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Union of India - Section

Section 7A in India Service (Performance Appraisal Report) Rules, 2007

7A. [ Restriction on reporting authority, etc. in certain cases. [Inserted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).]

- 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.