[18 February 2021] No.
01@LFkk0 1/4dk0ink01/2&06@2019&122-In exercise of powers vested under
Article 309 of Indian constitution, Governor of Bihar is pleased to make
following rule in respect of formation of Bihar Municipal Service cadre,
process of recruitment and to regulate service conditions therein:- CHAPTER-1 (i)
This Rule may be
called the "Bihar Municipal Service Rule, 2021". (ii)
It shall extend
to whole of the State of Bihar. (iii)
It shall come
into force from the date of its Publication in the Official Gazette. In this
Rule, unless the context otherwise requires for the purpose of this rule. (a)
"Act"
means Bihar Municipal Act, 2007. (b)
"Commission"
means Bihar Public Service Commission. (c)
"Degree"
means bachelor degree from recognized university. (d)
"Director"
means director of local bodies of Bihar. (e)
"Appointing
Authority" means the governor of Bihar. (f)
"Governor"
means the Governor of Bihar. (g)
"State Government"
means the state government of Bihar. (h)
"Municipality"
means an autonomous body and it includes Municipal Corporation, Municipal
Council and Nagar Panchayat. (i)
"Year"
means financial year i.e., period from 1st April to 31st March of the following
year. (j)
"Vacancy
within the year" means creation of new post in service, vacancy available
on removal from service, retirement and death. (k)
"Department"
means Urban Development and Housing Department. (l)
"Departmental
Promotion Committee" means Departmental Promotion Committee Constituted
from time to time by the government. (m)
"Service"
means Bihar Municipal Service. (n)
"Member of
Service" means a person appointed and included in Bihar Municipal Service
under the provision of this rule. (o)
"Cadre"
means Bihar Municipal Service cadre. (p)
"Cadre
Controlling Authority" means Principal Secretary/Secretary, urban
Development and Housing Department. (q)
The undefined
words and expressions used in this rule shall mean the same as in the Bihar
Municipal Act, 2007 and the rules made there under. (A)
The structure of
service will be as follows:-? ? Sl.No.
Name
of Post Status
Remarks 1. Basic
Grade:- (a)
Municipal Executive officer. (b)
Secretary of Authority. Basic Grade Gazetted 2. (a)
Municipal Secretary. (b) Deputy
Municipal Commissioner. (c)
Project Officer cum deputy Director. (d)
Procurement Officer. First
Promotion Level Gazetted 3. (a)
Additional Municipal Commissioner. (b)
Project Officer cum Additional Director. (c) Joint
Municipal Commissioner. Second
Promotion Level Gazetted 4. (a) Municipal
Commissioner. Third
Promotion Level Gazetted (B)
The number of Posts under different categories of service
will be the same as to be determined /modified from time to time by the
Government. (C)
The Grade Pay/Pay Level of various categories of service
will be the same as fixed by the Finance Department, Government of Bihar from
time to time. CHAPTER 2 The government will determine the
vacancies for the appointment in the service by 31st March every year and its
information will be made available to the Commission by 30th April every year. Provisions related to reservation
inforce from time to time by the General Administration Department, Government
of Bihar will be applicable in the appointment and promotion in this service. The minimum age of the candidates
for direct recruitment must shall not be less than 21 years as on 1st August of
the year during which applications for recruitment are invited. The maximum age
of the candidate will be the same as determined by the General Administration
Department, Government of Bihar from time to time. For promotion in various grades of
service minimum period shall be the same as determined by the General
Administration Department, Government of Bihar from time to time. (a)
Appointment- (i)
Appointment in basic grade will be made on the basis of
result of Combined Competitive Examination conducted by Commission and its
recommendation. (ii)
The applicant shall be required to hold a Bachelors degree
from any statutory University or possess such other qualification as Governor
may declare equivalent to above degree on that subject. (iii)
First posting will be made on the basic post of cadre in
different Municipal bodies/ Bihar Urban Planning Area Authority. (iv)
The State Government will make Interim arrangements to fill
the vacancies on the prescribed posts until regular appointment in this cadre
is made. This interim arrangement will automatically end on regular
appointment. (b)
Promotion- (i)
First promotional grade post will be filled by promotion
from the officers of basic cadre post who have passed the departmental
examination conducted by the Central Examination Committee, Board of Revenue
Bihar, Patna and after confirmation in service, on the basis of recommendation
of departmental promotion committee as per prescribed post level. (ii)
Second/Third Promotional Level (Grade)- The post of Second/Third Promotional
Level (Grade) post will be filled by promotion on the basis of seniority cum
merit on recommendation of Departmental Promotional Committee. The structure of Departmental
Promotion Committee will be determined and notified separately by the
department. CHAPTER 3 Probation, Training
and Confirmation (a)
Every officer appointed against the vacant basic post will
be on probation for a Period of two years from the date of assuming the charge
on the basic post. (b)
On completion of the probation period, If the conduct and
service of the officer found not satisfactory, the government may extend the
probation period by one more year, If it appears that there is a possibility of
improvement in conduct and service. If the conduct and service are not found to
be satisfactory even during extended Period, service may be terminated. (c)
After the first increment after appointment, the next
increment will be admissible only after passing the prescribed departmental
examination. After entry into the service, period
and mode of training will be determined according to the manner prescribed by
the Government from time to time. After formation of Bihar Public
Administration and Urban Development Academy all training related work will be
done by the said Institution. For basic grade officers, passing in
the departmental examinations conducted time to time in different subjects as
prescribed by the Central Examination Committee, Board of Revenue Bihar and
subjects prescribed by Government from time to time will be compulsory. On completion of probation period,
Officer appointed on Probation will be eligible for confirmation in service on
following conditions:- (a)
Has passed the prescribed departmental examination, (b)
Has completed the prescribed training from time to time and
in the course of training, if there is an examination, then must have passed in
it, and (c)
His Conduct and service during the probation period should
have been satisfactory. CHAPTER 4 Salary and
Gradation Gradation of the member of this
service will be determined according to the principle and procedure laid down
by the General Administration Department Bihar, Patna from time to time. CHAPTER 5 Others The department may make regulations
as it may deem necessary for carrying out provisions of this rule effective. The power to resolve all
discrepancies/doubts in implementation of provisions of this rule will be
vested in the State Government. In respect of the subject or point
not contained in this rule, the provisions made by the State Government in the
relevant code/rules/resolutions/Instructions will be applicable in the context
of this service. All related rules/instructions etc.
issued before this rule will be deemed repealed. Notwithstanding such repeal
anything done or any action taken under the said initial rules/instructions
etc. shall be deemed to have been done or taken under the corresponding
provision of this rule.Bihar Municipal Service Rule, 2021