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Section 39: Officers and employees of co-operative societies

The Rajasthan Co-operative Societies Rules, 2003State Rules of Rajasthan · 2002

(1) Notwithstanding anything contained in the bye-laws of any society, no co-operative society shall appoint any person as its paid officer or employee in any category of service, unless he possesses the qualifications and furnishes the security, if so specified by the Registrar from time to time, for such category of service in the society, or for the class of society to which it belongs. 1[The conditions of service including the procedure of recruitment, discipline] and control of the employees of the societies shall be such as specified by the Registrar.

(2) No co-operative society shall retain in service any paid officer or employees, if he does not acquire the qualifications or furnish the security as is referred to in sub rule (1) within such time as the Registrar may direct.

(3) The Registrar may for special reasons, relax in respect of any paid officer or employee, the provisions of this rule in regard to the qualifications he should possess or the security he should furnish.

(4) Where it comes to the notice of the Registrar that a paid officer or servant of a society has committed or has been otherwise responsible for misappropriation, breach of trust or other offence, in relation to the society, the Registrar may, if in his opinion, there is prima facie evidence against such paid officer or servant and the suspension of such paid officer or servant is necessary in the interest of the society direct the committee of the society pending the investigation and disposal 1 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated

10.7.2017, come into force at once.

49 of the matter, to place or cause to be placed such paid officer or servant under suspension from such date and for such period as may be specified by him.

(5) On receipt of a direction from the Registrar under sub-rule

(4), the committee of the society shall, notwithstanding any provision to the contrary in the bye-laws, place or cause to be placed the paid officer or servant under suspension forthwith.

(6) The Registrar may direct the committee to extend from time to time the period of suspension and the paid officer or servant so suspended shall not be reinstated except with the previous sanction of the Registrar, whose decision shall be final.

(7) If the committee fails to comply with the direction issued under sub-rule (4), the Registrar may make an order placing such paid officer or servant under suspension from such date and for such period, as he may specify in the order and thereupon the paid officer or servant, as the case may be, shall be under suspension.

(8) Immediately after placing the employee under suspension under sub-rule (4) or (7) as the case may be, the society shall initiate disciplinary action against the suspended employee under the prevalent service/disciplinary rules applicable on the employee.

2[(9) A short term co-operative credit structure society shall, subject to the general conditions and norms laid down by the Registrar in this regard, have autonomy in internal administrative matters including the personnel policy, staffing, recruitment, posting and compensation to staff.]

2 Substituted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated

10.7.2017, come into force at once.

50 1[(10) Where a Chief Executive Officer appointed by the Apex Cooperative Bank or a Central Co-operative Bank does not fulfil the eligibility criteria specified by the Reserve Bank of India or has been appointed without following the specified procedure, the Registrar may, after giving him an opportunity of hearing, pass an order for removal of such officer:

Provided that where an advice has been received from the Reserve Bank of India or the National Bank for removal of a Chief Executive Officer, the orders for such removal shall be issued within a period of one month.]

3[39-A.Recruitment Board for the co-operative societies. -

(1) Recruitment of the employees of the categories of cooperative societies mentioned in sub-rule (4) shall be made by the Cooperative Recruitment Board, hereinafter called the Board in this rule, consisting of the following, namely:-

(i) Additional Registrar - I, Co-operative Department, Rajasthan - Chairman

(ii) One nominee of the Registrar, Co-operative Societies, Rajasthan, who shall be an officer having a grade pay not below Rs. 7600/- - Member

(iii) Director, Rajasthan Institute of Co-operative Education and Management, Jaipur - Member Secretary 1 Added by Notification No. F. 12(1) Coop/2011 dated 14.9.2011, pub. in Raj. Gazette E.O. part 4

(x)(I) dated 19.9.2011 with immediate effect.

3 Inserted by G.S.R. 53 dated 10.7.2017, published in Raj. Gazette E.O. part 4 (x)(I) dated 10.7.2017, come into force at once.

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(2) The Government may also appoint such other officers and employees to assist the Board, as it may consider just and necessary.

(3) The Board shall take up the process of recruitment on the requisition of the society concerned in accordance with the rules applicable to the society after the approval of the Registrar.

(4) The Board shall be the competent authority for conducting the process of selection and recommending the names of the employees of the following categories of co-operative societies, namely:-

(i) all apex and central level societies, except the societies in which there is neither any Government aid as mentioned in Chapter VII of the Act nor any Government servant posted as the Chief Executive Officer or an Executive Officer,

(ii) Primary Agricultural Credit Societies,

(iii) Primary Land Development Banks,

(iv) Urban Co-operative Banks,

(v) other societies having a Government share capital of Rs. 5 lakh or more, and

(vi) such other class of societies, on the recommendation of the Board mentioned in sub-rule (1), may be notified by the State Government for this purpose.

(5) Subject to the provisions of the rules applicable to the category of employees to be recruited by a society, the Board shall decide the selection criteria, procedure and criteria for short listing of candidates, including the manner of selection and other related issues, so that the recruitments are made in a fair and transparent manner.

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(6) Where in the opinion of the Board, it is necessary to take services of an independent agency having suitable expertise and repute for conducting a particular type of examination, it may do so with the prior approval of the Registrar.

(7) The Board may charge the fees for examination from the candidates as per the norms laid down therefor with the approval of the Registrar. Where the cost of conducting the examination is higher than the fees charged from the candidates, the Board shall be competent for charging the excess cost from the society concerned to recover its expenses.]

Where this provision sits

ActThe Rajasthan Co-operative Societies Rules, 2003
Section39
Marginal noteOfficers and employees of co-operative societies
JurisdictionState of Rajasthan
StatusIn force as published by the source

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