an initiative of FMSF & CPA

       
 

LOKPAL - APPLICABILITY OF FCRA ORGANISATIONS UNDER LOKPAL

Under the Lokpal and Lokayukta Act 2013 director, manager, secretary of voluntary organizations receiving foreign funding in excess of Rs.10 Lakhs are placed under its ambit-

14 (h) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year or such higher amount as the Central Government may, by notification, specify;

Declaration of Assets under Lokpal and Lokayukta Act 2013

(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 subsection (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.

Click to view Lokpal requirement on MHA’s FCRA website https://fcraonline.nic.in/fc_lokpal_initial.aspx

Declaration of Assets under Lokpal and Lokayukta Amendment Act 2016

On and from the date of commencement of the Lokpal and Lokayuktas Amendment of Act, 2013 (hereinafter referred to as the principal Act), for section 44, the following section 44. 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.".


On and from the date of commencement of the principal Act, in section 59, in subsection (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;"

On 1st December 2016 the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training the date for filing returns under the Lokpal and Lokayuktas Act has been deferred indefinitely till the ‘form and manner’ is prescribed the Central Government and clearly exempts spouses and dependent children from filing returns.

Click for the order http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/407_16_2016-AVD-IV-LP-01122016A.pdf