Lokpal Advisory
Lokpal Advisory
- GOI
provides Interim Relief as promised - The
issue has not been resolved conclusively - The
voluntary sector, through its networks like CAP & VANI as also industry
bodies like CII should continue their advocacy with the government
For
almost the past six months, CAP along with other sector and industry networks like
VANI and CII has been persuading the Government of India to implement changes
in the Lokpal and Lokayuktas Act 2013 so that the definition of “Public
Servant” does not negatively impact those who voluntarily serve the nonprofit
sector in a fiduciary capacity.
almost the past six months, CAP along with other sector and industry networks like
VANI and CII has been persuading the Government of India to implement changes
in the Lokpal and Lokayuktas Act 2013 so that the definition of “Public
Servant” does not negatively impact those who voluntarily serve the nonprofit
sector in a fiduciary capacity.
We
are hoping that in good time the GOI will amend the 2013 Act and remove all
ambiguities. However, we should all feel grateful that interim relief has come
our way, as promised, indefinitely extending the deadline for the disclosure
requirement clause under the Act.
are hoping that in good time the GOI will amend the 2013 Act and remove all
ambiguities. However, we should all feel grateful that interim relief has come
our way, as promised, indefinitely extending the deadline for the disclosure
requirement clause under the Act.
Here
is the link to the Office Memorandum, dated December 8, 2016, issued by the
Department of Personnel and Training, Ministry of Personnel, Public Grievances
and Pensions:
is the link to the Office Memorandum, dated December 8, 2016, issued by the
Department of Personnel and Training, Ministry of Personnel, Public Grievances
and Pensions:
What is the current status?
1)
Due to the
amendment made to Section 44 of the Lokpal Act, by the Lokpal and Lokayuktas
(Amendment) Act, 2016 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 and all the amendments made thereto have become
redundant.
Due to the
amendment made to Section 44 of the Lokpal Act, by the Lokpal and Lokayuktas
(Amendment) Act, 2016 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 and all the amendments made thereto have become
redundant.
2)
Given the amended
Section 44 of the Lokpal Act, at present there is no requirement for public servants to
file declarations of their assets and liabilities.
Given the amended
Section 44 of the Lokpal Act, at present there is no requirement for public servants to
file declarations of their assets and liabilities.
3)
The OM indicates
that the Government is in the process of finalising a fresh set of rules which
will be notified in the due course of time to prescribe the form, manner and
timelines for filing of the declarations.
The OM indicates
that the Government is in the process of finalising a fresh set of rules which
will be notified in the due course of time to prescribe the form, manner and
timelines for filing of the declarations.
CAP’s Suggested Advisory:
1)
To reiterate, at present there is no requirement for
public servants to file declarations of their assets and liabilities.
To reiterate, at present there is no requirement for
public servants to file declarations of their assets and liabilities.
2)
Compliance under
this law has been postponed indefinitely.
Compliance under
this law has been postponed indefinitely.
3)
Writs have been
filed in certain courts by others. However, the legal team in Mumbai has
suggested that we continue our dialogue with government, which has so far been
quite responsive and positive.
Writs have been
filed in certain courts by others. However, the legal team in Mumbai has
suggested that we continue our dialogue with government, which has so far been
quite responsive and positive.
4)
Continue to
follow our Blog for updates.
Continue to
follow our Blog for updates.
Noshir H Dadrawala