INFORMATION, IN RESPECT OF LOKPAL AND LOKAYUKTAS ACT, 2013

Some of the important points from the DRAFT FAQs WITH PROPOSED REPLIES/INFORMATION, IN RESPECT OF LOKPAL AND LOKAYUKTAS ACT, 2013 issued by DOPT as OM. no.NA dated 29-04-2015:

1. Vide Gazette Notification No. S.O. 1 I 9(E) dated 16-0 I -2014 the Lokpal and Lokpal Act, 2013 (1 of 2014 has come into force from the said date. However, the institution of Lokpal is yet to become functional.

2.In terms of provisions of section 14 of the Lokpal and Lokayuktas Act, 2013 the employees of the State Government are not covered unless they have served in connection with the affairs of the Union

Employees of the State Government are, inter alia, to be covered under the jurisdiction of the respective Lokayuktas. 

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. 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.

Sub-section (1) of Section 44 of the Lokpal and Lokayuktas Act, 2013 makes it mandatory for every public servant to make a declaration of his assets and liabilities in the manner as provided by or under this Act, i.e. as per provisions of section 44(2) of the Act. The requirement is binding on each public servant, irrespective of whether the spouse of the public servant is also a public servant or not.

Clauses (a) and (b) of Sub — section (2) of Section 44 of the Lokpal and Lokayuktas Act,2013 does not make any exception in respect of assets procured by the spouse of the public servant by his/her own income.

 4. The Competent authority in respect of each Ministry or Department shall ensure that all such statements are published on web site of such Ministry or Department by 31" August of that year."

5.Disclaimer: The above clarifications are for general information and guidance and do not

interpret legal provisions of the Act nor tender any legal opinion on issues as per the above OM.

For full text refer the Ministry OM.