Probation Period Of Bihar Government Servants Rules, 2024

[28th February 2024]

In exercise of the powers conferred under proviso to the Article 309 of the Constitution of India, the Governor of Bihar is pleased to make the following Rules to regulate the probation period of newly appointed government servents-

Rule - 1. Short title, extent and commencement

(1)     These Rules may be called as the "Probation period of Bihar Government Servants Rules, 2024."

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

(3)     It shall come into force at once.

Rule - 2. Definitions

In these Rules, unless otherwise required in the context,-

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

(ii)      "Government Servant" means a person newly appointed, in the service of the Government of Bihar (except Bihar Judicial Service), according to the provisions prescribed in the relevant service/cadre rules;

(iii)     "Appointing Authority" means the appointing authority as prescribed in the concerned service/cadre rules, constituted for the post held by the concerned Government servant;

(iv)    "Cadre Controlling Authority" means the cadre controlling authority as prescribed in the concerned service/cadre rules constituted for the post held by the concerned Government servant.

(v)      "Department" means the controlling department of the Government servant under consideration under these rules;

(vi)    "Commission" means the Bihar Public Service Commission/Bihar Technical Service Commission/Bihar Staff Selection Commission or any other Commission constituted by the Government for recruitment of government employees;

(vii)   "Central Examination Committee" means the Central Examination Committee under the control of the Board of Revenue for the conduct and regulation of departmental examinations for Government servants appointed to various posts;

(viii)  "Departmental Examination" means the departmental examination as prescribed by the Central Examination Committee for the post held by the Government servant concerned;

(ix)    "Induction Training" means the induction training as prescribed for the post held by the newly appointed government servant concerned.

Rule - 3. Probation period

The government servants, appointed by direct recruitment on the recommendation of the Commission, will be on probation for 01 (one) year. The probation period may be extended for 01 (one) more year, if the service is not satisfactory during the probation period. If the service is not satisfactory even in the extended period, the service may be terminated.

Rule - 4. Training

(1)     A government servant appointed to the service on the recommendation of the Commission will have to undergo induction training as prescribed by the department during the probation period.

(2)     During the training period, the concerned government servant will also have to pass the examination as prescribed by the training institute.

(3)     The duration of induction training will be of 01 (one) year. The one year induction training for all service/cadre employees (except Bihar Judicial Service) selected by the Commission will be divided into the following stages-

(a)      First Phase-Institutional Orientation Program of 02 (two) months for all services/cadres, will be organized by Bipard. Along with the personality development of the trainees, training regarding the general rules (Conduct Rules, Bihar Service Code, CCA Rules, Traveling Allowance Rules, Right to Information, Right to Bihar Public Services, Court Procedure, Legislation Making Procedure, Public/Service Grievance Redressal, Bihar Executive Rules, Retirement Benefits, Bihar Pension Rules, Bihar Finance Rules, Litigation Management and Court proceedings etc) and other contemporary subjects prevalent in the state government, will be imparted in this phase. Bharat Darshan will also be organised for trainees in this phase.

(b)      Second phase- Service related specific training for 03 (three) months for all services/cadres, which will be organized by the concerned cadre controlling department in Bipard or in their own training institute. A nodal officer will be nominated by the concerned controlling department. Bipard will decide the module for training in this phase in consultation with this nodal officer.

(c)      Third phase- Service related 06 (six) months field attachment for all services/cadres, will be decided separately by the concerned cadre controlling department in co-ordination with Bipard. It will be taken into consideration that the trainees should be associated with only those officials in the field, whose duties match with their service related duties. For example, the Revenue Officer should be attached with the Additional Collector/DCLR, the Block Development Officer should be attached with the Deputy Development Commissioner, Assistant Engineer should be attached with Executive Engineer etc. The trainees will also be expected to prepare some projects on topics related to their respective services. In this phase, the trainees should be given independent charge of the posts, subordinate to the post on which he was appointed, to make him familiar with the job requirement of the post to be held by him. For example, a Revenue Officer shall be given independent charge of the post of Circle Inspector and Amin/Revenue employee for one month each as part of training. The provision for giving independent charge of BDO and CO during training is already prevalant for probationers of Bihar Administrative Service.

(d)      Fourth phase- Final institutional training of 01 (one) month for all services/cadres will be organized by BIPARD in BIPARD. In this phase, the trainees will give a presentation of their project work. In this phase, they will also be attached to various departments of the Secretariat for secretariat training.

(4)     For the third phase of training, separate manuals will be prepared by all the administrative departments in coordination with Bipard. The Secretary, Building Construction Department will prepare rule book (manuals) for all works departments in co-ordination with other works departments and Bipard.

(5)     Health Department will prepare rule book (manuals) for Doctor appointed in the State Government in co-ordination with Bipard.

(6)     The cadre contolling department may suitably amend the training period/phase for non-gazetted employees as per the specific requirement of service/cadre.

Rule - 5. Service Confirmation

The service of the government employee shall be confirmed after satisfactory completion of the probation period, completion of prescribed induction training, passing in all the papers of prescribed departmental examination and fulfilling other conditions prescribed for service confirmation in the relevant service/cadre rules.

Rule - 6. Power to relax

The government may relax any provision of these Rules, where the government is satisfied that there are good and sufficient reasons, to be recorded in writing, for the same.

Rule - 7. Over-riding effect

Notwithstanding any provision contained contrary to the provisions of these Rules, in a Service/Cadre Rules of the State Government, the provisions of these Rules shall have over-riding effect.

Rule - 8. Interpretation

Where any doubt arises as to the interpretation of any of the provisions of these rules, the matter will be referred to the General Administration Department, and the decision of the department, after consultation with the Law Department, shall be final.

Rule - 9. Repeal and Saving

(1)     The related provisions of relevant Cadre Rules of the State Government shall be deemed to be repealed. The concerned Department shall amend the relevant Cadre Rules accordingly after getting it vetted by the Law Department.

(2)     Notwithstanding such repeal, anything done or any action taken, under the provisions of the previous resolution/instructions, will be deemed to be done or taken under these Rules, as if it were come into force on such day, on which such thing was done or such action was taken.