Rule, 2015

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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The 26 th August 2015 No. 11@,e0¼ Lok 0½ &14@2013&716¼11½—In exercise of powers conferred by proviso to Article -309 of the Constitution of India, the Governor of Bihar is pleased to make the following Rules to regulate appointment and service conditions in the Malaria Inspector Cadre under the Health Department.

1. Short title, extent & commencement. - (1) These Rules may be called as the “Bihar Malaria Inspector Cadre Rules, 2015.”

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

(3) It will come into force at once.

2. Definitions. - In these Rules, unless otherwise required in the subject or context.

(i) ‘ Government’ means Bihar State Government ;

(ii) ‘ Department’ means Health Department ;

(iii) ‘Commission ‘ means Bihar Staff Selection Commission;

(iv) ‘Appointing Authority’ means Director-in-Chief, Health Services, Bihar;

(v) “Directorate” means Directorate, Health Services, Bihar;

(vi) "Cadre" means The Bihar Malaria Inspector Cadre;

(vii) “Vacancy Year” means the period from 1st April to 31st March; and

(viii) “Appendix” means appendix appended to these Rules.

3. Constitution of cadre. - The Bihar Malaria Inspector Cadre shall be State level. In this cadre, number of posts in every category and total number of posts of the cadre shall be as many as are sanctioned by the Government, from time to time.

4. Chain of Posts of the cadre. - Different categories/chain of posts of this cadre shall be according to appendix-1.

5. Recruitment. - Appointment of this cadre shall be, by direct recruitment, to the posts (Malaria Inspector) of basic category on the basis of recommendation of the Commission.

6. Qualifications. - (1) For appointment, by direct recruitment, to the posts of basic category minimum educational qualification shall be Graduate in Science or its equivalent faculty from a recognized University.

(2) For direct recruitment in the Bihar Malaria Inspector Cadre, minimum age limit shall be 21 years and maximum age limit shall be the same as may be determined reservation category-wise, by the Government, from time to time. st August of the concerned year shall be deemed to be the cut off date for determination of age.

7. Procedure of Recruitment. - (1) The appointing authority, after calculating vacancy on the basis of position on 1 st April of the year and getting roster cleared, shall send reservation category-wise requisition to the Commission latest by 30 th April.

(2) The commission shall add these requisitioned vacancies in the vacancies for Graduate Level Competitive Examination according to Bihar Staff Selection Commission (Conduct of Examination) Rules, 2010 and accordingly advertise these requisitioned vacancies also. The Commission shall determine the procedure and syllabus of Examination.

(3) The Commission shall prepare the merit list on the basis of result of the Graduate Level Combined Competitive Examination and after preparation of merit list, shall cause preliminary scrutiny of the Certificates and medical check-up with the co- operation of the Appointing Authority, and thereafter shall send reservation category-wise final recommendation in accordance with the requisitioned vacancies to the Appointing Authority. At the level of the Appointing Authority also, antecedents of candidates shall be caused to be verified after scrutiny of certificates.

(4) After recommendation of the Commission, compliance of instructions issued by the Government, from time to time, with respect to procedure of appointment, shall be necessary.

8. Probation period. - After appointment, the candidates will be on probation. Probation period will be of two years. In case of the service not found satisfactory during probation period, the probation period may be extended on the basis of merit for one year. If the service is not found satisfactory in extended period also, then the Appointing Authority may terminate the service of such Malaria Inspector. No notice is required to be given for that purpose. A reasoned order of termination from service will however be communicated to him in writing.

9. Training. - During probation period, the probationer Malaria Inspector shall have to successfully complete such training as may be determined by the Department.

10. Departmental Examination. - (1) The Malaria Inspector shall have to pass the departmental examination held by The Department. The syllabus of departmental examination will be determined by the Department.

(2) Further increment after the first increment will be admissible only after, passing the prescribed departmental examination.

11. Confirmation. - On being satisfactory service in the probation period, successful completion of training and passing of departmental examination, a Malaria Inspector may be confirmed in the service.

12. Seniority. - The inter-se seniority of Malaria Inspector shall be determined according to the merit list prepared by the Commission.

13. Chains of Promotion. - (1) Subject to availability of vacancy, confirmed Malaria Inspectors may be considered to be promoted according to the merit cum-seniority.

(2) For promotion, compliance of instructions with respect to “KALAWADHI” issued by the Government, from time to time, shall be necessary.

(3) Compliance of instructions issued by the Government, from time to time, with respect to promotion and character Roll/P.A.R., allegation/departmental proceedings/ criminal proceedings etc., shall be required at the time of consideration of promotion.

14. Departmental Promotion Committee.- Promotions may be considered on the basis of recommendations of the Departmental promotion Committee. The Departmental Promotion Committee shall be constituted by the Department.

15. Reservation. – It shall be necessary to comply the Rules of Reservation of the Government and reservation roster in recruitment and Promotion.

16. The chain of posts mentioned in Appendix-1 shall be effective only after approval of the Government. If, in course of consideration of approval, any change or amendment is made by the Government in the chain of posts mentioned in Appendix-1, then the Appendix-1 shall be deemed to be changed or amended accordingly and such changed /amended chain of posts shall be deemed to be the part of these Rules.

17. The personnel already appointed/promoted and working on the posts of this cadre mentioned in Appendix-1, before coming into force of these Rules shall be deemed to be automatically included in this cadre.

18. Residue matters. - The subjects for which The Provisions have not been made in these Rules, The provisions of concerned codes/Rules/ Resolutions/Instructions of the Government shall apply.

19. Interpretation. - If any difficulty arises with respect to the interpretation of any provision of these Rules, it shall be determined by the Department and in consultation with the Law department and in this respect decision of the department shall be final.

20. Removal of difficulties. - If any difficulty arises in implementation of provisions of these Rules, the may remove such difficulty by general or special order which is not inconsistent with the provisional of these Rules after consultation of the Law Department.

21. Repeal & Savings. - (1) The Rules, Resolutions, Instructions, orders etc. issued earlier, are here by repealed.

(2) Notwithstanding such repeal, any decision taken or any action taken under the said Rules, resolutions, orders, instructions etc shall be deemed to be done or taken under these Rules, as of that these Rules, were in force on the date on which such a thing was done or such an action was taken.

By order of the Governor of Bihar, Joint Secretary to Government.

Appendix - 1 [See Rule 2 (viii), 4, 13, 16, 17] Chain of posts/categories in Bihar Malaria Inspector Cadre Sl. No. categories Name of Posts Remarks 1- Basic category Malaria Inspector 2- First Chain of post Senior Malaria Inspector 3- Second Chain of Post Malaria Inspector Supervisor 4- Third Chain of Post Senior Malaria Inspector Supervisor Note :- The Pay Band and Grade Pay of all aforesaid categories shall be the same as may be determined by the Government, from time to time.

By order of the Governor of Bihar, Joint Secretary to Government.

Website: http://egazette.bih.nic.in