THE KERALA CO-OPERATIVE SOCIETIES ACT
Chapter XII Chapter XII
Chapter XII Chapter XII
80. Officers, etc., of co-operative societies
(1) The Government shall classify the societies in the State according to their type and financial position. (2) The Government shall, in consultation with the Registrar, fix or alter the number and designation of the officers and servants of the different classes of societies specified in sub-section (1). (3) The Government shall, make rules, either prospectively or retrospectively, regulating the qualification, remuneration, allowances and other conditions of service of the officers and servants of the different classes of societies specified in sub-section (1). (3A) Notwithstanding anything contained in this Act or the rules made or orders issued thereunder or in the bye-laws of any society relating to the recruitment and conditions of service of officers and servants of societies, all appointments of officers and servants of the societies mentioned in the Schedule I for which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission and in making such recruitment the reservation principles under Rule 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall be followed. (3AA) Notwithstanding anything contained in this Act or any other law, or judgment or order of any court, all appointments already made on the advice by the Kerala Public Service Commission following the reservation principles under Rule 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 to the societies mentioned in the schedule for which direct recruitment shall be resorted to shall be deemed to have been validly done as if such provisions were in force at that time. (3B) All appointments made by direct recruitment to the societies referred to in sub-section (3A) on or after the 25th day of April, 1995 and before the date of publication of the Kerala Co-operative Societies (Amendment) Ordinance, 1995 (Ordinance No. 10 of 1995) shall be invalid. (4) Notwithstanding anything contained in sub-section (1) or sub-section (2), ten per cent of the posts of employees of every society shall be reserved for appointment from persons belonging to the Scheduled Castes and Scheduled Tribes where the method of appointment to such posts is by direct recruitment. (5) Notwithstanding anything contained in sub-section (1) or (2) three percent of the total posts of employees of every society shall be reserved for physically handicapped persons having disability of forty percent or above, as certified by the medical board and the procedure of appointment shall be such as may be prescribed: Provided that in societies where there are more than ten and less than thirty three employees including cadre and sanctioned posts, there shall be reserved a minimum of one employee belonging to physically handicapped persons. (6) Government shall have power to fix or alter the maximum and minimum limit of establishment expenses of co-operative societies including the pay and allowances and other benefits of employees of Co-operative Societies: Provided that societies run on net loss can give pay and allowances to its employees below the minimum limit fixed by the Government. (7) Notwithstanding anything contained in the bye-laws, a society shall not pay bonus to its employees exceeding the amount and the rate fixed by the Government or the Registrar from time to time. (8) Government shall, by order, frame uniform Service Rules and Conduct Rules for the employees of any or all classes of co-operative societies. (9) Suspension and disciplinary action in relation to an officer, employee or servant of a co-operative society shall be such, as may be prescribed. (10) The Government may, on mutually agreed terms and on application of a society, depute a Government servant to the service of the society for the purpose of managing its affairs and the Government servant so deputed shall exercise such powers and perform such duties as may be prescribed.
Chapter XII Chapter XII
80C. The Kerala Co-operative Employees’ Welfare Scheme
(1) The Government may, by notification in the Gazette, frame a Scheme to be called the Kerala Co-operative Employees Welfare Scheme for the establishment and management of a Fund by name “the Kerala Co-operative Employees’ Welfare Fund” and there shall be established, as soon as may be, after framing of the Scheme, a fund in accordance with the provisions of this Act and the Scheme. (2) The Welfare Fund established under the Scheme shall vest in the Kerala State Co-operative Employees’ Welfare Board and be administered by such body or authority as may be specified in the Scheme. (3) Subject to the provisions of this Act, the Scheme may provide for the following matters, namely:- (i) the management and administration of the Kerala State Co-operative Employees’ Welfare Fund; (ii) powers and functions of the authority or body to be constituted there under; and (iii) the composition and pattern of the establishment set up of the Kerala State Co-operative Employees’ Welfare Board constituted under the scheme.
Chapter XII Chapter XII
80D. The Kerala State Co-operative Employees’ Welfare Board
(1) The Government shall, by notification in the Gazette, constitute a Board to be called “the Kerala State Co-operative Employees’ Welfare Board” for implementing the welfare schemes for the regular employees, commission agents and the persons working in the capacity of any other name on commission basis in a Co-operative society registered or deemed to be registered under this Act and coming under the administrative control of the Registrar of Co-operative Societies as well as other departments of the State Government in accordance with the provisions of this Act and the Scheme. (2) The Board constituted under sub-section (1) shall provide for the constitution of a Welfare Fund and specify therein, the manner in which its fund shall be raised and administered for the welfare of the employees and the rates of contribution to be paid by the employees and the co-operative societies towards the fund. (3) The Board may provide money and other aids to the employees in their indigent conditions and for the following purposes, namely:- (i) for the payment of financial assistance to the family of the deceased employees; (ii) for the payment of medical assistance to the employees who have undergone treatment for diseases to be specified therein; (iii) for refund of the contributions made by the employees on their retirement or relief on other grounds; (iv) for the grant of advances to the employees for meeting their medical expenses; (v) for awarding cash prizes to the children of employees at such rates and subject to such conditions as may be prescribed therein; and (vi) for any other purposes provided for in the Scheme or which may be found necessary or proper for the implementation of the scheme. (4) The Government may make rules with regard to the terms and conditions of the services of the employees of the Kerala State Co-operative Employees’ Welfare Board.
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