All India Services (Performance Appraisal Report) Amendment Rules, 2017: Notification

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.

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)

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