bone of content how much gold / silver
your spouse have ?
Meaning of cash in hand
Whether Daughter/Son is liability ?
Any other issue

Thank You