Latest DoPT Orders 2022

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
New Delhi, the 19th October, 2022

G.S.R. 156. – In exercise of the powers conferred by proviso to article 309 and clause (5) of article 148 of
the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:

Central Secretariat Service Amendment Rules 2022 – DoPT

1. Short title and commencement: – (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022.
   (2) They shall come into force on the date of their publication in the Official Gazette.
   
2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965, in rule 10, in sub-rule (7), for the proviso, the following provisos shall be substituted, namely: –
   
   “Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under detention and in such case the ninety days’ Period shall be computed from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later:
   
   Provided further that in a case where no charge sheet is issued under these rules, the total period under suspension or deemed suspension, as the case may be, including any extended period in terms of sub-rule (6) shall not exceed, –

• (a) two hundred seventy days from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (a) of sub-rule (1); or
• (b) two years from the date of order of suspension, if the Government servant is placed under suspension in terms of clause (aa) or clause (b) of sub-rule (1) as the case may be; or
• (c) two years from the date the Government servant detained in custody is released or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later, in the case of deemed suspension under sub-rule (2).”.

[F. No. 1 1012/04/2016 -Estt.A-III]
MANOJ KUMAR DWIVEDI, Jt. Secy.

Note: The principal rules were published in the Gazette of India vide notification number SO. 3703, dated the 20th November, 1965 and last amended vide notification number G.S.R. 125 (E) dated the 18th February, 2021 published in the Gazette of India.

Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2022 PDF

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MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 18th February, 2021

G.S.R. 125(E). – In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:-

1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2021.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Schedule to the Central Civil Services ( CCS Classification, Control and Appeal) Rules, 1965,- (i) in Part II, for serial number 33 and the entries relating thereto, the following shall be substituted, namely:

Serial No. 1 “33

Description of Service 2: All Group ‘B’ posts of the Departmentalised Accounts Offices of the Government of India.

Appointing Authority 3: Chief Controller of Accounts or Joint Controller General of Accounts in case of a Ministry or Department where there is no Chief Controller of Accounts

(ii) in Part III, against serial number 4, for item (iv) and the entries relating thereto, the following shall be substituted, namely:-

Serial No. 1 “iv

Description of Service 2: All Group ‘C’ posts of the Departmentalised Accounts offices of the Government of India..

Appointing Authority 3: Controller of Accounts or Deputy Controller General of Accounts in case of a Ministry or Department where there is no Controller of Accounts

(iii) in Part IV, against serial number 1, item (iv) and the entries relating thereto, shall be omitted.

[F. No.11012/12/2018-Estt. (A-III)]
SATYAJIT MISHRA, Jt. Secy.

Note: The principal rules were published in the Gazette of India vide notification number S.O. 3703, dated the 20th November, 1965 and subsequently amended vide notification numbers:-

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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

Read also: DoPT Order: Recording of the Annual Performance Appraisal Report (APAR) for the 2017 – 18 financial year for CSS officers

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.

Check Latest DoPT Orders 2019

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.

Source: DoPT

The post Performance Appraisal Report draft circular of Central Civil Services Rules, 2019 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F. No. 11013 / 02 / 2019-Estt.A-III
Government of India
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:

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)

Source: DoPT

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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)

Source: DoPT

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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.

PIB

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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.

Source: MoF/CGA

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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.

 

Source: DoE.gov.in

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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.

5. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

DoPT Order

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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.

DoPT Order

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