15/01/2015
14/01/2015
The undersigned is directed to refer to this Department’s notification G.S.R. No.918(E) dated 26th December, 2014, further amending 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 by all public servants from 31st December, 2014 to 3oth April, 2015 (Annexure-I) [Click to view].
2. In this regard, several queries are being received from various Ministries/Departmems/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.
3. 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 information 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 any 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.
Thus, it may be seen that the scope of the information to be furnished under the Lokpal Act is substantially different from that of the information required to be furnished under the applicable Conduct Rules. Further, under the Conduct Rules, public servants are generally required to submit annual property returns as on the 1st January of the year, on or before 31st January of that year. The Lokpal Act [section 44(4)], on the other hand, requires the filing of annual returns as on the 31st March of the year by each public servant on or before 31st July of that year. Thus, the requirements of the Lokpal Act and the relevant Conduct Rules are different in the manner of filing information also. This being the case, the requirement of filing returns under the relevant Conduct Rules can be dispensed with only by amending such rules, both in regard to their substantial requirement and in regard to the manner of filing information, so as to bring them in harmony with the provisions of section 44 of the Lokpal and Lokayuktas Act, 2013.and the rules framed thereunder.
4. In this context, attention of various Ministries/Departments/cadre authorities is further invited to the provisions of section 56 of the Lokpal and Lokayuktas Act, 2013, which reads as under:-
“56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act”.
The above provisions mandate that even if there are any provisions in any existing law (which, inter alia, includes relevant Conduct Rules framed under Article 309, etc.) which are inconsistent with the provisions of the Lokpal Act, the provisions of. the Lokpal Act shall have effect, notwithstanding such inconsistency. Thus, the provisions regarding filing of information/annual returns regarding assets and liabilities by public servants under section 44 of the Lokpal Act shall have effect, notwithstanding anything inconsistent therewith in the applicable Conduct Rules. In other words, the filing of information/annual return under the Lokpal Act in the manner prescribed by rules made under that Act, is a mandatory requirement, and the same cannot be dispensed with under any circumstances, except by an amendment of the Act itself.
5. Attention in this regard is also invited to section 57 of the Lokpal Act which reads as under:-
“57 , The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force”.
A combined reading of section 57, along with section 44 of the Act, would make it clear that the requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation/supersession of the requirement of filing similar returns under the existing Conduct Rules. In view of this, the requirement of filing of property returns under the existing Conduct Rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules. In other words, the requirement of filing returns of assets and liabilities under the applicable Conduct Rules has to continue, till such time as the provisions of those rules are harmonised with the relevant previsions of the Lokpal Act and the rules framed thereunder, by carrying out appropriate amendments in them.
6. Attention in this regard is also invited to the Central Government’s notification, S.O. 3272(E) dated 26th December, 2014 (Annexure-II) [click here to view], further amending 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., 16th January, 2014. In view of this, all Ministries / Departments/cadre authorities are required to complete the necessary exercise for harmonising the provisions of relevant Conduct Rules with the provisions of the Lokpal Act and the rules made thereunder, within this extended time of eighteen months. All Ministries/Departments and other cadre controlling authorities have been appraised about this requirement separately through D.O. letters of clean number dated 8th September, 2014 and 29th December, 2014 issued by this Department. In view of this, it is incumbent upon all Ministries / Departments/cadre controlling authorities to ensure that the relevant conduct rules relating to services administered/controlled by them are brought in harmony with the provisions of the Lokpal Act and rules made thereunder within this extended time limit of eighteen months.
7. All Ministries/Departments/cadre authorities are, therefore, requested to ensure that –
(a) necessary follow-up action for harmonismg the provisions of the relevant rules relating to all categories of public servants (as defined in the Act) falling under their respective jurisdiction/administrative/cadre control is completed within the revised time limit of 18 months from the date of coming into force of the Act, i.e., 16.01.2014, as now provided in the Order dated 26th December, 2014 (i.e., on or before 15th July, 2015), positively; and
(b) all public servants falling under their respective jurisdiction / administrative/cadre control, continue filing their annual property returns under the existing provisions of the applicable Conduct Rules [such as. the AIS (Conduct) Rules, CCS (Conduct) Rules, etc.,] till such time as the exercise as indicated in (a) above is completed and the relevant service rules are brought in line with the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules framed thereunder.
No. NC/JCM/2015
Government of India,
Cabinet Secretariat,
Rashtrpati Bhawan Annexe,
New Delhi
Dear Sir,
I solicit your kind attention to my letter in No.NC/JCM/2014 dated 16 th December, 2014, wherein we had conveyed the decisions taken at the National Convention of representatives of the organisations participating in the JCM. We are distressed that you have chosen not to respond to our letter till date. We have so far not received any communication from any quarter of the convening of the National Council of the JCM. No effort has also been taken by any Ministry to convene the Departmental Councils.
We have now been given to understand that the Government has taken serious steps to set up a corporation to carry on the functions of the 41 ordnance Factories, presently functioning under the Ministry of Defence. We have also noted that the report of the Committee set up by the Government to corporatize the functions of the Postal Department. The inordinate delay in settling the demands for Interim Relief and Merger of DA is causing distress amongst the Central Government employees. The Railwaymen are particularly agitated over the decision of the Government to induct FDI to the extent of 100% in Railways, which we are aware cannot be done without privatisation of the Railways. The declaration of the Convention, which we had forwarded to you vide our letter cited had amply explained the anguish of the Central Government employees.
In order to register our opposition to the recent decision of the Government to corporatize the functions of the Ordnance factories, we have amended Item No.2 of the charter of demands. We send herewith the revised charter of demands.
The National JCA met today and took note of the silence on the part of the Government to our pleadings. The meeting has, therefore, decided to go ahead with the agitational programmes, the first phase of which will culminate in a massive March to Parliament by Central Government employees on 28th April, 2015. If no settlement is brought about on the 10 point charter of demands, we will be constrained to go for an indefinite strike action, the date of commencement of which will be decided on 28 th April, 2015.
Thanking you,
Copy to: Director, JCA – for information and necessary action please.
Copy to: All Constituents of NC/JCM(Staff Side) – for information.
Letter to All Constituents of NC/JCM(Staff Side):
Declaration of Assets and Liabilities-DOPT issued an
Important Clarification
No. 407/12/2014-AVD-IV(B)
Bharat Sarkar/Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Bharat Sarkar/Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, the 13th January, 2015
Office Memorandum
Subject: 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 -Reg.The undersigned is directed to refer to this Department’s notification G.S.R. No.918(E) dated 26th December, 2014, further amending 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 by all public servants from 31st December, 2014 to 3oth April, 2015 (Annexure-I) [Click to view].
2. In this regard, several queries are being received from various Ministries/Departmems/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.
3. 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 information 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 any 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.
Thus, it may be seen that the scope of the information to be furnished under the Lokpal Act is substantially different from that of the information required to be furnished under the applicable Conduct Rules. Further, under the Conduct Rules, public servants are generally required to submit annual property returns as on the 1st January of the year, on or before 31st January of that year. The Lokpal Act [section 44(4)], on the other hand, requires the filing of annual returns as on the 31st March of the year by each public servant on or before 31st July of that year. Thus, the requirements of the Lokpal Act and the relevant Conduct Rules are different in the manner of filing information also. This being the case, the requirement of filing returns under the relevant Conduct Rules can be dispensed with only by amending such rules, both in regard to their substantial requirement and in regard to the manner of filing information, so as to bring them in harmony with the provisions of section 44 of the Lokpal and Lokayuktas Act, 2013.and the rules framed thereunder.
4. In this context, attention of various Ministries/Departments/cadre authorities is further invited to the provisions of section 56 of the Lokpal and Lokayuktas Act, 2013, which reads as under:-
“56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act”.
The above provisions mandate that even if there are any provisions in any existing law (which, inter alia, includes relevant Conduct Rules framed under Article 309, etc.) which are inconsistent with the provisions of the Lokpal Act, the provisions of. the Lokpal Act shall have effect, notwithstanding such inconsistency. Thus, the provisions regarding filing of information/annual returns regarding assets and liabilities by public servants under section 44 of the Lokpal Act shall have effect, notwithstanding anything inconsistent therewith in the applicable Conduct Rules. In other words, the filing of information/annual return under the Lokpal Act in the manner prescribed by rules made under that Act, is a mandatory requirement, and the same cannot be dispensed with under any circumstances, except by an amendment of the Act itself.
5. Attention in this regard is also invited to section 57 of the Lokpal Act which reads as under:-
“57 , The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force”.
A combined reading of section 57, along with section 44 of the Act, would make it clear that the requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation/supersession of the requirement of filing similar returns under the existing Conduct Rules. In view of this, the requirement of filing of property returns under the existing Conduct Rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules. In other words, the requirement of filing returns of assets and liabilities under the applicable Conduct Rules has to continue, till such time as the provisions of those rules are harmonised with the relevant previsions of the Lokpal Act and the rules framed thereunder, by carrying out appropriate amendments in them.
6. Attention in this regard is also invited to the Central Government’s notification, S.O. 3272(E) dated 26th December, 2014 (Annexure-II) [click here to view], further amending 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., 16th January, 2014. In view of this, all Ministries / Departments/cadre authorities are required to complete the necessary exercise for harmonising the provisions of relevant Conduct Rules with the provisions of the Lokpal Act and the rules made thereunder, within this extended time of eighteen months. All Ministries/Departments and other cadre controlling authorities have been appraised about this requirement separately through D.O. letters of clean number dated 8th September, 2014 and 29th December, 2014 issued by this Department. In view of this, it is incumbent upon all Ministries / Departments/cadre controlling authorities to ensure that the relevant conduct rules relating to services administered/controlled by them are brought in harmony with the provisions of the Lokpal Act and rules made thereunder within this extended time limit of eighteen months.
7. All Ministries/Departments/cadre authorities are, therefore, requested to ensure that –
(a) necessary follow-up action for harmonismg the provisions of the relevant rules relating to all categories of public servants (as defined in the Act) falling under their respective jurisdiction/administrative/cadre control is completed within the revised time limit of 18 months from the date of coming into force of the Act, i.e., 16.01.2014, as now provided in the Order dated 26th December, 2014 (i.e., on or before 15th July, 2015), positively; and
(b) all public servants falling under their respective jurisdiction / administrative/cadre control, continue filing their annual property returns under the existing provisions of the applicable Conduct Rules [such as. the AIS (Conduct) Rules, CCS (Conduct) Rules, etc.,] till such time as the exercise as indicated in (a) above is completed and the relevant service rules are brought in line with the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules framed thereunder.
sd/-
(Jishnu Barua)
Joint Secretary to the Govt. of India
(Jishnu Barua)
Joint Secretary to the Govt. of India
NC JCM strongly opposes the Corporatization and Privatization of Government Establishments
No. NC/JCM/2015
Dated: January 11, 2015
The Cabinet Secretary,Government of India,
Cabinet Secretariat,
Rashtrpati Bhawan Annexe,
New Delhi
Dear Sir,
I solicit your kind attention to my letter in No.NC/JCM/2014 dated 16 th December, 2014, wherein we had conveyed the decisions taken at the National Convention of representatives of the organisations participating in the JCM. We are distressed that you have chosen not to respond to our letter till date. We have so far not received any communication from any quarter of the convening of the National Council of the JCM. No effort has also been taken by any Ministry to convene the Departmental Councils.
We have now been given to understand that the Government has taken serious steps to set up a corporation to carry on the functions of the 41 ordnance Factories, presently functioning under the Ministry of Defence. We have also noted that the report of the Committee set up by the Government to corporatize the functions of the Postal Department. The inordinate delay in settling the demands for Interim Relief and Merger of DA is causing distress amongst the Central Government employees. The Railwaymen are particularly agitated over the decision of the Government to induct FDI to the extent of 100% in Railways, which we are aware cannot be done without privatisation of the Railways. The declaration of the Convention, which we had forwarded to you vide our letter cited had amply explained the anguish of the Central Government employees.
In order to register our opposition to the recent decision of the Government to corporatize the functions of the Ordnance factories, we have amended Item No.2 of the charter of demands. We send herewith the revised charter of demands.
The National JCA met today and took note of the silence on the part of the Government to our pleadings. The meeting has, therefore, decided to go ahead with the agitational programmes, the first phase of which will culminate in a massive March to Parliament by Central Government employees on 28th April, 2015. If no settlement is brought about on the 10 point charter of demands, we will be constrained to go for an indefinite strike action, the date of commencement of which will be decided on 28 th April, 2015.
Thanking you,
Comradely yours,
sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
NC/JCM & Convener
Copy to: Secretary, DoP&T – for information and necessary action please.sd/-
(Shiva Gopal Mishra)
Secretary (Staff Side)
NC/JCM & Convener
Copy to: Director, JCA – for information and necessary action please.
Copy to: All Constituents of NC/JCM(Staff Side) – for information.
Letter to All Constituents of NC/JCM(Staff Side):
Transfer
/Posting of officers of PS Group B Cadre dated 08/01/2015
