 bill no  16 of  2011 the government servants (declaration of assets and investigation) bill, 2011 by shri pradeep tamta, mp abillto provide for declaration and investigation of assets held by government servants employed in certain departments and for matters connected therewithbe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act  may be called the government servants (declaration of assets and investigation) act, 2011short title, application and commencement5(2) it shall apply to government servants holding posts or appointments under theunion government or the union territory administration(3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—|                                                                                       | (   | a                                                                          ||---------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| held by the government servants or by their dependants, within the country and/or     |     |                                                                            || abroad;                                                                               |     |                                                                            || 5                                                                                     |     |                                                                            || (                                                                                     | b   | ) "authority" means the government servants assets investigation authority || constituted under section 3;                                                          |     |                                                                            || (                                                                                     | c   | ) "dependants" includes spouse, parents, sons and unmarried daughters;     || (                                                                                     | d   | ) "government servants" means persons employed in government               || departments specified in the schedule to this act and holding any post or appointment |     |                                                                            || under the union government or the union territory administration; and                 |     |                                                                            || 10                                                                                    |     |                                                                            || (                                                                                     | e   | ) "prescribed" means prescribed by rules made under this act              |3 (1) there shall be constituted an authority to be called the government servants assets investigation authority15(2) the authority shall consist of such number of members not exceeding ten, chosen from fields like finance, social welfare, education and other such fields, in such manner, as may be prescribedconstitution of the government servants assets investigation authority(3) the chairperson of the authority shall be a retired judge of the supreme court or of a high court and shall be appointed by the president| function                                                                                     | of                                                                                  ||----------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| authority                                                                                   |                                                                                     || 4                                                                                           | the authority shall look into and investigate such cases of assets disproportionate || to the known sources of income held by a government servant, on its own or otherwise        |                                                                                     || 20                                                                                           |                                                                                     || declaration of                                                                               |                                                                                     || assets                                                                                       | by                                                                                  || g o v e r n m e n t                                                                          |                                                                                     || servants                                                                                    |                                                                                     || 5                                                                                           | (                                                                                   || the schedule shall, within a period of  one month from the date of coming into force of this |                                                                                     || act, declare the particulars of all the assets possessed by him and his dependants to the    |                                                                                     || authority, in such manner and form, as may be prescribed                                    |                                                                                     || 25                                                                                           |                                                                                     || (                                                                                            | 2                                                                                   || return of the assets held or acquired by him and any of his dependants within one month of   |                                                                                     || the beginning of the next financial year to the authority                                   |                                                                                     || 30                                                                                           |                                                                                     || 6                                                                                           | the details of the return filed by the government servant and of the declaration    || made by him under section 5 shall be maintained by the authority in a register to which any  |                                                                                     || member of the general public shall have access                                              |                                                                                     || maintenance                                                                                  |                                                                                     || of a register                                                                                |                                                                                     || showing                                                                                      |                                                                                     || returns filed                                                                                |                                                                                     || by                                                                                           |                                                                                     || government                                                                                   |                                                                                     || servants                                                                                    |                                                                                     || disciplinary                                                                                 |                                                                                     || action                                                                                      |                                                                                     || 7                                                                                           | the government servants found to be having assets disproportionate to the known     || sources of their income shall be subject to such disciplinary action, as may be prescribed  |                                                                                     |8 the central  government may, by order, add any other department of the government to the schedule to this actprovision for inclusion of other departments in the schedule35power to make rules9 (1) the central government may, by  notification in the official gazette, make rules for carrying out the purposes of this act(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters:—(i) the manner in which members of the authority shall be appointed;40(ii) the form in which declaration of assets shall be furnished; (iii)  the manner in which the declaration shall be scrutinized;(iv) the procedure to be followed by the authority for investigation of assets of a government servant;5(v) action to be taken in case declaration of assets furnished is false orinvestigation of assets leads to the fact that the government servant has assets disproportionate to the known source of his income; and(vi) any other matter that is necessary to carry out the provisions of this act10(3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the house agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or  be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule the  schedule[see sections 2(d),  5(1) and  8]1 department of revenue-tax, customs and central excise 2 department of  sales tax 3 municipal corporation 4 departments dealing with public utility services like water, electricity, civil supplies,etc5 department dealing with housing 6 police statement of objects and reasonsthere has been a large scale corruption in certain departments of the government dealing with income-tax, customs and central excise, housing, water, electricity, law and order as is evident from public outcry and reports in newspapers and electronic media there are allegations that persons working in these departments despite having very meager salary live in a very lavish style with all modern facilities so far, there has been no initiative by the government to look into the life style of these persons and take action against them it is a common fact that an ordinary man has to run from pillar to post to get his work done if he does not bribe the persons concerned everyday, there are reports in the newspapers and electronic media about the deep rooted and wide spread corruption in these departments this is also highlighted by articles and letters published in newspapers it is high time that the government took initiative to look into the high level corruption in these departments before the situation becomes explosive the bill seeks to achieve this purpose by providing a deterrent to the effect that assets of government employees shall be subject to continuous scrutinynew delhi;pradeep  tamtafebruary 21, 2011 financial memorandumclause 3 of the bill provides for the establishment of an authority to be known as the government servants assets investigation authority by the central government the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one crore per annuma non-recurring expenditure of about rupees five crore is also likely to be incurred memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for declaration and investigation of assets held by government servants employed in certain departments and for matters connected therewith————(shri pradeep tamta, mp)gmgipmrnd—6964ls(s3)—11-03-2011