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Lokpal Act 2013 – All Central Government Employees to declare Assets on or before 15th September 2014

 

Lokpal Act 2013 – Declaration of Assets and Liabilities by Central Government Employees 31st March every year – Information as on 1st August 2014 to be filed on or before 15th September 2014

F. No. 110131312014-Estt(A)

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel and Training

Establishment Division

North Block, New Delhi

Dated July 23,2014

Subject: The Lokpal and Lokayuktas Act. 2013 – Submission of declaration of assets and liabilities by the public servants for each year and placing the same in public domain on the websites of the Ministries/ Departments

The undersigned is directed to refer to the subject mentioned above and to say that the Government has notified 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 under the Lokpal and Lokayuktas Act. 2013. on 14.07.2014. The same is available on this Department’s website at http://persmin.nic.in/Lokpal_Homepage~New.asp.

2. As per the said Act and the Rules framed thereunder. every public servant shall file declarations. 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, on or before the 31″ day of July of that year. It may be noted that as per Section 2(1)(o) of the Act, “Public Servant” meansa person referred to in clauses (a) to (h) of sub-sectlon (1) of section 14 of the Act but does not include a public servant in respect of whom the jurisdiction is exercisable by any court or other authority under the Army Act, 1950. the Air Force kt, 1950, the Navy Act. 1957 and the Coast Guard Act. 1978 or the procedure is applicable to such public servant under those Acts.

3. It may also be noted that the definition of public servant covers all Central Government servants (Groups A. B and C). Therefore, all Central Govenmient servants are req~ired to file the declaration. This is an important difference from the Central Civil Services (Conduct) Rules 1964 and may kindly be noted.

4. As per these Rules. 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. information or as the case may be. annual returnsas on the 1st day of August, 2014, to the competent authority on or before the 15th day of September. 2014. All Ministries/Departments are accordingly. requested to please bring the provisions of 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. to the notice of all concerned for compliance.

5. Formal amendment to the Central Civil Services (Conduct) Rules 1964 will be made in duecourse.

6. Hindi version will follow

sd/-(J.W Vaidyanathan)Director (E)

Probation and confirmation in Central Government Services – Consolidated Instructions issued by DOPT

No.28020/1/2010-Esst(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

North Block, New Delhi

Dated the 21st July, 2014

OFFICE MEMORANDUM

Subject: Consolidated instructions on Probation / Confirmation in Central Services – regarding.

The undersigned is directed to say that this Department has been issuingInstructions!/guidelines from time to time laying down principles to be followed in probation / confirmation of persons appointed to service and posts in Central Government.

All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. The number said date of the original O.M’s has been referred in the relevant instructions for easy reference in the context. All Ministries / Departments are requested to bring the above guidelines to the notice of all concerned.

2. There may be posts in various where the norms specified in the Recruitment Rules are different from those prescribed in the Annexure. In such cases, the norms specified In those Recruitment Rules shall prevail.

3. Hindi version will follow.

sd/-

(J.A.Vaidyanathan)

Direct (Establishment)

Annexure to DOPE o.M.No.28020/1/2010-Estt(C) dated 4 July,2014.

PROBATION AND CONFIRMATION

A person is appointed on probation in order to assess his suitability for absorption in the service to which he has been appointed. Probation should not, therefore, be treated as a mere formality. No formal declaration shall be necessary in respect of appointment on probation. The appointing authority may declare successful completion, extend the period of probation or terminate the services of a temporary employee on probation, on the basis of evaluation of performance.

2. Probation is prescribed when there is direct recruitment, promotion from one Group to another or for officers re-employed before the age of superannuation. The probation shall stand successfully completed on issue of orders in writing. It is, however, not desirable that a Government servant should be kept on probation for long periods.

PERIOD OF PROBATION

3. The period of probation is prescribed for different posts/services in Central Government on the following lines:

S. No.

Method of appointment

Period of probation

PROMOTION

1.

Promotion from one grade to another but within the same group of posts e.g. from Group ‘C’ to Group ‘C

No probation

2.

Promotion from one Group to another e.g. Group ‘B’ to Group ‘A’

2 years or the period of probation prescribedfor the direct recruitment to the post, if any.

DIRECT RECRUITMENT

3.

(i) For direct recruitment to posts except clause (ii) below

2 years

(ii) For direct recruitment to posts *carrying a Grade Pay of Rs. 7600 or above or to the posts to which the maximum age limit is 35 years or above and where no training is involved;

Note: Training includes ‘on the job’ or ‘Institution training’

1 year

4.

Officers re-employed before the age of superannuation

2 years

5.

Appointment on contract basis, tenure basis, re-employment after superannuation and absorption

No probation

 

[ DoPT OM No. 21011/2/80-Estt.(C) dated 19.05.1983 and

OM No. AB.14017/5/83-Estt.(RR) dated 07.05.1984]

* As per revised pay scale of CCS(Revised Pay) Rules,2008

Declaration of Assets and Liabilities under Lokpal Act – Time Extended as process of amending existing rules and framing the procedure yet to be completed

All Central Government Employees who are required to declare their assets under Lokpal and Lokayuktas Act 2013, on or before 15.08.2014, get more time now to file necessary returns prescribed under the Lokpal

As per the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 notified on 15.02.2014, a time period of 180 days from the date of coming into force of the provisions of the said Act i.e., 15.07.2014 has been allowed for modification or amendment of the relevant rules and also for framing of appropriate rules under section 44 of the Act.

Section 44 of the said Act also requires furnishing of information relating to assets and liabilities, existing employees within a period of 30 days from the date of coming into force of the Act.

Hence, as per above mentioned provisions, all Central Government Employees were required to file Declaration of assets and liabilities / Property Return under prescribed forms on or before 15.08.2014

 

Now, DOPT issued order dated 14.07.2014 to extend the time of (180 days) permitted under Lokpal and Lokayuktas Act, 2013 for the purpose of framing the rules and procedures and make necessary modifications in the existing rules for filing property returns, to 270 days. It is also mentioned in the said order that since the process of harmonization of the existing rules with the provisions of the Lokpal and Lokayuktas Act, 2013 is likely to take time beyond the period notified, it was proposed to extend the time.

 

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (ii) OF DATED THE 14TH JULY, 2014]

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

DEPARTMENT OF PERSONNEL AND TRAINING

ORDER

New Delhi, the 14th July, 2014.

 S.O.________(E).- Whereas 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), made the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 with effect from the 15th February, 2014 for the purpose of carrying out modification and amendments in all existing rules regulating the filing of property returns and making of declaration of assets by public servants so as to bring them in conformity with the provisions of the said Act, within a period not exceeding one hundred and eighty days from the date on which the provisions of the Lokpal and Lokayuktas Act, 2013 came into force, i.e., on the 16th day of January, 2014;

 And whereas the Central Government has initiated the process of modification/amendment of all existing rules dealing with the subject matter of filing of annual returns and making of declaration of assets by public servants in consultation with various authorities, such as, the Comptroller and Auditor General in India, the Election Commission of India, the Lok Sabha Secretariat, the Rajya Sabha Secretariat, the Ministry of Law and Justice (Department of Legal Affairs and Legislative Department), the Department of Financial Services, the Department of Public Enterprises and the State Governments;

 And whereas the comments/suggestions received from various above said authorities are under consideration of the Central Government and the completion of the procedure of finalizing the rules under the said Act is likely to take some more times;

 And whereas the process of harmonization of the existing rules with the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules made thereunder is likely to take time beyond the period notified under the said Order, it will be necessary to extend the said period of one hundred and eighty days to a period of two hundred and seventy days, and the Central Government has accordingly decided to extend the period to complete this process and to notify the amendment rules after following the procedural requirements;

 Now, therefore, in exercise of the powers conferred by sub-section (1) of section 62 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014), the Central Government hereby makes the following amendment in the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014, namely:-

 In the said Order, in paragraph 2, in sub-paragraph (1), for the words “within a period not exceeding one hundred and eighty days”, the words “within a period not exceeding two hundred and seventy days” shall be substituted.

 

[ No.407/12/2014-AVD-IV(B)]

Sd/-

[P.K. DAS]

 

Joint Secretary to the Government of India

Lokpal Act notified – Central Government Employees to declare assets of self, spouse and children

The central government has notified rules under the Lokpal Act making it mandatory for all its employees to file declarations of their assets and liabilities and those of their spouses and dependent children.

Assets to be declared are immovable properties, cash in hand, bank deposits, investment in bonds, debentures, gold and silver jewellery and bullion possessed, shares in companies, mutual funds, insurance policies, provident fund, personal loans and advance given to a person. Movable properties to be declared are motor vehicles, aircraft, yachts or ships,  by them, their spouses and dependent children

It has issued new forms for filing these returns which have fields to give details on cash in hand, bank deposits, investment in bonds, debentures, shares and units in companies or mutual funds, insurance policies, provident fund, personal loans and advance given to a person or any entity, among others.

 

The employees need to declare motor vehicles, aircraft, yachts or ships, gold and silver jewellery and bullion possessed by them, their spouses and dependent children, according to the form.

 

They need to give detail of their immovable properties and statement of debts and other liabilities on first appointment or as on March 31 of every financial year.There are about 50 lakh central government employees, including IAS, IFS and IPS, among others.

 

The rules, Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014– were notified by the Department of Personnel and Training (DoPT) last week.As per the rules, notified under Lokpal and Lokayuktas Act, every public servant shall file declaration, information and annual returns of his assets and liabilities as on March 31 every year on or before July 31 of that year.These declarations are in addition to such returns being filed by the government employees under various services rules.

 

However, the competent authority may exempt a public servant from filing the information in respect of any asset if its value does not exceed his or her four months basic pay or Rs two lakh, whichever is higher, the rules said.The employees, who have already filed their declarations, information and annual returns of property, shall file revised declarations as on August 1, 2014, to the competent authority on or before September 15, this year.

 

According to the Lokpal and Lokayuktas Act, a public servant shall furnish to the competent authority the information relating to the assets of which he, his spouse and his dependent children, jointly or severally, own. He is also mandated to declare his liabilities and that of his spouse and his dependent children, as per the Act

The government is in process of modifying certain rules, including those related to search committee’s working, under the Lokpal Act. The Lokpal and Lokayuktas Act provides for the establishment of a Lokpal for the Union and Lokayuktas for the states to inquire into corruption charges against public functionaries. President Shri Pranab Mukherjee had given his assent to Lokpal Act on January 1, this year.

The format for various forms under Lokpal Act relating to Central Government Employees are as follows.

Annexure-IV Return of Assets and Liabilities

Form No.-I : Statement of immovable property

Form No. – II Statement of liquid assets on first appointment 

Form No. III – Statement of movable property

Form No. IV – Statement of Provident Fund & Life Insurance Policy

Form No.-V – Statement of Debts and Other Liabilities

 

The Economic Times

HIGHLIGHTS OF THE AEC MEETING OF AIACEGEO HELD AT CHENNAI ON 19 JULY 2014 AS REPORTED BY SHRI A.RAVINDER SINGH, VICE PRESIDENT (SOUTH)

The Associate Executive Committee Meeting of the All India Central Excise Gazetted Executive Officers was held on 19 July 2014 at Chennai.  It was presided over by Shri. Loknath Mishra and Ravi Mallik (President and Secretary General). The following are the highlights of the meet.

I.                   CADRE RESTRUCTURING :  The Chairperson on 18-7-2014 has issued directions to the Competent Committee DPC to address the UPSC with a proposal to conduct DPC for the promotions to AC Cadre at the earliest. This will be done under a single window scheme to avoid procedural delays and bottlenecks. The break up of vacancies is as follows 2118 + 150 + 39 + 230 which is notified vacancies reserve deficit and regular ones. The process of CR will be in place latest by September 2014. It may be added  here that a one  time relaxation from the DoPT is required which is at best a technical formality since the CR  already been approved by the Union Cabinet.

II.                A STAGNATION Committee has also being constituted to mitigate the acute stagnation in all cadres independent of CR. 

III.             Regularisation of Adhoc promotions: The Apex Court has directed the UPSC  on 4-7-2014 to expedite the Regularisation of Adhoc Promotions from 1.1.1997 wrt its judgement of 3-8-2011 which might be a stumbling block in conducting a massive DPC of approx 2500 posts.

IV.              Stepping up of pay: Regarding the stepping up of pay wrt ACP and MACP  the affected officers are requested to represent before the CCA and submit a copy to The Local Association which in turn will forward the same to AIB for follow  up.

V.                PARITY OF PAY as envisaged in 6 CPC with Chief Enforcement Officer is with expenditure and likely to be implemented w.e.f. 1-1-2006.Para 7.15.24 CPC Refers.

    Other issues like expeditious disposal of  Vigilance Cases against the officers  was also mooted at the meet.

     The finalization of the draft memorandum to be submitted to the VII CPC was also discussed at the meeting.

Full details of the meeting will be published by President/SG in Cengo. 

TARC’s First Report

 

In recent development CBEC has issued two Office Memorandum regarding “Tax Administrative Reform Commission” and “acute stagnation in Group -B Executive grades”. 

TARC has submitted its first report and CBEC has constituted six committees to look into the six areas of the report. Click below for TARC's first report 
 
 
Some features of TARC Report:
 
A system of limited departmental competitive examinations should be introduced by earmarking 33 per cent of the vacancies in the promotions quota in Group-B as wel as Group A, so that relatively more meritorious and younger officers in the feeder grades can get a fast track in promotions (Section  (IV.3.c)
 
In view of the inability of the current HR process to recognize and reward merit, there is also a need for providing the right opportunity to junior officers joining Group C cadres either by direct recruitment or promotion, to move on a fast track on the basis of intelligence and ability. One way of doing this will be to earmark 33 per cent of promotional vacancies in the cadre of the ITOs in Income Tax, and appraisers and Superintendents in Customs and Excise to be filled by a limited departmental competitive examination for Inspectors, tax assistants, etc, who would be eligible to sit for the examination after 5 years. The examination should test the candidates abilities and knowledge in related areas like tax and business law, accountancy, departmental processes, ICT familiarity and communication. Similarly a part of the promotion quota for the IRs could also be filled by limited departmental competitive examination at a higher level than the examination for inspectors, etc. open to the feeder cadres in the respective services. 
 
This will provide a fast track for meritorious candidates, create an incentive to perform and improve the quality of people in these crucial cadres. It is, after all, officers in these grades that the tax payer most frequently has to interact with and the quality of their performance has a decisive impact on perception about the organizations performance. The regional training institutes should also conduct coaching for employees sitting for the examination. 

Not Consulted on GST – CBEC Chief’s remarks echoed in Parliament

THE CBEC Chief Shanti Sundharam is reported to have remarked that she was not consulted on GST stating, "We did not even get the recent re-revised draft of the Constitutional Amendment Bill from the department of revenue."

These words were echoed in the Lok Sabha yesterday.

Participating in the budget discussions in the Lok Sabha yesterday, Bhartruhari Mahtab, the MP from Cuttack said,

"In the Budget, the Finance Minister has said about GST. Before taking up the amendment of the Constitution to introduce GST, this Government must plug several loopholes in the draft legislation. The trust deficit that existed between the Union Government and the State Governments must go. But I am surprised when the CBEC chief says very openly that she has not been consulted by the Finance Ministry on GST. GST aims to replace almost all the indirect taxes in the country with a single tax. It will replace Central Excise, Customs Duty and Service Tax, all that is administered by CBEC. How come its chief is not consulted? This was reported in the media on 14th. Has this been sorted out?"

 

DDT-TIOL

Modi likes to communicate his Independence Day speech directly to Central Govt Employees by mail and messages…

 Narendra Modi to reach out to govt employees’ on Independence Day

 Prime Minister Narendra Modi has asked for an exhaustive Central database of all Central and state government employees. The creation of the database, which will have the phone numbers and email addresses of all employees, is already underway, and will be first used on Independence Day when Modi’s speech is directly sent to the employees by mail and messages.

 The prime minister would like his maiden speech from the Red Fort to be directly communicated to one crore government employees, such as school teachers, village sarpanches, healthcare workers etc, in the farthest corners of the country. Most of these are not tech-savvy, Internet users and so frenetic efforts are under way to implement Modi’s intent, said government sources.

 The government has therefore initiated the process of creating the first-ever countrywide database of central and state government employees and stakeholders. Cabinet secretary Ajit Seth is monitoring the creation of this database after clear instructions by PM Modi. Seth has been meeting officials from all ministries two times every week to monitor the progress.

 The National Informatics Centre has created a new portal sampark.nic.in for the purpose. All states, through their districts and block level offices, have been directed to update their data on this website. “The ministries are also coordinating with their state counterparts to compile this data in a time bound manner,” said an official.

 The National Informatics Centre has so far collected information of 50 lakh teachers, 30 lakh sarpanches, 10 lakh health care workers and two lakh corporators. The prime minister is likely to use the data to connect with all these employees and stakeholders through social media platforms, much as he had done to connect with voters during the 2014 general election campaign, said an insider.

 “He intends to do the same now with government employees. It is an exercise to build a bond,” the official said.

 Source: www.dnaindia.com

Penalty Proceedings against Central Government Employees…

The below information is tabled to a question in Lok Sabha on 9th July 2014 by the Minister of State for Personnel, Public Grievances and Pensions as follows…

 Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

 Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rul\1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.

 A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.

 The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained. It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.

 ANNEXURE

PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.

 MINOR PENALTIES

(i) Censure;

 (ii) Withholding of his promotion;

(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;

 (iii a) Reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.

 (iv) Withholding of increments of pay;

MAJOR PENALTIES

 (v) Save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay

 (vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -

 (a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent;

and

(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;

 (vii) Compulsory retirement;

 (viii) Removal from service which shall not be a disqualification for future employment under the Government;

 (ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

 Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed:

 Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed



 

Comprehensive GST regime a reality by year end – Revenue Secretary

The Centre is working towards making a comprehensive GST regime a reality by the end of the year, Revenue Secretary Shri Shaktikanita Das said in New Delhi on Monday. Efforts are underway to resolve the contentious issues of entry tax on petroleum and tobacco and arrive at a consensus on compensation to States, Mr. Das said. 

The clarification assumes significance as a major criticism of the Union budget that the Modi government presented in Parliament last week was its silence on a possible time line for the introduction of GST. 

The Hindu.