In exercise of the powers
conferred under proviso to Article- 309 of the Constitution of India, the
Governor of Bihar is pleased to make the following Rules for the clerical
cadre, Bihar Secretariat Canteen:- (1)
These Rules may be called as
"Bihar Secretariat Canteen Clerk Cadre Rules, 2017." (2)
It shall extend to the Bihar
Secretariat Canteen, Patna. (3)
It shall come into effect from
the date of publication in the Bihar Gazette. In these rules, unless
otherwise requires in the context, (i)
'State Government' means,
Government of Bihar; (ii)
'Appointing Authority' means, the
Labour Commissioner, Bihar, Patna; (iii)
'Cadre Controlling Authority'
means, the Labour Commissioner, Bihar, Patna; (iv)
'Department' means, the Labour
Resource Department, Bihar; (v)
'Commission' means, the Bihar
Staff Selection Commission; (1)
There will be following three
categories of posts in this cadre:- (a)
Lower Division Clerk (b)
Upper Division Clerk (c)
Head Clerk. (2)
The persons appointed and working
on the posts of Pantry Clerk, Assistant Accountant, Cashier and Store keeper
before the commencement of these rules, will automatically be absorbed in this
cadre according to their pay scale in the cadre. There shall be no fresh
appointment on these absorbed posts in the future. The Government will decide
the sanctioned number of posts in this cadre and also create the permanent and
temporary posts besides this, or put any post under suspension or vacant. The provision of
reservation roster decided by the state government from time-to-time will be
abided by for this cadre. (1)
The appointment of the eighty
five percent (85%) posts of total authorised strength of lower division clerk
will be filled directly on the basis of the Competitive Examination by the
Commission held for this purpose. The dependents of such Government Employees,
who dies during the service period, may be made on compassionate grounds as per
process determined by the State Government, from time to time, if they are have
qualification to be appointed in this category, and for this, recommendation of
the Commission will not be required. Provided that if the
direct appointment and the compassionate appointment have been made
simultaneously, the person appointed directly will be Senior to the person
appointed on the basis of compassionate ground. The person appointed and
working as a lower division clerk will be automatically absorbed on the
scheduled date of implementation. (2)
The remaining fifteen percent
(15%) of authorised strength shall be filled on the basis of seniority and
reservation roster from such Group-D employees working in the regular
establishment of the Bihar Secretariat canteen who have the qualifications for
appointment to the post of lower division clerk. (3)
Such lower division clerks who
had been appointed and working before the implementation of these Rules and who
have been automatically absorbed in this cadre and whose age is below 50 years
on the fixed date, will be required to pass typing and computer eligibility
test organized by the State Government within two years from the fixed date.
Increment will not be admissible to them on not passing such eligibility Test
within the said period. (4)
The appointing authority shall
calculate the vacancies on the basis of 1st April every year and shall send the
requisition to the Commission by the 30th April. The eligibility of age will be
according to the 1st August of vacancy year. (5)
The eligibility, rules, process
and syllabus for the concerned Competitive Examination will be the same as may
be determined by the state government. (1)
The minimum educational
qualification for the appointment of L.D.C. shall be intermediate or
equivalent, with knowledge of computer operation, and Hindi and English typing
speed of minimum 30 and 40 words per minute respectively. Efficiency in
computer operation to work on Window Operating system (M.S. Office) and
internet will be essential. (2)
The minimum age-limit and the
maximum age limit for appointment to the posts of this cadre will be the same
as may be determined by the state government from time to time. The probation period will
be two years for the post of Lower Division Clerk, from the date of appointment
which may be extended for one year with special reasons to be recorded in
writing by the appointing authority. The shortcomings will be also mentioned in
Sanctioned Letter of the extended the probation period, so that the concerned
employee may get a chance of improvement in it out in no case, the probation
period shall be extended more than three years. The lower division clerks
have to participate in the training programme during the probation period which
will be determined by department. It will essential for the
appointed lower division clerks to pass typing and computer knowledge eligibility
test and the Departmental Accounts Examination as mentioned in the Bihar Board
Miscellaneous Rules during the probation period. These examinations shall be
conducted by the Board of Revenue, Bihar. Service of the probationer
may be confirmed on being satisfactory in the probation period, by the
appointing authority, on confirmation of the service, total period spent on
probation shall be calculated in total service period. (1)
The Labour Commissioner, Bihar
will maintain the inter-se-seniority of clerks in Bihar Secretariat Canteen. (2)
The determination seniority of
employees appointed under sub Rule-3 of Rule-6 on the recommendation of the
Commission will be determined according to the recommended merit list by
Commission. (3)
The person appointed on the basis
of recommendation of the Commission will be senior to the persons appointed on
the compassionate ground in the concerned year. (4)
The inter-se-seniority of the
absorbed L.D.C. and U.D.C. shall be determined according to the date of
promotion. (1)
The Promotional Committee for
recommendation of promotion in the different categories will be as follows:- (i)
Labour Commissioner, Labour Resource
Department---------------------Chairperson (ii)
Officer, from Labour Resource
Department, not below the rank of Joint Secretary
..................................................................... Member (iii)
One representative each from
SC/ST, minority and woman quota from Labour Resource
Department-----------------------------------------------Member. (iv)
Joint Commissioner,
Bihar-cum-senior officer in charge, Bihar Secretariat
Canteen-------------------------------------------------------------Member-Secretary (v)
Manager, Bihar Secretariat
Canteen-----------------------------------------Member (2)
The promotion will be given in
this cadre according to the following provisions:- (i)
Lower Division Clerk may be
promoted to Upper Division Clerk and Upper Division Clerk will be promoted to
Head Clerk on the basis of seniority and merit as recommended by the Promotion
as Committee. (ii)
It will be necessary to pass the
Departmental Accounts Examination (Both Papers) finally according to determined
as per provisions of The Bihar Board Miscellaneous Rules for promotion. (iii)
The promotion to the post of
Upper Division Clerk may be made on the basis of recommendation of the
Departmental Promotion Committee. (iv)
The seniority of the promoted
U.D.C. shall be determined according to the date of promotion in this cadre. (v)
All clerks working in the pay
scale of Upper Division Clerks on the day of implementation of the Rules will
be automatically absorbed on the post of Upper Division Clerk but such clerks
absorbed automatically to the Upper Division Clerk, having the age below 50
years on the day of implementation, will have to get efficiency in computer
typing and computer operation within two years from the fixed date. If one
fails to attain such efficiency, no increment will be given afterwards. In the matters not
specifically covered by these rules, All Rules, Instructions etc applicable to
the other employees of the appropriate level of the state government in respect
of determined service conditions shall be applicable equally to the members
this cadre. Where any doubt arises as
to the interpretation of any of the provisions of these rules, the matter will
be decided by the Labour Commissioner, Bihar after consultation of the Law Department. (1)
All resolutions and instructions
issued earlier before the implementation of these Rules with respect to this
cadre are hereby repealed. (2)
Notwithstanding such repeal,
anything done or any action taken in exercise of any power conferred by or
under such resolutions, instructions shall be deemed to have been done or taken
in exercise of powers conferred by or under these rules as if these Rules were
in force on the day on which such thing or action was done or taken. BIHAR SECRETARIAT CANTEEN CLERK
CADRE RULES, 2017
PREAMBLE