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Circulation of draft Central Civil Services (Performance Appraisal Report) Rules, 2019

Circulation of draft Central Civil Services (Performance Appraisal Report) Rules, 2019 – seeking comments of Ministries/Department – DOPT

No.21011/01/2017-Estt.A-II
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 [email protected]

(Jayashree Chellamani)
Under Secretary to the Govt. of India

Tel: 23040468

Email : [email protected]

To

All Ministries / Departments of the Government of India
(As per standard list)

Copy to:-

  1. President’s Secretariat, New Delhi
  2. Vice-President Secretariat, New Delhi
  3. The Prime Minister’s Office, New Delhi
  4. Cabinet Secretariat, New Delhi
  5. Rajya Sabha Secretariat /Lok Sabha Secretariat, New Delhi
  6. The Registrar General, Supreme Court of India, New Delhi I
  7. The Registrar, Central Administrative Tribunal, Principal Bench, New Delhi.
  8. The Secretary, Union Public Service Commission, New Delhi
  9. The Secretary, Staff Selection Commission, New Delhi
  10. All the attached offices under the Ministry of Personnel, Public Grievances & Pension
  11. National Commission for Scheduled Castes, New Delhi
  12. National Commission for Scheduled Tribes, New Delhi
  13. National Commission for OBCs, New Delhi
  14. Secretary, National Council (JCM), 13, Ferozeshah Road, New Delhi
  15. ADG(M&C), Press Information Bureau, DoP&T, North Block, New Delhi.
  16. NIC (DoP&T) with the request to place the above O.M. along with its enclosures on the website of this Department on the homepage under ‘What’s New’ for two weeks from the date of the O.M.

Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

D R A F T

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 7th 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 31st 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;

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