BIHAR STATE ARCHAEOLOGY AND MUSEUM SERVICE RULES, 2014 [1]

PREAMBLE

By utilising the power conferred by the proviso of the Article 309 of the Constitution of India, the Governor of Bihar, in order to regulate the recruitment and service conditions of the Bihar Archaeology and Museum Service, hereby frames the following rules:--

CHAPTER-1 : PRELIMINARY

Rule - 1. Short title, extent and commencement.--

(1)     These rules may be called the Bihar State Archaeology and Museum Service Rules, 2014.

(2)     It shall extend to the whole of the State of Bihar.

(3)     It shall come into force at once.

Rule - 2. Definitions.--

In these rules, unless otherwise requires in the context.--

(i)       "State Government" means the Government of Bihar.

(ii)      "Governor" means the Governor of Bihar.

(iii)     "Department" means the Department of Art, Culture and Youth.

(iv)    "Commission" means the Bihar Public Service Commission.

(v)      "Appointing Authority" means the Government of Bihar.

(vi)    "Controlling Authority" means the Department of Art, Culture and Youth.

(vii)   "Directorate" means the Directorate of Archaeology and the Directorate of Museums, Bihar.

(viii)  "Service" means Bihar Archaeology Service under the Directorate of Archaeology and Bihar Museum Service under the Directorate of Museums.

(ix)    "Member" means a person appointed in the Bihar Archaeology Service or Bihar Museum Service.

(x)      "Seniority list" means the seniority list to be prepared for the Bihar Archaeology Service of the Directorate of Archaeology and Bihar Museum Service under the Directorate of Museums.

(xi)    "Probationary officer" means the new recruited officer under training appointed against the permanent post in the basic category of the Bihar Archaeology Service and the Bihar Museum Service.

(xii)   "Subordinate Service" means the service of the Senior Technical Assistant/Technical Assistant/Gallery Assistant/Research Assistant/Guide/Numismatist/(Subordinate Service Officer) appointed in the headquarters of the Directorate of Archaeology and in the headquarters and regional offices of the Directorate of Museums, under the Department of Art, Culture and Youth, Bihar.

Rule - 3. Constitution of the service.--

(1)     This service shall be the State service under the administrative control of the Department of Art, Culture and Youth.

(2)     Posts of different category of this service shall be as per the Schedule-I and the pay scales of the said posts shall be the same as may be determined by the Government, from time to time.

(3)     The Government shall determine the strength and the designation of the different categories of this service by publishment of the notification in the Official Gazette and sanction the creation and deletion of the permanent/temporary posts in this service.

(4)     The officers already appointed and working to the posts mentioned in the Schedule shall be considered automatically as the members of this service from the date of commencement of these rules.

Rule - 4. Source of recruitment.--

The recruitment into this service, unless otherwise provided shall be as follow:--

(a)      By direct recruitment according to the provisions of the Chapter-3 of these rules.

(b)      By promotion according to the provisions of Chapter-4 of these rules.

Rule - 5. Reservation.--

For the appointment and promotion in this service provisions of the Reservation Act prescribed by the State Government from time to time shall apply.

Rule - 6. Determination of vacancies and intimation to the Commission.--

The administrative department shall determine the number of vacancies to be filled up by the direct appointment every year on the 1st of April and shall send the requisition by 30th of April. If any action to send requisition or to fill up the post by direct appointment is not taken there after also year wise calculation of the post to be filled up by direct appointment will be made and it shall be carried forward for the next year treating to be vacancies of last year.

Rule - 7. Source of the direct recruitment.--

75% vacancy of the category of the basic shall be filled by the direct recruitment.

Rule - 8. Qualifications for the direct recruitment.--

(1)     Age of the candidate.--The minimum age shall be 21 years and the maximum age shall be the same as may determine by the General Administrative Department of the State Government.

(2)     Minimum educational qualification of the candidates.--Essential qualification:--The post graduate degree in the Ancient Indian History and Culture/Archaeology or Ancient Indian and Asiatic Studies/Ancient Indian History and Art History, post graduate diploma in Museology/post graduate diploma in Archaeology with minimum 55% marks.

Rule - 9. Basis of selection.--

The posts of the basic category of this service shall be filled by the Commission through examination/interview in the light of the requisition made by the department.

Rule - 10. Subjects and syllabus of examination.--

The subjects and syllabus for the examination/interview to be conducted by the Commission and the essential and desirable eligibilities as per the subject will be determined by the department in consultation with the Commission.

Rule - 11. Medical examination.--

Each candidate selected for the appointment shall have to undergo the medical examination before a Medical Board constituted by the State Government. Those candidate who will fail to satisfy the Medical Board, with regard to his/her physical fitness as required by effective execution of the duties supposed to be undertaken by him shall not be appointed. The Medical Board will itself formulate objective criterion for this purpose.

Rule - 12. Recommendation of the candidates by the Commission.--

(1)     The Commission shall prepare a merit list of the candidates on the basis of the marks obtained in the written examination and the interview. Out of the list so prepared, the Commission shall recommend only such number of candidates as requisitioned against the vacancies. In case of any candidate not joining the service that the name of the other candidate from the list can be recommended as per the order of the merit list.

(2)     The merit list received from the Commission shall be valid only for one year from the date of its receipt in the department. 

Rule - 13. Source of recruitment by promotion.--

(1)     25% post of basic category of this service shall be filled by the promotion of the employees appointed and working to the post of Senior Technical Assistant/Technical Assistant/Gallery Assistant, Guide Numismatist (Subordinate Service Officer) appointed in the Directorate of Archaeology and headquarters and regional offices of the Directorate of Museum under the Department of Art, Culture and Youth, Bihar. In view of the recommendation made on the basis of seniority-cum-merit list, by the Departmental Promotion Committee constituted under the Chairmanship of the Chairman/Member the Bihar Public Service Commission.

(2)     With the implementation of these rules the member of this service already directly appointed to the higher post different from the basic category of the service shall be deemed to be posted/basically to the concerned posts.

(3)     Promotion of the non-gazetted officers (Subordinate Museum Service and Subordinate Archaeology Service) to the gazetted posts of this service shall be filled according to the provisions of the rule 7(I)* of the Bihar Public Service Commission (Karyasiman) Regulation on the basis of recommendation of the Commission.

Rule - 14. Promotion to the higher posts.--

The posts of promotion to the first category, the second category and the third category (Director, Archaeology/Director, Museums) shall be cadre posts and the appointment to these posts shall be made according to the seniority of the officials by promotion pay scales of which shall be determined on the basis of the post/designation by the Finance Department:

Provided that in absence of the minimum "Kalawadhi" and competent officers, the government may appoint to the post of Director Archaeology/Director, Museums, Bihar by direct recruitment for which qualifications, experience and eligibilities shall be as follows:--

(i)       Degree of post-graduation with minimum 55% marks in the Ancient Indian History and Culture/Archaeology or Ancient Indian and Asiatic Studies/Ancient Indian History and History of Art.

(ii)      Minimum 15 years' working experience on the gazetted cadre post of museum or archaeology at any office of archaeology or museum.

Rule - 15. Kalawadhi for promotion.--

The minimum "kalawadhi" for the promotion shall be determined in accordance with the rules issued by the General Administration Department. All the posts shall be the cadre posts and shall be filled by promotion.

Rule - 16. The Departmental Promotion Committee.--

On the recommendation of the Departmental Promotion Committee, the promotion shall be considered. The Departmental Promotion Committee shall be constituted separately as per the resolutions/circulars issued from time to time by the General Administrative Department. For the promotion to the highest pay scale, the Departmental Promotion Committee shall be constituted in the chairmanship of the Chairman of the Bihar Public Service Commission or a member nominated by him, not below the rank of Deputy Secretary.

Rule - 17. Seniority.--

(1)     The seniority of the employees appointed by direct recruitment shall be determined on the basis of merit list prepared by the Commission according to the serial number.

(2)     Any member of this service appointed on the basis of promotion from the basic grade shall be senior to any person appointed by direct recruitment in the same year, however, the process of the appointment has been already completed.

Rule - 18. Probation period.--

(1)     Every officer appointed against the basic post shall remain on probation up to the period of 2 years from the date of joining of post.

(2)     The Government may terminate the appointment of any officer recruited in this service during his probation period or at the time of its expiry if the officer is found not fit for the appointment for any reasons.

(3)     The syllabus for the training shall be framed in consultation with the Administrative Training Institute and every trainee will have to obtain prescribed essential training in the different departments.

(4)     The Departmental Examination will be conducted in accordance with the Rules for Departmental Examination of Gazetted Officers, 1961 by the Central Examination Committee (Board of Revenue).

(5)     The confirmation, annual increment and promotion to the member of the service shall be admissible only after the passing of the departmental examination, but this will not be applicable to such members as have been in the service before the implementation of the rules.

Rule - 19. Confirmation.--

The Confirmation of the officers, of this service shall be made effective after the fulfilment of the following conditions:

(i)       To complete the probationary period successfully.

(ii)      To obtain training from such institutions as conducted/directed by the department.

(iii)     Passing of the Departmental Examination conducted by the Board of Revenue in all the subjects determined for this service (Service rules and Account and Hindi).

Rule - 20. Contract with regard to the scope of work.--

The Government shall have power to appoint or depute any member of this service to even any non-cadre post, which is in conformity with his qualification.

Rule - 21. Miscellaneous.--

The service conditions, salary, allowance, leaves, pension and other conditions of this service shall be determined in view of the Bihar Service Code and Bihar Pension Rules.

Rule - 22. Training.--

Any member of this service may be sent for the training for a stipulated period in or outside the State.

Rule - 23. The other service conditions.--

Other conditions and disciplinary actions, leave, admissible pension benefits, etc. for these service which are not covered by these rules or which are not notified separately for these services shall be governed by the provisions of the relevant rules for the offices of the State Government.

Rule - 24. Removal of difficulty.--

The Government may remove any difficulty coming in implementation of any rule of these rules, by notification, which is not inconsistent of the provisions of these rules.

Rule - 25. Repeal and saving.--

(1)     All earlier rules relating to Bihar State Archaeology and Museum Service and all other related and relevant circulars/decisions are hereby repealed.

(2)     Notwithstanding of such repeal, any thing done or any action taken under the said rules, shall be deemed to be done or taken under these rules, as if these were effective on the date on which such thing was done or such action was taken.

Annex-I

Details of posts of various categories under Bihar Archaeology Service & Bihar Museum Service.

A. Directorate of Museums: (Post of Basic Category)

B. Directorate of Archaeology: (Post of Basic Category)