THE GAZETTE OF INDIA EXTRAORDINARY [PART II- Section 2]
The following Bill was introduced in Lok Sabha on 27th July, 2016:—
BILL NO. 185 OF 2016 A
Bill to amend the Lokpal and Lokayuktas Act, 2013
BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:—
Short title and commencement.
1. (1) This Act may be called the Lokpal and Lokayuktas (Amendment) Act, 2016.
(2) It shall be deemed to have come into force on the 16th day of January, 2014.
Amendment of section 44.
2. On and from the date of commencement of the Lokpal and Lokayuktas Act, 2013 (hereinafter referred to as the principal Act), for section 44, the following section shall be substituted, and shall be deemed to have been substituted, namely:—
Declaration of assets.
“44. On and from the date of commencement of this Act, every public servant shall make a declaration of his assets and liabilities in such form and manner as may be prescribed.”.
Amendment of section 59.
3. On and from the date of commencement of the principal Act, in section 59, in sub-section (2), for clause (k), the following clause shall be substituted, and shall be deemed to have been substituted, namely:—
“(k) the form and manner of declaration of assets and liabilities by public servants under section 44:
Provided that the rules may be made under this clause retrospectively from the date on which the provisions of this Act came into force;”.
STATEMENT OF OBJECTS AND REASONS
The Lokpal and Lokayuktas Act, 2013 (1 of 2014), was enacted and brought into force with effect from 16th January, 2014.
2. A Bill, namely, the Lokpal and Lokayuktas and other related law (Amendment) Bill, 2014 was introduced in Lok Sabha, inter alia, to streamline and harmonise the provisions relating to furnishing of information on assets and liabilities by public servants under section 44 of the said Act with the applicable Acts, rules and regulations. The said Bill was referred to the Department Related Parliamentary Standing Committee which submitted its report on 7th December, 2015. The Standing Committee has given some recommendations.
3. However, keeping in view the concerns expressed by different categories of public servants and in line with one of the recommendations of the Standing Committee, a need has been felt to amend section 44, with a consequential amendment, so as to provide that on and from the commencement of the said Act, every public servant shall make declaration of his assets and liabilities in such form and manner as may be prescribed.
4. In view of the aforesaid, it is now proposed to introduce a new Bill, namely, the Lokpal and Lokayuktas (Amendment) Bill, 2016 to provide for substitution of section 44 with effect from the date of the commencement of the said Act.
5. The Bill seeks to achieve the aforesaid objectives.
DR. JITENDRA SINGH. The 26th July, 2016.
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 3 of the Bill seeks to substitute clause (k) of sub-section (2) of section 59 of the Lokpal and Lokayuktas Act, 2013, so as to empower the Central Government to make rules for the purpose of prescribing the form and manner in which declaration of assets and liabilities is to be made by public servant under section 44. The proviso to the said clause (k) empowers the Central Government to make rules with retrospective effect.
2. The matters in respect of which rules may be made under the proposed amendments are matters of procedure and administrative details and it is not practicable to provide for them in the Bill itself. The delegation of legislative power is, therefore, of a normal character.
Editorial Note : Presently ( Before above amendment) :-
Section 44 of Lokpal and Lokayuktas Act, 2013 read as folllow
DECLARATION OF ASSETS
Declaration of assets.
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 thirty 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.|
(3) A public servant holding his office as such, at the time of the commencement of this Act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2), to the competent authority within thirty days of the coming into force of this Act.
(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 sub-section (2), as on the 31st March of that year.
(5) The information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed.
(6) The competent authority in respect of each Ministry or Department shall ensure that all such statements are published on the website of such Ministry or Department by 31st August of that year.
Explanation—For the purposes of this section, “dependent children” means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood.
Section 59 :-
Power to make rules.
59. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form of complaint referred to in clause (e) of sub-section (1) of section 2
;(b) the term of the Search Committee, the fee and allowances payable to its members and the manner of selection of panel of names under sub-section (5) of section 4;
(c) the post or posts in respect of which the appointment shall be made after consultation with the Union Public Service Commission under the proviso to sub-section (3) of section 10;
(d) other matters for which the Lokpal shall have the powers of a civil court under clause (vi) of sub-section (1) of section 27;
(e) the manner of sending the order of attachment along with the material to the Special Court under sub-section (2) of section 29;
(f) the manner of transmitting the letter of request under sub-section (2) of section 36;
(g) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the Lokpal under section 40;
(h) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 42;
(i) the form and manner and the time for preparing the returns and statements along with particulars under section 43;
(j) the form and the time for preparing an annual return giving a summary of its activities during the previous year under sub-section (5) of section 44;
(k) the form of annual return to be filed by a public servant under sub-section (5) of section 44;(l) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 45;
(m) any other matter which is to be or may be prescribed.