In exercise of the powers
conferred under proviso to the Article 309 of the Constitution of India, the
Governor of Bihar is pleased to make the following Rules to regulate exemption
of government servants from passing of The Departmental Examination - (1) These
Rules may be called the "Bihar Government Servant Exemption from Passing
of Departmental Examination Rules, 2018. (2) It shall
extend to the whole of the State of Bihar. (3) It shall
come into force immediately. In these Rules, unless otherwise
requires in the context-- (i) "State
Government" means the Government of Bihar; (ii) "Government
Servant" means a person who is regularly appointed as government servant
against permanent posts and whose exemption from passing of departmental
examination is being considered as per the provisions of these rules; (iii) "Appointing
Authority" means appointing authority declared in the appointment Rules/or
other instructions prescribed for the post held by a government servant. (iv) "Cadre
Controlling Authority" means appointing authority prescribed in the
service/cadre rules for the post held by a government servant. (v) "Department"
means the paternal department of the government servant under consideration
under these rules; (vi) "Central
Examination Committee" means Central Examination Committee prescribed in
notification number 13559 dated 10.10.1961 of Personnel and Administrative
Reforms Department for conduct and regulation of The Departmental Examination
for The Government Servant appointed against various posts. (vii) "Prescribed
Examination" means "Hindi Noting/Drafting Examination",
"Computer Examination" or "Departmental Examination"
prescribed for The Government Servant working under State Government. (viii) "Departmental
Examination" means The Departmental Examination for Gazetted officers
prescribed in "Rules for the Departmental Examination, 1961" or other
service Rules. (ix) "Hindi
Noting/Drafting Examination" means Hindi Noting/Drafting Examination held
by The Directorate of Rajbhasha under The "Bihar Government Servant (Hindi
Examination) Rules, 1968". (x) "Computer
Examination" means computer competency test held under the "Bihar
Government Servant (Computer Competency for Confirmation) Rules, 2011." The exemption from passing in the
prescribed examination, of a government servant will be considered only after
submission of application these for by the concerned employee. The order of
exemption will be effective from the date of application after completion 50
years of age. Exemption will be granted only to
those government servants who have completed the age of 50 years and who have
participated in the prescribed examination held from time to time but failed,
or the prescribed examination had not been held due to exigencies of the
government works or the prescribed examination had not been held during five
years prior to his attaining the age of 50 years. Having regard of the performance
of the duties of the post held by the government servant or adverse effect on
work effiency of the concerned government servant, exemption will be
considered. There should not be any adverse remarks
in Performance Appraisal Report/Character Roll of the concerned government
servant applying for exemption. His service/works should be satisfactory. There
should be no disciplinary proceeding/ criminal proceeding pending against him. Right to get exemption from
passing in any prescribed examination will not be mandatory. It will be
compulsory for the competent authority to pass an order recording the reason of
rejection of the application submitted for the exemption. The order of exemption shall be
issued with due approval of the Appointing Authority prescribed for the post
held by concerned government servant. The government may make
regulations to implement the provisions prescribed in these rules. Where the government is
satisfied, for good and sufficient reasons or if sufficient cause is shown, to
be recorded in writing, the provisions contained in these rules may be relaxed. Where any doubt arises as to the
interpretation of any of the provisions of these rules, the matter will be
referred to the department and the decision of the department, after
consultation with the Law Department, shall be final. (1) Circular
no. 11691 dated 09.11.1983, 4674 dated 15.05.1992 and 4368 dated 28.08.2009,
and rules/circulars/orders etc. issued earlier from time to time in this regard
are hereby repealed. (2) Notwithstanding
such repeal, anything done or any action taken under the said
rules/circulars/orders etc shall be deemed to have been done or taken under
these rules as if these rules were inforce on the day on which such thing or
action was done or taken. BIHAR GOVERNMENT SERVANT EXEMPTION FROM
PASSING OF DEPARTMENTAL EXAMINATION RULES, 2018
PREAMBLE