This blog is maintained for the benefit of the entire fraternity of Central Excise, Customs and Service Tax Officer's

Thursday, 29 January 2015

FM Asks CBEC Officials For Quick Decisions To Ensure Stability


New Delhi: Ahead of the Budget, Finance Minister Arun Jaitley today asked CBEC officials for the need for tax reforms and quick decision making to ensure stability in policy regime.
The Minister also asked the Central Board of Excise and Customs ( CBEC) officials to maintain certain level of civility with assessees but to take to task the evaders and avoiders.
“Those who are liable to pay must pay…no evader or avoider must be allowed to go scot-free. At the same time, the levels of civility that we require in dealing with assessees will have to be very logical, very cogent,” he said at an the Investiture Ceremony to honour the officers of Customs and Central Excise for their excellent performance and International Customs Day function organised here today by CBEC.
“In order to make best use of this opportunity, we have to address two major concerns that is quick decision making and stability in policy matters, and reforms in tax structure and administration,” he said.
“There is need for change both in attitude and mindset towards investors’ and assesses. We need to have a non-adversarial tax administration which is both investors’ and assesses’ friendly,” he said.
Jaitley, who is scheduled to present the Budget in Lok Sabha on February 28, expressed confidence that the fiscal deficit target of 4.1 per cent of the GDP for the current fiscal would be met.
“Even though the revenues have been challenging due to slow manufacturing industry, now, it is turning around and it looks like we will be able to meet our fiscal targets,” he said.
Revenue collections which was affected due to low manufacturing in the last 2-3 years are also turning around. Forex reserves are good and Current Account Deficit (CAD) position is much better, he added.
Current account deficit stood at USD 10.1 billion or 2.1 per cent of GDP in July-September quarter of this fiscal, up from 1.2 per cent during the year ago period due to rising gold imports.
The current account deficit (CAD) is the net difference between inflows and outflows of foreign currencies.
Stating that the last one week had been a great learning for him, Jaitley said, “The sense I got in last few days is that ordinarily everything is going well with India.
“From depressing slowdown in last last two three years, suddenly our growth rates are likely to look up.”
On the other hand, competing economies globally have not been so good.
“Brazil faces a challenge, South Africa faces challenge. Europe is still struggling to come out of slowdown. China which has maintained a growth rate of over 9 per cent for over 3 decades is looking at new normal,” he said.
The Finance Minister said that Indian currency was among the two global currencies which withstood the might of dollar in recent times.

Tuesday, 27 January 2015

BENEFITS FOR CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME 1980



No.7(1)/EV/2014
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 22 January 2015
OFFICE MEMORANDUM
Sub: Central Government Employees Group insurance Scheme 1980 — Tables of Benefits for the savings fund for the period from 01.01.2015 to 31.12.2015.
The undersigned is directed to refer to this Ministry’s O.M. No.7 (1)/E V/2013 dated 8th January, 2014 forwarding therewith Tables of Benefits under CGEGIS for the year 2014. New Tables of Benefits for the savings fund of the Scheme based on a subscription of Rs.10 per month from 1.1.1982 to 31.12.1989 and Rs. 15 per month we.f. 1.1.1990 onwards have been prepared for the year 2015 and a copy of the table is enclosed. Another Table of Benefits for the savings fund based on a subscription of Rs. 10 per month for those employees who had opted out of the revised rates of subscription w.e.f. 1.1.1990 have also been drawn up for the year 2015 and a copy of that table is also enclosed. The amounts in the Tables have been worked out on the basis of interest @ 10% per annum(compounded quarterly) for the period from 1.1.1982 to 31.12.1982. 11% per annum (compounded quarterly) w.e.f. 1.i.1983 to 31.12.1986, 12% per annum(compounded quarterly) w.e.f. 1.1.1987 to 31.12.2000, 11% per Annum (compounded quarterly) w.e.f. 1.1.2001 to 31.12.2001, 9.5% per annum(compounded quarterly) w.e.f. 1.1.2002 to 31.12.2002, 9.0% per annum(compounded quarterly) w.e.f. 1.1.2003 to 31.12.2003.8% per annum (compounded quarterly) w.e.f. 1.1.2004 1030.11.2011. 8.6% per annum (compounded quarterly) w.e.f. 1.12.2011 to 31.03.2012, 8.8% per annum (compounded quarterly) w.e.f. 1.04.2012 to 31.03.2013 and 8.7 % per annum (compounded quarterly) w.e.f. 01.04.2013 onwards. The mortality rate under the Scheme has been taken as 3.75 per thousand per annum up to 31.12.1987 and 3.60 per thousand per annum thereafter in both the cases. While calculating the amount il has been assumed that the subscription has been recovered or will be recovered from the salary of the month in which a member ceases to be in service failing which it should be deducted from accumulated amounts payable.
2. In its application to the employees of Indian Audit and Accounts Department this Office Memorandum issues in consultation with the Comptroller and Auditor General of India.
(VIJAY KUMAR SINGH)
DIRECTOR

Filing of property Returns twice a year to be relaxed – Central Government Employees to file property returns both under Lokpal Act and Conduct Rules in the year 2015


HOWEVER, ONCE THE EXISTING PROVISIONS OF CONDUCT RULES IS HARMONISED WITH FILING OF ASSETS AND LIABILITIES RETURNS UNDER LOKPAL, CENTRAL GOVERNMENT EMPLOYEES MAY BE REQUIRED TO FILE PROPERTY RETURNS ONLY ONCE A YEAR.

Economic Time reports on this issue as follows:
Central government employees may be exempted from filing details of their assets and liabilities twice as mandated under Lokpal Act and other service rules governing them as the Centre has suggested a way out.
As per the Lokpal Act, every public servant shall file the returns of his assets and liabilities, including that of his spouse and dependent family members. These returns are in addition to the similar ones filed by the employees under various services rules.
"The requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation or suppression of the requirement of filing of property 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," the Department of Personnel and Training (DoPT) said.
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, it said in an order issued yesterday.
All ministries, departments and cadre controlling authorities have been asked to ensure that necessary follow-up action for harmonising the provisions of the relevant service rules is completed before July 15, the DoPT said.
The Centre had in an order issued last month revised the time limit of bringing in changes to the the relevant service rules to 18 months from the date of Lokpal Act coming into force, i.e January 16, 2014.
Till, the rules are not harmonised, all public servants have been asked to file their annual property returns as per the existing service rules and Lokpal Act.
The last date for filing the assets details under the Lokpal Act is till April this year.
As per the Lokpal Act, every public servant shall file the returns of his assets and liabilities, including that of his spouse and dependent family members, on March 31 every year on or before July 31 of that year.
For the current year, the last date for filing these returns was September 15, which was later extended to December-end and now till April 30, 2015.
All Group A, B, and C employees are supposed to file a declaration under the new rules. There are about 26,29, 913 employees in these three categories, as per the government’s latest data.

Thursday, 22 January 2015

Budget will decide actual date of Implementation of 7th Pay Commission

Budget will decide actual date of Implementation of 7th Pay Commission
Budget will decide actual date of Implementation of 7th Pay Commission
It is known fact that seventh pay commission will be implemented on 01.01.2016 but actual date of its arrival will certainly be decided by General Budget -2015. Speaking at a function Mr. Jaitley was found talking sympathetically for central government employees. Mr. Jaitley further said that he is against increasingtaxes.Report of Seventh Pay Commission will come in this year.
Approximately 50 Lakh Central Government Employees will be benefited from implementation of the report of Seventh Pay Commission.


Tuesday, 20 January 2015

CESTAT BENCH IN HYDERABAD BY MARCH, 2015

Justice Goda Raghuram, President, CESTAT said on Saturday in Hyderabad that the Tribunals proposed  Bench in Hyderabad is likely to start functioning in two months.

It is part of such Benches – three of them at new locations – sanctioned by the Centre and set to benefit trade and industry in Telangana and Andhra Pradesh. In the absence of a Bench, appeals from the States against orders and decisions of Commissioners of Customs, Excise and Service Tax are taken to the Bench in Bengaluru.
Justice Raghuram who was addressing a seminar organised by the Federation of Telangana and AP Chambers of Commerce and Industry here, said the Bench is likely to be located at a government building here. Besides Hyderabad, new CESTAT Benches are being set up in Chandigarh and Allahabad, while New Delhi, Mumbai, Chennai are getting an additional Bench each.
The six Benches will help reduce CESTAT BENCH IN HYDERABAD BY MARCH, 2015 of appeals. Around one lakh appeals have been pending before the Benches and over Rs. 2 lakh crore revenue was in the pipeline of adjudication. To queries from press persons later, he said of the 13,500 pending appeals before the Bengaluru Bench, whose jurisdiction included Karnataka and Kerala, 6,300 – 6,500 that were from Telangana and AP would be shifted to Hyderabad. The recruitment process for the six Benches was in an advanced stage, he said, adding there is a lot of infrastructure to be created since its a critical level institution.

The Hindu

Monday, 19 January 2015

BOTH IPR AND LOKPAL DECLARATIONS HAVE TO BE FILED TILL CONDUCT RULES ARE AMENDED - DOPT CLARIFIES..

No. 407/12/2014-AVD-IV(B)
Bharat Sarkar/Government 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 3oth April, 2015 (Annexure-I) 
2. In this regard, several queries are being received from various Ministries/Departmems/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, 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 previsions 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 clean 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 Lokpal 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 harmonismg 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.
sd/-
(Jishnu Barua)
Joint Secretary to the Govt. of India

CESTAT Bench in Hyderabad by March,2015

Justice Goda Raghuram, President, CESTAT said on Saturday in Hyderabad that the Tribunals proposed  Bench in Hyderabad is likely to start functioning in two months.

It is part of such Benches – three of them at new locations – sanctioned by the Centre and set to benefit trade and industry in Telangana and Andhra Pradesh. In the absence of a Bench, appeals from the States against orders and decisions of Commissioners of Customs, Excise and Service Tax are taken to the Bench in Bengaluru.
Justice Raghuram who was addressing a seminar organised by the Federation of Telangana and AP Chambers of Commerce and Industry here, said the Bench is likely to be located at a government building here. Biesides Hyderabad, new CESTAT Benches are being set up in Chandigarh and Allahabad, while New Delhi, Mumbai, Chennai are getting an additional Bench each.
The six Benches will help reduce pendency of appeals. Around one lakh appeals have been pending before the Benches and over Rs. 2 lakh crore revenue was in the pipeline of adjudication. To queries from press persons later, he said of the 13,500 pending appeals before the Bengaluru Bench, whose jurisdiction included Karnataka and Kerala, 6,300 – 6,500 that were from Telangana and AP would be shifted to Hyderabad. The recruitment process for the six Benches was in an advanced stage, he said, adding there is a lot of infrastructure to be created since its a critical level institution.

The Hindu

Monday, 12 January 2015

DOPT RELEASED NEW FORMATS FOR LOKPAL DECLARTIONS TO BE FILED BY CG EMPLOYEES ON OR BEFORE 30.04.2015

DOPT has released formats for Lokpal Declarations by CG Employees. Due date is 30-4-2015. Declarations to be filed as on 1-8-2014. Total Four Forms along with covering letter. Form-I: Details of Public Servant, his/her spouse and dependent children. Form-II: Statement of movable property on first appointment or as on 1-8-2014 by Public Servant, spouse and dependent children. Form-III: Statement of immovable property on first appointment or as on 1-8-2014 by Public Servant, spouse and dependent children. Form-IV: Statement of liabilities by Public Servant, spouse and dependent children.






Thursday, 8 January 2015

All India Central Excise Inspectors’ Association
Representing the Inspectors of Central Excise throughout India. (RECOGNISED BY THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, VIDE CBEC F.NO. 12017/1/2004-Ad.IV dated 27.05.2013
HYDERABAD BRANCH                                                                               Dated :07.01.2015

To                                                              
The Chief Commissioner,
Customs, Central Excise and Service Tax,
Hyderabad Zone,
Hyderabad.

Madam,

Sub: Adhoc Promotion from the cadre of Inspector to the Cadre of Superintendent of Central Excise, Hyderabad Zone against vacancies that have arisen after AC promotion –Request for regular promotion -Regarding.

****
       
It is humbly submitted to the benign Chief Commissioner that Hyderabad –I Commissionerate, Vide Establishment (GO) Order No. 88/2014 dated 31.10.2014 issued promotion to the officers from the cadre of Inspector to the Cadre of Superintendent of Central Excise on Adhoc basis in respect of vacancies that have arisen after promotion of Superintendents to the cadre of Assistant Commissioners vide order dated 22.10.2014 issued by the Ministry.

2.     The Ministry Vide Order 192/2014 dated 22.10.2014 promoted 1863 Superintendents of Central Excise including 66 Superintendents from A.P Zone to the Cadre of Assistant Commissioner on adhoc basis subject to the decision of the competent authority for regular promotion based on UPSC recommendation.

3.     Subsequently, vide E.O (G.O) No. 88/2014, adhoc promotion has been issued from Inspector cadre to the cadre of Superintendent by Hyderabad –I Commissionerate for filling up the chain vacancies which arose by way of promotion of the Superintendents to the cadre of the Assistant Commissioner of Central Excise.

4.     It is pertinent to submit that some of the Zones of Customs and Central Excise have issued promotion on regular basis instead of adhoc basis from the cadre of Inspector to the cadre of Superintendent against the vacancies that arose after Ministry’s order 192/2014 dated 22.10.2014. A photo copy of Establishment order No. 125/2014 dated 21.11.2014 issued by Vadodara Zone effecting promotion to 71 Inspectors on Regular basis is submitted herewith for kind perusal.
5.     The administration is aware that 1863 adhoc promotions against the revised sanctioned strength of Assistant Commissioner were issued during the implementation of Cadre Restructuring. The Cabinet has approved the additional sanctioned strength in the Cadre of the Assistant Commissioner for a continuous period of five years and the likelihood of reversion of these officers in future, is remote for the reasons that majority of them will either attain superannuation or will be adjusted against regular vacancies which may arise in the cadre of Assistant Commissioner within a period of five years. It is also reliably learnt that DPC for approximately 500 existing vacancies in the cadre of Assistant Commissioner is under process at Board level.   

6.      This is also to submit that such Superintendents from other zones who have been promoted on regular basis will be placed in the seniority list while the officers promoted on Adhoc basis from A.P zone will not even find place in the seniority list of Superintendents. The same may in turn, severely impair the career prospects of the officers of AP zone.

7.      In view of the above and in order to maintain uniformity, the judicious Chief Commissioner of Hyderabad Zone is requested to regularize all such Adhoc promotions with deemed date with effect from  the respective dates on which they were promoted on Adhoc basis to the cadre of Superintendent.


Thanking you Madam,
Yours faithfully,
Encl: EO(GO) No. 125/2014
dated 21.11.2014 of Vadodara Zone
(SUDESH SINHA)
PRESIDENT

Copy submitted to the Commissioner, Customs, Central Excise and Service Tax, Hyderabad –I Commissionerate.







Tuesday, 6 January 2015

Government to amend Lokpal and Lokayuktas Act to address deficiencies in the Act. Time Limit of 18 months provided under Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014, to amend Lokpal and Lokayuktas Act

Last date for filing declaration assets and liabilities by Central Government Employees under Lokpal and Lokayuktas Act 2013 has been extended till 30th April 2015 under Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for exemption of assets in filing Returns) Rules, 2014.

 Government has planned to amend Lokpal and Lokayuktas Act on the basis of apprehensions  of Employees on the safety and security of Children and spouse when their property information is published online. To accomplish this process of amending Lokpal and Lokayuktas Act, 2013, Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 has been amended now to the effect that the Act can be amended with in the period of 18 months from the date the Act came in to effect (i.e 16th January 2014)
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
                                                                                                                                            ORDER
New Delhi, the 26th December, 2014
S.O. 3272(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) (hereinafter referred to as the said Act), made the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 (hereinafter referred to as the said Order) with effect from the 15th February. 2014 for the purpose of carrying out modifications 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., the 16th January, 2014;
And whereas, the central Government initiated the process of modifications and amendments 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 of India, the Election Commission, 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 and suggestions received from above said authorities had been under consideration of the Central Government and the completion of the procedure of finalising the rules under the said Act was likely to take some more time and the process of harmonisation of the existing rules with the provisions of the said Act and the rules made thereunder was taking time beyond the period notified under the said Order, and, therefore, the Central  Government amended the said Order on 14th July, 2014, extending the said period of one hundred and eighty days to a period of two hundred and seventy days;
And whereas, the Central Government, after consulting the Ministries/Departments. including the Department of Financial Services, the Department of Public Enterprises, the Ministry of Law and Justice and the office of the Comptroller and Auditor General of India, made 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 (hereinafter referred to as the said rules), in exercise of the powers conferred by sub-section (1) read with clause (k) and clause (l) of sub-section (2) of section 59 read with section 44 and section 45 of the Lokpal and Lokayuktas Act, 2013, and notified the said rules on 14th July, 2014, prescribing therein the forms in which information and annual returns are to be filed by every public servant;
And whereas, the Central Government forwarded the Copies of the notification containing the said rules to all Ministries and Departments of the Central Government requesting them to take the follow-up action in terms of the said rules. and for ensuring compliance with the said rules by all officers and staff in the respective Ministries, Departments and organisations and public sector undertakings under their control;
And whereas. the Central Government also forwarded the copies of the notification containing the said rules to the Chief Secretaries of all State Governments and Union territories, requesting them to take the follow-up action in terms of the said rules requiring all officers of the All India Services working in connection with the affairs of the State Governments and the officers and staff working in various organisations and public sector undertakings under their control so as to ensure due compliance with the said rules by all of them;
And whereas, concerns and apprehensions were raised by some Ministries and Departments, Organisations and inpiduals about the posting of every information provided by the public servant on public domain and the complexities involved in posting such details in the prescribed formats and also about exacerbation of vulnerabilities of the public servantsafter filing such details. specifically of movable property and their publication on the websites of respective Ministries and Departments giving rise to the apprehension of the safety and security of the members particularly children of the public servant;
And whereas, keeping in view the genuine concerns and apprehensions aforesaid, the Central Government constituted a Committee on 28th August, 2014 to simplify the forms and the process in which public servants shall make declaration of assets and liabilities as required under the said Act and the rules made thereunder and the Committee was required to examine the forms prescribed under the said rules and suggest changes therein as may be considered necessary within a period of forty-five days;
And whereas, the exercise of reviewing the existing rules relating to various services and posts with the provisions of the said Act and the rules made thereunder, the process of completion of follow-up action by various Ministries and Departments of the Central Government and the State Governments and the exercise of simplification of forms and the process in which public servants shall make declarations of assets and liabilities, was likely to take time beyond the period of two hundred and seventy days as specified in the said Order (as amended by the Order, dated 14th July, 2014), it had become necessary to extend the said period of two hundred and seventy days and, accordingly, the Central Government amended the said Order on 8th September, 2014. extending the said period of two hundred and seventy days to a period of three hundred and sixty days for the purposes of section 44 of the said Act;
And whereas, the Committee constituted by the Central Government on 28th August, 2014 to simplify the forms and the process in which public servants shall make declaration of assets and liabilities as required under the said Act and the rules made thereunder, submitted its first Report to the Government on 1st October, 2014, wherein the Committee suggested simplification of form prescribed for submission of statement regarding movable assets and the form prescribed for submission of statement regarding debts and liabilities by public servants, under the aforesaid rules;
And whereas, the processing of necessary amendments to the aforesaid rules so as to incorporate the revised forms for filing statement regarding movable properties and the statement regarding debts and liabilities and the circulation of the revised formats, after their due notification in the Official Gazette, to all Ministries and Departments of the Central Government and the Chief Secretaries of all State Governments and Union territory administrations and the further process of follow-up action in terms of the said rules requiring all officers of the All India Services working in a connection with the affairs of the State Governments and the Offices and Staff working in various Organisations and Public Sector Undertakings under their control so as to ensure due compliance with the revised rules by all of them, is a time consuming process and as such the said process cannot be completed within the limit of three hundred and sixty days as contemplated in the principal order as amended by the order dated 8th September, 2014;
And whereas, Central Government has decided to amend the Lokpal and Lokayuktas Act, 2013, to address various deficiencies noticed in the said Act and, in that context, a need has also been felt to amend the provisions of section 44 of the said Act so as to harmonise the provisions of the said section with the relevant provisions of the Representation of the People Act, 1951 and rules framed thereunder, the All India Services Act, 1951 and rules framed thereunder, the rules framed by the Central Government in pursuance of article 148 and article 309 of the Constitution and also various statutes setting up autonomous bodies and Public Sector Undertakings and the rules framed thereunder;
And whereas, the introduction of a Bill to amend the Lokpal and Lokayuktas Act, 2013, and its passing by Parliament and enforcement is also likely to take time; and hence it has become necessary to extend the said period of three hundred and sixty days to a period of eighteen months and the Central Government has accordingly decided to extend the period to complete this process;
New. therefore, in exercise of the powers conferred by sub-section (1) of section 62 of the Lokpal and Lokayuktas Act, 2013 (l of 2014). the Central Government hereby makes the following amendment further to amend 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 three hundred and sixty days”, the words “within a period not exceeding eighteen months” shall be substituted.

[R No. 407/ 12/2014-AVD-1V(B) l]