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Performance Appraisal Report draft circular of Central Civil Services Rules, 2019
DoPT Orders 2019
No.21011/01/2017-Estt.A-1I
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 27th September 2019
OFFICE MEMORANDUM
Subject: Circulation of draft Central Civil Services (Performance Appraisal Report) Rules, 2019 - seeking comments
of Ministries/Department.
The undersigned is directed to say that Annual Performance Assessment Report (APAR) of Government servants
holding Group 'A', Group 'B' and Group 'C' posts of Central Civil Services are at present being governed by
instructions/guidelines issued by this Department from time to time.
2. With a view to consolidate the instructions, draft Central Civil Services (Performance Appraisal Report) Rules, 2019
have been prepared and enclosed. Comments/ suggestions/ modifications on the draft Rules, if any, may be furnished to the
undersigned within two weeks from the date of issue of the O.M. at the e-mail address jayashree.c@nic.in.
(Jayashree Chellamani)
Under Secretary to the Govt. of India
Tel: 23040468
Email: jayashree.c@nic.in
Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training
DRAFT
CENTRAL CIVIL SERVICES (PERFORMANCE APPRAISAL REPORT) RULES, 2019
In exercise of the powers conferred under Article 309 and clause (5) of Article 148 of the Constitution of India and after
consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts
Department, the President of India hereby makes the following rules, namely: -
1. Short title and commencement - (1) These rules may be called the Central Civil Services (Performance
Appraisal Report) Rules, 2019, in short CCS (PAR) Rules, 2019.
(2) They shall come into force on the date of their
publication in the Official Gazette.
2. Application:-
(1) These rules shall be applicable to all Government servants holding Group 'A', Group'B' and Group 'C' posts of Central
Civil Services in Ministries/Departments (including attached and subordinate offices), civilian Government servants in the
Defence Services and to officers appointed against a civil post on contract basis, but shall not apply to:
(a) any railway servant,
(b) any officer of the All India Services,
(c) any person in casual employment,
(d) any person for whom special provision is made, in respect of all or any matters covered by these rules, by or under any
law for the time being in force or by or under any agreement entered into.
(2) Notwithstanding anything contained in sub-rule (1), the President may by an order exclude any group of Government
servants from the operation of all or any of these rules.
(3) In the case of a Government servant temporarily transferred to a service or post to which these rules do not apply,
these rules shall continue to apply.
(4) If any doubt arises as to whether these rules or any of them apply to any person it shall be referred to the President
or such other authority as may be specified by the President by general or special order and the President or such other
authority shall decide the same.
3. Definitions. - In these rules, unless the context otherwise requires;-
(a) "Accepting Authority" means the authority which supervises the performance of the reviewing authority as may be
specifically empowered in this behalf by the Government;
(b) "Annual Confidential Report (ACR)" means Performance
Appraisal Report recorded prior to the reporting year 2008-09.
(c) "Cadre Controlling Authority (CCA)", in relation
to a service has the same meaning as in the rules regulating that Service;
(d) "Central Civil Services" means all
Central Civil Services including General Central Services but excluding All India Services;
(e) "Competent Authority"
means authority referred to in Rule 14(7)(a) and Rule 14(8)(a) of these Rules to decide the representation of officers
reported upon against PAR disclosed to him/her;
(f) "Custodian" means the Unit/Section responsible for generation,
disclosure and overall maintenance of PAR/Dossier.
(g) "Dossier" means the compilation of the PARs and ACRs written
on an officer of the Service, referred to in rule 4, and includes such other documents as may be specified by the Central
Government, by general or special order, in this behalf;
(h) "Empanelment" means the process of assessing the
suitability for appointment at the level of Joint Secretary and above as well as equivalent posts in the Government of
India;
(i) "Government" means,
(i) in case of a Government servant on deputation to a State Government or who
is deputed for service in any company, association or body of individuals whether incorporated or not, which is wholly or
substantially owned or controlled by the Government of a State, or in a local authority set up by an Act of the Legislature
of a State, the Government of that State;
(ii) in any other case, the Central Government.
(j) "Government servant" means any person appointed by Government to any civil service or post in connection with the
affairs of the Union and includes a civilian in a Defence Service; Explanation- A Government servant whose services are placed at the disposal of a company, corporation,
organisation or a local authority by the Government shall, for the purpose of these rules, be deemed to be a Government
servant serving under the Government notwithstanding that his salary is drawn from sources other than the Consolidated Fund
of India;
(k) "Officer Reported Upon" means officer of Central Civil Services whose performance is assessed through PAR;
(l) "Performance Appraisal Report" means the PAR for the financial year (April to March or a part thereof) and referred to
in the rules;
(m) "Report" means PAR;
(n) "Reporting Authority" means such authority supervising the performance
of the Officer Reported Upon, as may be specifically empowered in this behalf by the Government Provided that where the
Officer Reported Upon is a Group 'C' officer, the Reporting Officer shall be an officer holding a post not below Level-6 in
Pay Matrix in ih Central Pay Commission.
(o) "Reviewing Authority" means such authority supervising the performance of
the reporting authority, as may be specifically empowered in this behalf by the Government;
(p) "Schedule" means the
Schedules annexed to these rules;
(q) "State" means a State specified in the First Schedule to the Constitution and
includes a Union Territory;
(r) "State Government" means the Government of the State where the officer reported upon
is working in connection with affairs of the State.
4. Maintenance and custody of PAR.-(1) A comprehensive dossier shall be maintained for each Government
servant by the Central Government in the manner specified under these rules and the dossier shall consist of the documents
specified in Schedule- 1.
(2) Time schedule for recording and maintaining of PAR shall be as provided in Schedule-2 Appendix-II and as may be
specified by the Government from time to time. Provided that if a report for a financial year is not recorded by 31 st
December of the year in which the financial year ended, no remarks may be recorded thereafter and the officer may be
assessed on the basis of the overall record and self-appraisal for the year, if he has submitted his self-appraisal within
the scheduled time.
(3) (a) The Dossier of a Government servant shall be retained for a period of two years from the date of superannuation,
retirement, resignation or death. After a period of retention of the dossier for two years but before weeding out, if a
specific written request is received from the concerned retired officer, a copy of the dossier may be provided to him. Such
Dossier before being weeded out shall be retained in electronic form such as PDF format etc.
(b) Pending finalisation of disciplinary proceedings at the time of superannuation or retirement or resignation, the period
of two years shall count from the date of issue of final orders in the disciplinary proceedings;
(c) Where at the time of superannuation or retirement or resignation, a case is pending in Central Administrative Tribunal
or any Court of Law, the period of two years shall count from the date of final decision in the case or two years from the
lapse of time for filing of appeal or two years from the date of final decision on the appeal filed, if any;
5. Form of the PAR-
(1) Every CCA shall, if not already done, migrate to electronic generation and
recording of PAR in electronic form immediately after notification of these Rules.
Provided that in exceptional case,
prior approval of the Department of Personnel & Training may be obtained for manual generation and
recording/reviewing/acceptance of PAR.
(2) The PAR shall be generated and recorded by the officer reported upon
electronically in such form as specified in Appendix-I-A, 1-8 and I-C of Schedule Provided that the Central Government may
make such additions in the form or modify the cut-off dates so specified, as may be considered necessary.
(3) In case
of Government servants on deputation, the format of the parent cadre shall prevail for recording of PAR.
(4) The
comments of the reporting, reviewing and accepting authority, in case he is a Government servant, shall be recorded
electronically, as per guidelines issued from time to time for filling the report.
(5) The political executives may
record their comments manually and the PAR so recorded shall be uploaded electronically as per time frame specified in
Appendix-II of Schedule 2.
(6) Accepting Authority is to be an additional level in the channel of recording of PAR in
respect of Group 'A' posts (DS/ Director or equivalent level and above).
(7) The PAR shall be written for such
Government servants who may be on study leave or training in such form as is specified in the Appendix-III / Appendix-IV of
Schedule 2.
6. Reporting of PAR.-
(1) The PAR shall be generated by Custodian and written by the officer
reported upon electronically.
(2) The reporting authority shall record his remarks on the report, within the timeframe specified in the Appendix-II of
Schedule 2. Provided that a report may not be written in such cases as may be specified by the Central Government, by
general or special order;
(3) Where more than one report is written for an officer reported upon during the course of a financial year, each such
report shall indicate the period to which it pertains: Provided that only one report shall be written on a Government
servant for a particular period during the course of the financial year and there shall be a single reporting, reviewing
and accepting authority at each level of appraisal which shall be specified, in the channel for writing PAR, by the
Government.Provided further that if more than one person of the same superior level supervises the performance of the
Government servant, the administrative Ministry/ Department shall identify the reporting officer / reviewing officer /
accepting authority, as the case may be, who has/have supervised substantial work of the officer reported upon, during the
period of report, well in advance of the relevant appraisal year.
Provided, further, that if the officer reported upon occupies more than one post, the Government shall identify the post
(substantive or additional charge) to report, review and accept, well in advance of the relevant assessment year.
(4) Where the reporting authority has not supervised the performance of a Government servant for a minimum period of three
months, but the reviewing authority has supervised the performance of Government servant for a minimum period of three
months during the period for which report is to be written, the reviewing authority shall write the report of any such
officer for any such period.
(5) Where, both the reporting authority and the reviewing authority have not supervised the performance of the Government
servant for a minimum period of three months and the accepting authority, if any, has supervised the performance for a
minimum period of three months, the accepting authority shall write the report of such officer for such period.
(6) Where the officer reported upon has not worked under a Reporting Officer, a Reviewing Officer and an Accepting
Authority, for a minimum period of three months, he shall mandatorily submit a self-appraisal and thereafter the Custodian
shall place 'No Report Certificate (NRC)' in the dossier for such period;
(7) Where the officer reported upon has been sanctioned leave (all kinds of leave as are admissible under rules governing
leave) for a period of more than 15 days at a stretch, the period of leave so sanctioned shall be deducted from the total
period spent on the post, for the purpose of computing the minimum period of three months required for recording, reviewing
and acceptance of Report.
(8) A PAR shall also be written when either the officer reported upon or the reporting authority, who is a government
servant, relinquishes charge of the post on transfer/deputation etc., and, in such a case, the report shall be written
within the time frame as specified in Appendix-II of Schedule 2 of the Rules for completion of PAR.
7. Review of the PAR-
(1) The reviewing authority shall record his remarks on the report, within the timeframe specified in the Appendix-II of
Schedule 2.
(2) Where the report is written by the reviewing authority under sub-rule (4) of rule 6, or where the reviewing authority
has not supervised the work for a minimum period of three months, and the Accepting authority, if any, has supervised the
performance of the Government servant for a minimum period of three months during the period for which the report is
written, the accepting authority shall review the report of any such officer for such period within the time frame
specified in the Appendix-II of Schedule-2.
(3) It shall not be competent for the reviewing authority, or the accepting authority, to review any such report unless the
performance of the Government servant has been supervised by such authority for a minimum period of three months during the
period for which the report has been written.
Provided further that where for a reporting period more than one
officer has supervised the work as reviewing authority, the Reviewing Authority, who has last supervised the work of the
officer reported upon for a minimum period of three months during the relevant period of the report may review the entire
report but the assessment may be limited to the work for the period he has supervised.
(4) Where the officer reported upon has not worked under a Reviewing Authority, if any, for a minimum period of three
months and there is no provision of accepting the report by an accepting authority, a 'No Review Certificate" (NRC) stating
that the work of the officer reported upon has not been supervised by any officer in the capacity of a Reviewing Officer
during the period, may be placed in the Dossier;
8. Acceptance of the PAR -
(1) The accepting authority, if any, shall within the timeframe specified in Appendix-II of Schedule 2, record his remarks
on the PAR and may accept it, with such modifications as may be considered necessary, and countersign the report:Provided
that where the accepting authority has not seen the performance of the Government servant for a minimum period of three
months during the period for which the report has been written, it shall not be necessary for the accepting authority to
accept any such report and an entry to this effect in the form of a 'No Acceptance Certificate' shall be made in the
PAR.
Provided further that where for a reporting period more than one officer has supervised the work as accepting authority,
the Accepting Authority, who has last supervised the work of the officer reported upon for a minimum period of three months
during the relevant period of the report may accept the entire report but the assessment may be limited to the work for the
period he has supervised.
(2) Notwithstanding anything contained in rule 6 or rule 7, where the accepting authority writes or reviews the PAR of a
Government servant, it shall not be necessary to review or accept any such report.
9. Restriction on reporting, reviewing and accepting authorities in certain cases:
Not with standing anything contained in rules 6, 7 and 8, it shall not be competent for the reporting authority, the
reviewing authority or the accepting authority to write a report -
(a) Where the reporting authority is a Government servant, who has retired, superannuated or resigned the post, after one
month of such retirement, superannuation or resignation;
(b) In other cases, after one month of the date on which he demits office.
Explanation. - F or the purpose of this
rule-
(a) "a Minister" shall not be deemed as having demitted the office if he continues to be a Minister in the Council of
Ministers with a different portfolio or in the Council of Ministers immediately reconstituted after the previous Council of
Ministers of which he was a Minister with the same or a different portfolio, provided the Prime Minister continues in
office.
(b) "a Minister" shall be deemed to have demitted the office where pursuant to fresh elections, a new
Council of Ministers has been reconstituted, even if the Minister who was in the earlier Council of Ministers, finds a
place in the new Council of Ministers with the same or different portfolio.
10. Recording of entries within prescribed time limits:- Where the officer reported upon fails to submit
his self-appraisal within the prescribed time, the reporting authority shall record remarks without self-appraisal. A
certificate to the effect that self-appraisal was not submitted by the officer reported upon within the prescribed time,
shall be placed along with the report by the Custodian. In case the remarks are not recorded by the Reporting Authority
within the stipulated time, he shall forfeit his right to enter any remark in the Report. Similarly, the Reviewing
Authority and the Accepting Authority shall also forfeit their right to record any remark in the Report beyond the
prescribed time-limit.
Provided if the officer reported upon has submitted the self-appraisal within prescribed time, the report containing the
self-appraisal, together with a certificate to the effect that the Reporting/Reviewing/Accepting authority, as the case may
be, has/have not recorded the remarks within the prescribed time limit shall be placed in the dossier and the officer may
be assessed on the basis of the overall record and self-appraisal for the year, if he has submitted self-appraisal on time.
11. Recording of entries relating to integrity of the officer reported upon: - The reporting, reviewing
and accepting authority while recording the entries regarding integrity of officer reported upon shall keep in view the
guidelines for filling up integrity column, issued from time to time.
12. Treating the PAR as non-est.-The PAR not recorded in terms of the provisions of these Rules and
instructions issued there under shall be treated as non-est.
13. Communication of the PAR to the Central Government. - The report shall be obtained by the CCA if the
Government servant is serving in connection with the affairs of the State or local body or autonomous body or public sector
enterprise on deputation, shortterm contract or any other kind of attachment:
Provided that if the PAR is written in a language other than Hindi or English, it shall be accompanied by an authentic
certified translation in Hindi or English.
14. Disclosure of PAR to the officer reported upon and procedure for representation -
(1) After
finalization, the full report including the overall grading and appraisal of integrity shall be disclosed electronically to
the officer reported upon by the Custodian within the time limit prescribed in Appendix-II of Schedule 2, to enable him to
submit his representation, if any.
Provided that where a Government servant has only one supervisory level above him, as in the case of personal staff
attached to officers, such disclosure shall be made after the reporting authority has recorded his remarks, within the time
limit prescribed in Appendix-II of Schedule 2.
(2) The officer reported upon, on disclosure of the report, shall have the opportunity to give representation, if any, to
the competent authority through the Custodian, within fifteen days of the receipt of the Report.
Provided further
that no representation shall be accepted from the officer reported upon if such representation is not within the
stipulated time of fifteen days, except where the officer reported upon is rendered immobilized on medical grounds.
(3) The representation, if any, shall be restricted to the specific factual observations contained in the Report leading to
the appraisal of the officer in terms of attributes, work output and competency and grading.
(4) The competent authority to decide the representation received in terms of sub-rule (1) & (2) above, relating to
overall grading or entry/entries in the PAR, shall within fifteen days of the receipt of the representation, forward or
cause to be forwarded the same, to the Accepting, Reviewing and Reporting authorities and call for their comments on the
representation.
(5) The reporting authority shall, within fifteen days of receipt of the representation, forward the representation, along
with his comments to the reviewing authority. The Reviewing authority shall forward the representation along with views of
the reporting authority and his comments to the accepting authority within fifteen days of receipt of the views of the
reporting authority. The accepting authority shall forward the representation along with the comments of the reporting and
reviewing authority and his comments to the competent authority, within 15 days of the receipt of the comments of the
reviewing authority.
(6) The competent authority shall, after obtaining the comments of the Reporting/Reviewing/Accepting authority within the
time limit mentioned in Appendix-II of Schedule 2, including from those who have retired or demitted/ relinquished office
as the case may be, finalise his decision within a period of 30 days as under:-
In the case of representation against overall grading, the said authority may upgrade or downgrade or make no change
in the grading already given and while doing so, shall record sufficient reasons for doing the same.
In the case of representation against entries/remarks, the said authority shall after examination, expunge, modify or
retain the entries/remarks, without altering the overall grading. The authority, while expunging or modifying or retaining
the adverse remarks, shall give reasoned order for doing so, failing which the order shall be treated as invalid and the
report shall be treated as non-est.
In cases involving representation against both overall grading and entries, the said authority shall clearly bring out
the reasons for any upgradation, downgradation or retention of overall grading and also expunction or modification or
retention of entries/ remarks and shall give a reasoned order for doing so, failing which the order shall be treated as
invalid and the report shall be treated as non-est;
The decision of the said authority shall be communicated to the officer reported upon by the Custodian in the form of
reasoned order, within a period of 15 days of the decision.
(7) Authority competent to decide representations where competent authority is below Minister:
The competent authority to decide the representation will be one level higher than the Accepting Authority. Where there
is no Accepting Authority, it shall be one level higher than the Reviewing Authority. Provided that where there are no
Reviewing/Accepting authorities, the authority to decide the representation shall be one level higher than the Reporting
Authority. The competent authority shall forward the representation to the Reporting Authority, Reviewing Authority and the
Accepting Authority, as the case may be, and call for their comments. The comments of the reporting/reviewing/accepting
authority (as the case may be) are required to be sought even if they have superannuated/retired/resigned or demitted
office. In case the comments of reporting / reviewing /accepting authority are not received within the time limit mentioned
in Appendix-II of Schedule 2, it shall be presumed that reporting /reviewing /accepting authority has no comments to
offer.
The competent authority shall consider the representation of the officer reported upon, the comments of the reporting
authority, reviewing authority and the accepting authority and shall finalise the decision within a period of 30 days.
The decision shall be communicated in the form of reasoned order to the officer reported upon by the Custodian within a
period of 15 days of the decision.
(8) Authority competent to decide representations -where competent authority is 'Minister'
(a) where the reporting or reviewing or accepting authority, is a Minister, the competent authority to decide the
representation against any entry/remark as well as the overall grading in the report will be the current Minister. Before
deciding the representation, comments of the Reporting/Reviewing/Accepting Authority shall be obtained, by the Custodian.
The comments of the reporting/reviewing/accepting authority (as the case may be) are required to be sought even if they
have superannuated/retired/resigned or demitted office. In case the comments of reporting / reviewing /accepting authority
are not received within the time limit mentioned in Appendix-II of Schedule 2, it shall be presumed that
reporting/reviewing/accepting authority has no comments to offer.
b) The competent authority shall consider the representation of the officer reported upon, the comments of the reporting
authority, reviewing authority and the accepting authority, if any, and may decide to expunge, modify or retain the remarks
and upgrade, downgrade or retain the overall grading. The competent authority shall finalise the decision within a period
of 30 days from the date of receipt of the representation.
(c) The decision shall be communicated to the officer reported upon through a reasoned order,by Custodian, within a period
of 15 days of the decision.
15. Memorial
If the officer reported upon is not satisfied with the decision on his representation,
he may submit a Memorial to the President within a period of ninety days of the receipt of the decision:
(i) Where
the representation has been decided by an authority below Minister-in-charge of the Ministry/Department where the officer
reported upon worked during the period of report - Memorial shall be decided by Minister-in-Charge;
(ii) Where the
representation has been decided by Minister-in-Charge, the memorial shall be decided by the Minister-in-Charge on the
recommendation of a Committee. The Committee shall be constituted by the Secretary of the Cadre Controlling Authority to
which the officer belongs, and any two other Secretaries who may be nominated by the Minister in charge. The Secretary of
the Cadre Controlling Authority to which the officer belongs shall be the Convenor Member of the Committee.
16. Recording of report in case of suspension
Report shall not be recorded for the period an officer
is under suspension.
17. Applicability of rules and orders- Matters in respect of which no express provision has been made in
these rules shall be determined by rules and orders issued by the Government from time to time.
18. Savings clause: Save as otherwise provided, the provisions of these rules shall not affect
prejudicially anything done or omitted to be done in terms of various instructions issued from time to time prior to the
notification of these rules. Provided that in respect of matters not covered by these rules, the instructions and orders
issued by the Department of Personnel & Training prior to notification of the rules, shall stand.
19. General. -
The Central Government may issue instructions, not inconsistent with the provisions of these rules, or as it may consider
necessary, with regard to the writing of the PARs, the maintenance of dossier and the effect of the PARs on the conditions
of service of a Government servant.
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
(Establishment A-III Desk)
North Block, New Delhi – 11001
Dated: 6 August, 2019
OFFICE MEMORANDUM
Subject: Amendment in Central Civit Services (Conduct) Rules, 1964 regarding acceptance of gifts by Government servants.
The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012:
Before Amendment
After Amendment
Sub-rule (3) of Rule 13
In any other case, a Government servant
shall not accept any gift without the
sanction of the Government, if the value
exceeds –
(i) rupees one thousand Five hundred in
the case of Government servants
holding any Group A’ or Group B’
post; and
(ii) rupees five hundred in the case of
Government servant holding any Group
‘C’ or Group ‘D’ posts.
Sub-rule (3) of Rule 13
In any other case, a Government servant shall not accept any gift
without the sanction of the Government, if the value exceeds –
(i) rupees five thousand in the case of Government servants holding any Group ‘A’ or Group B’ post: and
(ii) rupees two thousand in the case of Government servant holding any Group ‘C’ post.
Sub-rule (4) of Rule 13
Notwithstanding anything contained in sub-rule (2) and (3), a
Government servant, being a member of India delegation or otherwise,
may receive and retain gifts from foreign dignitaries, if the market
value of gifts received on one occasion does not exceed rupees one
thousand. In all other
cases, the acceptance and retention of such
gift shall be regulated by the instructions issued by the Government in
this regard from time to time.
Sub-rule (4) of Rule 13
Notwithstanding anything contained in
sub-rule (21 and (3), a Government servant, being a member of the
Indian delegation or otherwise, D&y receive and retain gifts from
foreign dignitaries in accordance with the
provisions of The Foreign Contribution (Acceptance or Retention of Gifts or
Presentation) Rules, 2012, as amended from time to time.
2. All Ministries/ Departments/ Offices are requested to bring the
above amendments to the notice of all administrative authorities under
their control.
3. Hindi version will follow.
(Satish Kumar)
Under Secretary to the Govt. of India
To
The Secretaries of All Ministries/ Departments
(as per the standard list)
Central Civil Services (Leave Travel Concession) Rules, 1988 -Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar - clarification reg
No. 31011/3/2018-Estt. (A-IV)
Government of India
Ministry of Personnel, public Grievances and Pensions
Department of personnel and Training
Establishment A-IV Desk
North Block, New Delhi-110001
Dated: June 20,2019
OFFICE MEMORANDUM
Subject:- Central Civil Services (Leave Travel Concession) Rules, 1988 -Relaxation to travel by air to visit North East Region, Jammu & Kashmir and Andaman & Nicobar - clarification reg
The undersigned is directed to refer to this Department's O.M. of even no. dated 20.09.2018 regarding the relaxation to travel by air on LTC to visit North-East Region (NER), Jammu & Kashmir (J&K) and Andaman & Nicobar Islands (A&N) and to say that as per para 2(v) of the aforesaid O.M., Government employees non-entitled to travel by air are allowed air travel in Economy class subject to maximum fare limit of LTC-80 fare in the following sectors:
a) Between Kolkata/ Guwahati and any place in NER. b) Between Kolkata/ Chennai/ Visakhapatnam and Port Brair. c) Between Delhi/ Amritsar and any place in J&K.
Journey for these non-entitled.employees from their Headquarters up to Kolkata/ Guwahati/ Chennai/ Visakhapatnam/ Delhi/ Amritsar is to be undertaken as per their entitlement.
2. In this regard, several references / RTI applications are received in this Department seeking clarification regarding settlement of LTC claims where a non-entitled Government employee directly travels by air from his Headquarters to the destination in North-East Region (NER), Jammu & Kashmir (J&K) and Andaman & Nicobar Islands (A&N) as opposed to their entitlement.
3. The matter has been examined in this- Department in consultation with Department of Expenditure. It has been decided that cases of direct air travel by a non-entitled Government on LTC from his Headquarters !o special dispensation the place oi visit in NER/ J&K / A&N under the special dispensation scheme of travel by air as under:
"Entitled class rail fare from the.Headquarters/ place of posting to the nearest relevant railhead (ie. Kolkata/ Guwahati/ Delhi/ Amritsar/ Chennai/ Visakhapatnam) based on the place of visit (in NER / J&K/ A&N) + LTC-80 Economy class air fare from the same railhead to the place of visit in NER / J&K / A&N ); or the actual air fare from the Headquarters to the place of visit, whichever is less."
4. In their application to the staff serving in the Indian Audit and Accounts Department, this order issues after consultation with Comptroller & Auditor General of India.
(Surya Narayan Jha)
Under Secretary to the Govt. of India
To
The Secretaries
All Ministries/ Departments of the Government of India.
(As per the standard list)
Ministry of Personnel, Public Grievances & Pensions
Reversion to old pension scheme
In
accordance with the scheme for National Pension System (NPS), as
notified vide Ministry of Finance (Department of Economic Affairs)’s
Notification No. 5/7/2003-ECB & PR dated 22.12.2003, the System is
mandatory for all new recruits to the Central Government service (except
armed forces) from 01.01.2004.
Accordingly, as per Rule 2 of the
Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003,
these rules are applicable to Government servants appointed to civil
posts on or before 31.12.2003. The date on which the vacancies arose or
the date on which the examination was conducted for filling up the
vacancies is not relevant for deciding the applicability of the Central
Civil Services (Pension) rules, 1972.
Ministry of Home Affairs
have not sought any advice from Department of Pension and Pensioners
Welfare on the question of having a policy to cover the paramilitary
personnel appointed after 01.01.2004 under the Old Pension Scheme on the
ground that the vacancies arose, or the examination was conducted, in
the year 2003. However, a reference was received from Ministry of Home
Affairs in a specific case relating to appointments as Sub-Inspector in
various Central Para Military Forces after selection in August, 2003 on
the basis of an Examination conducted in 2002.
Appointments on the
basis of these selections were made in Central Reserve Police Force in
2003 and the candidates appointed were covered by the pension scheme
under Central Civil Service (Pension) Rules, 1972. However, in the
Border Security Force, offers of appointment on the basis of the same
examination/selection were issued in January, 2004.
On a petition
filed by some personnel appointed in the Border Security Force on the
basis of that examination, Hon’ble High Court of Delhi directed to cover
the petitioners under the Central Civil Service (Pension) Rules, 1972
on the grounds of administrative delay on the part of Border Security
Force in making appointments.
The order of Hon'ble High Court of
Delhi was implemented by the Ministry of Home Affairs/Border Security
Force in view of the peculiar circumstances of that case. The decision
taken in that case is, however, not relevant for deciding applicability
of Central Civil Service (Pension) Rules to all appointments made on or
after 01.01.2004 in the Central Para Military Forces or in any other
Department/organization on the basis of year of examination/selection.
This
information was provided by the Union Minister of State (Independent
Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel,
Public Grievances & Pensions, Atomic Energy and Space, DrJitendra
Singh in written reply to a question in Rajya Sabha today.
Recommendations of 7th Central Pay Commission- bunching of
stages in the revised pay structure under Central Civil Services
(Revised Pay) Rules, 2016.
No. A-60015/1/2016/MF.CGA(A)/NGE/7th CPC/480
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts
Mahalelkha Niyantrak Bhawan
E Block, GPO Complex, INA
New Delhi-110023
Dated: 10th August, 2017
OFFICE MEMORANDUM
Sub: Recommendations
of 7th Central Pay Commission- bunching of stages in the revised pay
structure under Central Civil Services (Revised Pay) Rules, 2016.
Attention
is hereby invited to this Office OM of even number dated 23 rd
February, 2017 on the subject cited above vide which the pay details of
Shri Babu Balram Jee, AAO, CPWD, lBBZ-l, Malda M/o Urban Development
were made available so that benefit of bunching may be extended to
eligible AAOs in adherence to the Department of Expenditure OM No.
1-6/2016-IC dated 7th September, 2016.
Further, Implementation
Cell, 7th CPC, Department of Expenditure, Ministry of Finance has issued
clarifications in this regard vide OM No.1-6/2016-IC dated 3rd August,
2017 (copy enclosed).
All respective accounting units of
Ministries/ Departments concerned are advised to review all cases
wherein benefit on account of bunching has been extended in terms of
this office OM dated 23rd February, 2017 and in adherence to DoE OM No.
1-6/2016-lC dated 7th September, 2016 and to re-fix the pay in terms of
Implementation Cell, 7th CPC, Department of Expenditure, Ministry of
Finance OM No.1-6/2016-lC dated 3 rd August, 2017.
Accordingly,
clarifications sought in this regard from various accounting units of
Ministries/Departments concerned may be treated as disposed of.
This issues with the approval of the competent authority.
Encl: As above.
(S. K. Gupta)
Sr. Accounts Officer
To
1. All Pr. CCAs/CCAs/CAs of the Ministries/ Departments concerned
2. The Dy. Controller General of Accounts (Admn.), O/o CGA, New Delhi.
3. ITD Section is requested to upload the aforesaid OM. on the official website of the CGA.
Recommendations of 7th Central Pay Commission- bunching of
stages in the revised pay structure under Central Civil Services
(Revised Pay) Rules, 2016.
No. A-60015/1/2016/MF.CGA(A)/NGE/7th CPC/480
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts
Mahalelkha Niyantrak Bhawan
E Block, GPO Complex, INA
New Delhi-110023
Dated: 10th August, 2017
OFFICE MEMORANDUM
Sub: Recommendations
of 7th Central Pay Commission- bunching of stages in the revised pay
structure under Central Civil Services (Revised Pay) Rules, 2016.
Attention
is hereby invited to this Office OM of even number dated 23 rd
February, 2017 on the subject cited above vide which the pay details of
Shri Babu Balram Jee, AAO, CPWD, lBBZ-l, Malda M/o Urban Development
were made available so that benefit of bunching may be extended to
eligible AAOs in adherence to the Department of Expenditure OM No.
1-6/2016-IC dated 7th September, 2016.
Further, Implementation
Cell, 7th CPC, Department of Expenditure, Ministry of Finance has issued
clarifications in this regard vide OM No.1-6/2016-IC dated 3rd August,
2017 (copy enclosed).
All respective accounting units of
Ministries/ Departments concerned are advised to review all cases
wherein benefit on account of bunching has been extended in terms of
this office OM dated 23rd February, 2017 and in adherence to DoE OM No.
1-6/2016-lC dated 7th September, 2016 and to re-fix the pay in terms of
Implementation Cell, 7th CPC, Department of Expenditure, Ministry of
Finance OM No.1-6/2016-lC dated 3 rd August, 2017.
Accordingly,
clarifications sought in this regard from various accounting units of
Ministries/Departments concerned may be treated as disposed of.
This issues with the approval of the competent authority.
Encl: As above.
(S. K. Gupta)
Sr. Accounts Officer
To
1. All Pr. CCAs/CCAs/CAs of the Ministries/ Departments concerned
2. The Dy. Controller General of Accounts (Admn.), O/o CGA, New Delhi.
3. ITD Section is requested to upload the aforesaid OM. on the official website of the CGA.
7th CPC Pay Fixation: Bunching of stages in revised
structure - Fin Min issues OM with clarification in details
for implementation.
No.1-6/2016-IC
Government of India
Ministry of Finance
Department of Expenditure
Implementation Cell, 7th CPC
North Block, New Delhi,
3rd August, 2017
OFFICE MEMORANDUM
Subject: Recommendations of the 7th Central Pay Commission
(CPC) - bunching of stages in the revised pay structure under
Central Civil Services (Revised Pay) Rules, 2016.
With reference to the subject mentioned above and in
continuation of this Department's OM of even number dated
07.09.2016 and 13.06.2017, detailed instructions are hereby
being issued on the application of the benefit on account of
bunching of stages while fixing the pay in the revised pay
structure as a response to a large number of references
received from Ministries/Departments.
2. The provisions giving effect to the recommendations of the
7th CPC on extending the benefit on account of bunching were
notified vide DoE OM. dated 07.09.2016. Benefits on account
of bunching have been extended during the initial fixation of
pay in the revised pay structure while implementing the
recommendations of earlier CPCs also. Bunching occurs in the
fixation of pay when the pay at two or more consecutive
stages in a Pay Scale/ Grade Pay in the pre revised scale get
fixed at the same stage in the corresponding Pay Scale/ Level
in the revised pay structure.
3. The modalities of determining the extent of bunching and
the nature of benefits to be extended on account thereof,
based on the recommendations of the CPCs, have differed
across different Pay Commission periods. While the 5th CPC
recommended that benefits be extended when more than four
stages get bunched, the 6th CPC recommended that benefits be
extended when two or more stages get bunched. The fitment
tables drawn by the 6th CPC and notified by the Government
subsequently provided for the benefit of bunching only when
more than two stages were bunched. As regards the benefits to
be extended on account of bunching, the 5th CPC recommended
benefit of one increment for every four consecutive stages
bunched, the 6th CPC recommended benefit of one increment for
every two consecutive pay stages bunched. For HAG scales,
however, benefit of one increment was given at each of the
pay stages in the 6th CPC pay structure.
4. In terms of the DoE OM. dated 07.09.2016 based on the 7th
CPC recommendations, bunching occurs when two or more stages
get bunched and benefit of one increment is to be given for
every two stages bunched. These provisions are to be applied
while revising the pay from the 6th CPC regime to the 7th CPC
regime. In the 6th CPC pay structure, about 35 pay scales
existing in the 5th CPC pay structure were replaced by a
system of running pay bands recommended by the 6th CPC. The
6th CPC pay structure consisted of 19 grades spread across
four distinct pay bands and 4 distinct scales including two
fixed scales. The 6th pay structure being replaced by the 7th
CPC recommended Pay Matrix, thus, consists of 4 Pay Bands
with 15 levels of Grade Pay, along with 4 standalone scales,
viz., HAG scale, HAG+ scale, Apex scale (fixed) and the scale
of Cabinet Secretary (fixed).
5. While in the 5th CPC structure, the stages in every pay
scale were well defined, the stages were not well defined in
the 6th CPC structure. The pay was to be fixed in the running
Pay Band by rounding off to the next higher multiple of 10.
Every multiple of 10 was a pay stage in the 6th CPC regime.
However, all consecutive 10 rupee stages for any Grade Pay
cannot be taken as consecutive stages for the purpose of
bunching in reference to the 7th CPC recommendations as is
also clear from the illustration contained in para 5.1.37 of
the 7th CPC Report. Based on the illustration contained in
para 5.1.37 of the 7th CPC Report, Department of
Expenditure’s OM. dated 07.09.2016 provided that a difference
of at least 3%, the rate of annual increment, in the 6th CPC
pay structure was essential for counting of two stages. The
6th CPC had replaced the system of equidistant pay stages in
a pay scale based on equal annual increments in the 5th CPC
regime by a system of annual increment of 3% on the sum of
pay in the running pay band and the Grade Pay which was to be
added to the running pay as increment. Therefore, the pay
stages in any given Grade Pay were specific to an employee
and depended upon the initial fixation of pay in that Grade
Pay. As a result, the amount of increment earned in the same
Grade Pay would differ in the same Pay Scale/ Grade Pay not
only between different employees but also across years for
the same employee. To illustrate, an employee whose pay was
fixed at Rs 46,100 in GP of 8700 in PB-4 would have the first
annual increment of Rs 1390 which would be added to his
running pay in the Pay Band, another employee whose pay
initially was fixed at Rs 46,400 in the same Grade Pay would
have the first annual increment of Rs 1400. In such a
scenario where the pay stages are specific to the employee,
it is not possible to arrive at universal pay stages for the
purpose of determining the extent of bunching. Therefore, for
the purpose of determining the extent of bunching in a system
of running pay bands, the consecutive pay stages that need to
be considered are the pay stages which are specific to the
employee.
6. In the 5th CPC structure, the maximum and the minimum of
every pay scale were well defined. In the 6th CPC structure,
Entry Pay was separately notified for most Grade Pay levels
to govern the entry pay of direct recruits in that level. The
pay of those moving from a lower grade to a higher one on
promotion was regulated in terms of provisions contained in
Rule 13 of CCS (RP) Rules, 2008. As such, the Entry Pay
notified for a given Pay Scale/ Grade Pay is the effective
minimum of that Grade Pay for direct recruits. For an
employee getting promoted, the sum of the minimum of the
relevant Pay Band and the Grade Pay is the effective minimum
pay. The 7th CPC, in its Report, has commented that this led
to many situations where direct recruits drew higher pay as
compared to personnel who reached that stage through
promotion. Demands were received by the 7th CPC from many
staff associations and employees for removal of this
disparity which the 7th CPC refers to as differential entry
pay.
7. In the revised dispensation for pay fixation in the New
Pay Structure as recommended by the 7th CPC, direct recruits
shall start at the minimum pay corresponding to the level to
which recruitment is made, which will be the first cell of
each level. For those promoted from the previous level, the
fixation of pay in the new level will depend on the pay they
were already drawing in the previous level. The pay, however,
cannot be less than the first stage of the relevant level.
While enumerating the benefits of migrating to the new system
at para 5.1.47 of the 7th CPC Report, it has been stated that
‘the issue of differential entry pay has been resolved’. At
para 5.1.36 of the 7th CPC Report it has also been mentioned
that rationalization has been done with utmost care to ensure
minimum bunching at most levels. Rationalization has been
done by the 7th CPC through the Index of Rationalisation
(IoR) which has been multiplied with the Entry Pay in the 6th
CPC regime to arrive at the first cell of each level. With
the Entry Pay along with IOR being used as the determiner of
the first cell, pay stages below the Entry Pay have been
consciously brought up to the level of Entry Pay and its
corresponding pay stage in the revised pay structure. As a
result, all pay stages below the Entry Pay in any Level will,
on re-fixation, converge to the first pay stage in that
level. As this convergence takes place on account of a
conscious decision of the 7th CPC intrinsic to the
architecture of the Pay Matrix by indicating the Entry Pay as
the starting point of each Level, benefit on account of
bunching cannot be extended with reference to pay stages
lower than the Entry Pay indicated by the 7th CPC for that
level in the Pay Matrix. Extending the benefit of bunching
with reference to pay stages below the entry pay will
perpetuate the difference in pay on account of differential
Entry Pay which was addressed by the 7th CPC.
8. Based on the above, it is clarified that the following
shall be kept in view while determining the extent of
bunching as also the benefits to be extended on account of
bunching at the time of initial fixation of pay in the 7th
CPC pay structure:
(i) Benefit on account of bunching is to be extended when two
or more stages get bunched.
(ii) Benefit of one increment is to be extended on account of
bunching of every two consecutive stages.
(iii) As stipulated in MoF OM dated 07.09.2016, a difference
of 3% to be reckoned for determination of consecutive pay
stages, specific to each employee.
(iv) All pay stages lower than the Entry Pay in the 6th CPC
pay structure as indicated in the Pay Matrix contained in the
7th CPC Report are not to be taken into account for
determining the extent of bunching.
9. All Ministries/ Departments are advised to review all
cases wherein benefit on account of bunching has been
extended in terms of this Department's OM dated 07.09.2016
and to re-fix the pay in terms of the instructions contained
herein.
F. No. 11012/5/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi — 110001
Dated August 2, 2016
OFFICE MEMORANDUM
Subject: Central
Civil Services (Classification, Control and Appeal) Rules 1965 –
Guidelines regarding prevention of sexual harassment of women at the
workplace – regarding
Undersigned is directed to say that
following enactment of the Sexual Harassment of Women at Workplace
(Prevention, Prohibition and Redressal) Act, 2013 [SHWW (PPR) Act] and
notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW (PPR) Rules]
on 09.12.2013, the Government notified the amendments to Central Civil
Services (Conduct) Rules 1964 and Central Civil Services
(Classification, Control and Appeal) Rules, 1965. The amendments and
other salient features of the Act/ Rules was brought to the notice of
all concerned vide Office Memorandum No. 11013/02/ 2014-Estt.A-III dated
27.11.2014.
2. Section 18 (1) of the SHWW(PPR) Act, 2013 provides
that any person aggrieved with the recommendations made under
sub-section (2) of section 13 or under clause (i) or clause (ii) of
sub-section (3) of section 13 or sub-section (1) or sub-section (2) of
section 14 or section 17 or non-implementation of such recommendations
may prefer an appeal to the court or tribunal in accordance with
provisions of the service rules applicable to said person or where no
such service rules exist then, without prejudice to the provisions
contained in any other law for the time being in force, the person
aggrieved may prefer an appeal in such manner as may be prescribed.
3. In accordance with Section 18(i) of the SHWW (PPR) Act, 2013, it has
been decided that in all cases of allegations of sexual harassment, the
following procedure may be adopted:
Where a Complaint Committee
has not recommended any action against the employee against whom the
allegation have been made in a case involving allegations of sexual
harassment, the Disciplinary Authority shall supply a copy of the Report
of the Complaint Committee to the complainant and shall consider her
representation, if any submitted, before coming to a final conclusion.
The representation shall be deemed to be an appeal under section 18(i)
of the Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
4. All Ministries/ Departments/Offices are
requested to bring the above guidelines to the notice of all
Disciplinary Authorities under their control. All cases, where final
orders have not been issued may be processed as per these guidelines.
No.11012/05/2015-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi-110 001
Dated : 14th July, 2016
OFFICE MEMORANDUM
Subject: Central
Civil Services (Classification, Control and Appeal) Rules, 1965- Advice
of the Union Public Service Commission (UPSC) to be communicated to the
delinquent Government servant — when a penalty is set
aside-clarification
Undersigned is directed to refer to
the Department of Personnel and Training OM No. F. No.
11012/8/2011-Estt.(A) dated the 19 th November, 2014 on the above
subject and to say that Hon'ble Supreme Court had in Union Of India
& Ors vs S.KKapoor, 2011 (4) SCC 589 decided that where the report
of the Union Public Service Commission is relied upon by the
Disciplinary Authority, then a copy of the same must be supplied in
advance to the concerned employee.
3. Representations received
from Government servants against penalty in such cases may be dealt with
in the following manner. Cases decided before the date of
this judgement, i.e., 16th March, 2011 need not be reopened. In cases
decided after 16th March, 2011, where a penalty was imposed after
relying upon the advice of UPSC, but where a copy of such advice was not
given to the Charged Officer before the decision, the penalty may be
set aside and inquiry taken up from the stage of supply of copy of the
advice of UPSC.
4. In cases where a penalty of dismissal, removal
or compulsory retirement has been imposed, the Charged Officer, if he
has not reached the age of superannuation, shall be deemed to be under
suspension from the date of original penalty as per rule 10(4) of CCS
(CCA) Rules, 1965.
5. Cases where the Government servant has retired
shall be dealt with as per rule 69 of CCS (Pension) Rules, 1972. In the
cases of any other penalties, only the penalty will be set aside, but
no consequential benefits like arrears of pay shall be allowed. This
will be decided by the Competent Authority after conclusion of the
further inquiry. Similarly, in a case where a penalty of recovery has
been imposed, if the recovery is being made in installments, the
recovery shall be suspended pending finalisation of the further
inquiry. No refund of the recovery already effected will be made.
Whether the money already recovered has to be refunded will depend on
the decision of the Disciplinary Authority. Where a penalty of
withholding of increments has been imposed, if a withheld increment has
become due, the same may be released. There is no question of release of
any arrears till finalisation of the proceedings.
6. Hindi Version follows.
(Mukesh Chaturvedi)
Director (E)
To
All Ministries/ Departments of the Government of India.
