In exercise of the powers
conferred under the proviso to Article-309 of the Constitution of India, the
Governor of Bihar is hereby pleased to make the following Rules to regulate the
recruitment in the Bihar Public Health Engineering Department Subordinate
Engineering (civil/mechanical) cadre:- (1)
These Rules may be called the
"Bihar Public Health Engineering Department Subordinate Engineering
(Civil/Mechanical) Cadre (Recruitment & Service Condition) Rules,
2016". (2)
It shall extend to the whole of
the State of Bihar. (3)
It shall come in force at once. In these Rules, unless
anything is not contrary to the subject or context:- (i)
"Government" means the
Government of Bihar; (ii)
"Department" means the
Public Health Engineering Department, Government of Bihar; (iii)
"Appointing Authority"
means the Engineer-in-Chief of Public Health Engineering Department or any
other officer authorized by the department for this purpose; (iv)
"Commission" means The
Bihar Technical Staff Selection Commission or The Bihar Staff Selection
Commission till it starts functioning; (v)
"Cadre" means Bihar
Public Health Engineering Department Subordinate Engineering (Civil/Mechanical)
Cadre; (vi)
"Member of Cadre"
means, all persons, regularly appointed and working under the provisions of
these Rules. Post of basic category
under the Bihar Public Health Engineering Department Subordinate Engineering
(Civil/Mechanical) Cadre shall be "Junior Engineer (Civil/Mechanical)".
The pay scale and grade pay for this post, shall be payable as may be
determined by the Government, from time to time. The sanctioned strength of
this Cadre shall be determined by the State Government, from time to time. The provisions of the
Bihar Reservation of Vacancies in posts and services (for Scheduled Castes,
Scheduled Tribes and other Backward Classes) Act, 1991 (as amended from time to
time) and the Rules made there under and Roaster as prescribed by the State
Government, from time to time, shall be applicable in giving the appointments
and promotions in the cadre. PART-II : APPOINTMENT IN THE CADRE First appointment in this Cadre will be by direct
recruitment to the post of Junior Engineer (Civil/Mechanical). There shall be
no entry to this post on the basis of promotion. The appointing authority shall calculate the
category wise vacancies on 1st April of every year and accordingly, the
reservation category wise requisition will be sent through the department to
the Commission by 30th April of every year. On the basis of requisition given under Rule-7, the
Commission, by such manner as it may deem proper, shall advertise the
reservation category wise vacancies of this Cadre to fill by direct
recruitment. (1)
Qualifications
for appointment in this cadre shall be as follows:- (i)
A
candidate must be a citizen of India except the special order of the
Government. (ii)
For
the subordinate Engineering Cadre, diploma in Civil/Mechanical engineering or
equivalent qualification holder. (iii)
Technical
qualifications/eligibilities for selection:- (a)
Diploma
in Civil/Mechanical Engineering issued by the institutes recognized by AICTE,
or equivalent qualification which has obtained recognition from the State
Technical Board or (b)
Non-Distance
Mode Diploma in Civil/Mechanical Engineering or equivalent qualification issued
by Deemed University under UGC ACT. (2)
Age
of applicant must not be less than 18 (eighteen) years as on first August of
the year of requisition. Maximum age shall be within the reservation category
wise limit determined by the State Government (General Administrative Department)
from time to time. But relaxation of maximum 10 (ten) years will be admissible
to the Junior Engineers (Civil/mechanical), already employed on contract basis,
in the maximum age-limit. (1)
Selection
to the posts of basic category of this cadre {Junior Engineer
(Civil/Mechanical)} shall be made by the Commission on the basis of percentage
of marks obtained in Diploma or equivalent qualification as well as interview
(viva voce). Such candidates having experience of working on the post of Junior
Engineer (Civil/Mechanical) on contract basis under the Government of Bihar or
in any undertaking/body/corporation/entity/Authority/autonomous body under the
Government of Bihar, who fulfil the qualifications of the recruitment in this
cadre, shall be given preference by giving additional marks according to sub
rule (2) of this Rule. (2)
Merit
list of candidates shall be prepared on the following basis:- Full
Marks (a) On
the basis of percentage of marks obtained in Diploma or equivalent
qualification - 60 (b) Maximum
weightage for the working experience on contract basis (5 marks for per
working year) maximum limit of which will be up to 25 marks. For
part of any year, obtained proportionate mark by dividing by 365 to the no.
of working days in that year multiplying by number 5, will be added) - 25 (c) Interview
(viva voce) - 15 Total - 100
Marks (3)
Determination
of working period on the contract basis shall be made on the basis of Payment
Certificate issued by their respective controlling officers. For this, the
period up to the cut off date mentioned in the advertisement published by the
Commission shall be calculated for the working experience. Number of candidates called for Interview shall be
determined by the Commission in proportion to the vacancies. The Commission
shall prepare final merit-list of selected candidates according to Rule-10 and
shall recommend to the Government for appointment. The panel of candidates
recommended by the Commission shall be valid for one year. PART-III
: PROMOTION AND SENIORITY Promotion from Junior
Engineer (Civil/Mechanical) to higher post will be as per provisions made in
Bihar Engineering service cadre rule. Seniority of the engineers
holding the post of Junior Engineer (Civil/Mechanical) shall be determined by
the department in accordance with the merit list recommended by the Commission.
Seniority of already appointed and working Junior Engineers (Civil/Mechanical)
shall be unaffected. (1)
The provisions of the Bihar
Government servants (Classification, Control and Appeal) Rules, 2005 (as
amended from time to time) shall apply to the members of the Bihar Public
Health Engineering Department subordinate Engineer (civil/mechanical) Cadre in
the matters of discipline, controls and appeals. (2)
Service conditions particularly
not provided under these rules, shall be governed by the Bihar Service Code and
other decisions issued by the State Government, from time to time. If any difficulty arises
in giving effect to any of the provisions of these Rules, the Government, may,
after consultation with the Law Department, by order published in the Official
Gazette, make such provisions which is not in-consistent with the provisions of
these Rules, and may appear to be necessary or expedient for removing the
difficulty. (1)
All residual matters of this
cadre shall be under the jurisdiction of Public Health Engineering Department. (2)
In case of any doubt in
interpretation of any rule of these Rules, the same will be referred to the
Department and the decision of the Department, after consultation with the Law
Department, shall be final. (1)
The existing rules &
Regulations in this context are hereby repealed. (2)
Notwithstanding such repeal,
anything done or any action taken under the provision of existing
rules/regulation shall be deemed to be done or taken under the provisions of
these Rules as if these Rules were come into force on the day on which such
thing was done or such action was taken.BIHAR PUBLIC HEALTH ENGINEERING DEPARTMENT SUBORDINATE
ENGINEERING (CIVIL/MECHANICAL) CADRE (RECRUITMENT & SERVICE CONDITION)
RULES, 2016
PREAMBLE