Bihar Secretariat Service Act, 2007

(1) This Act may be called Bihar Secretariat Service Act, 2007. (2) It shall extend to the Departments and Attached offices of the State Government. (3) It shall come into force at once.

In this Act, unless the context otherwise requires,— (i) "Act" means "The Bihar Secretariat Service Act, 2007"; (ii) "Service" means the Bihar Secretariat Service, constituted under this Act; (iii) "Government" means the Government of Bihar; (iv) "Member of Service" means a person appointed to any post of the service; (v) "Year" means the Financial Year; (vi) "Schedule" means the Schedule appended to this Act, which may be amended from time to time by the Government; (vii) "State Government" means the State Government of Bihar; (viii) "Cadre" means the Bihar Secretariat Service Cadre, which is constituted under this Act; (ix) "Appointing Authority" means the Authority competent to make appointment to the Service, as designated by the State Government. In the Act, unless the context otherwise requires- (i) 'Act' means the Bihar Secretariat Service Act, 2007; (ii) 'Secretariat Service' means the posts of Secretariat Assistants, Section Officers grade and the posts of Under-Secretary and Deputy-Secretary promoted from them and such other posts which may be included in this from time to time; (iii) 'Attached offices' means the attached offices as specified by the State Government; (iv) 'Government' means the Personnel & Administrative Reforms Department of the State Government of Bihar; (v) 'Grade' means the grade specified in section-4; (vi) 'Appointing Authority' means Secretary, Personnel & Administrative Reforms Department in respect of Assistants and the Governor of Bihar in respect of higher grades or Posts; (vii) 'Appointed day' means the date of coming into effect of this Act; (viii) 'Cadre Controlling Authority' means the Personnel & Administrative Reforms Department of the Government of Bihar for all purposes; (ix) 'Direct recruit' means a person recruited on the basis of a competitive Examination held by the Bihar Staff Selection Commission; (x) 'Rules' means the Rules made under section-19 of this Act.

There shall be a Service to be called the Bihar Secretariat Service and it shall be composed of the following posts: (i) Under Secretary; (ii) Section Officer; (iii) Assistant Section Officer; (iv) Personal Assistant. Notwithstanding anything contrary in the decision, decree or order of a court or Rules or instructions, the Bihar Secretariat Service is constituted in place of Joint cadre of Assistants of Secretariat and attached offices. The Assistants and holders of higher posts of Joint cadre of Assistants of Secretariat and attached offices appointed and promoted earlier shall be deemed to be automatically the members of the Bihar Secretariat Service.

The State Government may, from time to time, for the purpose of the Service, create as many posts as may be required. The following grade of posts shall exist in this service- (i) Assistant (ii) Section Officer and equivalent (iii) Under Secretary and equivalent (iv) Deputy-Secretary and equivalent (v) Such other grades or posts, which may be included in this service from time to time.

Subject to the provisions of this Act, the rules regulating the appointment and conditions of service of the Secretariat Service shall remain in force. There shall be a single combined gradation list for all Departments and attached offices, which shall be maintained by the cadre controlling Authority.

(1) All appointments of the members of the Service, under this Act, shall be made by the Appointing Authority on the recommendation of the Committee constituted by the State Government. (2) The Committee as referred to in sub-section (1) shall be constituted in the manner as may be prescribed by the State Government, and its tenure shall be as determined by the Government. (3) The Appointing Authority and the Committee shall function in accordance with the rules made under this Act. (1) The authorised strength of the service shall be according to the strength of the respective grades mentioned in section 4 for the erstwhile joint cadre of assistants just prior to coming into effect of this act, which shall be notified in the official gazette and shall be deemed to be revised automatically according to creation or abolition of posts or otherwise, as may be necessary from time to time. (2) On the basis of sanctioned strength of the service determined under sub-section (1), the identification of posts in the government departments as well as in the attached offices shall be done by the cadre controlling authority through a notification in this regard. (3) New posts in the service may be created continuously in consultation with the cadre controlling authority. (1) The authorised strength of the service shall be according to the strength of the respective grades mentioned in section 4 for the erstwhile joint cadre of assistants just prior to coming into effect of this act, which shall be notified in the official gazette and shall be deemed to be revised automatically according to creation or abolition of posts or otherwise, as may be necessary from time to time. (2) On the basis of sanctioned strength of the service determined under sub-section (1) the identification of posts in the government departments as well as in the attached offices shall be done by the cadre controlling authority through a notification in this regard. (3) New posts in the service may be created with the prior approval of the cabinet in consultation with the cadre controlling authority.

(1) In making appointment to the service, the reservation policy of the State Government shall be followed, as may be applicable for the time being. (2) The roster for reservation shall be maintained in the manner as may be prescribed. (1) The cadre controlling authority may delegate some of the powers of the cadre controlling authority to the commissioner & secretary/secretary of a Department or the Head of the Department by notification in official gazette. (2) The members of the Service of any grade shall remain under the operational control of the Departments/Offices in which they are posted. (1) The cadre controlling authority may delegate some of the powers of the cadre controlling authority to the commissioner & secretary/ secretary of a Department or the Head of the Department by notification in official gazette. (2) The members of the Service of any grade shall remain under the operational control of the Departments/Offices in which they are posted.

The State Government shall determine the number of vacancies in the Service on the basis of the sanctioned strength. The provisions of reservation determined by the State Government from time to time shall remain in force in the recruitment/promotion in this service.

(1) (i) No person shall be appointed to the service, unless he possesses the minimum qualification and experience as prescribed by the rules. (ii) No person shall be appointed to the service, who does not fulfill the requirements for the service as determined by the rules. (2) The procedure for selection and appointment shall be as specified in the rules. (3) The State Government may, in public interest, transfer any member of the service to any other department or office of the State Government. (1) (i) Seventy five percent of posts in the grade of Assistant shall be filled by direct recruitment on the results of competitive examination held by the Bihar Staff Selection Commission for this purpose from time to time. (ii) The remaining 25 percent posts shall be filled by promotion from the Upper Division Clerks of the Bihar Secretariat Clerical Service. Such promotion shall be made on the basis of seniority on the recommendation of the Departmental promotion Committee constituted for this purpose. (1) (i) Seventy five percent of posts in the grade of Assistant shall be filled by direct recruitment on the results of competitive examination held by the Bihar Staff selection Commission for this purpose from time to time. (ii) The remaining 25 percent posts shall be filled by promotion from the Upper Division Clerks of the Bihar Secretariat Clerical Service. such promotion shall be made on the basis of seniority on the recommendation of the Departmental promotion Committee constituted for this purpose. (2) The qualification, procedure, syllabus etc. for the competitive examination for the purpose of clause (i) of subsection (1) of this section shall be determined by the cadre controlling authority according to rule/regulation made in consultation with the Bihar Staff selection Commission. (3) Persons appointed and working as Assistants of the joint cadre of Assistants of the Secretariat and attached offices on the appointed day shall be deemed to be automatically included in this grade: Provided that from amongst such Assistants who have been deemed to be automatically included in this service on the appointed day, the Assistants having age below 45 years shall be required to pass the test for competency in typing on typewriter and typing on computer within two years from the appointed day. In case such competency is not obtained within the said period they will not become eligible for further annual increments.

The State Government may frame rules for carrying out the purposes of this Act. All such rules, after being framed, shall be notified in the official gazette for information. Every person directly recruited to the grade of Assistant shall initially be appointed on probation. The period of probation shall be of two years from the date of appointment. The period of probation may, if the appointing authority deems fit, be extended but the total period of extension of probation shall not in any case exceed three years. In case of service being unsatisfactory in the extended period also, the service of the person may be terminated.

(1) The seniority of the members of the service shall be determined in accordance with the rules framed by the State Government. (2) In case of any dispute regarding seniority, the decision of the State Government shall be final. (1) During probation the person appointed by direct recruitment may be required to undergo such training and to pass such departmental examination as the cadre controlling authority may from time to time prescribe. (2) The members of the service would not be considered for further promotion if they have not undergone a training course organised at the Administrative Training Institute or such other institute; Provided that the cadre controlling authority may relax this requirement if for some reasons it is not possible to organize such training.

(1) Promotion to the posts in the service shall be made on the basis of merit-cum-seniority in accordance with the rules. (2) The process for promotion shall be as prescribed. (3) The decision taken by the committee constituted under this Act regarding promotion shall be taken in accordance with the rules. (1) A person appointed on probation, after satisfactory completion of the probation period as well as on completion of required training and on passing of required Departmental Examination and passing the test for competency in typing on typewriter and typing on computer shall be confirmed by the appointing authority. (2) No increments after the first initial increment shall be admissible to a person appointed on probation without passing the test for typing and computer competency. (3) The Departmental Examination as per provision made in sub-section (1) of this section and the test for typing and computer competency as per provision made in proviso to sub-section (3) of section 9 and sub-section (1) of this section shall be conducted by the Board of Revenue for which the syllabus and qualifying marks etc. shall be determined by the cadre controlling authority according to Rules/ regulation in consultation with the Board of Revenue.

(1) Every person appointed to the service shall be on probation as per the rules. (2) The period of probation may be extended if necessary, as per the rules. (1) The promotion to the different grades in the service shall be given on the recommendation of the Departmental Promotion Committee constituted by the State Government. (2) The minimum qualifying service i.e. "Kalawadhi", for such promotions shall be as determined by the Personnel & Administrative Reforms Department from time to time.

(1) The disciplinary action against any member of the service shall be taken in accordance with the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005. (2) The procedure for disciplinary proceedings shall be as prescribed in the rules. (3) The following penalties may be imposed: (i) warning; (ii) withholding of increments; (iii) reduction to a lower post; (iv) recovery of loss; (v) compulsory retirement; (vi) removal/dismissal from service. (1) Appointment to the grade of Section Officer shall be made as follows: (a) Eighty per-cent of the posts in the grade of Section Officers shall be filled by promotion from the grade of Assistants on the recommendation of the Departmental Promotion Committee. (b) The remaining twenty per-cent of posts shall be filled through a Limited Competitive Examination conducted by the Bihar Public Service Commission from amongst the Assistants who are confirmed in the service and have rendered continuous service more than five years in the grade of Assistants. (2) The procedure, syllabus etc. for the Limited Competitive Examination shall be determined by the cadre controlling authority according to Rules/regulation in consultation with the Bihar Public Service Commission. (3) Persons appointed and working as Section officers of the Joint Cadre of Assistants of the Secretariat and attached offices on the appointed day shall be deemed to be automatically included in this grade. (b) The remaining twenty per-cent of posts shall be filled through a Limited Competitive Examination conducted by the Bihar Public Service Commission from amongst the AssisAnts who are confirmed in the service and have rendered continuous service more than five years in the grade ofAssistants. (2) The prdcedure, syllabus etc. for the Limited Competitive Examination shall be determined by the cadre controlling authority according to Rules/regulation in consultation with the Bihar Public Service Commissioir. (3) Persons appointed and working as Section offtcers of the Joint Cadre ofAssistants of the Secretariat and attached offrces on the appointed day shall be deemed to be autornatically included in this grade.

(1) (a) The Bihar Secretariat Service Rules, 2007 and any other rules governing the service are hereby repealed. (b) Any action taken under the previously existing rules shall be deemed to have been taken under this Act. (2) Notwithstanding the repeal, the rights and privileges accrued to the members of the service under the old rules shall remain protected. (1) Vacancies in the grade of Under-Secretary shall be filled by promotion from the grade of Section officer. (2) Persons appointed and working as Under-Secretary of the Joint Cadre of Assistants of the Secretariat and attached offices on the appointed day shall be deemed to be automatically included in this grade. (1)Vacancies inthe grade of Under-Secretary shall be filled by promotion froflr the grade of Section officer. (2) Persons appointed and rvorking as Under-Secretery ofthe Joint Cadre ofAssistants of the Secretariat and attached offices on the appointed day shall be deemed to be automatically included in this grade.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything which is not inconsistent with the provisions of this Act. (1) Vacancies in the grade of Deputy-Secretary shall be filled by promotion from the grade of Under-Secretary. (2) Persons appointed and working as Deputy Secretary of the Joint Cadre of Assistants of the Secretariat and attached offices on the appointed day shall be deemed to be automatically included in this grade.

The opinion of the State Government on any question concerning the interpretation of this Act or the rules framed thereunder shall be final. The members of the service may be also posted to posts other than the posts identified in sub-section (2) of section 6 of this Act and deputation also may be made to equivalent posts.

(l) The relative seniority of rnembers of the Service appointed to any grade before the appointed day shall be regulated by their relative seniority as determined before that day; Provided that if the seniority of any such member or members of the service had not been specifically determined before that day, it shall be determined by the cadre controlling authority. (2) All offrcers automatically included in a grade shall rank senior to all officers appointed to that grade rvith effect from any date after the appointed day. (3) The seniority of persons appointed to any grade after the appointed day shall be regulated in the following manner:- (i) Assistant grade. (a) The direct recruit shall be ranked inter-se only in the order of merit in which they are placed in the merit list of the Bihar Staff Selection Commission. They shall be ranked junior to the persons appointed through promotion against r':.;ancies in a particular year. (b)The inter-se seniority of persons appointed by promotion shall be determined according to the date of promotion. (ii) Section Officer Grade -(a) The officers appointed through limited competitive examination shall be ranked inter-se in the order of merit in which they are placed at the competitive examination on the results of which they are appointed, the appoihtee of an earlier examination being ranked senior to those of a later examination. (b) The inter-se-seniority of the officers appointed by promotion after the appointed day shall be regulated by such order in rvhich they are so appointed and shall be determined according to their seniority in the Assistants grade. (c) The officers appointed through limited competitive examination shall rank senior to the oft-rcers appointed by a promotion against vacancies in a particular year. (iii) Under-secretry, Deputy-secretary etc.-The inter-se seniority of offieers pmtnoted to this grade after the appointed day shall be regulatcd by such order under which they are so appointed. (4) In case of undue delay in the conduct of exarirination, receipt of recommsdation or overlap of such examinations or recommendations, thq seniority may be determined by the cadre controlling authority.

No suit or legal proceeding shall lie against any officer for anything done in good faith under this Act. (l) The State Government shall have the powers to make Rules to implement the provisions of this Act. (2) The Cadre Controlling Authority may make such regulations which are not inconsistent to this Act or the Rules rnade under theAcf for the purpose of making nccessary orconsistent provision on all subjects for the efrective implementation of the Act and the Rules.

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. Withregard to mattens not specifically oovered by thoAct or the Rules made under the Act or by Regulations or Orders made or issued{hereuidcr or by special orders the membcrs of the Service shall be governed by the Rules, Regulations and Orders applicable to the officers/employ€es of the State Govemrrrent at appropriatc lwel.

The State Government may issue necessary instructions for the effective implementation of this Act. The Govemment may, fiom time to time, is$lc such general or special direction as may be necessary to rpmole difEculties in the operdion of any of the provisions of this Act.

The official language of this Act shall be Hindi; however, for all official purposes, the English version shall also be authentic. Wher€ the Govemment is of the opinion that it is rrecerraryor expedient so to do; it rnay, by order, for reasons to be recorded in $niting rela,x any of the provisions of this Act with respect to any class or category of peisons or posts.

Any person holding a post in the Secretariat immediately before the commencement of this Act shall continue to hold the same until otherwise decided by the Government. Wherc any doubt arises as to the interpretation of any of the provisions of this Act or the Rules made under it, or the Regulations made thereurdei, the same shall be decided by the cadre cdnholling authuity whose decision thereon slnll be final.

(1) The Bihar Secretariat Service (Recruitment and Conditions of Service) Rules, 2007 (or any corresponding rules) shall continue to be in force until replaced by new rules. (2) Any reference to the old rules shall be deemed to be a reference to the corresponding provisions of this Act. (l) The Joint Cadre ofAssistants ofSecrptariat andAfiached officesAct, l9S9 (BiharAct 9 of 1989),the Joint Cadre of Assistants of Secretarht and Attached offices(Arnendment) Act, 1993 (Bihar Act 24 of 1993) and the Joint Cldre of Assistants of Secretariat and Attached offices Rules, 1992 (as amended from time b time) are hereby r€pealed. (2) Notrndthstanding such repeal, any thing done or any actiontaken inthe exqpise of any power conferred by or under the saidActs and'thc Rules shall be d€emed to.hnrp besn done or taken in the orercise ofthe powers conferred by or under this Act or the Rulcr made under this Act as if this Act or the Rulcs made under this Act were in force on the day on which such thing or action was done or taken.