In exercise of the powers
conferred under section-14 of the Bihar Police Sub-ordinate Services Commission
Act, 2016 the Governor of Bihar is pleased to make the following Rules for the constitution
of The Bihar Police Sub-ordinate Services Commission for recommendation of
appointment to the various posts of Group-C having designated uniform of the
Bihar Police and other Departments:- (1)
These rules may be called
"The Bihar Police Sub-ordinate Services Commission Rules, 2017." (2)
It shall extend to the whole of
the State of Bihar. (3)
It shall come into force at once. In these Rules, unless
otherwise requires in the context- (i)
"State Government"
means the State Government of Bihar; (ii)
"Department" means the
Home Department (Police Branch); (iii)
"Act" means the Bihar
Police Sub-ordinate Services Commission Act, 2016 (Bihar Act No- 16); (iv)
"Commission" means the
Bihar Police Sub-ordinate Services Commission and it includes its Chairman and
all the other Members: Provided that in case of
absence of any Member on leave or otherwise, the Commission shall be deemed to
be constituted comprising of the Chairman and rest members; (v)
"Chairman" means the Chairman
of the Bihar Police Sub-ordinate Services Commission appointed by the State
Government under section-3 of the Act; (vi)
"Member" means a Member
of the Bihar Police Sub-ordinate Services Commission appointed by the State
Government, under section-3 of the Act; (vii)
"Service and Cadre"
means a service or a cadre in which for appointment, the recommendation of the
Commission is required under section-8 of the Act; (viii) "Post"
means any post to which for appointment, the recommendation of the Commission
is required under section-8 of the Act; (ix)
"Secretary" means the
Secretary of the Commission appointed by the State Government and it includes
the officer authorized by the Chairman to perform the function of the
Secretary, in the absence of the Secretary. (1)
Government may appoint/nominate
serving or retired officer of the rank of Director General of Police/Additional
Director General of Police to the post of the Chairman of the Commission. (2)
Serving officer,
appointed/nominated as the Chairman of the Commission, shall be provided the
pay of his post and all facilities admissible to a Departmental Secretary. (3)
Pay equivalent to last pay of his
service period and all facilities admissible to a Departmental Secretary shall
be provided to retired officer appointed as the Chairman of the Commission. However, if an officer
after his retirement is appointed as the Chairman of the Commission, he will be
paid as salary from the date of his appointment, after deducting the amount of
pension, which he is to get after retirement from the date of retirement
(including that part of the pension which has been commuted) and the amount
equivalent to other retrial benefit from his earlier service. (1)
(a) The State Government may
appoint/nominate two serving or retired officer of the rank of Inspector
General of Police/Deputy Inspector General of Police/Superintendent of Police
to the posts of the Members of the Commission. (b) One of the two Members
will be nominated as the 'Member-Secretary' by the Chairman. (c) Department shall
nominate maximum 2 (Two) Members, not below the rank of Joint Secretary, from
other departments such as, Home Department, Environment and Forest Department,
Registration, Excise & Prohibition Department, Transport Department and
Disaster Management Department. At least one member shall
be from Scheduled Caste/Scheduled Tribe in the said Members. (2)
Members of the Commission, shall
be eligible for the pay and all the facilities admissible to the officers of
equivalent rank working in the state government. (3)
Pay equivalent to last pay of his
service period and all facilities admissible to a departmental secretary shall
be provided to a retired officer appointed as member of the Commission. However, if an officer
after his retirement is appointed as the Member of the Commission, he will be
paid as salary from the date of his appointment, after deducting the amount of
pension, which he is to get after retirement from the date of retirement
(including that part of the pension which has been commuted) and the amount
equivalent to other retrial benefit from his earlier service. (4)
In case of pay revision after the
appointment of Chairman/Members, the pay of Chairman/Members shall be revised
in the same Matrix in which pay of working/retired employees is revised. The procedure for sanction
of leave to the Chairman and the Members of the Commission shall be the same as
applicable to the officers of the equivalent rank. In the absence of the
Chairman on leave or otherwise, the senior most Member shall hold the charge of
the administrative work of the Chairman. (1)
As per Section-8 of the Act, the
Commission may select and recommend for appointment to all cadres and posts of
Group-C having designated 'Uniform' and prescribed physical ability and
efficiency tests as well as such other posts having maximum Grade Pay uptoRs.
4200/- in the different departments under the State Government as mention in
the appended Schedule of the Act. (2)
The recommendations of the
Commission will be valid for one year with effect from the date of its receipt
in the Department. Provided the Commission shall have power to revalidate its
recommendation for further one year. The transaction of
business as specified in (1)
The Business mentioned in
(2)
The Chairman of the Commission
may entrust the responsibilities of the Examination Controller to any one of
the Members and the responsibilities of the Administrative Section to any one
of the other Members. Other Members of the Commission shall perform the other
responsibilities, in consultation with the Chairman. (1)
All decisions of the Commission
shall be recorded in the meeting by the Secretary or any other officer
authorised by the Chairman. If any Member dissents any decision, it shall be
recorded in the proceeding. In case of difference of opinion the decision shall
be taken by majority. (2)
The proceeding of the meeting
shall be confirmed in the next meeting of the Commission. (3)
The decisions of the Commission
shall be communicated by a letter signed by the Secretary or by an officer
authorised by the Chairman. (4)
The proceedings of the Commission
will be confidential and will not be communicated without the permission of the
Commission. (1)
Within the budget allocation, the
Commission shall have the power to sanction expenditure for office
administration except purchase of a motor vehicle. Provided that the
Commission shall have full power to purchase for conducting the examinations
and other departmental purchase to execute the contract and to sanction any
other expenditure for office administration. For the contingent expenses, the
Chairman shall have powers under rule 110(2) of the Bihar Financial Rules. (2)
The Commission shall have power
to sanction the advances and withdrawals of money more than Rs. (1,00,000/-)
One Lakh from treasury for conducting of examination as per the terms and
conditions laid down in Rule-177 of Bihar Treasury Code. The Chairman of the
Commission shall have this power up to Rs. One Lakh. In cases related to
purchase, advance money shall be drawn from treasury only when there is such
condition in the approved tender. (3)
Procedure laid down in item 39 of
appendix 5 of the Bihar Financial Rules Part-II shall be applicable in the
matters related to expenditure to be incurred on printing of question papers
and evaluation of answer sheets. (4)
Expenditure by the Commission
shall be deductible under Major Head-2051-Public Service Commission, Sub Major
Head -00- Minor Head- 103- Staff Selection Commission, Sub Head-0003- Bihar
Police Sub-ordinate Services Commission, Bill Code-N2051001030003. (5)
The Commission shall keep the amount
received from Government and the amount received by miscellaneous receipts in a
bank by opening an account. There shall be separate bank account for the fees
received from the candidates and this amount shall be deposited in the treasury
under Major Head-0051-Public Service Commission, Sub Major Head -00- Minor
Head- 105- State Public Service Commission Examination Fee, Sub Head-0004-
Bihar Police Subordinate Services Commission Examination Fee, Bill Code-
R0051001050004 immediately by the end of the month. The detail of the revenue
received as fee shall be sent to the Department every year. (1)
Strength of posts of the
subordinate officers and staff for conducting work of the Commission shall be
the same as may be sanctioned by the Government, from time to time. Officers
and staff shall be made available by the General Administration Department
against approved sanctioned strength of the posts. The Service of certain
posts, like- peon, driver, computer programmer, computer operator shall be
taken by the Commission on the basis of contract from any institution at fixed
pay, fixed by the Government/Beltron till the regular appointment. (2)
The Conditions of service of the
Officers and Staff of the Commission shall be the same which are applicable to
the Government servants. The rules, resolutions, orders regarding disciplinary
action as applicable to the Government servants of equivalent rank shall be
applicable to the Officers and Staff of the Commission. (3)
The Commission may engage on
contract the services of persons for specified period for smooth conduct of
examinations in addition to the post sanctioned by the Government on the basis
of advertisement and the Commission shall terminate their services as soon the
examination procedure is over. The Commission shall obtain the prior approval
of the State Government on the number of such persons to be engaged and on the
rate of the amount payable to them. (1)
Annual expenditure to be incurred
on establishment of the Commission shall be borne by the Home Department
(Police Branch) by providing the required fund under its budget head. (2)
The Commission shall prepare the
budget estimates every year and send it to the Department so that it may be
included in the budget of the Department. The Controlling officer of
the Commission shall control over the expenditure and perform the
responsibilities conferred under Rules 471 to 479 of the Bihar Financial Rules.
Maintenance of account and its audit will be made as per the procedure
prescribed by the State Government. Relevant information and reports in this
regard shall be made available by the Commission to the Department, from time
to time. Business to be transacted
by the Commission (i)
Annual report of the Commission; (ii)
Scheme of Examinations and
syllabus under Rules made under section 12(2) of the Act; (iii)
All cases in which a new policy
is required to be formulated for submission to Government; (iv)
Any case in which the existing
policy is required to be amended/revised for submission to Govt.; (v)
Such cases in which a decision is
required to be taken regarding framing of the rules for holding Competitive
Examinations for recruitment to posts and services; (vi)
Any case in which recruitment
rules have been framed and the Commission has to formulate the procedure of
recruitment; (vii)
Submit draft of work conduct
regulation of the Commission for transacting of business to the Government; (viii) Submit
proposals for exclusion from the jurisdiction of the Commission or extension of
function of the Commission for the approval of the Government; (ix)
Subjects related to research of
Examination Method; (x)
Preparation of panel for
constitution of Interview Board; (xi)
Preparation of panel of
Advisors/Experts and structure of the Board; (xii)
Fixing the dates of interview; (xiii) Fixing
the dates of examination and centres of examination and the venue of evaluation
centres; (xiv)
Constitution of panel of
Advocates; (xv)
Advertisement and notification
for recruitment and selection of newspapers in which advertisements are to be
published; (xvi)
Approval of results of
examinations and interview; (xvii) System
development and other works pertaining to technical aspect of Data processing
and Electronic Data Processing Branch; (xviii) Review
of answer books on application of candidates; (xix)
Any other matter which the
chairman places before the Commission for consideration and decision; (xx)
Any other matter not covered by
these rules and to be sent to the Government for approval after drafting the
proposal; Business to be executed by
the Chairman (i)
General administration of the
Commission; (ii)
Co-ordination of works of the
Commission including convening the meeting of the Commission; (iii)
Allocation of business amongst
the members; (iv)
Endorsement of any file for
examination to any member nominated by the Chairman; (v)
Appointment of paper-setters,
moderators and examiners; (vi)
Approval of printing of question
papers; (vii)
The Chairman may place any
specific matter before Commission for disposal as per necessity or in public interest; (viii) Scrutiny
of statement of facts or filing of affidavit in the courts cases; (ix)
Constitution of Board from the
panel approved by the Commission and fixing the dates of interview; (x)
Power to engage the advocates
from the panel approved by the Commission; (xi)
Matter entrusted by the
Commission from time to time in the interest, of the work.BIHAR POLICE SUB-ORDINATE
SERVICES COMMISSION RULES, 2017
PREAMBLE