JOIN USBureaucratsmust declare spouse's assets: Govt
A government servant will have to declare the assets of the spouse even if he/she has procured it by his/her own income under the Lokpal and Lokayukta Act 2013.
The Department of Personnel and Training (DoPT) has clarified that the government official will have to do so even if the spouse has his/her own income or property under the new anti-corruption law.
“Yes. Clauses (a) and (b) of Sub — section (2) of Section 44 of the Lokpal and Lokayukta Act, 2013 does not make any exception in respect of assets procured by the spouse of the public servant by his/her own income,” stated the DoPT in a newly published Frequently Asked Questions (FAQ).
In case, it stated, the spouse is also a public servant, both will have to file separate documents on their assets and liabilities. The requirement is binding on each public servant, irrespective of whether the spouse of the public servant is also a public servant or not, it added.
However, the biggest problem for the bureaucrats is that they will have to file details of assets and liabilities under the Lokpal Act as well as Conduct Rules as they have not been harmonised.
It said 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 there under, by carrying out appropriate amendments in them,” it added. The Centre had set a October 15 deadline.
According to the Lokpal Act, a government servant has to declare his assets and liabilities and that of his spouse and dependent children.
The general requirement in most of the Conduct Rules require the public servant to submit a return about 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.
He will also have to declare shares, debentures, postal Cumulative Time Deposits and cash, besides other movable assets in his name.