Executive Summary:
Bill No. 185 of 2016, the Lokpal and Lokayuktas Amendment Act, 2016, was introduced in Lok Sabha on July 27, 2016, to amend the Lokpal and Lokayuktas Act, 2013. The amendment primarily focuses on Section 44 of the principal Act, concerning the declaration of assets and liabilities by public servants. It is deemed to have come into force on January 16, 2014.
Key Points / Main Content:
Amendment to Lokpal and Lokayuktas Act, 2013:
* The Bill amends the Lokpal and Lokayuktas Act, 2013.
Section 44 Amendment (Declaration of Assets):
* Section 44 of the principal Act is substituted to state that every public servant shall declare their assets and liabilities.
* The declaration must be made in a prescribed form and manner.
* This amendment is deemed to have been in effect from January 16, 2014.
Amendment to Section 59 (Rule-Making Power):
* Section 59, subsection 2, clause k is substituted to empower the Central Government to prescribe the form and manner of asset and liability declarations by public servants under Section 44.
* Rules under this clause may be made retrospectively from the date the Act came into force.
Delegated Legislation:
* The Central Government is empowered to make rules regarding the form and manner of declaration of assets and liabilities by public servants.
* Rule-making power can be applied retrospectively.
Impact Analysis:
Public Servants:
* Impact: Required to declare assets and liabilities in a prescribed form and manner.
* Action Required: Comply with the new rules and procedures for declaring assets and liabilities once they are prescribed by the Central Government.
Central Government:
* Impact: Empowered to create and enforce rules regarding the declaration of assets and liabilities by public servants.
* Action Required: Formulate and implement rules specifying the form and manner in which public servants must declare their assets and liabilities, potentially with retrospective effect.
Key Entities Referenced
Lok Sabha: The lower house of the Parliament of India where the Bill was introduced.
Lokpal and Lokayuktas Act, 2013: An Act of the Parliament of India that provides for the establishment of Lokpal for the Union and Lokayukta for the States to inquire into allegations of corruption against certain public functionaries.
Lokpal and Lokayuktas Amendment Act, 2016: A Bill to amend the Lokpal and Lokayuktas Act, 2013.
Parliament: The supreme legislative body of the Republic of India.
Republic of India: The nation governed by the Constitution of India.
Department Related Parliamentary Standing Committee: A committee of the Parliament of India that reviews and reports on bills and other matters.
Dr. Jitendra Singh: The Minister of State in the Government of India who introduced the Lokpal and Lokayuktas Amendment Bill, 2016.
Central Government: The executive authority of the Union of India.
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LOK SABHA
————
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:—
1. (1) This Act may be called the Lokpal and Lokayuktas (Amendment) Act, 2016. Short title
and
(2) It shall be deemed to have come into force on the 16th day of January, 2014. commencement.
2. On and from the date of commencement of the Lokpal and Lokayuktas Amendment
of section 44.
1 of 2014. 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:—
"44. On and from the date of commencement of this Act, every public servant Declaration of
shall make a declaration of his assets and liabilities in such form and manner as may be assets.
prescribed.".2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment of 3. On and from the date of commencement of the principal Act, in section 59, in
section 59. 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;".SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 3
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.
NEW DELHI; DR. JITENDRA SINGH.
The 26th July, 2016.4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC.2]
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.
————
ANOOP MISHRA
Secretary General
PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2016.
GMGIPMRND—1952GI—27-07-2016.