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.
RAKESH SUKUL
Source:
Dopt.gov.in PDF
