Bihar Agricultural Service Act, 1982

The Bihar Agricultural Service Act, 1982

Bihar Act 41 of 1982

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Published in Bihar Gazette (extraordinary) dated 16.4.1982.

To Validate, Regularise and Regulate the numerous appointments, confirmations and promotions made by department of agriculture, Government of Bihar during the Post-Independence period and on the basis of Circular Letter Nos. D/AG-232/ 53-AGRI-149, dated 13th August, 1953 and D/AG/032/53-AGRI-27652, dated 12th/14th December, 1953 and certain matters connected therewith.

Whereas, during the post-Independence period, the development activities in regard to agriculture were enlarged with consequential increase in the cadre strength of the Bihar Agricultural Service;

Whereas, for the more efficient and scientific development of agriculture, the posts of Bihar Agricultural Service were divided in a number of categories on the basis of the disciplines, duties and functions, as set out in Schedule I attached hereto;

Whereas, in the interest of better specialisation, the posts in the different categories were not permitted to be interchangeable from one category to another and each category remained separate and distinct for the purposes of appointment, confirmation and channel of promotion;

Whereas, the abovementioned decisions were communicated through letter nos. D/AG-232/53-Agricultural. R-149, dated August 13, 1953 and D/AG-032/53-Agricultural-27652, dated 12th/14th December, 1953 and have been followed ever since;

Be, it enacted by the Legislature of the State of Bihar in the Thirty-third year of the Republic of India as follows:-

1. Short title, extent and commencement.- (i) This Act may be called the Bihar Agricultural Service Act, 1982.

(ii) It extends to whole of the State of Bihar.

(iii) It shall be deemed to have come into operation on 12th of August, 1953.

2. Various categories of Agriculture Service.- (a) Notwithstanding anything contained to the contrary in any judgement, decree or order of any court, the posts of Bihar Agricultural Service shall consist of the various categories, specified in Schedule I.

(b) The State Government shall have the power to add or alter or delete any post from the category of posts in Schedule I by notification in Official Gazette.

3. Appointment, confirmation and promotion in each category.- The appointment, confirmation and promotion in each category shall be made separate and distinct and the posts in the different categories shall not be interchangeable from one category to another.
4. Validity of appointments, confirmations and promotions.- Notwithstanding anything contained to the contrary in any judgement, decree or order of any court or any rule all appointments, confirmations and promotions in pursuance of the letter no. D/AG-232/53 Agricultural-R-149, dated August 13, 1953 and memo. no. D/AG/032/53-Agricultural-27652, dated 12th/14th December, 1953, shall be deemed to have been validly made as if this Act were in force on such date or dates.
5. Repeals and Savings.- (1) The Bihar Agriculture Service Ordinance, 1982 (Bihar Ordinance No. 34 of 1982) is hereby repealed.

(2) Notwithstanding such repeal any action taken or any act done in pursuance of that Ordinance shall be deemed to have been taken or done under the provisions of this Act as if this Act were in force at the relevant period when such action was taken or done.

Schedule-I