Rule 38. Filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Administrative Member of the Industrial Tribunal under sub-section (5) of Section 44

(1) The Administrative Member shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (2) of this rule.

Provided that Administrative members of the Industrial Tribunal shall be appointed from the serving or retired members of Indian Administrative Services who has served at least three years in this service or from Bihar Labour Services having experience of dispensation for a period of at least five years of Judicial/ Quasi-Judicial work and has been an Additional/ Joint Labour Commissioner:

Provided that, if in future State Government increases the number of Industrial Tribunals in the State, the vacancies shall be filled in the above-mentioned proportion:

Provided that the total number of administrative members appointed amongst the members of Indian Administrative Services shall not exceed at any time fifty percent of the total number of administrative members of the Industrial Tribunal in the State and the rest of vacancies of administrative members shall be filled from the serving or retired Additional/ Joint Labour Commissioner of State Labour Services.:

(2) The Search Cum Selection Committee shall comprise of the following members, namely: -(i) Chief Justice of Bihar or a Judge of High Court nominated by him-Chairperson;

(ii) Sitting Member of the other Industrial Tribunal – Member;

(iii) Chief Secretary, Bihar or an officer nominated by him – Member;

(iv) Additional Chief Secretary/Principal Secretary/ Secretary to the Government of Bihar, Labour Resources and Migrant Works Welfare Department – Member secretary; and

(v) Registrar General, Patna High Court, Patna - Member,

(3) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as experience keeping in view of the requirement of the Industrial Tribunal and recommend a panel of two or three persons as it deems fit for appointment to said post.

(4) No appointment of Administrative Member shall be declared invalid merely by reason of one vacancy or absence of any Member in the Search-cum-Selection Committee.

(5) An administrative Member shall hold office for a term of four years or till he attains the age of sixty five years, whichever is earlier.

(6) In case of casual vacancy in the office of Administrative Member, the State Government shall appoint the Administrative Member of the other Industrial Tribunal to officiate as Administrative Member.

(7) (a) The Administrative Member shall be paid a salary as notified by the State Government from time-to-time and shall be entitled to draw allowances as are admissible to an officer of the Government of India holding Group A post carrying the same pay.

(b) In case of retired Government Officer, his pay shall be reduced by the gross amount of pension drawn by him.

(8) (a) In case of serving Government Officer, the service rendered in Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service which he belong and shall be governed by General Provident Fund Rules (Central Service), 1960.

(b) In case of retired Government Officers, they shall be entitled to join Contributory Provident Fund Scheme as per extant rules during period of their re-employment. Additional gratuity shall not be admissible for the service rendered by the Administrative Member in the Industrial Tribunals.

(9) Administrative Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of India holding Group A post carrying the same pay.

(10) (a) In case of serving Government Officer, leave shall be admissible in accordance with the extant rules of the service which he belongs.

(b) In case of retired Government Officers, leave shall be admissible as are admissible to an officer of the Government of India holding a post carrying the same pay.

(11) (a) The State Government shall be the leave sanctioning authority for the Member.

(b) The State Government shall be the sanctioning authority for foreign travel to the Administrative Member.

(12) Health facilities equivalent to Central Government Health facilities as admissible to an officer of the Government of India holding Group A post carrying the same pay shall be applicable.

(13) (a) Travelling allowance to an Administrative Member shall be admissible as per entitlement an officer of the Government of India holding Group A post carrying the same pay.

(b) In case of retired Government Officer, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of India holding Group A post carrying the same pay.

(14) An Administrative Member shall be entitled for leave travel concession as admissible to an officer of the Government of India holding Group A post carrying the same pay.

(15) An Administrative Member shall be entitled for transport allowance as admissible to an officer of the Government of India holding Group A post carrying the same pay.

(16) No person shall be appointed as an Administrative Member, unless he is declared medically fit by an authority specified by the State Government in this behalf.

(17) (a) If a written and verifiable complaint is received by the State Government, alleging any definite charge of misbehaviour or incapacity to perform the functions as Administrative Member; it shall make a preliminary scrutiny of such complaint.

(b) If on preliminary scrutiny, the State Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of an Administrative Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry.

(c) The Search-Cum-Selection Committee shall complete the inquiry within six months' time or such further time as may be specified by the State Government.

(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the State Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.

(18) An Administrative Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government:

Provided that the Administrative Member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier.

(19) The State Government shall, on the recommendation of the Search-Cum-Selection Committee, remove from office any Administrative Member, who-(a) has been adjudged as an insolvent; or

(b) has been convicted of an offence which, involves moral turpitude; or

(c) has become physically or mentally incapable of acting as such Member; or

(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Administrative Member; or

(e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where an Administrative Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.

(20) Every person appointed as Administrative Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form-XIV annexed to these rules.

(21) Matter relating to the terms and conditions of services of the Administrative Member with respect to which no express provisions has been made in these rules, shall be referred by the Industrial Tribunal to the State Government for its decision, and the decision of the State Government thereon shall be binding.

(22) The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing.