In exercise of the powers conferred by the proviso to
Article 309 of the Constitution of India, the Governor of Bihar hereby,
declaring the creation of "Bihar Panchayati Raj Audit Cadre" makes
the following Rules to regulate the procedure of recruitment and service
conditions of the Panchayati Raj Auditors:-- (1)
These rules may be called the Bihar
Panchayati Raj Audit Cadre Rules, 2019. (2)
It shall extend to the whole State of Bihar
except the areas to which the provisions of the Bihar Municipal Act, 2007
(Bihar Act 11 of 2007) or Cantonment Act, 1924 (Act II, 1924) apply. (3)
It shall come into force at once. Unless and otherwise required in the context, in these
Rules and (i)
"Government" means the Government
of Bihar; (ii)
"Governor" means the Governor of
Bihar; (iii) "Department" means the Panchayati Raj
Department, Bihar; (iv)
"Panchayati Raj Institutions" means
Gram Panchayat, Panchayat Samiti and Zila Parishad, as the case may be,
constituted under Article 243-B of the Constitution of India for the rural
areas; (v)
"Service" means Bihar Panchayat
Audit Service; (vi)
"Member or Member of the Service"
means the person appointed in the Bihar Panchayati Raj Audit service; (vii) "Schedule" means the schedule attached to these
Rules; (viii) "Commission" means the Bihar Public Service
Commission; (ix)
"Cadre Controlling Authority" means
Principal Secretary/Secretary Panchayati Raj Department; (1)
This cadre will be a state level cadre. (2)
This cadre will consist of the following
categories of posts :-- Sl.
No Post Category Status
of the Post Appointing
Authority 1 Auditor
(Panchayati Raj) Basic
Category Non
Gazetted Principal
Secretary/ Secretary 2 Senior
Audit Officer (Panchayati Raj) 1st Stage
of promotion Non
Gazetted Principal
Secretary/ Secretary 3 District
Audit Officer (Panchayati Raj) 2nd
Stage of
promotion Gazetted Government 4 Chief
Audit Officer (Panchayati Raj) 3rd
Stage of
promotion Gazetted Government (3)
This cadre will be constituted as an Audit
Directorate under the Panchayati Raj Department and will come into force for
internal audit of Panchayati Raj Institutions. The Audit Directorate will
function under the administrative control of the Director, Panchayati Raj
Department. Headquarters of the Directorate will be at Patna. (4)
Authorized Strength - The State Government
shall determine the post strength of this service, from time to time and may
create permanent/temporary posts of this service in addition to the sanctioned
strength on the date of commencement of the Rules. The Rules/Rosters of Reservation determined by the State
Government will be followed in recruitment and promotions. The number of vacancies to be filled by direct
recruitment or by promotion shall be determined on 1st April of every year and
the requisition of vacancies so determined will be sent to the Commission or
the Agency nominated for this purpose by the Government upto 30 April. 100% posts of Auditor (Panchayati Raj) shall be filled by
direct recruitment. By publishing an advertisement and on the basis of
competitive examination, recommendation for appointment to the posts of the
basic category of this service i.e. "Auditor (Panchayati Raj)" shall
be made by the Bihar Public Service Commission. (1)
The minimum educational qualification for the
post mentioned in Rule 6 shall be Bachelor degree from recognized University in
any one of the subjects Commerce, Economics, Mathematics and Statistics. In
addition to this, candidates having MBA (Finance), C.A, ICWA and C.S degree
will also be eligible to apply for this post. (2)
The minimum age limit for direct recruitment
to the post of basic category shall be 21 years on 1st August of the year in
which advertisement is published and the maximum age limit will be same as may
be determined by the State Government (General Administration Department), from
time to time. The Commission shall prepare a merit list as per Rule 9.
The Commission shall recommend the successful candidates to the State
Government (Panchayati Raj Department) in conformity with the requisition. In
case any candidate does not join the service, such vacancies shall be carried
forward. The Commission shall prepare the list of the successful
candidates in order of merit. Where the marks obtained by two or more
candidates are same, their order of merit shall be determined on the basis of
educational qualification and /or age. The merit list so prepared along with
the recommendation of appointment shall be made available by the Commission to
the Panchayati Raj Department, Government of Bihar. The recommendation of the
Commission shall be valid for a period upto one year from the date of its
receipt in the Department. For selection of suitable candidates, the Commission
will follow the provisions relating to the minimum qualifying marks determined
by the General Administration Department. (1)
Inter-se-Seniority of the members appointed
through direct recruitment under these Rules shall be according to the merit
order recommended by the Commission. (2)
Inter-se-seniority of the members promoted in
the cadre in a year shall be determined by their promotion orders. (3)
The Department shall maintain the seniority
list of all the posts in the cadre. (4)
The Inter-se-seniority of the members of this
service will be determined on the basis of principles and procedures determined
by the General Administration Department, Bihar. (1)
Newly recruited members of the service shall
be on probation for two years from the date of joining. (2)
In case the service and conduct of the
employee is not found satisfactory in the probation period, the probation
period may be extended, with reasons to be recorded in writing, for one year.
If the service is not found satisfactory even in the extended period, such
employee may be removed from service. (3)
In the probation period, the probationer
shall have to obtain training as may be prescribed and pass the Departmental
Examination. The Central Examination Committee, Board of Revenue, Bihar shall
held the Departmental Examination and determine the subject, syllabus and
procedure for this purpose. Next annual increment after the first increment
shall be admissible only after passing the Hindi Noting and Drafting
Examination/ Computer Proficiency Test. (1)
Auditors appointed on probation may be
confirmed after completion of probation period provided that he/she passes the
Departmental Examination and completes the pre-confirmation training. (2)
Departmental Examination for Auditors--
Auditors appointed on probation will have to pass the Departmental Examination
for confirmation and promotion to the higher scale of Senior Audit Officer.
Auditors completing one year of service will be eligible to sit in this
examination. (1)
All posts other than the post of Auditor of
basic category shall be filled by promotion. Promotions will be made on the
recommendation of the Departmental Promotion Committee. It will be essential to
comply with the provisions relating to kalawadhi, determined by the General
Administration Department. (2)
Department shall issue separate order
regarding constitution of the departmental promotion Committee. (3)
At the time of promotion, the suitability of
the candidates of Scheduled Castes/Scheduled Tribes shall be ascertained along
with the candidates of General Category, that is to say the criterion of
suitability for all the candidates shall be the same. The candidates of
Scheduled Castes/Scheduled Tribes fulfilling the prescribed minimum criterion
may be selected to the limit of reservation. The pay-scale of the posts of different categories of the
service shall be the same as may be determined by the State Government, from
time to time. (1)
The members of this service may be deputed
for audit work in any Panchayati Raj Institution and Gram Katchahry within or
outside the State of Bihar. (2)
The State Government will have the right to
post or depute any member of this service to any such ex-cadre post which is
comparable to his/her status. (1)
The members of this service may be sent for
training, within or outside the state for a period prescribed by the State
Government. The evaluation made at the expiry of the training may be taken into
consideration by the Departmental Promotion Committee. (2)
Before the confirmation, there will be two
aspects of the training & Theoretical Training and Practical Training. The
period of theoretical training and practical training shall be of three months
and six months respectively. In the context of the other service conditions for this
cadre, such as disciplinary action, leave, admissible retirement benefits etc.
for which provisions are not made in these Rules the relevant provisions
determined for the employees/ officers of appropriate level of the State
Government shall apply. The Panchayati Raj Department may make such regulations,
which are not inconsistent with any provisions of these rules, for
implementation of the provisions of these Rules. If any doubt arises in the interpretation of any
provision of these Rules, the matter will be referred to the Department and the
decision of the Department, after consultation with the Law Department, will be
final in this regard. If any difficulty arises in giving effect to the
provisions of these Rules, the Government may after consultation of the Law
Department, by such order, which is not inconsistent remove the difficulty. (1)
Any Order/ Rules/Resolution, already issued,
from time to time, by the Department in respect of this cadre, are hereby
repealed. (2)
Notwithstanding such repeals, any work done
or any action taken under the said order/Rules/Resolutions will be deemed to be
done or taken under these Rules as if it were in force on the day on which such
thing was done or such action was taken. BIHAR PANCHAYATI RAJ AUDIT CADRE RULES, 2019
PREAMBLE