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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.
All India Services (Performance Appraisal Report)
Amendment Rules, 2017: Notification dated 15.06.2017
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 15th June, 2017
G.S.R. 596(E).-In
exercise of the powers conferred by sub-section (I) of
section 3 of the
All India Services Act, 1951 (61 of 1951), the Central
Government.
after consultation with the State Governments, hereby makes
the
following rules further to amend the All India Services
(Performance
Appraisal Report) Rules, 2007, namely:-
1. (1) These rules may be called the All India Services
(Performance Appraisal Report) Amendment Rules, 2017.
(2) They shall come into force on the date of their
publication in the Official Gazette.
2.
In the All India Services (Performance Appraisal Report)
Rules, 2007
(hereinafter referred to as the said rules), in rule 2, after
clause
(b). the following clause shall be inserted, namely:-
"(ba)
"competent authority" means the authority as mentioned in
sub-rules (7A)
and (7B) of rule 9 to decide the representation of the
officer reported
upon against performance appraisal report disclosed to the
member of
Service".
3. In the said rules, after rule 4, the following rule shall
be inserted, namely:-
"4A
(I) The performance appraisal report shall be generated and
written by
the officer reported upon electronically in the form as
specified in
Schedule 2.
(2) The comments of the reporting, reviewing and
accepting authority shall be recorded electronically in case
he is a
government servant.
(3) The political executives may record their
comments manually and the performance appraisal report so
recorded shall
be uploaded electronically as per time frame specified in
Schedule 2:
Provided
that in certain cases, with the approval of the Government
and for
reasons to be recorded in writing, performance appraisal
report may be
generated and written manually by the officer reported upon
and any of
the reporting authorities, that is, reporting or reviewing or
accepting
authority as per the guidelines specified by the Central
Government from
time to time Provided further that prior approval of the Central
Government in consultation with Department of Personnel and
Training
shall be taken in cases where permanent exemption from
electronic filing
of performance appraisal report is sought on the grounds of
national
security, etc. for a particular class of posts".
4. In the said rules, in rule 5,-
(i) for sub-rule (2). the following sub-rule shall be
substituted, namely
"(2)
Subject to the provisions of sub-rule (4). a performance
appraisal
report shall also be written when either the reporting or
reviewing or
accepting authority who is a government servant or the member
of the
Service reported upon relinquishes charge (other than
retirement) of the
post, and, in such a case, the report shall be written
within the time
frame as specified in Schedule 2 for completion of
performance appraisal
report in paragraph 9 of general guidelines for filling of
the
performance appraisal report form."
(ii) for the first and second provisos to sub rule (3). the
following provisos shall be substituted. namely
"Provided
that only one report shall be written on a member of the
Service for a
particular period during the course of the financial year:
Provided further that if the member of Service occupies more
than one post, the Government shall identify the post
(substantive or additional charge) to report or review, well
in advance of the relevant assessment year."
(iii) after sub-rule (3), the following sub-rule shall be
inserted, namely:-
"(3A)
In general one person shall write the performance appraisal
reports in
the capacity of reporting, reviewing or accepting authority
for a given
period of time
Provided that if more than one person supervises
the performance of the member of Service for a given period
of time. the
Government shall identify the persons to report or review
well in advance of the relevant assessment year."
(iv) sub-rule (7) shall be omitted.
5. In the said rules, in rule 6, sub-rule (4) shall be
omitted.
6. In the said rules, in rule 7, sub-rule (2) shall be
omitted.
7. In the said rules, after rule 7, the following rules shall
be inserted, namely:
"7A. Restriction on reporting authority, etc. in certain
cases.
- Notwithstanding anything contained in rules 5, 6 and 7, it
shall not
be competent for the reporting authority, reviewing authority
or
accepting authority to write a performance appraisal report
where the
authority reporting the performance appraisal report is a
government
servant, after one month of his retirement from service; and
in other
cases, after one month of the date on which he demits
office.
Explanation.- For the purposes of this rule,-
(a)
a Minister shall not be deemed to have 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 or
the Chief
Minister, as the case may be, 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.
7B. Treating performance appraisal report as non-est.
- The performance appraisal report, not recorded in terms of
the
provisions of these rules and instructions issued thereunder.
shall be
treated as non-est:
Provided that all the performance appraisal
reports filed manually without approval of the Government to
do so shall
be treated as non-est".
8. In the said rules, in rule 9,
(i) for sub-rule (1), the following sub-rule shall be
substituted, namely:-
"(l)
The full annual performance appraisal report, including the
overall
grade and assessment of integrity, shall be disclosed
electronically to
the officer reported upon, after finalisation by the
accepting authority
except in the cases where it is generated manually, to
enable the
officer reported upon to represent his case."
(ii) for sub-rule (4), the following sub-rule shall be
substituted, namely:
"(4)
The accepting authority shall within fifteen days from the
date of
receipt of comments from the officer reported upon forward
the same to
the reviewing and the reporting authority and call for their
views on
the comments and the comments of reporting and reviewing
authority are
required to be sought even if they have retired or demitted
or
relinquished office, and in case the comments of reporting
and reviewing
authority are not received within fifteen days from the date
of
receipt, it shall be presumed that reporting and reviewing
authority
have no comments to offer."
(iii) for sub-rule (7), the following sub-rules shall be
substituted, namely:
"(7)
If the accepting authority is of a level below the Minister
in the
State or in the Central Government, then the competent
authority to
decide the representation shall be one level higher than the
accepting
authority and in such cases the accepting authority shall
forward the
comments of the officer reported upon along with the views of
the
reporting authority, reviewing authority and his own views to
the
competent authority within fifteen days of receipt of the
views of the
reviewing authority, and the comments of the accepting
authority are
required to be sought even if he has retired or demitted or
relinquished
office.
(7A) The competent authority shall consider the comments
of the officer reported upon, the views of the reporting
authority,
reviewing authority and accepting authority and after due
consideration,
the competent authority may accept them and modify the
performance
appraisal report with a speaking order and the final grading
shall be
communicated to the officer reported upon within fifteen days
of receipt
of the views of the accepting authority.
(7B) If the accepting
authority is the Minister in the State (including the Chief
Minister) or
the Minister in the Centre, then the competent authority to
decide the
representation will be the accepting authority himself and in
such cases
the accepting authority shall consider the comments of the
officer
reported upon, the views of the reporting authority and the
reviewing
authority and after due consideration may accept them and
modify the
performance appraisal report accordingly and the decision and
final
grading shall be communicated to the officer reported upon
within
fifteen days of receipt of the views of the reviewing
authority, and the
comments of the reporting and the reviewing authority are
required to
be sought even if he has retired or demitted or relinquished
office.
(7C)
If the competent authority has not seen the work for the
reporting
period, the representation shall be referred to the Referral
Board."
(iv)
in sub-rule (9). in clause (a), for the words "and the
accepting
authority". the words the accepting authority and the
competent
authority" shall be substituted;
(v) after clause (b) ofsub-rule (9), the following proviso
shall inserted, namely:
"Provided
that where the representation has been sent to the Referral
Board when
the competent authority has not seen the work of the officer
reported
upon, the Referral Board shall consider the representation of
the
officer reported upon in the light of the comments of the
reporting
authority, the reviewing authority and the accepting
authority and
confirm or modify the performance appraisal report. including
the
overall grade and the decision of the Referral Board shall be
in respect
of both factual observations and errors of facts and the
decision of
the Referral Board shall be final and the final grading shall
be
communicated to the officer reported upon within fifteen days
of receipt
of the decision of the Referral Board".
9. In the said rules. for rule 10, the following rule shall
be substituted. namely:-
"10. Memorial against assessment.
- Nothing in these rules shall be deemed to preclude an
officer from
making a memorial within the period of ninety days to the
President on
the performance appraisal report. as provided under rule 25
ofthe All
India Services (Discipline and Appeal) Rules, 1969:
Provided that
in cases where due to unavoidable circumstances it is not
possible to
make a memorial under these rules within the said period of
ninety days,
the competent authority may relax the timeline for
submission of the
memorial.".
[F.No. 11059/01/2016-AIS-III]
RAJESH KUMAR YADAV,
Under Secy. (Services)
Note:
The principal rules were published in the Gazette of India.
vide number
G.S.R. 197(E), dated the 14th March. 2007 and were
subsequently amended
as under:-
(i) G.S.R. 296 (E), dated 16th April, 2007,
(ii) G.S.R. 256 (E). dated 3lst March, 2008,
(iii) Notification No. 11059/06/2010-AIS(III), dated the 22nd
December, 2010.
(iv) Notification No. 11059/03/2012-AIS(III), dated the 19th
February, 2013.
