BIHAR ENGINEERING SERVICE RULES, 1939

Note.-- Officers of the Indian Service of Engineers holding posts in the service will draw pay at the rates sanctioned for the Indian Service of Engineers in the Superior Service Rules, 1924, as amended from time to time by the Secretary of State.

(b)      Pay in the senior scale shall only be drawn by a person who holds a superior post either substantively or as an officiating measure; a holder of an inferior post shall draw pay in the Junior scale.

Rule 22.Date from which pay and service for increments will commence.--

Pay and service for increments shall commence from the date of joining the service. The period of probation will count for increments, but if it is extended on account of failure to give satisfaction no increments shall be drawn during the extended period of probation.

Rule 23.Promotion to Executive Engineer's grade.--

No Assistant Executive Engineer shall be promoted to the rank of Executive Engineer until a vacancy occurs in a superior post and it is decided to fill it by the promotion of a directly recruited officer and he is declared by the Governor to be fit for the charge of a division.

Rule 24.Promotion to administrative grade.--

Promotion to the post of Superintending Engineer and Chief Engineer shall be made by selection and seniority alone shall confer no claim.

Rule 25.Special pay for Under-Secretary to Government.--

The Under-Secretary to Government shall receive a special pay at the rate Rs. 200 a month or such amount as may be fixed by the Governor in addition to his substantive pay.

Rule 26.

The initial pay of promoted officer shall be governed in accordance with Appendix 6 of the Bihar Service Code.

Rule 27.Seniority.--

Seniority in the service shall be determined by the date of the officer's substantive appointment to the Service irrespective of the pay drawn by him provided that a member of the service who holds an inferior post substantively. The seniority of officers appointed on the same date shall be determined according to the order of merit in which they were placed at the time of their selection for appointment.

Rule 28.Leave pensions, etc.--

The Rules framed from time to time governing the leave, pension, travelling allowance and other conditions of services relating to officers of the provincial services in Bihar shall apply to the members of the service in so far as they are not inconsistent with these Rules.

Rule 29.Special provisions.--

Subject to the provisions of the Rule 30 the post of Chief Engineer may be filled by the Governor or by an officer of the Indian Service of Engineers or of the Service.

Rule 30.

(1)     So long as an officer of the Indian Service of Engineers is available for the appointment thereto no person who is not a member of the Indian Service of Engineers shall be appointed to any of the following posts in the Service, namely?

(i) ???Chief Engineer;

(ii) ???Deputy Chief Engineer;

(iii) ??Superintending Engineer;

(iv) ??Under-Secretary to Government: except with the approval of the Governor.

(2)     Where by reason of absence on leave or deputation no member of the Indian Service of Engineers is for the time being available for appointment to any of the post to which the provisions for sub-rule (1) apply, the provision to the sub-rule shall be in abeyance until a member of that Service becomes available.

ANNEXURE

List of Engineering degrees from Universities of the United Kingdom and

examination which will be accepted by the Government of

Bihar as qualifying for appointment to the

B. E. S. Class I, (vide Rule 8.)

(1)     Engineering Degrees.

Note.-- The above degrees will be accepted only if taken after three years' study and the passing of the regular examination in the several Universities. The rule requiring three years' study will not, however, apply to Indians, who having taken an Indian Degree which exempts them from part of the University course shall have taken one of the above degrees in less than 3 years in accordance with the regulations of the University concerned.

(2)     A pass in section A and B at the Associate Membership Examination of the Institute of Civil Engineers, or

(3)     Associateship Examination of the City and Guilds Institute (Imperial College of Science and Technology, South Kensington) in Civil Engineering.

Rules to regulate the method of recruitment to the Bihar Engineering Service, Class II, for Public Works Department (Buildings and Roads) and Irrigation Department.

CLASS II

Part I

"Service" means the Bihar Engineering Service, Class II.

"Commission" means the Public Service Commission, Bihar.

1.        The Service shall be recruited?

(i) ???by direct recruitment in accordance with the rules in Part II.

or

(ii) ??by the promotion or transfer of officer already in Government service, permanent or temporary, in accordance with the rules in Part III.

2.        ?The Governor shall decide in each year the number of vacancies in the service to be filled in that year by direct recruitment and by promotion respectively.

Part II

3.        Except under the special order of the Governor, a candidate for appointment to the service must be a citizen of the Indian Union.

4.        A candidate must?

(a)      be of an age not below twenty-three years and not exceeding twentyfive years on the first day of August in the year in which applications are invited:

Provided that the State Government may, in special cases, relax the age-limits :

Provided further that in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes, the upper age-limit shall be twenty-eight years.

Explanation?For the purposes of this Rule, 'Scheduled Castes' and 'Schedule Tribes' shall have the same meaning as in the Constitution of India.

(b)      be of good character;

(c)      be of sound health, good physique and active habits and free from organic defects or bodily infirmity; and

(d)      (i) hold a degree in Civil engineering from an Indian University or ?University or a diploma in Civil Engineering from an Indian Engineering College; or

(ii) be an Associate Member of the Institution of Engineers, India or have passed Section 'A' and 'B' of the Associate Membership Examination of the Institution of Engineers (India) or possess any other educational qualifications recognised by the Institution of Engineers (India) as being equivalent to a pass in Sections 'A' and 'B' of the Associate Membership Examination; or

(iii) hold a University degree or a diploma from a Civil Engineering College in the United Kingdom or be an Associate Member of the Institution of Civil Engineers.

Note.-- Person who hold posts in Government service in a temporary or officiating capacity or on probation are eligible to apply for direct appointment subject to the provisions of this Rule.

Persons who have been confirmed in Government service are not so eligible except that?

(i) ??members of the Subordinate Engineering Service and (ii) members of other services, possessing qualification specified in clause (d) are eligible for appointment by promotion or by transfer in accordance with procedure laid down in Part III of these Rules.

5.        ?(a) The Commission shall announce in such manner as they think fit the number of vacancies in the service to be filled by direct appointment in each year, and shall invite applications from candidates eligible for appointment under Rules 3 and 4.

(c) With his application a candidate must submit true copies duly attested by a Gazetted Officer?

(i) ??of an evidence that he holds one of the educational qualifications referred to in clause (d) of Rule 4;

(ii) ???of certificate of character and conduct from the heads of all the colleges at which he has studied since he passed the Matriculation Examination;

(iii) ?of an evidence, in the form of an acknowledgment form the District Officer of the district in which he ordinarily resides, or in which he claims to be domiciled that he has not later than 14 days before the date fixed under clause (a), requested that officer to report to the Commission before the said date whether his character and antecedents are such as to render him suitable for appointment to the service for which he is a candidate;

Note.-- While requesting the District Officer to furnish a report to the Commission on his character and antecedents, a candidate should furnish as references the name of the two persons who know him in private life and are not near relatives. A candidate must not file written testimonaials and the reference furnished by him should not include College Professors or Principals unless they know candidate at home.

(iv)? ?a certificate of health and fitness from a registered medical practitioner, in the prescribed form;

Note.-- Form of the certificates of health and fitness may be obtained from the Secretary to the Commission.

(v) ??evidence of age which should ordinarily be the true and attested copy of the Matriculation certificate or its equivalent.

6.        The Commission shall consider all applications received and shall interview such candidates as they consider suitable for appointment:

Provided that the Governor may if he thinks fit appoint an Officer to represent the Department. The Officer so appointed shall be present at the interview and shall advise the Commission on the apparent fitness of the candidates with reference to the special qualification required in the Service but he will not be responsibe for the selection of the candidate. If the Commission differs from the advise of the Officer in respect of any candidate, they shall, when submitting their recommendations to Government, state their reasons for so doing.

7.        From among the candidates interviewed, the Commission shall select number of candidates as may be fixed by the Governor.

8.        The Commission shall, while submitting recommendations submit a list of candidates selected by them arranged in order of preference together with their applications. This list shall be submitted by such date in each year as the Governor may direct.

9.        The Commission shall, while submitting recommendations under Rule 9, consider the claims of qualified candidates belonging to the Scheduled Castes, Backward Classes, Backward Tribes and Muhammdans. If the list of nominees submitted under Rule 9 does not contain a reasonable member of candidates belonging to the aforesaid castes, classes, tribes and communities, a supplementary list shall be submitted nominating a sufficient number of such candidates, as in the opinion of the Commission attain the required standard of qualification and are fit for appointment. The Commission shall further state how the candidates on the supplementary list compare with the candidates who are the lowest on the main list submitted under Rule 9.

10.     ?(a) The final selection of candidates shall be made by the Governor from amongst the candidates mentioned in the list submitted by the Commission under Rule 9 or in respect of whom a report has been submitted in accordance with Rule 10.

(b) Every candidate so selected, shall be examined by a Medical Board. A candidate, who fails to satisfy the Board shall not be appointed.

Part III

Promotion of officers already in Government service.

11.     ?(a) The Chief Engineer, shall nominate for appointment to the Service such number of Officers not exceeding one and a half times the number of vacancies to the filled as may be fixed in each year by the Governor. The Officers nominated by the Chief Engineer will be arranged in order of preference.

(b) The Chief Engineer shall send all papers relating to the candidates nominated by him direct to the Commission together with relevant papers of any Officer whose supersession is proposed and shall at the same time submit list of such candidates to the Governor.

12.     The Commission shall advise the Governor in respect of each candidate nominated whether his qualifications are sufficient and whether his record proves him to have the requisite character and ability for the service.

13.     The final selection of Officers to be promoted shall be made by the Governor after considering the recommendations made by the Commission under

General

14.     ?Any attempt on the part of a candidate to enlist support for his application through persons of influence or in any other manner will disqualify him for appointment.

Rules regulating the method of recruitment to the Bihar Public Health Engineering Service, Class II.

Part I

"Service" means the Bihar Public Health Engineering Service. "Commission" means the Public Service Commission, Bihar. I. The Service shall be recruited?

(i) ??by direct recruitment in accordance with the Rules in Part II, or

(ii) ??by the promotion or transfer of officers already in Government service, permanent or temporary, in acordance with the Rules in Part III.

2. ????The Governor shall decide in each year the number of vacancies in the Service to be filled in that year by direct recruitment and by promotion respectively.

Part II

3. ????Except under the special order of the Governor, a candidate for appointment to the Service must be a citizen of the Indian Union.

4. ????A candidate must?

(a)      be of an age not below twenty-three years and not exceeding twenty-five years on the first day of August, in the year in which applications are invited provided that if he satisfies the Commission that he requires no further practical training in Engineering he may be of an age not exceeding twenty-six years on that date:

Provided Government may in special cases relax the age-limit: Provided that in the case of candidates belonging to the Scheduled Castes and Backward Tribes, the upper age-limit shall be under 28 years.

Explanation.--

(i)?? ?For the purposes of this Rule and Rule 10 "Scheduled Castes" shall have the same meaning as in the Government of India (Scheduled Castes) Order, 1936; and

(ii) ?"BackwardTribes" shall have the same meaning as in the Constitution of India.

(b)      be of good character;

(c)      be of sound health, good physique and active habits and free from organic defects or bodily infirmity; and

(d)      ?(i) hold a degree in Civil Engineering from an Indian University or a diploma in Civil Engineering from an Indian Engineering College; or

(ii) be an Associate Member of the Institution of Engineers, India, or have passed Section 'A' and 'B' of the Associate Membership Examination of the Institution of Engineers (India) or posses any other educational qualifications recognized by the Institution of Engineers (India) as being equivalent to a pass in Sections 'A' and 'B' of the Associate Membership Examination; or,

(iiii) hold a degree or a diploma from a Civil Engineering College in the United Kingdom; or

(iv) hold one of the qualification enumerated in Annexure to these Rules.

Persons who hold posts in Government service in a temporary or officiating capacity or on probation are eligible to apply for direct appointment subject to the provisions of this Rule.

Persons who have been confirmed in Government service are not so eligible except that?

(i) ???member of the Subordinate Engineering service and (ii) members of other services, possessing qualifications specified in clause (d), are eligible for appointment by promotion or by transfer in accordance with the procedure laid down in Part III of these Rules.

5. ?????The Commission shall announce in such manner as they think fit the number of vacancies in the Service to be filled by direct appointment in each year, and shall invite applications from candidates eligible for appointment under Rules 3 and 4.

6. ???(a) Every candidate shall submit his application in his own handwriting in the prescribed form to the Secretary to the Commission so as to reach him not later than such date as may be notified by the Commission in this behalf in each year.

Note.-- the prescribed form and a copy of these Rules are obtainable from the ??Secretary to the Commission.

(b) The application shall be accompanied by a Treasury Challan for Rs. 5 as application fee, which will not be refunded. When the fee has been paid on a first application no fee shall be payable on a subsequent application for the Service. The fee of Rs. 5 shall be credited to the Government of Bihar under the head "XXI-Miscellaneous Departments (Provincial)?Examination Fees?Fees realised by the Public Service Commission".

(c) With his application a candidate must submit?

(i) ???evidence that he holds one of the educational qualification referred to in clause (d) of Rule 4;

(ii) ??certificates of character and conduct from the heads of all the college at which he has studied since he passed the Matriculations Examination;

(iii) ?evidence in the form of an acknowledgment from the District Officer of the district in which he ordinarily resides, or in which he claims to be domiciled, that he has, not later than 14 days before the date fixed under clause (a), requested that officer to report to the Commission before the said date whether his character and antecedents are such as to render him suitable for appointment to the service for which he is a candidate;

Note.-- While requesting the District Officer to furnish a report to the Commission on his character an antecedents a candidate should furnish as references the names of two persons who know him in private life and are not near relatives. A candidate must not file written testimonials and the reference furnished by him should not include College Professors or Principals unless they know the candidate at home.

(iv) ??a certificate of health and fitness from a registered medical practitioner, in the prescribed form;

Note.-- Forms of the certificate of health and fitness may be obtained from the Secretary to the Commission.

(v)? ?evidence of age, which should ordinarily be the original Matriculation Certificate;

(vi)? ?if he claims to be eligible for appointment under clause (b) of Rule 3, a certificate of domicile granted by the District Officer of the district in which he claims to be domiciled;

(vii) ?if he claims to be eligible for appointment under clause (c) of Rule 3, evidence to show that he is so qualified; and

(viii) ?the certificate and other documents required should ordinarily be submitted in original. If any certificate or other document required cannot for any reason by submitted in original, a true copy of it may be sent but in that case the copy should bear a certificate from a Gazetted Officer stating (a) that he has seen the original and that the copy is a true copy and 9(b) the reason why the original cannot be sent with the application.

7. ????The Commission shall consider all applications received and shall interview such candidates as they consider suitable for appointment:

Provided that the Governor may if he thinks fit appoint an Officer to represent the Department. The Officer so appointed shall be present at the interview and shall advise the Commission on the apparent fitness of the candidates with references to the special qualifications required in the Service but he will not be responsible for the selection of the candidate. If the Commission differs in from the advise of the Officer in respect of any candidate they shall, when submitting their recommendations to Government, state their reasons for so doing.

8.?? ?From among the candidates interviewed, the Commission shall select such number of candidates as may be fixed by the Governor.

9.???? The Commission shall submit to the Governor a list of candidates selected by them arranged in order of preference together with their applications. This list shall be submitted by such date in each year as the Governor may direct.

10. ?The Commission shall, while submitting recommendation under Rule 9, consider the claims of qualified candidates belonging to the Scheduled Castes, Backward Classes, Backward Tribes and Muhammadans. If the list of nominees submitted under Rule 9 does not contain a reasonable number of candidates as, in the opinion of the Commission attain the required standard of qualifications and are fit for appointment. The Commission shall further state how the candidates on the supplementary list compare with the candidate who is the lowest on the main list submitted under Rule 9.

11. ?(a) The final selection of candidates shall be made by the Governor from amongst the candidates mentioned in the list submitted by the Commission under Rule 9 or in respect of whom a report has been submitted in accordance with Rule 10.

(b) Every candidate so selected shall be examined by a Medical Board. A candidate who fails to satisfy the Board shall not be appointed.

Part III

Promotion of Officers already in Government service.

12. (a) The Chief Engineer shall nominate for appointment to the Service such number of officers not exceeding one and a half times the number of vacancies to be filled as may be fixed in each year by the Governor. The officers nominated by the Chief Engineer will be arranged in order of preference.

(b) The Chief Engineer shall send all papers relating to the candidates nominated by him direct to the Commission togeter with relevant papers of any officer whose supersession is proposed and shall at the same time submit a list of such candidates to the Governor.

13. ?The Commission shall advice the Governor in respect of each candidate nominated whether his qualifications are sufficient and whether his record proves him to have the requisite character and ability for the Service.

14. ?The final selection of Officers to be promoted shall be made by the Governor after considering the recommendations made by the Commission under

GENERAL

15. ?Any attempt on the part of a candidate to enlist support for his application through persons of influence or in any other manner will disqualify him for appointment.

ANNEXURE

[See Rule 4(d) (iv).]

List of Qualification.

1.        Associated Membership of the Institution of Civil Engineers.

2.        Any of the following degrees?

(a) ?The B.A. degree (final Honours School) in Engineering Science of the University of Oxford.

(b) ??The B.Sc. degree in Engineering of the University of Glassgow.

(c) ??The B.Sc. degree in Engineering of the University of Edinburgh.

(d) ??The B.Sc. degree in Engineering of the University of London (either the ordinary or Honours degree for internal students), not the B.Sc. degree in Engineering (Mining) nor the B.Sc. degree in Engineering (Metallurgy).

(e) ??The B.Sc. degree in Civil or Mechanical Engineering of the University of Bristol (Ordinary or Honours degree).

Rules to regulate the method of recruitment to the Bihar Electrical Engineering Service, Class II

CLASS II

Part I

"Service" means the Bihar Electrical Engineering Service. "Commission" means the Public Service Commission, Bihar. I. The service shall be recruited?

(i) by direct recruitment in accordance with the Rules in Part II; or

(ii) by the promotion of officers already in Government service permanent or temporary in accordance with the Rules in Part III.

2.?? ?The Governor shall decide in each year the number of vacancies in the service to be filled in that year by direct recruitment and by promotion respectively.

Part II

Direct appointment.

3. ????Except under the special orders of the Governor, a candidate for appointment to the service must be a citizen of the Indian Union.

4. ?????A candidate must?

(a)      be under twenty-eight years of age on the first day of August, in the year in which his application is made:

Provided Government may in special cases relax the age limit;

(b)      ?be of good character;

(c)      ?be of sound health, good physique and active habits and free from organic defects or bodily infirmity; and

(d)      [i] holds a degree in Mechanical and Electrical Engineering from an Indian University or a diploma in Mechanical and Electrical Engineering from an Indian Engineering College;

[ii] holds a degree or diploma from an Electrical Engineering College in the United Kingdom; or

[iii] holds one of the qualifications enumerated in Annexure I to these Rules;

[iv] 'have had three years' practical experience ortraining in Electrical Engineering with a Company or firm of repute.

5. ????The Commission shall announce in such manner as they think fit the number of vacancies in the service to be filled by direct appointment in each year, and shall invite applications from candidates eligible for appointment under Rules 3 and 4.

6.?? ?(a) Every candidate shall submit his application in his own handwriting in the form in Annexure II annexed to these Rules, to the Secretary to the Commission so as to reach him not later than such date as may be notified by the Commission in this behalf in each year.

(b) The application shall be accompanied by a Treasury challan for Rs. 10 as application fee, which will not be refunded. When the fee has been paid on a first application, no fee will be payable on a subsequent application for the service.

(c) With his application a candidate must submit?

1.       [i] evidence that he holds one of the educational qualifications referred to in clause (d) of Rule 4;

2.       [ii] certificate of character and conduct from the heads of all the Colleges at which he has studied since he passed the Matriculation Examination;

3.       [iii] a report from the District Officer of the District in which he ordinarily resides, or in which he claims to be domiciled, whether his character and antecedents are such as to render him suitable for appointment to the service;

4.       [iv] a certificate of health and fitness from a registered medical practitioner;

5.       [v] evidence of age which should ordinarily be the original Matriculation Certificate; and

6.       [vi] the certificate and other documents required should ordinarily be submitted in original. If any certificate or other document required cannot for any reason be submitted in original, a true copy of it may be sent, but in that case the copy should bear a certificate from a Gazetted Officer stating (a) that he has seen the original and that the copy is a true copy, and (b) the reason why the original cannot be sent with the application.

7. ????The Commission shall consider all applications received and shall interview such candidates as they consider suitable for appointment:

Provided that the Governor may, if he thinks fit, appoint an Officer to represent the Department. The Officer so appointed shall be present at the interview and shall advise the Commission on the apparent fitness of the candadates with reference to the special qualities and qualification required in the service but he will not be responsible for the selection of the candidates.

8. ???From among the candidates interviewed, the Commission shall select candidates whom they consider fit for appointment to the service, and unless the Governor otherwise directs the number of candidates so selected shall ordinarily be three times the number of vacncies to be filled up by direct recruitment in the year in which the selection is made.

9. ???The Commission shall submit to the Governor a list of candidates selected by them together with their applications. This list shall be submitted by such date in each year as the Governor may direct.

10.? ?(a) The Governor may require the Commission to report the names of the best of the candidates belonging to any class or community, in addition to the number of candidates selected under Rule 8.

(b) In submitting a report in accordance with clause (a) of this Rule, the Commission shall state in the case of each candidate who has not been selected by them under Rule 8?

(i) ???whether the candidate is in their opinion fit for appointment to the service; and

(ii) ??to what extent he is inferior to the candidates selected under Rule 8.

11. ?(a) The final selection of candidates shall be made by the Governor from amongst the candidates mentioned in the list submitted by the Commission under Rule 9 or in respect of whom a report has been submitted in accordance with Rule 10.

(b) Every candidate so selected shall be examined by a Medical Board. A candidate who fails to satisfy the Board shall not be appointed.

Part III

Promotion of officers already in Government servive.

12. ?(a) The Chief Engineer shall nominate for appointment to the service such number of officers as may be fixed in the year by the Governor. The Officers nominated by the Chief Engineer will be arranged in order of preference.

(b) The Chief Engineer shall send all papers relating to the candidates nominated by him direct to the Commission and shall at the same time submit a list of such candidates to the Governor.

13. ?The Commission shall advise the Governor in respect of each candidate nominated whether his qualifications are sufficient and whether his record proves him to have the requisite character and ability for the service.

14. ?The final selection of Officers to be promoted shall be made by the Governor after considering the recommendations made by the Commission under

GENERAL

15. ?Any attempt on the part of a candidate to enlist support for his application through persons of influence or in any other manner will disqualify him for appointment.

ANNEXURE

I.

List of examinations which will be accepted by the Governor as qualifying of appointment to the Bihar Electrical Engineering Service, referred to in Rule 4(d).

(1)     The graduateship examination of the Institution of Electrical Engineers.

(2)     The examination for a disploma in engineering (with electrical subjects) of any of the following institutions :?

(a)      The City and Guilds College, Kensington.

(b)      University College, London.

(c)      Kings College, London.

(d)      The City and Guilds of London Institute.

(e)      The Technical College, Finsbury.

(f)       The Royan Technical College, Glassgow.

(g)      The Heriot Watt College, Glassgow.

(h)     The University of Scheffiled.

ANNEXURE

II.

Common Application Form.

Name of the province ...

Post applied for...

Declaration

I declare that the entries made in this form are true to the best of my knowledge and belief.

Signature of candidate.

Date................19.

ANNEXURE

III

Regulations as to the Physical Examination of Candidates for appointment to the Bihar Electrical Engineering Service.

General Physical Requirements

I.         A candidate must be in good mental and bodily health, and free from any physical defect likely to interfere with the efficient performance of his duty.

II.       In the examination of candidates the Medical Board will apply the following table to co-relation of age, height and chest girth :?

III.     Measurement of chest.-- The candidate will be made to stand erect with his feet together and to raise his hands above his head. The tape will be carefully adjusted round the chest, with its posterior upper edge touching the inferior angles of the shoulder blades, and its anterior lower edge the upper part of nipples. The arms will then be lowered to hand loosely by the side, and care will be taken that the shoulders are not thrown upwards or backward so as to displace the tape. The candidate will then be directed to empty his chest of air as much as is possible. This is best done by continuous whistling with the lips as long as sound can be produced. The tape will be carefully gathered in during the process and when the minimum measurement is reached it will be recorded. The candidate will then be directed to inflate his chest to its utmost capacity, the maximum measurement will likewise be noted. The girth with the chest fully expanded and the range recorded. In all doubtful cases the functional capacity of the lungs may be tested by means of the spirometer. The minimum vital capacity as tested by the spirometer shall in no case be below 180 cubic inches.

IV.      The hearing must be good.

V.        The speech must be without impediment.

VI.      the teeth must be in good order, i.e. decayed or broken teeth must be properly stopped or crowned, and deficient teeth replaced by artificial teeth, where necessary, for effective mastication.

VII.    the chest must be well formed, the lungs and heart sound.

VIII.  Rupture, hydrocele varicocele, varicose veins in a severe degree, or other conditions likely to cause inefficiency will disqualify a candidate, unless such condition is cured by operation. Where any candidate has been rejected and has subsequently undergone one or other operation for hernia, hydrocele, varicocele or varicose veins, the Board may pass him provided they are satisfied that the condition has been radically cured.

IX.      The limbs, feet and toes must be well formed and developed, with free and perfect motion of all the joints.

X.        A candidate must have no congenital malformation, or defect likely to interfere with his efficiency.

XI.      A candidate must not be subject to chronic skin disease.

XII.    Evidence of previous acute or chronic disease pointing to an impaired constitution will disqualify.

_________________

Form of Medical certificate for candidates for appointment to the Bihar Electrical Engineering Service. The attention of the Medical Board is specially directed to the following-No person will be deemed qualified for admission to the service who shall not satisfy the Governor that he has no disease, constitutional affection or bodily infirmity unfitting him, or likely to unfit him, for the service. It should be understood that the question of fitness involves the future as well as the present and that one of the main objects of medical examination is to secure continuous effective service, and in the case of candidates for permanent appointment to prevent early pension. It is at the same time to be noted that the question is one of the likelihood of continuous effective service, and that the rejection of a candidate need not be advised on account of the presence of a defect which in only a small proportion of cases is found to interfere with continuous effective service. Before filling up the form it should be ascertained from the candidate whether he has been previously pronounced unfit for Government service by any duly constituted Medical Authority in India or elsewhere.

Signature of candidate in full...........

Height (without shoes)...........

Girth of chest........

Weight..........

We do hereby certify that we have examined.......

a candidate for employment in.........

His age is by his own statement........years and by appearance...........years.

We have had before us the proceeding (s) of the board (s) which examined him in the............

(a)      General conformation...........

(c) ??Teeth ......

(d) ??Hearing ......

(e) ??Lungs ......

(f) ??Heart ......

(g)? ?Liver ......

(h)? ?Spleen ......

(m) ?Distinguishing marks...

We consider that he is of sound health and good physique and capable of bearing fatigue and exposure, and that he is fit to enter the service of Government.

Strike out whichever of these does not apply. We consider him unfit to enter the service of Government on account of...

Name ............

President.

Designation............

Name ...............

Designation...............

Members

Name ...............

Designation...............

Place ...............

Date ............

APPENDIX I

(See Paragraph 8.)

Rule regarding appointments, promotion, etc., applicable to the Bihar Subordinate Engineering Service.

Appointment.

1.        AN permanent appointment to the Bihar Subordinate Engineering Service either by absorption of temporary or work-charged Overseers and Estimators, or by direct recruitment, will be made by the Chief Engineer, provided that, in the case of direct recruitment (permanent or temporary) appointment will be made on the advice of the committee of senior officers constituted for the purpose. The committee will consist of three members including the Chief Engineer who will be nominated by him with the approval of Government in the PublicWorks Department from time to time.

Qualifications Required of Candidates.

2.        A certificate of diploma in the Subordinate Engineering in the respective branches of Engineering from any institution recognised by the State Government for this purpose will be the minimum technical qualifications required.

Probation.

3.        Every person shall, on appointment in a substantive vacancy in the cadre of the Service shall be on probation for a period of one year from the date on which he joins his appointment, provided that in the case of a person, who is appointed from the temporary or work-charged establishment in the department, the Chief Engineer may prescribe a shorter period of probation. Until confirmed every such member of the service shall unless his appointment is terminated, continue to hold his appointment on probation.

4.        In case in which probationers are not confirmed on completion of the period of their probation their increments will be held up until they are confirmed and on confirmation, their pay will be fixed as if the increments had been earned on the due dates but pay at the enhanced rate allowed only from the date of confirmation without payment of arrears.

5.        No member of the service shall be allowed to draw any increment in the time scale of pay of the posts without the orders of the Chief Engineer until he is confirmed.

Withholding of Increments and Passing at the Efficiency Bar and

Promotion to Posts Carrying Higher Scale of Pay in the Cadre.

6.        The withholding of any increment, the passing of the efficiency bar and promotion to post carrying higher scale of pay in the cadre will require the approval and order of the Chief Engineer.

APPENDIX I

I

(See Paragraph II.)

Instruction for preparation and submission of Annual and Confidential Reports on Gazetted Officers and communication of adverse remarks to them.

I. General.

1.        Instructions regarding the exercise of close and continuous attention over the work character and capacity of all officers and the maintenance of a continuous record of their services, have been issued by Government, from time to time. The up-to-date position regarding these instructions is produced in the succeeding paragraphs.

2.        The record is to be written up annually for each financial year and should be in the form prescribed by Government for the prupose (copy appended).

3.        Each report must be complete in itself without a reference to the previous report. It should be written up in a concise manner but at the same time it should indicate clearly and with sufficient completeness, the manner in which the Officer has performed his duties during the year under report, his qualifications, ability, honesty, and integrity and anything else that may be of help to the authority with whom the power of making promotions rests, in forming an opinion on the usefulness and capacity of that Officer, and also his fitness for advancement to the next higher rank.

4.        An officer who has held charge of post of more than six months should, when going on long leave or transfer record remarks on the officers employed under him and these remarks should be incorporated in the annual reports together with the reporting officer's own opinion.

Note.-- No such report need be left by the officer proceeding on leave or transfer if such reports were earlier recorded by him within four months.

5.        Ordinarily no remarks should be recorded on an Officer unless he has worked under the reporting officer for at least four months. In cases where the reporting officer feels that he is in a position to record his opinion on an officer who has served under him for less than four months, he may do so but he should exercise great care, particularly before recording any adverse remarks.

II. Submission of Annual Reports.

6.        The procedure for submission of Annual Reports on Officers of the Engineering Service in the Public Work Department, is indicated below :?

(a)      All annual reports will be recorded on forms prescribed by Government for the purpose. Reports should be prepared in respect of all posts held by an officer in a financial year.

(b)      Annual Reports relating to a financial year should reach Government by the 1st June at the latest.

(c)      Reports on Assistant Engineers shall be recorded by the Executive Engineer concerned and submitted to Government through the Superintending Engineers and the Chief Engineer.

(d)      Report on the Executive Engineers shall be recorded by the Superintending Engineers concerned and submitted to the Chief Engineer for submission to Government after recording his own remarks.

Note.-- The original reports on Executive Engineers and Assistant Engineers will be retained by the Chief Engineer who will only forward copies thereof to Government.

(e)      Reports on the Superintending Engineers will be recorded by the Chief Engineer.

7.        In recording the Annual Reports on Executive Engineers and Assistant Engineers, the reporting officers concerned should carefully observe the instructions printed on the body of the forms.

III. Communication of Adverse Remarks.

8.        (a) Orders of Government shall be obtained on each individual case before communicating adverse remarks to Gazetted Officers. Adverse remarks on the work of officers of the ex-Secretary of State Services should not be communicated without the approval of the Chief Minister and Government will also decide the form in which the remarks are to be communicated.

(b) When a report is built up on the individual opinions recorded by different department superiors, it is only the opinion as accepted by the highest authority which need by considered from the point of view of communication.

(c) All defect remediable as well as irremediable should be communicated to the officers concerned. It is fair that an officer should be made aware of any defect in him to which attention has been drawn in the Annual Report.

(d) When an adverse remark is to be communicated, the substance of the whole report for the year, including favourable and infavourable remarks, should be communicated. Normally commendatory remarks should not be communicated but commendatory remarks following a previous adverse report should also be communicated only to the extent they show any improvement over the defects noticed in the previous year.

sMinor defects may be communicated orally by the Chief Engineer, either directly or through the officers' immediate superior, indicating also the good points in the report. Serious defects should always be communicated to the officers concerned in writing.

(e) While communicating adverse remarks the name and designation of the reporting officer should, under no circumstances, be indicated.

APPENDIX I

V

[See paragraph 56]

 Application for Post Rules

1.        These Rules may be called the Bihar Government Servants' Application for Post Rules, 1951.

2.        An applicant for appointment to a post or service under administrative control of the Government of Bihar shall not be eligible for appointment if he is in the service of the Union or of a State and has applied without the consent of the head of the office or Department of the Government of Bihar or the consent of another State Government or of the Government of India, as the case may be, under whom he is employed, or the consent of any authority empowered in that behalf by any such Government.

3.        Permission to a Government servant employed in a service under the administrative control of the Government of Bihar shall?

(a)      if he is a temporary Government servant ordinarily be granted to submit an application for a post to appear for an examination for a post or for transfer of service to a post, in another office or department, of the Government of Bihar, or under another State Government or the Government of India, if the post applied for is permanent, or is a higher grade, or is a temporary post of longer duration :

Provided that the Head of the office or Department of the Government of Bihar or the authority empowered under Rule 2 may not grant the permission, if in his opinion the grant of permission would not be consistent with the interests of the public service.

(b)      if he is a permanent Government servant?

(i) ??ordinarily be granted for appointment to, or for appearing at a examination for selection for appointment to an All-India Service;

(ii) ??ordinarily be not granted except for very exceptional reasons to be recorded in writing, for appointment to a post or service under another State Government;

(iii) ?ordinarily be not granted to submit an application for a post or for transfer of service to a post in another office or department of the Government of Bihar, unless the Head of the Department or the office or the authority empowered under Rule 2, is of the opinion that the grant of permission would be in the interest of public service: Provided that in the case of a Government servant, who holds a lien on a post under another State Government or under the Government of India but is temporarily employed under the administrative control of the Government of Bihar, the concurrence of the State Government concerned or of the Government of India, as the case may be, shall be obtained before permission is granted.

4.        A Government servant employed under another State Government or under the Government of India shall not be accepted as a candidate for appointment to a post or service under the administrative control of the Government of Bihar save and except with the permission of the Government concerned.

5.        The authority forwarding an application under these Rules will decide, in each case the period likely to be taken for relief of the applicant, after intimation of his appointment has been received.

APPENDIX V

[See paragraph 58.]

Temporary Service Declaration

I do hereby declare that I fully understand that my appointment as a............ in the Public Works Department on a salary of Rupees............a month in the scale of.............is temporary, and that I am on the footing of a monthly servant; that my employment carries with it absolutely no claim whatsoever to pension, and claim to any absentee allowances excepting those conditionally admissible under the Rules in force from time to time and that my pay shall be subject to the general cut that may be in force.

2.1 do also declare that I clearly understand that, with or without notice, my engagement absolutely ceases as soon as the time for which I am engaged expires, or the work for which I have been engaged is finished whichever is earlier and that I shall not be entitled to a month's notice, or to pay in lieu of notice unless I am discharged otherwise than for serious misconduct before the completion of the work or termination of the period for which I am appointed.

3. If I desire to resign my appointment I shall give a month's notice of my intention to do so or forfeit a month's pay in lieu of such notice.

Signature of Appointee.

Station.........

Dated.........