CHILD PROTECTION OFFICER (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 2014 

PREAMBLE

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 regulating the recruitment and conditions of service of the Child Protection Officer Cadre within and under control of Social Welfare Directorate under Department of Social Welfare.

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

(i)       These Rules may be called as the Child Protection Officer (Recruitment and Conditions of Service) Rules, 2014.

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

(iii)     It shall come into force with effect from the date of publication in the Official Gazette of Bihar.

Rule 2. Definitions.--

In these Rules, unless the context otherwise requires:--

(i)       "Cadre" means the Child Protection Officer cadre.

(ii)      "Commission", means the Bihar Staff Selection Commission.

(iii)     "Appointing Authority" means Director, Directorate Social Welfare.

(iv)    "Controlling Officer" means Director, Directorate Social Welfare.

(v)      "Fixed date" means the date of commencement of these Rules.

(vi)    "Direct Recruitment" means appointment based on competitive examination held by the 'Bihar Staff Selection Commission'.

(vii)   "Member" means any person appointed in Child Protection Officer Cadre.

(viii)  "Homes" means homes running under 'Juvenile Justice (Care and Protection of Children) Act' 2000 as amended 2006.

(ix)    "Government" means the Government of Bihar.

Rule 3. Cadre structure.--

The cadre structure of Child Protection Officer shall be in administrative control of Directorate, Social Welfare Department and cadre structure of post of different categories of this cadre shall be as mentioned below:-

Pay Band of the cadre shall be such as determined by the Government from time to time.

Rule 4. Cadre strength.--

The cadre strength shall be such as determined by the Directorate, Social Welfare under Social Welfare Department from time to time.

Rule 5. Recruitment.--

(i)       Seventy five per cent (75%) posts of Child Protection Officer shall be filled up through direct recruitment and twenty five per cent (25%) shall be filled up by eligible Accountant-cum-Storekeeper of Directorate, Social Welfare.

(ii)      All recruitments shall be made to the basic grade of Child Protection Officer on the recommendation of the Commission.

(iii)     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.

(iv)    The Commission shall advertise the vacancies and after selection of successful candidates on the basis of competitive examination shall recommend the name of the candidates in order of merit to the concerned appointing authorities. The validity of the merit list shall be one year from the date of receipt of recommendation.

(v)      After the due verification, the appointing authority shall appoint the candidate on probation for a period of 2 years.

Rule 6. Qualification.--

I.         The minimum educational qualification shall be Graduation from any recognized University.

II.       Minimum age for recruitment shall be eighteen years and maximum age shall be the same as determined time to time by the State Government (General Administration Department).

Rule 7. Reservation.--

Compliance of reservation/roster in recruitment as well as promotion, as notified by the State Government from time to time, shall be necessary.

Rule 8. Recruitment through Promotion.--

Promotion of 25% shall be made amongst eligible Accountant-cum-Storekeeper of Directorate, Social Welfare cadre according to the seniority on the recommendation of Departmental Promotion Committee. A minimum of fixed time period (Kalavadhi) as determined by the General Administration Department shall be necessary for promotion.

Rule 9. Probation.--

Every appointment shall be on probation for two years and in special circumstances it may be extended for further one year by the appointing authority, if the probation period is not found to be satisfactory then such extension shall be done only if the appointment authority is of the opinion that the probationer has a chance to improve. If the person on probation is not found satisfactory even after the expiry of extended period s/he shall be terminated from the service.

Rule 10. Departmental examination.--

i.         Departmental examination shall be conducted by the Board of Revenue.

ii.        There shall be two papers in the departmental examination and passing marks for each subject shall be 40%.

Paper-1

Service Rules.-- Bihar Service Code, Pension Rules, Juvenile Justice (Care and Protection of Children) Act, 2000 (as Amended 2006), Bihar Juvenile Justice Rule 2012, and Hindi Noting and Drafting.

Paper-2

Financial Rules.-- Treasury Code, Financial Rules, Practice and Procedure, Board Miscellaneous Rules, General Provident Fund Rules, Travelling Allowances Rules.

Rule 11. Confirmation.--

The person appointed on probation shall be confirmed after satisfactory completion of probation period and passing the required Departmental Examination.

Rule 12. Seniority.--

Inter-se seniority of the member of the cadre shall be according to their merit position determined by the Commission but the inter-se seniority decided before notification of these Rules shall remain unchanged:

Provided that the person appointed on the basis of compassionate ground shall be junior to such persons who have been appointed on the basis of competitive examination in the concerned recruitment years:

Provided also that in any recruitment year the person appointed through promotion shall be senior to the direct recruited person appointed through competitive examination in that particular recruitment year.

Rule 13. Promotion.--

Promotion from basic grade to higher grades shall be given on the basis of recommendation of Departmental Promotion Committee constituted by the Social Welfare Department for this purpose.

For every promotion, all candidates would be required to successfully complete the training as specified by the Department/Appointing Authority. If the training programmes would not be completed within the specified time, the candidate will not be debarred from the promotions only on this ground.

Rule 14. Level of cadre.--

This cadre shall be of State level.

Rule 15. Residuary matters.--

Those matters which are not specifically covered by these Rules, the members of this cadre shall be governed by the Rules, Regulations or orders enforced for the appropriate level of the officers/employees of the State Government.

Rule 16. Removal of difficulties.--

If any difficulties arises in giving effect to the provisions of the rules, the Government may be general or special order, make such provisions not inconsistent with the provisions of the said rules as appear to it to be necessary or expedient for removing the difficulty.

Rule 17. Power to relax.--

Where the Government is of the opinion that it is necessary and appropriate to relax the provisions of rules may order by documenting reason for any person or any category.

Rule 18. Interpretation.--

If there is any ambiguity in the interpretation of any provision of these rules, the decision shall be made by Department of General Administration and its decision shall be final.

Rule 19. Repeal and Savings.--

(1)     From the date of the provisions of these rules coming into effect, all resolutions, orders, circulars hereinbefore related to this cadre shall be deemed repeal.

(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 the powers conferred by or under these Rules as if these Rules came into force on the day on which such work was done or such action was taken.