Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Jharkhand - Section

Section 40 in The Bihar Finance Service Rules, 1953

40.

[(1) Notwithstanding anything contained in Rule 20 (2) in accordance with the principles laid down under the Government of Bihar, Personnel Department Resolution No.10527, dated the 22nd August, 1985, a promotion committee, for the purposes of promotion to the rank of Assistant Commissioner of Commercial Taxes from amongst the Commercial Taxes Officers, shall be constituted in the following manner:-] [Substituted by S.O. 1256 dated 24.10.1986.](i)The Member, Board of Revenue, Bihar, Patna-Chairman(ii)Secretary, Finance Department, Government of Bihar, Patna-Member(iii)A representative of SC/ST to be nominated by the Department of Personnel and Administrative Reforms, Government of Bihar-Member(iv)Commissioner of Commercial Taxes and ex-officio Special Secretary, Government of Bihar-Member Secretary.Provided such selection for promotion shall be made on the basis of seniority-cum-merit with due reservation in promotion being accorded to the officers belonging to SC/ST in accordance with the Government orders issued in this behalf from time to time.
(2)[(i) A list of officers to be promoted to the rank of Assistant Commissioner of Commercial Taxes shall be prepared each year by the Promotion Committee constituted under sub-rule (1) for the purpose.] [Substituted by S.O. 1256 dated 24.10.1986.]
(ii)The selection shall be made from amongst Commercial Taxes Officers who have completed not less than four years of continuous service on the first day of January of the year in which the promotion is made. The above period of service shall be reduced by one year in the case of officers belonging to Scheduled Castes and Scheduled Tribes, if adequate number of officers of those castes with prescribed minimum length of service are not available in the required proportion for the purposes of sub-rule (1).
(3)[(a) The selection of officers so made by the Promotion Committee shall not require concurrence of the Bihar Public Service Commission.] [Substituted by S.O. 1256 dated 24.10.1986.]
(b)[ The final selection of officers for inclusion in the list shall be made by the Governor after taking into consideration the recommendations of the Promotion Committee constituted under sub-rule (1) for the purpose.] [Substituted for existing clauses (b) and (c) by S.O. 1256 dated 24.10.1986.]
"40.(1) Promotion to the rank of the Assistant Commissioner of Commercial Taxes shall be made from amongst the Commercial Taxes Officers on the basis of seniority-cum-merit, so however, that due representation in promotion to the rank of the Assistant Commissioner is accorded to the officers belonging to Scheduled Castes and Scheduled Tribes in accordance with Government orders issued in this behalf from time to time.""40.(2) (i) A list of officers fit to be promoted to the rank of the Assistant Commissioner of Commercial Taxes shall be prepared in each year by a Departmental Promotion Committee constituted in sub-rule (2) of Rule 20.""40.(3) (a) Recommendation made by the Departmental Promotion Committee in which the Public Service Commission is associated shall be taken as the recommendation of the Commission.(b) In cases where consultation with the Public Service Commission is compulsory under Article 320 of the Constitution of India, or any other law or rule framed by the Government of Bihar or the Government of India or where the Chairman or a Member of the Commission presiding over the Departmental Promotion Committee desires a particular case to be considered by the Commission as a whole, the list of officers thus prepared shall be forwarded to the Commission, along with their up-to-date service records. Likewise such service records of those Officers, who are proposed to be passed over, shall also be sent to the Commission. The Commission shall in such cases advise the Governor in respect of suitability of each officer for inclusion in the list.(c) The final selection of officers for inclusion in the list shall be made by the Governor after taking into consideration the recommendations of the Departmental Promotion Committee and/or the advice of the Commission, as the case may be."]