Section 5 in India Service (Performance Appraisal Report) Rules, 2007
5. Performance appraisal reports.
(1)A performance appraisal report assessing the performance, character, conduct and qualities of every member of the Service shall be written for each financial year or as may be specified by the Government in the Schedule 2:Provided that a performance appraisal report may not be written in such cases as may be specified by the Central Government, by general or special order:Provided further that if a performance appraisal report for a financial year is not recorded by 31st of 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 assessment for the year, if he has submitted his self-assessment on time.(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.] [Substituted 'Subject to the provisions of sub-rule (4), a performance appraisal report shall also be written when either the reporting or reviewing authority or the member of the Service reported upon relinquishes charge of the post, and, in such a case, it shall be written at the time of the relinquishment or ordinarily within one month of such relinquishment.' by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](3)Where more than one performance appraisal reports are written on a member of the Service 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 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.] [[Substituted '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 and there shall be a single reporting, reviewing and accepting authority at each level of assessment which shall be specified in the channel for writing performance appraisal reports by the concerned Ministries and State Governments and in no circumstances more than one person shall write the performance appraisal reports in the capacity of reporting, reviewing or accepting authority for a given period of time:Provided further that if more than one person of the same superior level supervises the performance of the member of Service, the Government shall identify the person to report or review well in advance of the relevant assessment year.' by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).]](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.] [Inserted by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).](4)Where the reporting authority has not seen, but the reviewing authority has seen the performance of a member of the Service for at least three months during the period for which the performance appraisal report is to be written the reviewing authority shall write the performance appraisal report of any such member for any such period.(5)Where, both the reporting authority and the reviewing authority have not seen and the accepting authority has seen, as referred to in sub-rule (4), the performance of any such member, the accepting authority shall write the performance appraisal of any such member during such period.(6)Where the reporting authority, the reviewing authority and the accepting authority have not seen the performance of a member of the Service for at least three months during the period for which the report is to be written, the Government shall make an entry to that effect in the performance appraisal report for any such period.[* * *] [Omitted '(7) Notwithstanding anything contained in sub-rules (1), (2), (4) and (5), it shall not be competent for the reporting authority, the reviewing authority or the accepting authority to write a performance appraisal report after he demits office where the authority writing the performance appraisal report is not a Government servant.' by Notification No. G.S.R. 596(E), dated 15.6.2017 (w.e.f. 14.3.2007).]Explanation. - For the purposes of this rule, "a Minister" shall not be construed 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 or the Chief Minister, as the case may be, continues in office.
