The statement of assets and liabilities under Section 22 shall be in Form IV.
1. Item (3) under the heading “Explanation’ substituted by GSR 18, dated 25.04.1998 and shall be deemed to have come into force w.e.f. 02.06.1997.
2. Sub-rules (5) and (6) inserted by Notification No DPAR 58 SLU 96, dated 22.04.1997 and shall be deemed to have come into force w.e.f. 03.06.1996.
3. Substituted for the letters and figures “Rs. 10,000” by Notificaion No. DPAR 2 SLU 2009, dated 15.06.2009 and shall be deemed to have come into force w.e.f. 01.01.2006.
4. Substituted for the letters and figures “Rs. 10,000” by Notificaion No. DPAR 2 SLU 2009, dated 15.06.2009 and shall be deemed to have come into force w.e.f. 01.01.2006.
[ corrected by Corrigendum No. DPAR 2 SLU 2009, dated 18.06.2009].
CASE LAW Rule-7 – Incorrect statement of assets and liabilities filed by a Legislator – Disproportionate assets to the tune of Rs.12,92,05,217/- which works out to 628% over and above his known sources – Held, criminal proceedings are quashed and the Special Judge, Lokayukta directed to look into the matter afresh.
K.N.Keshavanarayana, J., Held: That he has filed vague and incorrect statement of his Assets and Liabilities before the Lokayukta while filing statements as required by Rule 7 of the Karnataka Lokayukta Rules, 1985; that though he acquired several movable and immovable properties after he became the Member of the State Legislative Assembly, has not disclosed them in his statements of Assets and Liabilities filed before the Lokayukta;
that he also filed incorrect and defective statements before the Election Commissioner;
that the total value of the assets held by the petitioner herein both in his name and benami in the names of his wife and others, are worth about Rs.14,52,08,217/-the total expenditure from 1989-90 upto 2010-11 was Rs.45,70,000/- whereas the total income declared by him was only Rs.1,56,73,000/- and the liabilities declared by him was to the tune of Rs. 49,00,000/- and thus the disproportionate assets possessed by him is to the tune of Rs.12,92,05,217/- which in terms of percentage works – out to 628% over and above his known sources. – Bahu rao Chinchanasur V State by Lokayuktha Police, Bangalore Urban District, Bangalore and Another, 2013(3) Kar.L}.480B 1[SCHEDULE xxxxx]
1. Schedule omitted by GSR 210, dated 10.08.1987, w.e.f. 15.10.1987.
FORM I (Complaint) [see Rule 4(1)] Before the Lokayukta/Upa-lokayukta for Karnataka
1. Name and address of the complainant for all correspondence in respect of the complaint;
2. Name and address of the Public Servant complained against;
3. Brief facts relating to the action complained of;
(complainant’s affidavit in the Form II to be enclosed)
4. If the complainant or the person for whom he is acting is aggrieved, the nature of the grievance should be specifically mentioned;
5. Name and addresses of the witnesses whom the complainant desires to examine in support of the allegations;
6. Particulars of the documents relied upon by the complainant in support of the allegation;
7. If the documents relied upon or their true copies are available with the complainant they should be enclosed and details thereof should be furnished;
8. If the documents relied upon are not in the custody of or cannot be produced by the complainant, the office or other place or individual from whom they may be secured, should be specified.
1[9. Were the facts stated in Item 3 the subject matter of any previous complaint to any authority including the Lokayukta or the Upa-lokayukta or of any suit, petition or other proceeding whatsoever before a Court of Law or other Tribunal or an Officer of a Government if so give particulars of the 2[remedies sought or granted.]
10. Remarks if any:
Note: Copies of affidavits and documents shall be enclosed in duplicate for office use and in as many sets as there are public servants complained against.
Place:
Dated:
Signature or the thumb mark of the complainant.
_____________________________________________________________________
1. Item 9 substituted by GSR 112, dated 16.04.1986.
2. Substituted for the words “remedy sought or given” by GSR 117, dated 21.04.1988, w.e.f. 02.061988.
FORM II (Complainant’s Affidavit) [See Rule 4(i)] Before the Lokayukata /Upa-lokayukta for Karnataka I, ............son of Shri.....................................................................Aged............years, profession........................resident of ............Taluka.......District..................at present at......................Taluka.............District.................do hereby solemnly affirm and state as follows.-
1. That I am the complainant in this case.
2. I have enclosed hereto a complaint making allegations against Sri/Srimathi...............The contents of my complaint may be read as part and parcel of this affidavit.
3. That the statements of this complaint petition have been read by/read over to me and understood by me and that I declare and affirm that they are true to the best of my knowledge, information and belief.
Dated: Signature of the Deponent.
........................Solemnly affirmed before me this...........day of ...................198 at....................
Signature 1[FORM II-A [See Rule 5(i)] Register of Complaints
1. Sl. No;
2. Date of receipt of the complaint;
3. Complainant’s name and address;
4. Name and address of the public servant complained against;
5. If the public servant complained against is a Government employee the group of service to which he belongs;
6. Whether the complaint contains an allegation or grievance;
7. Date of final disposal;
8. Result;
9. Manner of implementation of final order.]
1. Form IIA as inserted by GSR 112, dated 16.04.1986 and substituted by GSR 170, dated 19.06.1986, w.e.f. 26.06.1986.
1[FORM III [See Rule 5] Before the Lokayukta/Upalokayukta for Karnataka, Bangalore To Sri/Srimathi...........................
Sir/Madam Subject:
With reference to your 2[complaint] dated......................on the above subject, I have to state that the same has been found to suffer from the following defects.-
(a).................................
(b)................................
(c)...................................
(d)..................................
Your are hereby required to rectify the defects pointed out above, within.....................days from the date of receipt of this letter by you, failing which the said 3[complaint] shall be placed for orders 4[as required under sub-rule (3) of Rule 5] before the Lokayukta/Upa-lokayukta, Yours faithfully, Bangalore Dated Registrar to the Lokayukta Karnataka, Bangalore, 5[Form – IV (see rule 7) Statement of Assets and Liabilities filed by ................................................
..............................................................................................................(here specify the name and designation of the Public Servant) for the financial year ending 31st March.................................
(Note.- Every column appearing in the form has to be filled in words not by dashes and dots)
1. The permanent address (with Telephone no and Mobile no. if any) of the public servant
2. Names of the members of the Family of the public servant and his relationship with each of them (Reg. `Family`, see explanation to section 22 of the Lokayukta Act)
3. Present annual income of the public servant and each one of the family members Note: Statement of Assets and Liabilities of the public servant and his family members (“family of a public servant” means the spouse and such children and parents of the public servant as are dependent on him/her):
4. Cash and other Liquid Assets as on 31st March .............
Particulars to be furnished Public Servant Spouse Dependent Father Dependent Mother Dependent Children 1st 2nd 3rd
(1) (2) (3) (4) (5) (6)
(a) Cash i) Cash on hand ii) Cash kept in locker (give details) iii) Whether it is personal savings iv) If not, mention the source of acquisition
(b) Bank deposits i) Account / Certificate No. nature of deposit, amount and name & branch of bank ii) Whether it is personal savings iii) If not, mention the source of acquisition iv) Date of deposit
(c) Bank Accounts i) Account No. & nature of A/C amount and name & branch of bank ii) Whether it is personal savings iii) If not, mention the source of acquisition
(d) Post Office Accounts i) Account /Certificate No.s nature of deposit, amount and name & place of Post Office ii) Whether it is personal savings iii) If not, mention the source of acquisition
(e) National Savings Certificates and other Certificates obtained through the Post Office, i) No. of the NSCs and other certificates, amount, name & place of post office ii) Whether it is personal savings iii) If not, mention the source of acquisition
(f) Units of Unit Trust of India i) particulars of units, name of the branch and amount.
ii) Whether it is personal savings iii) If not, mention the source of acquisition
(g) Government and other Securities i) Particulars of securities, name & place of office of Government / Company and amount invested ii) Whether it is personal savings iii) If not, mention the source of acquisition
(h) Shares, Debentures or Deposits in Companies i) Particulars of shares, debentures or deposits in companies (furnish address of company) and amount invested ii) Whether it is personal savings iii) If not, mention the source of acquisition
(i) Money advanced to others as loan or otherwise i) Amount, date and name of the person to whom the money is advanced ii) Whether it is personal savings iii) If not, mention the source of acquisition
(j) Insurance Policies and Provident Funds i) Particulars of Insurance Policies and Provident Funds ii) Whether it is personal savings iii) If not, mention the source of acquisition
(k) Other investments and being investments in immovable property
(i) Particulars of investments, name & address of company and the amount invested ii) Whether it is personal savings
(iii) If not, mention the source of acquisition
5. Moveable property other than that covered by Item 4 as on 31st March...........
(a) Jewellery and Bullion i) Particulars ii) Cost and date of acquisition iii) Whether it is out of personal savings iv) If not, mention the source of acquisition
(b) Vehicles i) Particulars ii) Cost and date of acquisition iii) Whether it is out of personal savings iv) If not, mention the source of acquisition
(c) Antiques beyond the value of Rs. 10,000/- i) Particulars ii) Cost and date of acquisition iii) Whether it is out of personal savings iv) If not, mention the source of acquisition d) Silverware i) Particulars ii) Cost and date of acquisition iii) Whether it is out of personal savings iv) If not, mention the source of acquisition e) Investments in Business Concerns i) Particulars ii) Cost and date of acquisition iii) Whether it is out of personal savings iv) If not, mention the source of acquisition f) Other Household goods including furniture costing more than Rs.25,000/- each
6. Immovable Property as on 31st March .............
a) Agricultural lands i) Survey No. and place ii) Extent iii) Whether dry, wet, garden or plantation land iv) Whether ancestral, joint or separate property.
v) If not, mention the source of acquisition vi) Cost and date of acquisition vii) Whether it is out of personal savings b) Non-agricultural lands which have not been built upon i) No, assigned to the land and place where situated ii) Extent iii) Whether ancestral iv) Cost and date of acquisition v) Whether it is out of personal savings vi) If not, mention the source of acquisition c) Buildings (including flats) i) Complete address of the buildings with dimension ii) Cost and date of acquisition iii) Whether ancestral, joint or separate property iv) Whether it is out of personal savings v) If not, mention the source of acquisition d) Other immovable property i) Particulars of other immovable property with dimension ii) Cost and date of acquisition iii) Whether ancestral, joint or separate property iv) Whether it is out of personal savings v) If not, mention the source of acquisition
7. Liabilities as on 31st March...........
a) Nature, extent and other particulars of liability and the date when it was incurred b) Name and address of the person to whom (creditor) liable I, .....................................................................................do hereby solemnly declare that the information furnished above is true and that nothing relevant has been omitted therefrom.
Station:
Date :
Signature of the Public Servant Designation .............................
1. Forms III and IV substituted by GSR 112, dated 16.04.1986.
2. Substituted for the word “ communication” by GSR 117, dated 21.04.1988, w.e.f.
02.06.1988.
3. Substituted for the word “ communication” by GSR 117, dated 21.04.1988, w.e.f.
02.06.1988
4. Inserted by GSR 117, dated 21.04.1988, w.e.f.02.06.1988.
5. Form IV substituted by Notification No. DPAR 18 SLU 2008, dated 25.01.2010.
w.e.f. 25.01.2010.
No.DPAR 18 SLU 20087 GOVERNMENT OF KARNATAKA Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, Dated.05-03-2018.
In exercise of the powers conferred by Section 23 of the Karnataka Lokayukta Act, 1984(Karnataka Act 4 of 1985), the Government of Karnataka hereby makes the following rules further to amend the Karnataka Lokayukta Rules, 1985, namely:- NOTIFICATION
1.Title and commencement:- (1) These rules may be called the Karnataka Lokayukta (Amendment) Rules 2018.
RULES
(2) They shall come into force from the date of their publication in the Official Gazette.
2. Amendment to the Form-IV :- In the Karnataka Lokayukta Rules, 1985, in FORM-IV, under the heading “6.Immovable Property as on 31st March….”
(i) in column (a), in clause (a) after item No.(vii), the following shall be inserted at the end, namely:- “(viii) Present guideline value”
(ii) in column (b), in clause (b) after item No.(vi), the following shall be inserted at the end, namely:- “(vii) Present guideline value”
(iii) in column (c), in clause (c) after item No.(v), the following shall be inserted at the end, namely:- “(vi) Present guideline value”
(iv) in column (d), in clause (d) after item No.(v), the following shall be inserted at the end, namely:- “(vi) Present guideline value” By Order and in the name of the Governor of Karnataka (K.S.Rohini) Under Secretary to Government (I/C) Department of Personnel and Administrative Reforms (Vigilance)