BIHAR FOREST SERVICE RULES, 2013 [1]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of Constitution of India and in super session of the rules published by the Revenue Department Notification No. C/F-1012/55-1635-R dated - 30th of April, 1955, as amended from time to time the Governor of Bihar is pleased to make following rules regulating recruitment to and the conditions of service of persons appointed to the Bihar Forest Service:-

PART I

Rule 1. Short title, Extent and commencement.--

(1)     These rules shall be called the Bihar Forest Service Rules, 2013

(2)     It extends to the whole of the State of Bihar.

(3)     It shall come into force with effect from the date of publication in the Bihar Gazette.

Rule? 2. Definitions.--

In these rules, unless there is anything repugnant to the subject or context-

(i)       "Commission" means the Bihar Public Service Commission;

(ii)      "Government" means the Government of Bihar;

(iii)     "Principal Chief Conservator of Forest" means Officer posted on the post of Principal Chief Conservator of Forest and working as "Head of the force" in Environment and Forest Department;

(iv)    "Chief Conservator of Forest" means Regional Chief Conservator of Forest, Chief Conservator of Forest and other officers equivalent to "Chief Conservator of Forest"

(v)      "Member of the Service' means a person appointed to the service under the provisions of these rules;

(vi)    "Service" means the Bihar Forest Service,

(vii)   "Department" means the Department of Environment and Forests, Government of Bihar

(viii)  "Scheduled Tribes' means Tribes mentioned in Part-II of the Constitution of India (Scheduled Tribes Order-1950)

(ix)    "Scheduled Castes" means Castes, mentioned in Part-II of the Constitution of India (Scheduled Castes, Order-1950)

(x)      "Backward Castes" means castes notified as Backward Castes from time to time by the Government of Bihar.

(xi)    "Extremely Backward Castes" means castes notified as extremely Backward Castes from time to time by the Government of Bihar,

(xii)   "Women of the Backward Class" means and includes women of Scheduled Castes, Scheduled Tribes, Extremely Backward Castes and Backward Castes.

Rule? 3. Appointment.--

(1)     The appointments to the Posts of Basic Grade of Bihar Forest Service shall be made as follows:-

(a)      By direct recruitment in accordance with the procedure in Part II of these rules on the basis of a competitive examination to be held by the Commission;

(b)      By promotion of Range Officers of Forests who having completed the requisite length of service as Range officer of Forest, has been found fit for the service in accordance with Part Ill of these Rules.

(2)     Fifty percent of the total number of posts in the service shall be filled up by appointment by promotion and fifty percent by direct recruitment.

Rule? 4. Reservation.--

The provisions of the Bihar Reservation of Vacancies in posts and Services (for Schedule Castes, Schedule Tribes and other Backward Classes) Act, 1991 and the Rules made thereunder and roster as prescribed by the State Government from time to time shall be applicable for making appointment to and for granting promotions in the service.

PART II

APPOINTMENT BY DIRECT RECRUITMENT (THROUGH OPEN COMPETITIVE EXAMINATION)

Rule? 5.

The State Government shall calculate vacancies generally every year as on the 1st of April as per rule 3 (2). After obtaining Roster Clearance the Government will send requisition according to reservation roster to the Commission by 30th of April. On receipt of such requisition, the Commission shall announce, each year, in such manner as it thinks fit, such requisitioned vacancies in the service to be filled up by direct recruitment on basis of the result of a Competitive Examination and shall invite application from candidates eligible under Rule 6. The Competitive Examination will be conducted by the Commission.

Rule? 6.

(A)     For appearing in the Competitive Examination for this Service,

(i)       A candidate must not be less than 21 years and more than 30 years of age as on the 1st of August of the year of examination. Relaxation in age limit for candidates of Scheduled Castes and Scheduled Tribes, backward caste and extremely backward castes will be given as per the policy of Government Relaxation of 5 [five] years in upper age limit shall be given to the candidates trained as Range officer of Forests, as prescribed in the Cadre Rules for Range officer of Forests,

(ii)      A candidate must be of sound health and good physique. He or she should be free from any physical infirmity likely to create hindrance in performance of the duties efficiently as a member of the Bihar Forest Service;

(iii)     A candidate must hold a Bachelor's degree with at least one of the subjects, namely, Botany, Chemistry, Forestry, Geology, Mathematics, Physics, Statistics and Zoology, or a Bachelor's degree in Agriculture, or in Engineering, of any recognized University or equivalent.

(B)? ?The State Government servant who is eligible for the post shall submit his/her application through the prescribed authorized officer under the Bihar Government Servant (Application for the Posts) Rule, 1951.

Rule? 7.With application form, a candidate must submit the following:-

(i)       Certificate of educational qualification as prescribed under Rule 6;

(ii)      Certificate of character and conduct issued from the last College/Institute he/she had studied at;

(iii)     Certificate of age, which will ordinarily be the true copy of Matriculation certificate or its equivalent certificate.

Rule? 8.

Not withstanding any of the requirements as prescribed in Rule 6 and 7 of this part, the Commission may require a candidate at any point to furnish any such other additional certificate(s), which it may deem necessary for his/her candidature and/or suitability.

Rule? 9.

The written examination shall be held according to the syllabus specified at Schedule A to these rules which may be revised by the State Government from time to time.

Rule? 10.

Candidates will be called for a viva-voce test on the basis of marks obtained at the written examination. The number of candidates called for viva-voce will be in a particular ratio to the number of vacancies as decided by the Commission. The minimum qualifying marks for different reserved categories in the written test will be same as decided by the Government (General Administrative Department) from time to time.

Rule? 11.

The Principal Chief Conservator of Forest and/or an officer of the Indian Forest Service of the rank of Chief Conservator of Forests or above shall be a member of the Board constituted by the Commission for Viva-Voce.

Rule? 12.

The marks obtained at the viva-voce test shall be added to the marks obtained at the written examination and the merit list will be prepared based on the aggregate of marks obtained in the written examination and the viva-voce.

Rule? 13.

Candidates selected for interview shall have to undergo physical test conducted by the Commission followed by a medical examination by a Medical Board constituted by the Director, Health Services, Bihar. A candidate, who fails to qualify the physical test and/or fails to obtain a Medical Certificate of his fitness in Form C to these rules, shall not be selected.

Rule? 14.The following minimum standards of physical fitness are prescribed-

Rule? 15.

The list of candidates so arranged in accordance with merit, who have qualified the physical test and medical examination, shall be recommended by the Commission for appointment to this service. The panel recommended by the Commission will be valid for a period of one year.

Rule? 16.

No right to be appointed to the service shall accrue to a candidates for the sole reason of being recommended by the Commission under Rule 15 until the State Government is satisfied on enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the Service.

Rule? 17.

(a)?? Finally selected candidates shall be required to execute a bond/agreement in prescribed Form to the State Government and thereafter they shall be appointed as Assistant Conservator of Forests on probation for a period of two years and shall be required to undergo a two years professional training at the recognized institutes as determined by State Government. Names of the Assistant Conservator of Forests appointed on probation shall be sent to the concerned institutes alongwith following documents-

(b)      Certificate of age of each Assistant Conservator of Forests appointed on Probation.

(c)      Original Certificate of educational qualification as prescribed under Rule 6A (iii) of each Assistant Conservator of Forests appointed on Probation.

(d)      A certificate of Physical fitness as issued in Form C under Rule-13.

Rule? 18.

In case the person so appointed on probation under Rule 17 fails to successfully complete the training there under the period of pobation of such person may be extended for a maximum period of one year and in the event such person fails to successfully complete the training thereunder within the extended period his services shall not be confirmed and he shall be discharged from the services.

Rule? 19.

On successful completion of the training within the period of two years or within such extended period as provided under Rule 17 the service of a person so appointed on the post of Assistant conservator of Forests thereunder shall be confirmed, if and only if,

(a)      He has been declared successful in the departmental examination as prescribed by the State Government and

(b)      The State Government is satisfied with the recommendations of the Principal Chief Conservator of Forest that he is fit to be confirmed:

Provided that in case such person is not declared successful as under Clause (a) or the State Governmement is not satisfied under Clause (b) his service shall not be confirmed and he shall be discharged from service.

Rule? 20.

During the period of probation the person so appointed under Rule-17 would be entitled to pay and allowances as admissible to the post of Assistant Conservatory of Forests, as revised from time to time by the State Government and on confirmation of his service under Rule-18, the date of his initial appointment on probation shall be deemed to be the date of his substantive appointment in the service and he shall be entitled for all benefits under the service from the said date itself.

PART III

APPOINTMENT BY PROMOTION

Rule? 21.

(1)     Under rule 3 (b) appointment by promotions of Range Officers of Forest to the basic grade post in the service shall be considered in accordance with meritcum-seniority on the recommendation of the Departmental Promotion Committee constituted under Chairmanship of the Chairman/Member of the Bihar Public Service Commission. Vacancies for appointment by promotion would be calculated each year as on 1st of April as per Rule-3 (2).

(2)     After scrutinizing the documents forwarded by the Environment and Forest Department, the Commission shall, on the basis of merit-cum-seniority and their service records, work performance and annual confidential remarks, prepare the list of Range Officers of Forest suitable for appointment by promotion to the Basic grade post of the service.

Rule? 22.

The Commission shall send its recommendation to the State Government with regard to the suitability of the officers for appointment by promotion to the service.

Rule? 23.

The final selection of the Range Officers of Forests to be appointed by promotion to the Basic grade post of the Service shall be made by the State Government after considering the recommendations of the Commission under Rule 22.

Rule? 24.

Such officers appointed by promotion under this part will have to undergo a six week professional training at the recognized institutes as determined by State Government.

PART IV

SENIORITY

Rule? 25.

(1) ???In case of members of the Service appointed by direct recruitment at the same time and confirmed under rule-18 their inter-se seniority shall be determined in order of merit in which their names are placed in the list of successful candidates as under Rule-15 at the final Examination of the Bihar Public Service Commission.

(2) ??The inter-se seniority of Range officers of Forests substantively appointed to the Service by promotion at the same time, shall be in accordance with their seniority inter-se held as Range Officer.

(3) ??In case where appointments are made both by direct recruitment and by promotion of Range officers against vacancies of same year, the promoted member shall be senior to the direct recruited members.

PART V

PAY

Rule? 26.Different Posts and hierarchy of posts of the member of the Bihar Forest Service shall be as under:-

The Number of different posts and their pay scale shall be fixed by State Government from time to time. The posts of Dy. Conservator of Forests, Senior Dy. Conservator of Forests and Conservator of Forests would be the promotional posts of Assistant Conservator of Forests, Dy. Conservator of Forests and Senior Dy. Conservator of Forests respectively.

Rule? 27.

Member of the Service shall be eligible for promotion to the post of Deputy Conservator of Forests and to the next higher posts as per the hierarchy of posts under Rule-26 as per the availability of vacant posts to which promotion is to be granted. The minimum length of service for promotion to the posts of Deputy Conservator of Forests, Senior Deputy Conservator of Forests and Conservator of Forest shall be 9 years, 14 years and 19 years respectively along with minimum 2 years of service on the post from which the promotion is to be granted.

Rule? 28.

The strength and the structure of the cadre of the Service may be amended from time to time as per the requirement by the State Government.

Rule? 29.

(1)     For granting promotion in the highest pay scale of the Service, selection shall be made by a Departmental Promotion Committee constituted under the Chairmanship of the Chairman/Member of the Bihar Public Service Commission. The Principal Chief Conservator of Forests shall be a member of the Departmental Promotion Committee. The committee shall consider the service record and eligibility of the officers in the zone of Consideration on the basis of principle of merit-cum-seniority and send its recommendations to the department for notifying promotion.

(2)     For granting promotion to other pay scales of the service, selection shall be made by a Departmental Promotion Committee, as notified by the Department.

Rule? 30.

The state government, from time to time may issue guidelines for implementing different provisions under these rules.

Rule? 31.

All other service matters relating to the members of the service not expressly covered by these rules will be governed by the Bihar Service Code.

Rule? 32. Discipline, Control and appeal.--

The provision of the Bihar Government servant (Classification, Control and Appeal) Rules 2005 as amended from time to time shall apply to the Members of the Bihar Forest Service in matter of discipline, control and appeals.

Rule? 33. Repeal and Savings.--

(1)     With effect from the date of commencement of this Rule the Bihar Forest Service Rules, 1953 published vide notification No.-C/F-1012/55-1635R Dated 30th of April 1955 of the Revenue Department, as amended from time-to-time, shall stand repealed.

(2)     Not withstanding such repeal, any thing done or any action taken in exercise of any power conferred by or under the repealed Rules shall be deemed to have been done or taken in the exercise of powers conferred by or under this Rule, as if this Rule was in force on the day on which such thing was done or action was taken.

(3)     Nothing in the repeal shall affect or be deemed to affect any right acrued or any liability or obligation incurred under the repealed rules.