In exercise of powers conferred by section 12(3A)
of the Water (Prevention and Control of Pollution) Act, 1974 (as amended from
time to time) and Section-14 (4) of the Air (Prevention and Control of
Pollution) Act, 1981 (as amended from time to time), Bihar State Pollution
Control Board, with the approval of the State Government, makes following
regulations to regulate the appointment, posting, promotion and other service
conditions of its employees. PRELIMINARY (i) These regulations shall be called the "Bihar State Pollution
Control Board Scientific Cadre (Recruitment and Service) Regulations, 2023." (ii) It shall come into force at once. (iii) It shall extend to those full time regular Scientific Cadre employees,
who are working in the Board on regular pay on the date of commencement of
these regulations or who will be appointed in future as per the provisions of
these regulations. (iv) It shall not be applicable to those employees of the Board, who are
engaged on casual basis, contract, work charge, daily wages and muster roll. (v) It shall extend to all those employees of the State Government,
Government of India or any other Authority, who are/will be working in the
Board on deputation. In these regulations, unless there is anything
repugnant to the subject or context.- (i) "Water Act" means the Water (Prevention and Control of Pollution)
Act, 1974 (as amended from time to time). (ii) "Air Act" means the Air (Prevention and Control of Pollution)
Act, 1981 (as amended from time to time). (iii) "Water Rules" means rules framed by Bihar Government under the
provisions of the Water (Prevention and Control of Pollution) Act, 1974 (as
amended from time to time). (iv) "Air Rules" means rules framed by Bihar Government under the
provisions of the Air (Prevention and Control of Pollution) Act, 1981 (as
amended from time to time). (v) "Appointing Authority" means the Chairman of the Board or any
other Authority, authorised by the Chairman for making appointment. (vi) "Board" means the Bihar State Pollution Control Board
constituted under section-4 of the Water Act and section-4 of the Air Act. (vii) "Chairman" means Chairman of the Bihar State Pollution Control
Board. (viii) "Employee/Regular Employee" means a person working on any post
in the Board, but this does not include a person working on casual, contract,
muster roll or daily wages and work charged employee. (ix) "Government" means the Government of Bihar. (x) "Member Secretary" means the Member Secretary of the Board. (xi) "Section" means relevant section of the Water (Prevention and
Control of Pollution) Act, 1974 (as amended from time to time) and the Air (Prevention and
Control of Pollution) Act, 1981 (as amended from time to time). (xii) "Selection Committee" means the committee constituted under
the provisions of these regulations for selection and recommendation of the
suitable candidates for appointment to any post in the cadre. (xiii) "Promotion Committee" means the committee constituted under
the provisions of these regulations for recommendation of the suitable
candidates for promotion to the promotional posts of the cadre. (xiv) "Select List" means the list of candidates prepared by
Selection/ Promotion Committee. (xv) "Cadre" means the different grades of employees under the
Scientific Cadre of the Board. GENERAL (i)
The structure/ hierarchy of posts in
the Engineering Cadre of the Board shall be as follows.- Sl. No. Name of
Post Level Mode of
Appointment (a) Senior
Environmental Scientist 2nd
promotion level By
promotion on merit- cum-seniority basis as specified. (b) Environmental
Scientist 1st
promotion level By
promotion on merit- cum-seniority basis as specified. (c) Assistant
Environmental Scientist Basic
Grade By direct
recruitment as specified. (ii)
For proper functioning of the Board
and in public interest, a post or a group of posts under the cadre shall be
created, abolished or permanently merged in any other category of posts by the
Board, as per its requirement. (iii)
The sanctioned strength of all the
posts available in the cadre will be as decided and notified by the Board from
time to time. (i)
Appointment to the Post of Basic Grade
of Bihar State Pollution Control Board- Scientific Cadre i.e. 'Assistant
Environmental Scientist' shall be made by direct recruitment. However,
appointment on contract on ad-hoc basis or on deputation in accordance with the
procedure in Part III of these regulations can be made by the Board in the
interest of some specific projects/ requirements for any period on such terms
and conditions as it deems fit. (ii)
Appointment in the Cadre shall be made
against the sanctioned posts as per the provisions contained in these
regulations. In absence of any specific provision related to appointment, the
rules and directions effective in Government of Bihar, for appointment to an
equivalent post, shall be applicable, as notified by the Board. The decisions/provisions made by the State Government of Bihar from time
to time will be effective. APPOINTMENT BY DIRECT RECRUITMENT (i) For direct recruitment against vacant posts, advertisement containing
probable vacancies, eligibility required, process of recruitment and other
important information, will be published in two leading Newspapers. The
detailed information regarding the advertisement (along with all relevant
provisions) shall also be displayed on official website of the Board. (ii) The vacancies which
cannot be filled in a calendar year due to unavailability of suitable
candidates shall be carried forward to the next calendar year. (iii) The competent
authority of the Board shall make appointment against all vacancies available
for direct recruitment from the recommended candidates in the selection list
prepared by the Selection Committee constituted by the Board for the purpose
through a separate order/ notification. Alternatively, Board may also request
any other recruitment agency of the Government/Public Sector Undertaking to
conduct written examination and viva-voce/oral test on its behalf in which case
Member-Secretary of the Board will be a member of the Board constituted for
viva-voce/oral test. (iv) (a) For applying for
the post of Assistant Environmental Scientista candidate must not be less than
21 years and more than 37 years of age as on the 1st of July of the year of recruitment.
Relaxation in age limit for candidates of Scheduled Castes and Scheduled
Tribes, backward caste and extremely backward castes will be given as per the
policy of the Government. Relaxation in age will be given to the candidates
working in the Board on contract/ ad-hoc basis as per provision under
regulation 7(ii). (b) The
certificate of 10th Class/Matriculation from Bihar School Examination Board or
Equivalent Certificate from any other educational institution recognized by the
Government of India/ State Government will be acceptable for determination of
age. (v) Candidates already in
service, eligible for the post shall submit their application duly forwarded by
the present employer. (vi) A candidate must hold
a Post-Graduate degree or equivalent in Chemistry/ Life Sciences/Environmental
Sciences/Physics and possess any other qualification and experience as notified
by the Board for the post from time to time. (vii) The methodology for
initial screening followed by final selection shall be as specified by the Board. (viii) Selection Committee
will prepare a selection list in accordance with the criteria and the
conditions as prescribed in the advertisement. (ix) The selection list
will be valid for next twelve months from the date of recommendation. (x) The Appointing
Authority will appoint the recommended candidates strictly against the
available vacancies reservation-roster wise and in accordance with the merit
list. (xi) In the event of
appointment of a candidate, if Appointing Authority differs from the deviation
made by the selection committee, he will refer it to the Board within three
months. The decision of the Board will be final. (xii) The Appointing
Authority will verify the character and antecedents of a candidate before his
appointment, if considered necessary. (xiii) The candidates,
selected for appointment by direct recruitment as Assistant Environmental
Scientist shall be required to execute a bond/ agreement with the Board and
shall remain on probation for two years. The bond will be in the format
prescribed by the Board and it will be submitted at the time of joining. (xiv) The finally selected
candidates will also be required to attend professional training for a period
decided by the Board. If the service is not found satisfactory during the
period of probation, it may be extended for one more year for reasons to be
recorded in writing. (xv) In the event of not
successfully completing the training even in the extended period, his service
will not be confirmed and he will be released from the service. Appointment on Contract (i) The Board will be able to appoint any qualified and experienced person
who is eligible for direct recruitment, on contract, on mutually agreed terms
and on the basis of consent. In all such appointments, it will be mandatory to
follow the prescribed appointment procedure including advertisement and
selection by the selection committee, constituted by the Board. Claim of
an employee appointed on contract/ ad-hoc basis in projects or any other
programme of the Board for absorption into the regular cadre or promotion to a
higher post under the Board, shall not be entertained. However, if the basic
qualification of the post against which ad-hoc/ contract appointment was made,
matches with an existing post of the Board and the recruitment/ appointment had
been done after due approval of the Board on the basis of an open advertisement
following all norms of recruitment process in a transparent manner conforming
to the reservation rules of the Government, the employees appointed on
contract/ ad-hoc basis shall be given an option to apply for regular
appointment through direct recruitment. (ii) Following weightage will be given to the contractual employees during
the process of regular appointment. (a) Weightage at the rate
of maximum 5 (five) marks for each year of satisfactory service rendered by the
candidate on contract basis subject to a maximum of 25 (twenty five) marks (for
part of a year, the proportionate marks obtained after dividing by 365 the
resultant number obtained after multiplying the number of working days with 5,
will be added) will be given. (b) Relaxation in upper
age limit equivalent to the period of service rendered on account of
contractual engagement will be given. The part of a year will also be included
in it. Provided
that the said relaxation in age limit and the benefit of weightage in
appointment on the basis of work experience will be given at the time of
regular appointment only in case of appointment on the post on which the work
on contact basis has been done. Appointment on Deputation (i) The Board, under special circumstance and need, may appoint on
deputation, officers of any Government Department/ Authority against a vacant
post in the cadre with the concurrence of concerned department/ Authority. The
terms of deputation will be decided by mutual agreement between the Board and
the Authority, from where the employee is to be deputed. (ii) An employee may be
deputed in the Board only when the Board is satisfied that, for the functioning
of Board and in public interest, such deputation is essential. (iii) The deputed employee
cannot claim promotion to a higher post in the Board. But in case it is found
essential, in the interest of the Board, a deputed employee may be appointed on
a higher post, with the concurrence of the competent authority of the concerned
institution, from where the employee is brought on deputation. A person
shall have to join within fifteen days from the receipt of appointment letter.
In case of non-joining within the stipulated period, the joining time may be
extended by the Appointing Authority, but in any case, it cannot be extended
beyond three months. Appointment shall be deemed as terminated if one fails to
join even in the extended period. The
candidates recruited directly or on contract or on ad-hoc basis will have to
submit conduct certificate issued by the Principal/competent authority of the
last college/university/institution attended. (i) Probation.- The
probation period shall be of two years. On being not satisfactory service in
during probation period, the probation period may be extended for a maximum
period of one year by the Appointing Authority. Such extension of period will
be made only when, in the opinion of the Appointing Authority, there is chance
of improvement in the probationer. If the service is not found satisfactory in
the extended period also, then the service of the concerned person shall be
terminated. (ii) Departmental
Examination.- Departmental
Examination, as prescribed by the Board shall have to be passed. (iii) Confirmation.- The
person under probation shall be confirmed after satisfactory completion of
probation period and passing of Departmental Examination. SENIORITY (i) In the light of the provisions established/amended by the State
Government, the seniority of an employee, appointed by direct recruitment in
the cadre, shall be determined as per the merit list, prepared by the Selection
Committee and recommended for appointment, provided he had joined the
designated post within 15 days after receipt of joining letter or within the
extended period. (ii) The seniority of an
employee, who fails to join within 15 days after receipt of joining letter or
within the extended period, shall be determined as per his date of joining. If
two or more such employees join on the same day, their inter-se-seniority will
be determined as per their position in the merit list prepared by the Selection
Committee. (iii) Inter-se-seniority of
the employees promoted by an order shall be determined in accordance with their
seniority on the previous post, from which they were promoted, provided they
had joined on the promoted post within 15 days after receipt of joining letter
or within the extended period. PROMOTION (i) In the light of provisions established/amended by the State Government
the promotion in the cadre will be given after the recommendation of the
Promotion Committee constituted by the Board for the purpose through a separate
order/ notification. (ii) General Process of
Promotion.-The Appointing Authority will determine the number of vacancies in
the cadre to be filled by promotion. The following information will be
furnished to the Promotion Committee formed by the Board from time to time- (a) Available vacancies
in the Cadre. (b) Approved seniority
list of the employees. (c) The Annual
Confidential Reports of employees along with all the recommendations and
comments, if recorded in the annual report. (d) Information regarding
suspension, disciplinary actions, departmental proceedings, criminal
proceedings, etc., whether pending or complete (if completed, its final
result.) (e) The reservation
roster (including details of pending matters) of concerned cadre. (f) Any other information
or documents, which Appointing Authority deems essential or Promotion Committee
seeks for. (iii) The selection for promotion by Promotion Committee will be on merit-
cum-seniority basis. For promotion, fulfilling the necessary KALAWADHI, as
determined in the qualifications or as notified by General Administration
Department, Government of Bihar from time to time for an equivalent post in the
Government, as decided and notified by the Board, along with confirmation of
service and proper annual confidential reports will be essential. (iv) The Promotion Committee will submit its recommendation of candidates
found fit for promotion within a month after examining the documents and
information made available to it. (v) An employee will not be entitled for promotion merely by inclusion of
his name in the select list. Satisfaction of the Appointing Authority for the
concerned employee being fit for promotion shall be necessary for promotion. PAY AND ALLOWANCES The salary and allowances approved/notified by the
Board from time to time will be admissible to the regular employees of the
Board. OTHER CONDITIONS (i) The employees of the
Board shall have to undergo such training and to pass such departmental
examinations, which may be decided by the Board from time to time. (ii) If an employee
undergoes a training/deputation, the duration of which is more than one month,
within India or abroad, at the expense of the Board, he/she will have to
furnish a bond to the effect that he/ she will render at least five years of
service under the Board after completion of such training/ deputation. If an
employee fails in his/ her compliance or he/she fails at stipulated
examinations during or at the end of the training, he/she will have to refund
the total cost of the training. Any change in the stipulated training programme
or extension of training period will not be allowed to any trainee. The amount
to be refunded by the employee shall include all such amount, which was paid to
him/ her during training as pay, allowances, leave salary, scholarship, all
touring allowances, books and all other equipment. The
nature of duties and functions of employees of the Board is of the nature of
public service. Employees of the Board are supposed to perform very important
duties regarding environment and public welfare. So every employee of the Board
should always perform his/her duties and functions as a public servant. The
duties and functions of employees of the Board relates to provisions contained
in existing Rules and Acts concerned with environment. But the cadre-wise
specific duties and functions of the employees of the Board shall be as
determined by the Board. (i) The Chairman may
transfer an employee of the Board on deputation, if such transfer is found to
be in the interest of the Board or the Government of Bihar or the Government of
India. (ii) The terms of
deputation will be decided by mutual agreement between the Chairman and the
Authority, where the employee of the Board is to be deputed. (iii) The deputed employee
will be treated as employee of the Board even when he is on deputation and the
provisions of the Board shall be applicable to him like other employees of the
Board except pay, leave pay, pay at the time of joining, travelling allowance,
L.T.C. and medical facilities which will be given by the Authority under whom
the employee will be on deputation. (iv) The period of
deputation under sub-rule (i) and (ii) shall normally be of three years but it
cannot be more than five years under any circumstances. (v) The Chairman can
revoke the deputation before expiry of its normal term on valid and justified
grounds. The
benefit of E.P.F., gratuity and leave encashment can be adjudged after the
retirement of permanent empoloyees. The Board will be able to determine its own
procedure for this. If necessary, the order/provision issued from time to time
by the state government in this regard can be followed by the Board. The
employees of the Board shall be governed by relevant Rule of the Bihar Service
Code regarding voluntary/compulsory retirement, subject to other provisions of
this Regulation. The
employees of the Board shall have to give three months advance notice for
resignation. In special circumstances, the Chairman of the Board may consider
to accept resignation even on a notice of less than three months provided that
the employee deposits an amount equal to the salary of the shortage period.
Provided further that the Chairman may consider to relax the notice period or the
amount to be deposited. Conduct,
Discipline and Appeal-Provisions of The Bihar Government Servant Conduct Rules,
1976 (as amended from time to time) and The Bihar Government Servant
(Classification, Control and Appeal) Rules, 2005 (as amended from time to time)
and including Bihar Service Code shall be applicable to employees of the Board
also. With
regard to matters not specifically covered by these regulations, the employees
of the Board shall be governed by the relevant provisions applicable to the
employees of the Government at appropriate level, as decided by the Board. Where the
Chairman of the Board is of the opinion that it is necessary or expedient to do
so, he may with prior approval of the Bihar Government relax any of the
provisions of these regulations with respect to any employee or category of
employees. This decision shall be taken by the Chairman after considering the
matter in a fair way in accordance with the principles of natural justice. Where any
doubt arises as to interpretation of any of the provisions of these
regulations, the matter shall be decided by the Chairman of the Board in
consultation with the State Government. The
Board, from time to time may issue guidelines for implementing different
provisions under these regulations. Any rules
and orders of the State Government and the Board, effective prior to
commencement of these regulations, shall be deemed to be repealed. Notwithstanding
such repeal, anything done or any action taken under the said rules and orders
shall be deemed to have been done or taken in exercise of the powers conferred
under these regulations as if these regulations were in force on the day on
which such thing or action was done or taken. In
case of any difference between the English and Hindi versions of these
Regulations, the English version shall prevail.BIHAR STATE
POLLUTION CONTROL BOARD SCIENTIFIC CADRE (RECRUITMENT AND SERVICE) REGULATIONS,
2023
PREAMBLE
Regulation
1.
Short Title, Extent and Commencement.
Regulation
2.
Definitions.
Regulation
3.
Structure of Posts and Sanctioned Strength.
Regulation
4.
Appointment.
Regulation
5.
Reservation.
Regulation
6.
Regulation
7.
Regulation
8.
Regulation
9.
Joining Time.
Regulation
10.
Conduct.
Regulation
11.
Confirmation.
Regulation
12.
Regulation
13.
Regulation
14.
Regulation
15.
Training.
Regulation
16.
Duties and Liabilities of Employees of the Board.
Regulation
17.
Deputation of Employees of the Board.
Regulation
18.
Retirement.
Regulation
19.
Voluntary/Compulsory Retirement.
Regulation
20.
Resignation.
Regulation
21.
Regulation
22.
Residuary Matters.
Regulation
23.
Power to Relax.
Regulation
24.
Power to Interpret.
Regulation
25.
Regulation
26.
Repeal and Savings.
Regulation
27.