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Closing of Central Govt Offices during general elections at Delhi on 7th Feb 2015

F.No.12/7/2014-JCA2
Government of India
Ministry of Persbnnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 19th January, 2015

OFFICE MEMORANDUM

Subject: Closing of Central Government Offices in connection with general elections to the Legislative Assembly of NCT of Delhi, 2015.

The undersigned is directed to say that in connection with the general election to the Legislative Assembly of NCT of Delhi, to be held on 7th February, 2015, the following guidelines, already issued by DOPT vide OM No. 12/ 14/99-JCA dated 10th October 2001, have to be followed for closing of the Central Government Offices including Industrial Establishments in NCT of Delhi:

(i) The relevant offices / organizations shall remain closed in the notified areas where general elections to the Legislative Assembly of NCT of Delhi, scheduled to be conducted.

(ii) In connection with bye-elections to State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling. Special Casual leave may also be granted to an employee who is ordinarily a resident of constituency and registered as a voter but employed in any Central Government Organization/ Industrial . Establishment located outside the constituency having a general/bye-election.

2. The above instructions may be brought to the notice of all concerned.

(K.Kipgen)
Director (JCA)

original DOPT order : Click here

7th CPC visit to Andaman & Nicobar Islands

The Commission, headed by its Chairman, Justice Shri A. K. Mathur, proposes to visit Andaman & Nicobar Islands from 4th to 7th February, 2015.

The Commission would like to invite various entities/associations/federations representing any/all categories of employees covered by the terms of reference of the Commission to present their views.

Your request for a meeting with the Commission may be sent through e-mail to the Secretary, 7th Central Pay Commission at secy-7cpc@nic.in. The memorandum already submitted by the requesting entity may also be sent as an attachment with this e-mail.

The last date for receiving request for meeting is 31st January 2015 (1700 hours).

Source : 7th CPC Portal

Foreign tours/travels as part of Training Programmes approval of SCOS

No. 7(1)/E.Coord/2014
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
25th November 2014

OFFICE MEMORANDUM

Subject: Foreign tours/travels as part of Training Programmes approval of Screening Committee of Secretaries (SCOS).

Instructions have been issued by this Department from time to time on the need to curtail expenditure on foreign travel. In recent months it has been observed that Ministries/Departments have been proposing Foreign Study Tours (FSTs) of large delegations of officers as a part of training programmes. In keeping with the Government’s drive on economy and rationalization of expenditure and to have an objective assessment of such FSTs, it has been decided that prior approval of the Screening Committee of Secretaries would be required for all FSTs of delegations exceeding 5 members (irrespective of level/rank of officers), where Government of India is funding such tours and which are part of career training programme(s) or stand alone tours or otherwise.

2. This has the approval of Cabinet Secretary.

(N.Radhakrishnan)
Director (E.Coord)

Original Finmin Order : Click here

Guidelines for Educational Qualifications and Experience for framing/amendment of Recruitment Rules

No.AB.14017/ 27/20 14-Estt.(RR)
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: 20.1.2015

OFFICE MEMORANDUM

Subject: – Guidelines for Educational Qualifications and experience for framing/amendment of Recruitment Rules.

Department of Personnel & Training vide 0M. No. AB. 14017/48/2010- Estt (RR) dated 31st December, 2010 have issued Guidelines on framing/amendment/relaxation of Recruitment Rules and Service Rules.

2. In continuation to the above, the following Guidelines on prescribing Educational Qualifications and requisite experience in respect of various posts, Pay Band & Grade Pay/ Pay Scale for appointment by Direct Recruitment or deputation depending upon the nature of functions and duties are being issued. These Guidelines may be adopted by the Ministries/ Departments as guide while framing Recruitment Rules for various posts. A draft OM to this effect is annexed herewith.

3. Ministries/ Departments are, therefore, requested to offer their comments on the proposed O.M positively by 20.2.2015

(Mukta Goel)
Director (E-1)

———————————–

No.AB-14017/ 27/2014-Estt.(RR)
Government of India
Ministry of Personnel P.G.& Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: . .2015

OFFICE MEMORANDUM

Subject: – Guidelines for Educational Qualifications and Experience for framing/amendment of Recruitment Rules.

Department of Personnel & Training vide O.M. No. AB.14017/48/2010- Estt (RR) dated 31st December, 2010 have issued Guidelines on framing/amendment/relaxation of Recruitment Rules and Service Rules.

2. In continuation to the above, the following Guidelines on prescribing Educational Qualifications and requisite experience in respect of various posts, Pay Band & Grade Pay/ Pay Scale for appointment by Direct Recruitment or deputation depending upon the nature of functions and duties are being issued. These Guidelines may be adopted by the Ministries/ Departments as guide while framing Recruitment Rules for various posts.

Pay Band as Grade Pay/Pay Scale       Educational Qualifications               Period of Experience
Apex Scale  No specific qualifications or experience is required since these postsare the highest level posts and should be as per the nature of functions & duties of the post/ Services
HAG
HAG  Doctorate or Masters Degree in Engineering/Technology /Medicine 18 years
GP Rs.10000  Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine 15 years
GP Rs.8900  Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine 12 years
GP Rs.8700  Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine 10 years
GP Rs.7600 Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine 10 years
GP Rs.6600 Master’s Degree or Bachelor’s Degree in Engineering/ Technology/Medicine 7 years, 5 years
GP Rs.5400 Master’s Degree or Bachelor’s Degree in Engineering/ Technology/ Medicine 3 years
GP Rs.4800  Master’s Degree or Bachelor’s Degree in Engineering/ Technology 2 years or NIL
GP Rs.4600 (a) Master’s Degree equivalent to Engineering or Bachelor’s Degree in Engineering/ Technology     (b) Bachelors Degree/Masters Degree NIL                        3 years /2 years
GP Rs.4200  (a) Bachelors’ Degree/Diploma in professional area  (b) Master’s Degree  or Diploma in Engineering 2 years  NIL
Grade Pay Rs.2400 & 2800  Bachelors’ Degree OR                                                    12th Pass with Diploma in relevant field Nil
Grade Pay Rs. 1900 & 2000  12th Pass Nil
Grade Pay Rs. 1800  Matriculation or ITI  Nil

Note : Desirable qualification and the field of experience may be kept as per the requirement of the post. Further, the experience in the relevant field from Government/ State Government/other recognized Institutions may be kept as per the nature & duties of the post.

3. The above guidelines may not be applicable in cases where specific Educational Qualifications and experience has been prescribed by Department of Expenditure (e.g. while creating the post etc), orders/ instructions issued by this Department. (viz. Model RRs, FCS guidelines, Notification for Group ‘C’ posts & LDC, etc.) or by other Ministries/Departments (viz. AICTE/UGC norms under D/o Higher Education). Further, these educations qualifications are not exhaustive but illustrative.

4. All the Ministries/Departments are also advised that while revising/framing the Recruitment Rules, they may prescribe that possession of IT Skills would be a mandatory requirement at the entry level in respect of all the Direct Recruitment. The level of IT skill may be prescribed keeping in view the duties level and responsibilities attached to the post. For promotion, it may be stipulated that promotions would be made subject to employees successfully completing the prescribed training course. The courses in IT skills would need to be developed keeping in view the functions, responsibility and the level of the post to which the promotions is being made.

(Mukta Goel)
Director (E-1)

Original DOPT  Order : Click here

Annual Medical Examination for the Group ‘A’ officers of CCS / posts of age 40 years and above

No. 21011/1/2009-Estt (A)- Part.
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi, 15th January, 2015

OFFICE MEMORANDUM

Sub:- Annual Medical Examination for the Group ‘A’ officers of Central Civil Services/posts of age 40 years and above.

The undersigned is directed to refer to this Department’s OM of even number dated 1st February, 2012 and 20th March, 2013 on the above subject whereby the scheme of Annual Medical Examination in respect of Group ‘A’ officers of Central Civil Services/posts of age 40 years and above had been circulated in consultation with Ministry of Health & Family Welfare. In this OM, the regime of medical tests to be conducted, the package rates applicable and the list of 26 Hospitals which had agreed to conduct the Annual Medical Examination under the Scheme were prescribed. Subsequently, vide OM of even number dated 20th March, 2013, full address of the 26 Hospitals in Delhi/NCR circulated with OM dated 1s t February, 2012, was notified. ( Available and downloadable from the website of this Department – http://persmin. nic.in => OMs & Orders => Establishment).

2. In OM No.21011/1/2009-Estt (A) Part dated 2e March, 2013, the list of empanelled Hospitals in the areas other than Delhi NCR as provided by the Ministry of Health & Family Welfare vide their OM No.A.17020/1/2010-MS dated 28th December, 2012, was attached.

3. The matter regarding empanelment of hospitals for the required Medical Examination was again taken up by this Department with Ministry of Health & Family Welfare.

4. Ministry of Health & Family Welfare vide O.M No.S.11045/36/2012-CGHS(HEC) dated 1st October, 2014 have conyed the details of fresh empanelment of private Health Care Organisations (HCO) and revision of package rates applicable under CGHS Delhi & NCR which are valid for two years. This OM dated 1st October, 2014 can be downloaded from their website www.mohfw.nic.in\eghsnew\index.asp. With this OM dated 1st October, 2014, a list of approved Private Health Care Organisation (HC0s), which are empanelled under CGHS in Delhi/NCR area, has also been enclosed.

5. In accordance with Para 3(M) of the agreement entered into by the Ministry of Health & FW with these Hospitals (copy enclosed with their above mentioned O.M No.S.11045/36/2012- CGHS(HEC) dated 1st October, 2014), it has been made obligatory for these Hospitals to conduct Annual Medical Examination as per the prescribed format and approved rates .The agreement has provided that these empanelled Hospitals shall agree for conducting all investigations/diagnostic tests/consultation etc. of the Central Civil Service Group “A” officer of above 40 years of age
and other categories of CGHS beneficiaries as specified by Government from time to time as per the prescribed protocol, subject to the condition that the hospital shall not charge more than Rs.2000/- for conducting the prescribed medical examination of the male officers and Rs.2200/- for female officers of Central Government who come to the hospital/institution with the requisite permission letter from their Department/Ministry/ Competent Authority. Accordingly, Group “A” officers of Central Civil Services/Posts of age of 40 years and above can have the required Annual Medical Examination conducted by the Hospitals listed with the Ministry of Health & Family Welfare’s above referred No.S.11045/36/2012-CGHS(HEC) dated 1sst October, 2014 referred in para 4 above.

6. In non-CGHS areas, the number of hospitals empanelled under CS (MA) Rules, 1944 being relatively lower ,the different departments/offices may identify one or more hospital locally and refer their Group ‘A’ officers to such hospital for annual medical examination as per the prescribed schedule and rate i.e. Rs. 2000/- for men and Rs. 2200/- for women officers. State Government hospitals or semi-Govt./Public Sector Undertaking’s(PSU) hospitals may also be contacted for the purpose accordingly.

(Prem Chand)
Under Secretary to the Government of India

Original DOPT Order : Click here

Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2015

No.16/1/2014-JCA 2
Government of India
Ministry of Personnel Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated the 19th January, 2015

OFFICE MEMORANDUM

Sub: Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2015.

In connection with arrangements for the Republic Day Parade and Beating Retreat Ceremony, 2015, it has been decided that the Government offices located in the buildings indicated in Annexure-I would be closed early at 13:00 hrs. on 25th January, 2015 (Sunday) and buildings indicated in Annexure-II would be closed early at 12:00 Noon on 29th January, 2015 (Thursday).

2. Hindi version will follow.

Encl.: As above

(K.Kipgen)
Director (JCA)

Original Order : Click here for DOPT Order & Office Details

Immovable Property Return for the year 2014 – Submission through cscms.nic.in

IMMEDIATE

No.26/1/2015-CS.I (PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****

2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi.
Dated: 15th January, 2015.

OFFICE MEMORANDUM

Subject: Immovable Property Return for the year 2014 (as on 31.12.2014)- submission through cscms.nic.in regarding

CS.I Division, Department of Personnel & Training is the custodian of Annual Immovable Property Return (IPR) in respect of CSS officers of Under Secretary and above levels.

2. As Ministries/ Departments are aware that all Government servants are now required to file information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act, 2013. In this regard, queries have been received as to whether there is any need for public servants to file property returns under the CCS (Conduct) Rules, 1964, in addition to information and returns under the Lokpal and Lokayuktas Act, 2013. The matter has been examined in this Department and it has since been clarified vide O. M. No.407/12/2014-AVD-IV(B) dated 13.01.2015 (Para 7 (b) of the OM refers) that Govt. servants will be required to file annual property return as per existing provisions of CCS (Conduct) Rules, 1964 also. Accordingly, all CSS Officers are directed to file immovable property return by 31.1.2015.

3. As already informed, IPR should be submitted by all CSS Officers through the Web Based Cadre Management System which is hosted at cscros.nic.in Print out of the IPR submitted online in respect of US and above level officers of CSS should also be submitted to CS.I Division as it being the custodian of IPR of these officers. The procedure for filing IPR is reiterated as under:

(i) Login to the system at cscms.nic.in by using the userid and password. In case of any difficulty in login please contact the nodal officer of the Ministry/ Department for assistance. The generic Userid is eight digit date of birth followed by first four letters of name. Userid is also the employee code assigned to individual officers in the web based system. If the password is blocked, nodal officers can reset the password of individual employees by using the ‘reset password’ facility in the Tools Menu on the top of the screen. They can also provide ‘Employee Code’ from the system to individual officers to enable them to login to the system,

(ii) Verify whether personal details are reflected in the system correctly. To verify the details click on the ‘Employee Details’ button. If the details are not correct, first have them rectified through Admin. Division of concerned Department before processing further.

(iii) Click `IPR’ button on the top and then click on `Immovable Property Returns’ icon;

(iv) Click `Add button’ and select IPR Year `2014′;

(v) In case the officer does not own any immovable property in terms of GCS (Conduct) Rules. click ‘Submit NIL Report’ button;

(vi) In case the officer owns any immovable property click `Add New Property Details’. If the officer owns more than one property the procedure has to be repeated till all the property details are added;

(vii) After adding property details as mentioned above, click `Close’ button;

(viii) Then click ‘Final Submission of IPR’ to submit the report ;

(ix) Select ‘2014’ under `IPR Year’ and click `View’. The report as submitted by the officer will be viewed. Then click `Print Report’ at the bottom of the screen to take a print out of the report, Sign the hardcopy of the report and submit to Admin Division/ Vigilance Division of the Department who will in turn forward the same to CS] Division for records; and,

(x) In case IPR is already submitted online last year, first click ‘Add button’ and then click ‘Copy Property Details from Last Year’s IPR for Current Year’ button. Thereafter click `modify’ button and submit it, if there is no change in the IPR details furnished last year. In case IPR is submitted online for the first time, then do not click the button ‘Copy Property Details from Last Year’s IPR for Current Year’ instead click `Add New Property Details’.

4. Ministries) Departments are requested that the contents of this Q.M. may be widely circulated to the notice of all CSS officers working under their control. They should also ensure that the IPR for the year 2014 (as on 31.12,2014) is submitted by all officers within the stipulated period of 31.01.201 5 without fail. Only the print out taken from the IPR module of the web based cadre management system in respect of Under Secretary and above level officers of CSS should be forwarded to CS.l Division for records.

5. In case of any difficulty, please contact CMC officials who have developed Web Based Cadre Management System at Telephone No.24629890.

(V. Srinivasaragavan)
Under Secretary to the Government of India

Original Order : Click here

DOPT seeking comments from public regarding introduction of postal stamps as RTI fee/cost

No.1/3/2014-IR
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel and Training
(IR Division)

North Block, New Delhi
Dated 14th January, 2015

Circular

Subject: Introduction of postal stamps as RTI fee/cost – seeking comments from public regarding

RTI Rules, 2012 prescribe payment of RTI application fee/Cost through four Modes i.e. IPO, Demand Draft, Bankers Cheque and Cash against receipt. Apart from regular modes of payments, Information seekers can use the facility of e-IPO and also use Debit/Credit Card for filing online RTI application.

2. CIC in its full bench decision in the case No. CIC/BS/C/2013/000149/LS dated 27.08.2013 had inter-alia urged DoPT to consider acceptance of RTI stamps as a mode of payment of RTI Fee and Costs. The issue was examined in consultation with Department of Posts and the latter expressed its inability to print exclusive RTI stamps. Subsequently, Department of Posts recommended use of definitive series of postal stamps which are ubiquitously available in the Post Offices across the country in different denominations. It further added that, the RTI applicants would also need to affix the said stamp(s) on the RTI application. The RTI applicant(s) by putting his signature or thumb impression shall cancel the said postage stamp(s) to prevent it from misuse/re-use.

3. It was decided with the approval of the then MoS (PP) that acceptance of postal stamps as mode of payment of RTI fee and cost would require amendment in the RTI Rules notified on 31.7.2012 only, the recommendations of CIC may be noted and considered as and when amendment to RTI Rules are considered.

4. The CIC in its recent decision dated 12.12.2014 in File No. CIC/SA/C/2014/000038 has again recommended to DoPT to adopt the proposal of the Deptt. of Posts of use of ordinary Postal Stamps for payment of RTI fee.

5. Introduction of Stamps as one of modes of payment for RTI application fee would require amendment to the RTI Rules, 2012. In addition, the following issues need to be sorted out before taking any decision.

i. Use of ordinary postal stamps for the purpose of RTI may lead to accounting problem, as it would not be possible to account amount collected for RTI through ordinary stamps. Section 25(3)(e) of the RTI Act lays down that each public authority is required to communicate to CIC/SIC, as the case may be, the amount of charges collected under this Act for incorporation in their Annual Report.

ii. There is apprehension of misuse of ordinary stamps for the purpose of RTI, in the absence of specific procedure for crossing such stamps.

iii. Whether postal stamps may be considered for initial RTI fees only or for payment of additional fee also.

6. A Committee has been formed to look into the above and other related issues. It has been decided to invite views/suggestions from the citizens in the subject matter, for the consideration of the Committee. The views/suggestions, preferably not exceeding more than one page, may be sent latest by 7.2.2015 through email only to Shri R.K. Girdhar, Under Secretary (RTI), North Block at usrti-dopt@nic.in

(Sandeep Jain)
Director – IR

Original Order : Click here

Clarification regarding Pay fixation on grant of Non-Functional Upgradation to the officers of Organized Group A Services

No. AB.14017/25/2013-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and ‘ ansions
Department of Personnel and Training
***

New Delhi, the 12th January, 2015

OFFICE MEMORANDUM

Subject:- Clarification regarding Pay fixation on grant of Non-Functional Upgradation to the officers of Organized Group A Services.

***

The instructions for grant of NFU as per 6th CPC for officers of Organized Group ‘A’ services have been issued in DOPT OM dated 24.04.2009. The terms tis conditions for grant of NFU as laid down in Clause-7 of the Annexure to the above said O.M., prescribe that pay fixation on grant of NFU under these orders will be done as per the provisions of CCS (RP) Rules, 2008 i.e. officers will be granted one increment at the rate of 3% of basic pay and the difference of grade pay will be added to their basic pay. As for the officers posted under the Central Staffing Scheme, they will be granted one increment on account of NFU, but their grade pay will remain unchanged as they are holding a tenure post with a specific grade pay under Central Staffing Scheme.

2. The provisions of FR 22-(I)(a)(1) have been extended to promotions after 01.01.2006 vide Department of Expenditure O.M. F.No. 1/1/2008-IC dated 13th September, 2008(Clarification No.2). References have been received in this Department seeking clarification on whether the officers on grant of NFU will also be entitled to exercise “option” to get their pay fixed from the date of grant of NFU or from the date of the next increment.

3. The issue has been considered in consultation with the Department of Expenditure. It is clarified that the officers may be permitted the option for pay fixation as in the case of promotion with the condition that no re-fixation of pay would be allowed at the time of promotion. As per the terms and conditions for grant of NFU all the prescribed eligibility criteria and promotional norms including ‘benchmark’ for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale.

4. Hindi version will follow.

(Mukta Goel)
Director (E-I)

Original DOPT Order : Click here

Clarification on filing of property returns in accordance with existing service rules for different categories of public servants

No. 407/12/2014-AVD-IV (B)
Bharat Sarkar/Governinent 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 30th April, 2015 (Annexure-I).

2. In this regard, several queries are being received from various Ministries/Deparixnents/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 provisions 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) , 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 even 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 Lokpai 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 harmonising 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.

(Jishnu Barua)
Joint Secretary to the Govt. of India

Original Order : Click here

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