Bare Act
The Bihar State Archaeology & Museum Service Rules, 2014
1. Short title, extent and commencement
- (1) These rules may be called the Bihar State Archaeology and Museum Service Rules 2014. (2) It shall extend to the whole of the State of Bihar. (3) It shall come in to force at once.
2. Definitions
In these rules, unless otherwise requires in the context - (i) ''State Government'' means the Government of Bihar. (ii) ''Governor" means the Governor of Bihar. (iii) " Department" means the Department of Art, Culture and Youth. (iv) ''Commission'' means the Bihar Public Service Commission. (v) "Appointing Authority" means the Government of Bihar. (vi) "Controlling Authority" means the Department of Art, Culture and Youth. (vii) "Directorate" means the Directorate of Archaeology and the Directorate of Museums, Bihar. (viii) "Service" means Bihar Archaeology Service under the Directorate of Archaeology and Bihar Museum Service under the Directorate of Museums. (ix) "Member" means a person appointed in the Bihar Archaeology Service or Bihar Museum Service. (x) "Seniority list” means the seniority list to be prepared for the Bihar Archaeology Service of the Directorate of Archaeology and Bihar Museum Service under the Directorate of Museums. (xi) "Probationary officer” means the new recruited officer under training appointed against the permanent post in the basic category of the Bihar Archaeology Service and the Bihar Museum Service. (xii) "Subordinate Service" means the service of the Senior Technical Assistant/ Technical Assistant/ Gallery Assistant/ Research Assistant/ Guide/ Numismatist / (Subordinate Service Officer) appointed in the headquarters of the Directorate of Archaeology and in the headquarters and regional offices of the Directorate of Museums, under the Department of Art, Culture and Youth, Bihar.
3. Constitution of the service
- (1) This service shall be the state service under the administrative control of the Department of Art, Culture and Youth. (2) Posts of different category of this service shall be as per the schedule-I and the pay scales of the said posts shall be the same as may be determined by the government, from time to time. (3) The government shall determine the strength and the designation of the different categories of this service by publishment of the notification in the official gazette and sanction the creation and deletion of the permanent/temporary posts in this service. (4) The officers already appointed and working to the posts mentioned in the schedule shall be considered automatically as the members of this service from the date of commencement of these rules.
4. Source of Recruitment
- (1) Except as otherwise provided, recruitment to this service shall be made in the following manner: (a) By direct recruitment in accordance with the provisions of Chapter 3 of these rules. (b) By promotion in accordance with Chapter 4 of these rules.
5. Reservation
- (1) The provisions of the Reservation Act as prescribed from time to time by the State Government for State services shall be applicable for appointment and promotion in the service.
6. Determination of vacancies and informing the Commission
The administrative department shall determine the number of vacancies to be filled by direct recruitment in this service on 1st April of each year and shall send the requisition of such determined vacancies to the Commission by 30th April. If in any year, action to send a requisition or fill the post by direct recruitment is not taken, then the calculation of posts to be filled by direct recruitment shall still be done year-wise and after treating it as the previous year's vacancy, it shall be carried forward for the next year.
7. Source of Direct Recruitment
- (1) 75 percent of the posts of the basic category of this service shall be filled by direct recruitment.
8. Qualifications for the direct recruitment
- (1) Age of the candidate- The minimum age shall be 21 years and the maximum age shall be the same as may determine by the General Administrative Department of the State Government. (2) Minimum educational qualification of the candidates:- Essential qualification:- The post graduate degree in the Ancient Indian History and Culture/Archaeology or Ancient Indian and Asiatic Studies/Ancient Indian History and Art History, post graduate diploma in Museology/post graduate diploma in Archaeology with minimum 55% marks.
9. Basis of selection
The posts of the basic category of this service shall be filled by the Commission through examination/interview in the light of the requisition made by the department.
10. Subjects and Syllabus of Examination
- (1) The subjects and syllabus of the examination/interview conducted by the Commission shall be determined by the Department in consultation with the Commission according to the subject of essential and desirable qualifications.
11. Medical examination
Each candidate selected for the appointment shall have to undergo the medical examination before a Medical Board constituted by the state government. Those candidate who will fail to satisfy the medical board, with regard to his/her physical fitness as required by effective execution of the duties supposed to be undertaken by him shall not be appointed. The Medical Board will itself formulate objective criterion for this purpose.
12. Recommendation of the candidates by the Commission
- (1) The Commission shall prepare a merit list of the candidates on the basis of the marks obtained in the written examination and the interview. Out of the list so prepared, the Commission shall recommend only such number of candidates as requisitioned against the vacancies. In case of any candidate not joining the service that the name of the other candidate from the list can be recommended as per the order of the merit list. (2) The merit list received from the Commission shall be valid only for one year from the date of its receipt in the department.
13. Source of recruitment by promotion
- (1) 25 percent of the posts of the basic category of this service shall be filled by promotion in light of the recommendation made on the basis of seniority-cum-merit by the Departmental Promotion Committee constituted under the chairmanship of the Chairman/Member of the Bihar Public Service Commission, from among the personnel appointed and working on the posts of Senior Technical Assistant/Technical Assistant, Gallery Assistant, Guide, Numismatist (Subordinate Service Officer) in the Museum Directorate and regional offices under the Art, Culture and Youth Department. (2) With the effect of the commencement of these rules, the members of this service previously directly appointed to higher posts other than the basic category of this service shall be considered as posted on the concerned post in a substantive capacity, and posts of higher category than this shall be filled by their promotion on the basis of seniority-cum-merit as per their post strength. (3) Promotion from non-gazetted officers (Subordinate Museum Service and Subordinate Archaeology Service) to gazetted posts of basic category in this service shall be done on the basis of the Commission's recommendation in accordance with the provisions of Rule 7(c) of the Bihar Public Service Commission (Limitation of Functions) Regulations.
14. Promotion to higher posts
- (1) The first category of promotion, second category, and Director, Archaeology/Director, Museum, Bihar will be the cadre posts of the third category of promotion of the service and these posts shall be filled by appointment through promotion of the senior-most and competent officer, whose pay scale shall be determined on the basis of posts/designation by the Finance Department: Provided that, in the absence of minimum period or competent officer, the Government may also appoint by direct recruitment to the post of Director, Archaeology/Director, Museum, Bihar, for which the qualifications, experience and other eligibility shall be as follows: (i) Post Graduate Degree in Ancient Indian History and Culture/Archaeology or Ancient Indian and Asian Studies/Ancient Indian History and Art History, with 55% marks. (ii) Minimum 15 years of experience of working on a gazetted cadre post in a Museum or Archaeology offices/institutions.
15. kalawadhi for promotion
The minimum “kalawadhi” for the promotion shall be determined in accordance with the rules issued by the General Administration Department. All the posts shall be the cadre posts and shall be filled by promotion.
16. The Departmental Promotion Committee
On the recommendation of the Departmental Promotion Committee, the promotion shall be considered. The Departmental Promotion Committee shall be constituted separately as per the resolutions/circulars issued from time to time by the General Administrative Department. For the promotion to the highest pay scale, the Departmental Promotion Committee shall be constituted in the chairmanship of the Chairman of the Bihar Public Service Commission or a member nominated by him, not below the rank of Deputy Secretary.
17. Seniority
- (1) The determination of mutual seniority of employees appointed by direct recruitment shall be done on the basis of the merit list prepared in order by the Commission. (2) Any member of this service appointed on the basis of promotion in the basic category will be senior to any person appointed by direct recruitment in the same year, even if the process of appointment by direct recruitment has been completed earlier.
18. Probation period
- (1) Every officer appointed against a substantive post shall remain on probation for a period of two years from the date of joining. (2) The Government may terminate the appointment of any such officer recruited to this service during the probation period or at the time of its completion, if the said officer is for any reason not fit for appointment in this service. (3) The syllabus for training may be determined in consultation with the Administrative Training Institute, and every trainee shall have to receive mandatory training prescribed in various departments. (4) The examination shall be conducted by the Central Examination Committee (Board of Revenue) in accordance with the Departmental Examination Rules for Departmental Examination of Gazetted Officers, 1961. (5) Confirmation, annual salary increment, and promotion shall be payable only after passing the departmental examination, but this provision shall not be applicable to members of this service appointed prior to the date of commencement of these rules.
19. Confirmation
The Confirmation of the officers of this service shall be made effective after the fulfilment of the following conditions:- (i) To complete the probationary period successfully. (ii) To obtain training from such institutions as conducted/directed by the department. (iii) Passing of the Departmental Examination conducted by the Board of Revenue in all the subjects determined for this service (Service rules and Account and Hindi).
20. Contract with regard to the scope of work
The government shall have power to appoint or depute any member of this service to even any non-cadre post, which is in conformity with his qualification.
21. Miscellaneous
The service conditions, salary, allowance, leaves, pension and other conditions of this service shall be determined in view of the Bihar Service Code and Bihar Pension Rules.
22. Training
Any member of this service may be sent for the training for a stipulated period in or outside the state.
23. The other service conditions
Other conditions and disciplinary actions, leave, admissible pension benefits, etc. for these service which are not covered by these rules or which are not notified separately for these services shall be governed by the provisions of the relevant rules for the offices of the state government.
24. Removal of difficulty
The government may remove any difficulty coming in implementation of any rule of these rules, by notification, which is not in consistent of the provisions of these rules.
25. Repeal and saving
- (1) All earlier rules relating to Bihar State Archaeology and Museum Service and all other related and relevant circulars/decisions are hereby repealed. (2) Not with standing of such repeal, any thing done or any action taken under the said rules, shall be deemed to be done or taken under these rules, as if these were effective on the date on which such thing was done or such action was taken.
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