[25th
October 2024] In exercise of the powers conferred
under article 309 of the Constitution of India, the Governor of Bihar is
pleased to make the following rules to regulate the recruitment and other
service conditions of the posts of "Clerical Cadre" in the
Agriculture Department, Bihar, Patna:- (i)
These rules may be called the Bihar Agriculture
Departmental Clerical Cadre (Recruitment, Promotion and Service Conditions)
Rules, 2024. (ii)
It shall extend to the whole of the State of
Bihar. (iii)
These rules shall come into force from the
date of publication of the notification in the official gazette. (iv) These
rules will be applicable to the entire Agriculture Department except the
personnel/offices covered under Bihar Secretariat Clerical Service Rules, 2006
(as amended from time to time) issued by the General Administration Department. In these rules, unless the context
otherwise requires:- (i)
"Government" means the Government
of Bihar. (ii)
"Appointing Authority" /
"Disciplinary Authority" means the Additional Chief
Secretary/Principal Secretary/Secretary, Agriculture Department, Bihar, Patna. (iii)
"Competent Authority" means the
Additional Chief Secretary/Principal Secretary/Secretary, Agriculture
Department, Bihar, Patna. (iv)
"Department" means the Agriculture
Department of the Government of Bihar. (v)
"Cadre" means the Bihar Agriculture
Departmental Clerical Cadre. (vi)
"Commission" means the Bihar Staff
Selection Commission. (vii)
"Member" means a person appointed
to the cadre and entitled to the office of the member under these Rules, all
persons appointed to the cadre before the formation of the cadre. (viii)
"Appointment on compassionate
grounds" means appointment on compassionate grounds of any one of the
dependents of the Government servants who died in service as per the relevant
circulars/instructions. (ix)
"Year" means the financial year,
that is, the period from 1st April to 31st March. (x)
"Vacancy" means the vacancy arising
in the service in a particular year due to creationof new posts in the service,
retirement, death, removal from service and dismissal. (xi) "Specified/Due
Date" means the date on which these rules come into force date. (a) Bihar
Agriculture Departmental Clerical Cadre will be a state level cadre, whose
cadre structure will be as follows:- Sl.No. Category Name Rank Level Status i Lower Division clerk Basic Grade Non Gazetted ii Upper Division Clerk First Promotion Level Non Gazetted iii Head clerk Second Promotion Level Non Gazetted iv Assistant Administrative Officer Third Promotion Level Non Gazetted (b)
The sanctioned strength of the above posts
will be the same as approved by the government from time to time. The basic
category post of this cadre will be lower division clerk and the first
promotion post will be upper division clerk, the second promotion post will be
head clerk and the third promotion post will be assistant administrative
officer. (c)
The Grade Pay/Pay Level of the above posts
will be the same as prescribed by the State Government from time to time to be
approved by. (d) The
employees regularly appointed and working before the appointed date are members
of this cadre will be considered automatically included in the post of
equivalent level. The provisions of
reservation/roster notified by the State Government from time to time will be
applicable in appointment/promotion in the service or cadre. (i)
Appointment
shall be made in the basic category of Lower Division Clerk by the Appointing
Authority on the recommendation of the Bihar Staff Selection Commission. (ii)
The
Appointing Authority shall calculate the vacancies on the basis of 1st April of
every year and send the requisition to the Commission by 30th April of every
year. (iii)
85% of the
posts of Lower Division Clerk will be filled by direct recruitment and 15% of
the posts will be filled by promotion from deserving Office Attendant/
Attendant (Special) having Intermediate qualification as per seniority. It will
be compulsory for the employee promoted to the post of Lower Division Clerk to
pass the Hindi noting drafting test and departmental test for next increment
after first increment. (iv)
The
provisions made by the Government from time to time regarding compassionate
appointment will also be applicable. The dependents of such Government servants
who died during service may be considered for appointment on compassionate
grounds against the vacant posts available for direct recruitment on fulfilling
the required criteria for which the recommendation of the Commission will not
be required. However, after appointment of
dependents of Government servants who died during service, requisition for the
remaining vacancies of each calendar year shall be sent to the Commission by
December of that calendar year. (v)
The
requisition of vacancy by the appointing authority shall be duly sent to the
Bihar Staff Selection Commission and the Bihar Staff Selection Commission shall
publish the advertisement of the vacancies and after selecting the successful
candidates on the basis of competitive examination shall recommend the names of
the candidates in the merit order to the concerned appointing authority. The
validity of the merit list shall be one year from the date of receipt of the
recommendation. (vi)
After due
scrutiny, the appointing authority shall appoint the candidates on probation
for a period of one year. (a)
The minimum
educational qualification for Lower Division Clerk shall be passing the
Intermediate or its equivalent with knowledge of computer operation and
computer typing. (b)
The minimum
age for recruitment shall be 18 years and the maximum age shall be as
determined by the State Government (General Administration Department) from
time to time. (i)
The mutual
seniority of the members of the cadre shall be at the state level and the
mutual seniority decided before coming into force of these rules shall be
changed and covered by these rules. (ii)
The seniority
among the employees appointed by direct recruitment on the basis of competitive
examination shall be in the order of merit determined by the Commission, but
provided that the employees appointed on compassionate grounds shall be junior
to those employees who have been appointed on the basis of competitive
examination in the recruitment year, provided also that any recruitment
year,the seniority of the employees in that cadre shall be the promoted
personnel will be senior to the personnel appointed through competitive
examination in the respective recruitment year. (iii)
Number of
employees automatically included any hierarchy of the cadre on the appointed
date mutual seniority will be determined on the basis of their date of
promotion to the respective hierarchy. If the date of promotion is same, then
seniority will be determined on the basis of their date of first appointment in
the cadre and if the date of first appointment is also same, then seniority
will be determined on the basis of their age on the appointed date. Government servants appointed
through direct recruitment on the basis of the Commissions recommendation will
be on probation for 01 (one) year. If the service is not satisfactory during
the probation period, it can be extended for 01 (one) more year. If the service
is not satisfactory even during the extended period, the service can be
terminated. The government is free to decide
from time to time to provide training to lower Division clerks. Based on the
decision taken by the government, it will be compulsory for the clerk to
undergo training. If any examination is fixed at the end of the training, then it
will be compulsory to pass it. The Government may, from time to
time, determine departmental examination and syllabus- (a)
Departmental
examination will be conducted by the Revenue Board. It will be compulsory to
pass the departmental examination prescribed by the Revenue Board for the
clerical cadre. (b)
Employees who
have passed the departmental examination conducted by the Agriculture
Department before coming into effect of these rules shall be exempted from the
departmental examination conducted by the Revenue Board. Service will be confirmed after
passing Hindi noting drafting test and departmental examination conducted by
the Revenue Board. (a)
The posts of
Upper Division Clerk shall be filled by promotion in seniority order from the
employees working in Lower Division Clerk who fulfill all the eligibility
criteria after passing the departmental examination and the posts of Head Clerk
may be filled from the employees working in Upper Division Clerk on the
principle of seniority-cum-merit. The said promotion may be done on the
recommendation of the departmental promotion committee. (b)
Promotion
from basic category to higher category may be given on the recommendation of
Departmental Promotion Committee on the basis of seniority-cum-merit after
completion of the period (Kalawadhi) as determined from time to time by General
Administration Department, Bihar. (c)
For promotion
in the State Government services by the General Administration Department
Reservation provisions as prescribed from time to time will be applicable. (d)
The seniority
among the employees appointed on the recommendation of Bihar Staff Selection
Commission and those appointed after promotion from the lower post in the same
calendar year shall be prepared on the basis of the criteria decided by the
General Administration Department. The Departmental Promotion
Committee shall be constituted by the Appointing Authority under the
Chairmanship of the Appointing Authority in the light of instructions of the
Government. In cases where specific provision
could not be made in these rules, the employees of this cadre will be covered by
the provision made for employees of equivalent level in the State Government. (i)
The
Additional Chief Secretary/Principal Secretary/Secretary, Agriculture
Department, Bihar, Patna shall be competent to interpret the rules of these
rules for which consultation with General Administration Department/Law
Department/Finance Department shall be done as and when required. (ii)
The
Department can resolve any difficulty in implementing any ruleof these rules by
publishing appropriate order in the Gazette. (iii)
Regarding the
subjects or points which are not provided in these rules the provisions made by
the Government in the Code/Rules/Resolution/ Instructions in force for the time
being in respect of employees of equivalent level shall be deemed to be
applicable in respect of this service. (i)
From the date
of notification of these rules, all rules issued earlier for the clerical cadre
by all the offices of the Agriculture Department shall be deemed to be
repealed. (ii)
All
circulars/instructions/resolutions issued earlier regarding appointment/
service conditions of the personnel of this cadre shall be deemed to be
repealed hereby. (iii)
Notwithstanding
the aforesaid repeal, anything done or any action taken under any
circular/instruction/resolution issued earlier, shall be deemed to have been
done or taken under these rules, as if these rules were in force on the day on
which such thing was done or such action was taken.Bihar Agriculture Departmental Clerical Cadre
(Recruitment, Promotion And Service Conditions) Rules, 2024
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