Published vide Notification No. 6629/LHG-1555/2001 dated 2nd September, 2005, published in Bihar Gazette (Extraordinary) No. 502, dated 13.9.2005

bh506

Home (Special) Department Notification No. 6629/LHG-1555/2001, the 2nd September, 2005. - In exercise of the powers conferred by proviso to Article 309 of the Constitution of India the Governor of Bihar is pleased to make the following Rules for appointment and promotion in all grades of the Bihar Home Guards Service :-

Short title, Extent and Commencement.- (1) These Rules may be called the Bihar Home Guards Service Rules, 2005.

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

(3) It shall come into force on the date of its publication in the Official Gazette.

Definitions.- In these Rules, unless the context otherwise requires :-

(a) "Bihar Home Guards Act" means the Bihar Home Guards Act, 1947;

(b) "Bihar Home Guards Rules" means the Bihar Home Guards Rules, 1953;

(d) "Governor" means the Governor of Bihar;

(e) "Government" means the Government of Bihar;

(f) "Commandant General" means Commandant General of Home Guards Services of Bihar;

(g) "Additional Commandant General" means Additional Commandant General of Home Guards Services of Bihar;

(h) "Deputy Commandant General" means Deputy Commandant General of Home Guards Services of Bihar;

(i) "Commandant" means Commandant of Home Guards Services of Bihar;

(j) "Headquarter" means the office of Commandant General, Home Guards;

(k) "Home Guards" means a person appointed as a Home Guard volunteer under Section 2(a) of the Home Guards Act, 1947 and under Rule 4 of the Home Guards Rules, 1953;

(l) "Police Manual" means Bihar Police Manual, 1978 (as amended from time to time);

(m) "Department" means the Home (Special) Department of the Government of Bihar.

The duties and responsibilities of the paid employees.- Under the control of the Commandant General, the duties and responsibilities of the salaried officers and employees of the different grade shall be as follows :-

(a) To train the Home Guards to enable them to serve as an auxiliary to the police and generally help in maintaining internal security, to help the community in any kind of emergency, an air raid, a fire, a flood, an epidemic, natural disasters etc. to provide them leadership in discharging the above responsibilities, to maintain high level of discipline and morale in the force and to be responsible for their welfare.

(b) To raise specially trained functional units to provide essential services, such as motor transport, pioneer and engineer groups, fire brigades, nursing and first aid, operation of water and power-supply installations, etc.

(c) Deputation of home guards in accordance with the Home Guards Act/Rules, to provide uniform and accouterments as provided from time to time by the headquarter, to exercise administrative control over them and to ensure financial discipline.

(d) In addition to the above duties to discharge functions as laid down in the Home Guards Act and Rules as well as the Police Manual and to get those Rules implemented.

[4. Salaried posts. - (1) Fifty Percent of the following posts to be filled up by direct recruitment mentioned as salaried post" (i) in Rule 4 of the said Rules shall be earmarked for Home Guards (including daily wages employees, sportsmen).

Sl. No.	Name of the Post, as mentioned in B.H.G. Service Rules, 2005	On promotion/ direct appointment selection post/posting	Earmarked for home guards	Pay scale
1	2	3	4	5
1	Gulm-samadeshek cadres:-
1	SI.No.-3 Gulm Samadeshek (Company Commander)	50% by promotion and 50% by direct appointment	50% post of direct appointment post earmarked for Home Guards (including daily wage employees, sportsmen)	5500-9000/-
2	Havildar Cadre:-
	SI.No.-5 Havildar (Clerk/Instructor)	75% by direct appointment and 25% by promotion	50% post of direct appointment post, earmarked for Home Guards (including daily wage employees, sportsmen)	3200-4900/-
3	Sepoy Cadre :-
	SI.No.-1 Sepoy SI.No.-2 Sepoy (Driver)	Direct appointment	50% post of direct appointment-post earmarked for Home Guards (including daily wage employees, sportsmen)	3050-4590/-

The existing reservation policy for direct recruitment will also be applied on 50% of the earmarked post for the Home Guard and this will not affect the total reservation percentage of each Cadre post for direct recruitment.

(2) There shall be following posts of sub-group "D" of the Bihar Home Guard organization.

Sl.	Designation	Promotion/Direct appointment/selection post	Remarks
1	2	3	4
1	Record Supplier	Direct appointment	50% post earmarked for home guards (including daily wage employees, sportsmen)
2	Daftari	Direct appointment	Do
3	Peon	Direct appointment	Do
4	Mali	Direct appointment	Do
5	Chowkidar (Watch man)	Direct appointment	Do
6	Cook	Direct appointment	Do
7	Panbhar (Water Carrier)	Direct appointment	Do
8	Washer man (Dhobi)	Direct appointment	Do
9	Barber	Direct appointment	Do
10	Sweeper (jhadhookash)	Direct appointment	Do
11	Carpenter	Direct appointment	Do

OLD LAW 6

Appointment and promotion of Sepoy, Sepoy (Driver), Havildar (Clerk)/Havildar Instructor/Havildar (Armourer)/Havildar (Driver).-

(1) Sepoy

(i) The Commandant General will send a requisition of vacancies to Bihar Staff Selection Commission on the basis of which vacancies will be advertised. The physical fitness tests shall be taken by a committee constituted by the Bihar Staff Selection Commission. Thereafter written test shall be conducted by the Bihar Staff Selection Commission. The syllabus for written test and items for physical tests shall be determined by the Department in consultation with the Bihar Staff Selection Commission. Merit list shall be prepared by the Bihar Staff Selection Commission according to the marks obtained in the written test, and accordingly recommendation for appointment as Sepoy will be sent to the Commandant General.

(ii) The Commandant will be the appointing authority.

(iii) the minimum educational qualification shall be metric or equivalent.

(iv) The minimum age limit shall be 18 years and upper age shall be the same as fixed up by the Government from time to time.

(v) Other physical qualifications shall be the same as that prescribed in the Police Manual with respect to Constables.

[(vi)(1) Fifty Percent of the posts for direct appointment shall be earmarked for Home Guards (including daily wages employees, sportsman.)

(2) Appointment of Home Guards (including daily wage employees, sportsman) against the said 50% earmarked posts shall be made subject to the following conditions:-

(a) Those having served/worked in the organization for at least 5 years.

(b) Those having physical fitness and educational qualification prescribed for the post.

(vii) Recruited personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service particulars. Before being confirmed it will be compulsory for the personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service. Under special circumstances, such as illness/accident/preoccupation in flood or draught relief work or in any other important relief and rescue work or in the event of the training course not being organized, probation period may be extended by one additional year.

(2) Sepoy (Driver)

(i) The Commandant General will send a requisition of vacancies to Bihar Staff Selection Commission on the basis of which vacancies will be advertised.The physical fitness tests shall be taken by a Committee constituted by the Bihar Staff Selection Commission.Thereafter written test shall be conducted by the Bihar Staff Selection Commission. The syllabus for written test and items for physical tests shall be determined by the Department in consultation with the Bihar Staff Selection Commission. A merit list of candidates shall be prepared by the Commission accordingly the marks obtained in the written test. The successful candidates shall have to go through the driving test and on the basis of the driving test a final merit list shall be prepared and recommendation will be made by the Commission accordingly.

(ii) The Commandant will be the appointing authority.

(iii) The minimum educational qualification shall be metric or equivalent.

(iv) the minimum age limit shall be 18 years and upper age will be the same as fixed up by the Government from time to time.

(v) Other physical qualifications will be the same as that prescribed in the Police Manual with respect to Constable (driver).

[(vi)(1) Fifty Percent of the posts for direct appointment shall be earmarked for home guards (including daily wage employees, sportsman) under the following conditions.

(a) Those having served/worked in the organization for at least 5 years.

(b) Those having physical fitness and educational qualification prescribed for the post.

(vii) The appointed personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service particulars and the capability for shouldering the responsibilities commensurate with a higher post. Before being confirmed it will be compulsory for the personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service. Under special circumstances, such as illness/accident/preoccupation in flood or draught relief work or in any other important relief and rescue work or in the event of the training course not being organized, the probation period may be extended by one additional year.

(3) Havildar (Clerk), Havildar Instructor, Havildar (Armourer)

(i) For direct recruitment the Commandant General will send a requisition of vacancies to the Bihar Staff Selection Commission on the basis of which vacancies will be advertised. The physical fitness tests will be taken by a committee constituted by the Commission. Thereafter separate written tests will be taken by the Commission in respect to Havildar (Instructor) and Havildar (Clerk). The syllabus and items for physical fitness test shall be determined by the Department in consultation with the Bihar Staff Selection Commission. The test for Havildar (Clerk) will be the same as prescribed in the Police Manual. Merit list will be prepared according to the marks obtained in those tests, and recommendation for appointment as Havildar (Instructor)/Havildar (Clerk) will be sent to the Commandant General.

(ii) To consider promotion to this grade, a departmental promotion committee shall be constituted by the Commandant General.

(iii) The Commandant will be the appointing authority.

(iv) For direct recruitment the minimum educational qualification shall be Intermediate pass or equivalent.

(v) The minimum age limit for direct appointment shall be 18 years and upper age will be the same as fixed by the Government from time to time.

[(vi)(1) The appointment of the Home Guards (including daily wages employees, sportsman) on the 50% of the post for direct recruitment shall be made under following conditions:-

(a) Those having served/worked in the organization for at least 5 years.

(b) Those having physical fitness and educational qualification prescribed for the post.

(vii) The directly appointed personnel shall remain on probation for one year, who after completion of the said period will be confirmed by the Commandant if found suitable for confirmation. The one essential condition for confirmation will be satisfactory service and the capability for shouldering the responsibilities commensurate with a higher post. Before being confirmed it will be compulsory for the directly recruited personnel to successfully complete the basic training. If the basic training is not successfully completed within three years of the date of appointment the Commandant may remove such personnel from service. No representation will be entertained against such removal from service.

(4) Havildar (Driver)

(i) Sepoy (Driver) will be promoted to the rank of Havildar (Driver) according to seniority and fitness.

(ii) Other conditions of promotion shall be the same as prescribed in sub-rule (3) of Rule 5.

Promotion/Selection of Jamadar Head Clerk/Havildar (Clerk) Grade I/Havildar (Instructor) Grade I/Havildar (Armourer) Grade-I/Havildar (Driver) Grade-I.-

(1) Jamadar Head Clerk

(i) Only such personnel of the Havildar (Clerk)/ havildar Instructor/Havildar Grade I, who for two continuous years have satisfactorily discharge the account work and whose service particulars and performance during the said period have been found satisfactory, will be permitted by Commandant General to appear in Departmental Accounts examination. After being successful in the Accounts examination they will be considered for selection to the post of Jamadar Head Clerk, according to seniority, fitness and roster points.

(ii) The appointing authority shall be the Deputy Commandant General.

(iii) The promotion to these posts will be considered by a Departmental Promotion Committee constituted by the Commandant General.

(iv) Minutes prepared by the Departmental promotion Committee will be sent to Commandant General. Thereafter on that basis Deputy Commandant General will issue promotion order.

(v) Other conditions of promotion shall be the same as prescribed in sub-rule (3) of Rule 5.

(2) Havildar (Clerk) Grade I, Havildar (Instructor) Grade I, Havildar (Armourer) Grade I, Havildar (Driver) Grade I

Promotion to these posts will-be considered as prescribed in Rule 4.

Appointment and promotion of Company Commander, Company Commander (Armourer) and Company Commander (Transport), Inspector and Inspector (transport).-

(1) Company Commander, Company Commander (Armourer) and Company Commander (Transport)

(i) For direct recruitment to the post of Company Commander the same criteria shall apply as laid down in Rule 5(1)(i).

(ii) The appointing/promoting authority shall be the Deputy Commandant General.

(iii) For considering promotion to these posts a Departmental Promotion Committee will be constituted by the Commandant General.

(iv) The minutes prepared by the committee will be sent to Commandant General and thereafter on that basis promotion order will be issued by the Deputy Commandant General.

(v) The directly appointed officers will remain on probation for a period of one year, on completion of which if found fit for confirmation they will be confirmed by Deputy Commandant General. The essential condition of confirmation will be satisfactory service and the capability of shouldering responsibilities commensurate with a higher post and passing of Departmental examination.

[(1)(a) The appointment on the 50% posts of the direct, recruitment, which are earmarked for home guards (including daily wages employees, sportsman) shall be made under following conditions :-

(a) Those having served/worked in the organization for at least 5 years.

(b) Those having physical fitness and educational'qualification prescribed for the post.

(2) Inspector and Inspector (Transport)

(i) For considering promotion to these posts a Departmental Promotion Committee will be constituted by the Commandant General.

(ii) On the basis of recommendation of the Departmental Promotion Committee the promotion will be considered and the promotion order will be issued by the Commandant General.

Appointment and promotion of District Commandant, Divisional Commandant and Senior Divisional Commandant.-

(1) District Commandant appointed by direct recruitment

(i) The 50% posts of cadre strength will be filled up by direct recruitment and rest 50% posts will be filled up by promotion from Inspector.

(ii) The appointment/confirmation/promotion/training/fn/er-se seniority/ inter-se seniority viz-a-viz Officers appointed by promotion and other service conditions would be according to the Rules and procedures as laid down by the Government for the cadre of Deputy Superintendent of Police.

(iii) For direct recruitment the minimum and maximum age limits and physical/educational qualifications/probation period etc. shall be the same as that of the directly appointed officers of the cadre of Deputy Superintendent of Police.

(2) Promotion to the post of District Commandant

(i) The minimum educational qualification for promotion from the rank of Inspector to District Commandant shall be Graduate.

(ii) For consideration of promotion of Departmental Promotion Committee shall be constituted under the chairmanship of the Chairman/Member of the Bihar Public Service Commission.

(3) Divisional Commandant/ (4) Senior Divisional Commandant

The promotion to these posts and other service conditions shall be regulated according to Rules and procedures as laid down by the Government.

Appointment to Steno (typist), Record Keeper.- (i) Appointment to these posts will be done on the recommendation of the Bihar Staff Selection Commission.

(ii) The Deputy Commandant General will be appointing authority.

(iii) For these posts the eligibility, service conditions etc. will be as provided for in the relevant Government Rules.

Appointment to Group "D" posts.- (i) Posts will be filled by direct recruitment.

(ii) Appointing authority shall be the Commandant.

(iii) The recruitment to these posts will be done by a Selection Committee constituted by the Commandant General under the chairmanship of Commandant. This will include two Divisional Commandants, out of which one will be member of SC/ST.

(iv) For these posts the eligibility, service conditions etc. will be the same as provided for in the relevant Government Rules.

[(v) The 50% post of group-D, earmarked for Home Guards (including daily wages employees, sportsman) shall be filled-up on the recommendation of the committee constituted under the chairmanship of Commandant, Bihar Home Guards Headquarter, Patna.]

Orders issued by the Commandant General from time to time.- As provided in Sections 7 and 12 of the Police Act and in Rule 8 of the Police Manual the Commandant General may, from time to time, issue Standing Force Orders, which will have the same status as Police Orders issued by the DG & IG-of Police, Bihar.
Repeal and savings.- All the Rules/circulars and orders issued by the Government will be ipso factoapplicable to members of this service in so far as they do not specifically conflict with these Rules. Other matters, not dealt with under these Rules, will be governed by the provisions of the Police Manual. All previous Rules/Order/Directions etc. shall berepealed.

Schedule-I

Organizational Chart

[Rule-4, Note:- ix)]

Schedule-II

(a) the following posts will be for non-uniformed personnel :-

Sl. No.	Name of Post	Promotion/direct appointment/selection post/by posting
1.	Steno typist	Direct appointment
2.	Record Keeper	Direct appointment

(b) The other non-uniformed salaried posts in the Headquarters will be the following :-

Sl. No.	Name of Post	Promotion/direct appointment/selection post/by posting
1.	Account-cum-Administrative Officer	By posting
2.	Section Officer	By posting
3.	P.A. to Commandant General	By posting
4.	Secretariat Assistant	By posting
5.	Lower Division Clerk	By posting
6.	Typist	By posting
7.	Drafts Man	By posting

(c) In Bihar Home Guards Central Training Institute, Bihta there will be a State level Gazetted post of a Medical Officer to be filled up by deputation from the Health department.

Bihar Home Guards Service Rules, 2005