BIHAR AYUSH (AYURVEDIC, UNANI AND HOMOEOPATHY) MEDICAL TEACHING SERVICE RULES, 2017

PREAMBLE

In exercise of powers conferred by proviso to Article-309 of the Constitution of India, the Governor of Bihar is pleased to make the following Rules to regulate the appointment and service conditions in AYUSH Teaching service under the Health Department: -

Rule - 1. Short title, extent & commencement.--

(1)     These Rules may be called as the "Bihar AYUSH (Ayurvedic, Unani and Homoeopathy) Medical Teaching service Rules, 2017".

(2)     It will extend to the whole State of Bihar.

(3)     It will come into force at once.

Rule - 2. Definitions.--

Unless otherwise requires in the subject or context, in these Rules.

(i)       'Government' means Government of Bihar;

(ii)      'Department' means Health Department;

(iii)     'Commission' means Bihar Public service Commission;

(iv)    'C.C.I.M.' means Central Council of Indian Medicine;

(v)      'C.C.H.' means Central Council of Homoeopathy;

(vi)    'Medical college' means Ayurvedic/Unani/Homoeopathy Medical college & Hospital established/managed by the State Government.

(vii)   'B.A.M.S.' means Bachelor of Ayurvedic Medicine and Surgery, which is recognized by the C.C.I.M.;

(viii)  'B.U.M.S.' means Bachelor of Unani Medicine and Surgery, which is recognized by the C.C.I.M;

(ix)    'B.H.M.S.' means bachelor of Homoeopathy Medicine and Surgery, which is recognized by the Central Council of Homoeopathy;

(x)      'M.D/M.S' means Postgraduate Degree concerned Ayurvedic/Unani/Homoeopathic system of Medicine" recognized by the C.C.I.M./C.C.H.;

(xi)    'Higher Degree' means any other Higher Degree in addition to Postgraduate Degree, recognized by the C.C.I.M/C.C.H.;

(xii)   'Appendix' means Appendix appended to these Rules;

(xiii)  'Directorate' means AYUSH Directorate;

(xiv)  'B.C.E.C.E. Board' means Bihar Combined Entrance Competitive Examination Board;

(xv)   'Service' means Bihar AYUSH Medical Teaching Service:-

Rule - 3. Constitution of Service.--

(1)     'Bihar AYUSH (Ayurvedic, Unani and Homoeopathy) Medical Teaching Service shall be State level and it shall comprise of following three cadres:-

(a)      Ayurvedic Medical Teaching cadre;

(b)      Unani Medical Teaching cadre; and

(c)      Homoeopathy Medical Teaching cadre.

(2)     The following posts of Ayurvedic/Unani/Homoeopathy Medical Colleges and Directorate of the Department shall be included in the AYUSH Medical Teaching Service:-

(a)      Assistant Professor, (Lecturer)

(b)      Associate Professor, (Reader)

(c)      Professor,

(d)      Principal,

(e)      Any other post to be included by the Government by notification from time to time,

(f)       Such posts of Directorate which will be filled up from AYUSH Medical Teaching Service:-

(i)       (a) Deputy Director (Ayurvedic Medical Education);

(b) ??Deputy Director (Unani Medical Education);

(c) ??Deputy Director (Homoeopathy Medical Education);

(ii)      Additional Director-cum-Examination Controller (Ayush Medical Education);

(iii)     Director (AYUSH Medical Education);

(3)     The posts described in sub-rule (2), which are included in the newly constituted service, may be reconstituted, in view of the criterion determined by C.C.I.M./C.C.H.

Rule - 4. Recruitment in Bihar Ayush Medical Teaching Service.--

(1)     The category of Assistant Professor shall be basic category of this service and the regular entry shall be on the post of Assistant Professor under the conditions and criterion determined by the Government, from time to time. The Government shall take action for the appointment in conformity with Appendix-1 of these Rules from the panel prepared by the Commission.

(2)     The Government shall strictly follow the provisions of Appendix-1 to fill up the vacancies as per the panel determined by Commission for specified time period keeping in view the legal validity of the panel.

(3)     Eligibility.-

(1)     Essential Qualification.-

Educational Qualifications will be the Postgraduate Degree in the specified subjects which is recognised by C.C.I.M/C.C.H. for the appointment to the post of Assistant Professor:

Provided that the candidates having Postgraduate Degree in equivalent allied specified subjects, as notified by C.C.I.M. shall also be eligible for the appointment to the post of Assistant Professor in Ayurvedic/Unani colleges.

Provided further that the following will be the minimum educational qualifications for the appointment to the post of Assistant Professor in Homoeopathic colleges:-

(a)      Subject-Organon of Medicine, Homoeopathic Materia Medica, Homoeopathic Pharmacy, Repertory-M.D. (Homoeopathic) qualification in concerned subjects, which are recognised by C.C.H. shall be essential.

(b)      Subject-Anatomy, Physiology, Pathology, Forensic medicine and Toxicology, Surgery, Obstetrics & Gynecology, Practice of medicine and Community Medicine-Either M.D. (Homoeopathic) qualification or M.B.B.S. Degree from any recognized university alongwith postgraduate degree in concerned subjects which is recognised by "Medical Council of India.

(c)      Preferential Qualifications Work experience as R.M.O. &/or House physician of attached Hospital with Homoeopathic Colleges which are recognised by C.C.H./the Union Government.

(2)     The minimum age-limit for the appointment to the post of Assistant Professor shall be 27 years and the maximum age-limit shall be 45 years for unreserved category, 48 years for backward class/extremely backward class, 48 years for women (unreserved, backward class and extremely backward class) and 50 years for scheduled castes/scheduled tribes. The maximum age limit for doctors working in the Bihar State AYUSH Medical Service shall be 50 years.

Rule - 5. Probation Period.--

After appointment, Assistant Professor shall be on probation. The probation period shall be of two years, which will be extended for one year with reasons to be recorded in writing the service not satisfactory in the period of one year, concerned probationer the service may be terminated from the on finding service. During probation period, it will be compulsory for the Assistant Professors to have treasury training.

Rule - 6. Confirmation.--

The service of Assistant Professors may be confirmed on being satisfactory service in the probation period and passing of Departmental Examinations and after obtaining treasury training. The Departmental Examination will be taken by the Central Examination Committee (Board of Revenue).

Rule - 7. Promotion.--

It shall be necessary to have minimum 5 (five) years teaching experience of the post of Assistant Professor for regular promotion from Assistant Professor to the post of Associate Professor. For regular Promotion from the post of Associate Professor to the post of Professor, It shall be necessary to have 5 years teaching experience of the post of Associate Professor, i.e. a Minimum of 10(ten) years teaching experience. Regular Promotions form the post of Assistant professor to professor to the post of Associate Professor and from the Associate Professor to Professor will be given on the basis of the principle of seniority-cum-merit and teaching experience etc. in accordance with mandatory Rules of the C.C.I.M./C.C.H. subject to the availability of the vacancies. The post graduate degree qualification shall also be essential for all promotional posts. Those having higher Degree as defined in Rule 2(XI) will be given preference.

Rule - 8.

(1)     In case of immediate exigency or non availability of eligible Medical Teachers for appointment/promotion, the Government may make direct recruitment to the posts of Associate Professor and Professor by outsourcing within the limit of 33 percent, on the recommendation of the Commission. The Government shall have powers to reduce/increase this limit in view of the availability/non availability. The qualifications for appointment by outsourcing to the posts of Associate Professor and Professor shall be in conformity with the criterion of the C.C.I.M./C.C.H. Weightage will be given to the medical teaching work experience in the government sector in this appointment.

(2)     Not with standing such provision, in case of immediate exigency or non availability of eligible Medical Teachers for appointment/Promotion, the appointment may be made on the basis of contract by the Government for a limited period by outsourcing to the aforesaid posts. The government may determine the necessary procedure for this according to the provisions prescribed by the General Administration Department as amended from time to time as per necessity.

(3)     Those teaching officers who are absorbed and working in the teaching cadre from non-teaching cadre of Desi Chikitsa in accordance with Rules, before the date of issue of these Rules will automatically be included in the teaching cadre.

Rule - 9. Principal.--

Appointment to this post will be made from amongst the Professors, on the basis of their seniority cum merit of the post of Professor, according to the prescribed procedure. The Principal shall have overall control the Medical college, for which the Department may issue the directions, from time to time.

Rule - 10. Deputy Director.--

The post of Principal and Deputy Director shall be the posts of the same grade pay. Appointment to the post of Deputy Director will be made from amongst the Professors, on the basis of their seniority of the post of professor.

Rule - 11. Director/Additional Director-Cum-examination controller.--

Appointment to this post will be made from amongst the Principal/Deputy Director/Professor on the basis of seniority.

Rule - 12.

Other Rules/instructions relating to the Promotion, for the time being enforced in the Government, shall also apply.

Rule - 13. Departmental Promotion Committee.--

(1)     Regular promotions to the higher posts shall be considerable on the basis of recommendation of the Departmental Promotion Committee. The structure of the Departmental Promotion Committee shall be the same as may be prescribed by the Government, from time to time.

(2)     For promotions to these teaching posts, authority of academic work in accordance with the guidelines determined by the C.C.I.M./C.C.H. and directed by the Government, from time to time, will be essential in addition to the usual requirements.

Rule - 14. Reservation.--

It shall be necessary to comply the Reservation Act of the Government and reservation roster for direct recruitment and promotion issued by the Government, from time to time.

Rule - 15.

(1)     The Doctor Teacher already appointed/promoted and working on the posts mentioned in rule-3 before coming into force of these Rules, shall be deemed to be automatically included in this cadre. The Doctor Teachers already appointed/promoted and working on the posts of Lecturer, Reader and Professor shall be known by the designation of Assistant Professor, Associate Professor and Professor respectively.

(2)     Such Doctor Teachers already appointed/promoted and working who do not possess qualification prescribed under these Rules, will remain on the posts held by them, but promotion to these posts will not be admissible to them.

Rule - 16. Seniority.--

The inter se seniority of Assistant Professors shall be separately maintained according to Speciality subjects. The inter-se seniority of such promoted professors, who have been promoted on the same date in their respective subject, will be determined on the basis of their seniority of the post of Associate Professor and similarly the inter-se-seniority of Associate Professor will be determined on the basis of their seniority of the post of Assistant Professor. The determination of inter-se-seniority will be based on the period of teaching experience. The inter se seniority on the post of Assistant Professor will be determined according to the calculation of experience of the post of Lecturer, Reader or other teaching posts and the merit list prepared by the Commission.

Rule - 17. Residue matter.--

For the subjects, which have not been provided in these Rules, provisions of concerned codes/Rules/Resolutions/Instructions of the Government shall apply.

Rule - 18. Interpretation.--

If any doubt arises with respect to interpretation of any provision of these Rules, it shall be referred to the department and in this respect decision of the department, after consultation with the Law Department, shall be final.

Rule - 19. Removal of difficulties.--

If any difficulty arises in implementation of provisions of these Rules, the Department may remove such difficulty, after consultation with Finance Department, General Administration Department and Law Department, by special or general order, which is not inconsistent with the provisions of these Rules.

Rule - 20. Repeal & Saving.--

(1)     The Resolution Orders, Instruction, etc issued earlier, from time to time, by the Department, with respect to this service, are hereby repealed.

(2)     Not withstanding such repeal, any work done or any action taken under aforesaid Resolutions, Orders, Instructing, etc, shall be deemed to be done or taken under these Rules, as if these Rules were in force on the date on which such a work was done or such an action was taken.

APPENDIX - 1

CRITERION FOR APPOINTMENT OF ASSISTANT PROFESSOR IN AYURVEDIC/UNANI/HOMOEOPATHY MEDICAL COLLEGES

1-       The post of Assistant Professor is the first permanent teaching post, therefore selection for this is to be made very carefully.

2-       (a) Essential Qualification:-The Degree of B.A.M.S./B.U.M.S./B.H.M.S. from any recognized university which is included in the schedule of C.C.I.M./C.C.H. New Delhi.

(b)?? ?Postgraduate Degree in concerned/equivalent allied specified subjects as notified by C.C.I.M and included in the schedule of C.C.I.M/C.C.H. but candidates have working experience as R.M.O. and/or House physician in attached hospitals with Homoeopathy Colleges, recognized by C.C.N./Govt. of India shall be preferred for recruitment on the post of Assistant Professor.

Note. 1-The recruitment on post of Assistant Professor in Homoeopathy college shall be done as follows in the following subjects:-

(a)      Subject-Organon of Medicine, Homoeopathic Materia Medica, Homoeopathic Pharmacy, Reparatory--M.D. (Homeopathic) qualifications in concerned subject, as approved by C.C.H., shall be essential.

(b)      Subject-Anatomy, Physiology, Pathology, Forensic medicine and Toxicology, Surgery, Obstetrics & Gynecology, Practice of medicine and Community Medicine-Either M.D. (Homoeopathic) qualification or M.B.B.S. Degree from any recognized university alongwith postgraduate degree in concerned subject approved by "Medical Council of India".

3-       Candidates will be allotted valuation marks as indicated below for determining their comparative merits:-

(a)      Aggregate of marks obtained at the three B.A.M.S./B.U.M.S./B.H.M.S. university Examinations.

4-       To be eligible for appointment as an Assistant Professor, Candidate should have necessary to obtain 25 (twenty five) marks.