BIHAR FINANCIAL ADMINISTRATION SERVICE RULES, 2020

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Bihar hereby make the following rules to regulate the mode of recruitment and conditions of service of the Bihar Financial Administration Service.

Rule - 1. Short title, extend and commencement.

(1)     These rules may be called the Bihar Financial Administration Service Rules, 2020.

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

(3)     It shall come into force from the date of its publication in official Gazette.

Rule - 2. Definitions.

In these rules, unless the context requires otherwise:-

(i)       'Government' means the Government of Bihar;

(ii)      'Governor' means the Governor of Bihar;

(iii)     'Department' means Department of Finance, Government of Bihar;

(iv)    'Head of Department' means commissioner (Financial Administration), Department of Finance;

(v)      'Commission' means the Bihar Public Service Commission;

(vi)    'State' means State of Bihar;

(vii)   'Service' means Bihar Financial Administration Service;

(viii)  'Member of the Service' means a person who has been appointed under this service on any post in substantive or temporary capacity under the provision of this Rules/prior Rules and this includes persons who have been appointed and working under rule 4 of this Act;

(ix)    'Government Service' means Service under the Government of Bihar;

(x)      'Cadre' means the sanctioned strength of service as a separate unit;

(xi)    'Schedule' means schedule annexed with these rules.

Rule - 3. Constitution of the service.

(i)       This cadre shall be, under the administrative control of Finance Department, a state level gazetted service. The post of Commissioner (Financial Administration) and Director shall be ex-cadre post which shall be filled by General Administration Department. Head of Department shall be Commissioner (Financial Administration).

(ii)      There will be mainly 4 sections of this cadre:- Treasury and Accounts Directorate, Provident fund Directorate, Departmental Finance cell and District Finance cell. List of posts under different levels of this cadre is annexed as schedule-I.

(iii)     Cadre posts of each grade under sub rule (ii) shall be filled by cadre officers. In case of non-availability of an officer in the cadre at any level, officers of Bihar Finance Service, Bihar Administrative Service, Bihar Audit Service, Accountant General Office or any organised Account Service of Government of India may be posted against the vacant posts on deputation for a particular period.

(iv)    Deputation of cadre officers- cadre officers can be-

(a)      Deputed/Posted in any of the department of the Government.

(b)      Deputed in a company fully or partially owned or controlled by the Government, Association, Body, Nagar Nigam, Local Body, Board, Committee, University etc.

But the cadre officers shall not be deputed to any post, the highest of pay scale of which, is less than, the pay being drawn by the officer against the post held by him under the cadre.

(v)      Government shall, from time to time, determine the cadre strength and may create additional posts under this cadre.

(vi)    Pay scale of the cadre posts shall be same as determined by the Finance Department, Government of Bihar from time to time.

Rule - 4. Sources of recruitment.

Recruitment on the posts of basic grade shall be done in the following manner:-

(i)       Direct Recruitment:-

Vacancies can be filled by direct recruitment on the recommendation of the commission on the basis of vacancies available in the basic grade as on 01 April in a calendar year.

(ii)      Recruitment by Adjustment:-

Officer's of the National Savings Service, under the control of Finance Department, who are in the Pay Scale of the basic grade of this Service shall be adjusted in the basic grade of Financial administration service.

Rule - 5. Reservation.

Reservation and Roster rules prescribed by the General Administrative Department shall be followed in recruitment.

Rule - 6. Determination of Vacancies.

Department shall determine the number of posts for each reservation category as on 1st April of every calendar year and shall send requisition to the Commission on 30th of every April.

Rule - 7. Filling of Vacancies.

(i)       Commission shall determine the required process regarding inviting of application, conduct of examination and making of recommendation as it thinks fit. It will be essential for candidates for appointment to the basic grade of this service to have bachelor's degree in Commerce, Economics, Mathematics or Statistics from a recognised University or an Institution affiliated to it.

(ii)      Examination to fill up the vacancies shall be conducted by the Commission and the age limit, minimum eligibility, syllabus and procedure will be same as prescribed for Combined Competitive Examination.

(iii)     Recommendation of Candidates by the Commission:-

Commission shall prepare a merit list on the basis of marks obtained in written and viva-voce examination of Combined Competitive Examination. Commission shall recommend, reservation category wise, from the merit list, that many number of candidates as per the requisition of vacancies made by the State Government.

Rule - 8. Seniority.

(i)       The inter-se Seniority of the direct recruits shall be determined in accordance with the merit list prepared by the Commission.

(ii)      Seniority on the posts of promotion of this Service shall be determined on the basis of chronology of the promotion order.

Rule - 9. Probation.

(i)       Every officer, appointed to the basic grade of the Service, shall be on probation for a period of two years from the date of joining.

(ii)      Probation period shall be extended for a year if work or Conduct is not found satisfactory. Service shall be terminated if the work or Conduct is not found Satisfactory even during the extended period.

Rule - 10. Departmental Exam.

Every officer appointed through direct recruitment shall have to pass the prescribed departmental examination. The subject, syllabus, process and conduct of departmental examination shall be determined by Central Examination Council (???), Board of Revenue, Bihar.

Rule - 11. Training.

Every officer appointed in this Service shall undergo an intensive training in various stages and shall be liable to be sent on training within or outside the state for such period as the State Government may determine. Programme, Sector, Place, Stages of training will be prescribed by the Department of Finance Government of Bihar.

Rule - 12. Confirmation.

On Completion of the probation period, an officer shall be confirmed, only, When he has under gone the training as prescribed in Rule-11 and passed the prescribed departmental examination and if the government considers him fit for Confirmation. Service shall be confirmed on the date of passing the Departmental Examination or Completion of probation period, whichever is later.

Rule - 13. Pay/Annual Increment.

The pay scale for the officer of this Service will be determined by the Government from time to time. First increment will become due after passing the departmental Hindi examination. Second and Subsequent annual increment will become due after passing the Departmental Examination and Confirmation of Service.

Rule - 14. Promotion.

(i)       No officer shall be considered for promotion unless he is confirmed in this Services.

(ii)      Promotion of Officers of Bihar Financial Administration Service from basic grade to higher posts shall be done on the basis of merit-cum-seniority on the recommendation of Departmental Promotion Committee.

(iii)     Departmental Promotion Committee shall be Constituted by the Department through a separate order.

(iv)    Time period for promotion to different higher posts shall be same as has been determined by government (General Administration Department) from time to time.

(v)      Resolution/circular/notification issued from time to time by General Administration Department shall be adhered to in respect of promotion.

(vi)    Vacancies, at different levels in Bihar Financial Administration Service, shall be determined by taking into account the deputation reserve posts.

Rule - 15. Power of relaxation.

Any provisions of these rules can be relaxed by written reasons in respect of any person or post of any class or Cadre where in the opinion of the government it is necessary or right to do so.

Rule - 16. Miscellaneous.

Matters which are not covered under these rules or orders issued under these rules in respect of member/members of this service shall be governed by Code/Manual/Resolution/Instructions issued by the government in respect of similar situated employees.

Rule - 17. Interpretation.

In case of any doubt regarding any provision of these rules, the subject shall be referred to the department and the decision taken by the department in consultation with the law department shall be final.

Rule - 18. Power to make Regulation.

The State Government shall make regulations to execute the provisions prescribed under these rules.

Rule - 19. Repeal and Saving.

(i)       Bihar Account Service Rules, 2000 (as amended from time to time) stands repealed along with resolutions/rules/orders by the department under that rules.

(ii)      Notwithstanding such repeal, anything done or any action taken under the power conferred by the regulations/resolutions/orders under the provisions of Bihar Accounts Service rules, 2000 (as amended from time to time) shall be deemed to have been done or taken under this rule or the power conferred under this rule, as if, these rules were in force on that date, on which such thing was done or such action was taken.

SCHEDULE I

CADRE STRUCTURE OF BIHAR FINANCIAL ADMINISTRATION SERVICE