Section 38 in The West Bengal Co-Operative Societies Act, 1983
38. Co-operative Service Commission. -
[(1) The State Government shall constitute a Co-operative Service Commission (hereinafter referred to in this section as the Commission) and shall appoint the following three persons as the members of the Commission:-(a)one person who is or was a Judge of the High Court at Calcutta or who holds or held a post not below the rank of Secretary to the Government of West Bengal, to be the Chairman of the Commission;(b)two persons from the apex societies, to be nominated by the State Government.](1A)[ The State Government shall appoint the Additional Registrar of Co-operative Societies to be the Secretary of the Commission.] [Sub-Section (1A) first inserted by West Bengal Act 21 of 1990. then substituted by West Bengal Act 27 of 1997.](2)[ The Chairman and the other members of the Commission shall hold office for a term of three years:] [Sub-Section (2) substituted by West Bengal Act 27 of 1997.]Provided that no member of the Commission shall be reappointed or renominated as a member of the Commission after the expiry of the. term of three years as aforesaid.(3)The salaries and allowances [of the members including the Chairman of the Commission] [Words substituted by West Bengal Act 27 of 1997.] shall be such as may be prescribed.(4)The number of officers and other employees of the [Commission] [Words substituted by West Bengal Act 27 of 1997.] and the salaries, allowances, terms and condition, of service (including conduct, discipline and control) of such officers and other employees shall be such as may be prescribed.(5)The [Commission] [Words substituted by West Bengal Act 27 of 1997.] shall select persons [for appointment to such posts ] [Words substituted by West Bengal Act 21 of 1990.][, other than the posts to be filled up by promotion,] [Words inserted by West Bengal. Act 27 of 1997.] in the co-operative societies mentioned in the Fifth Schedule [and in such manner] [Words substituted by West Bengal 21 of 1990.] as may be prescribed.Sub-Section (6) omitted by West Bengal Act 27 of 1997.[******] [Sub-Section (6) omitted by West Bengal Act 27 of 1997.](7)[There shall be a Selection Committee of the Commission and such Selection Committee] [Words substituted by West Bengal Act 27 of 1997.] shall consist of-(a)[ the Chairman and two other members of the Commission, [Clause (a) to sub-Section (7) substituted by West Bengal Act 27 of 1997.](b)a representative of the State Level Co-operative Society or District Level Co-operative Society, as the case may be, and(c)a representative of the co-operative society for which the selection of employees is to be made:]Provided that in the case of selection of employees [for a State Level Co-operative Society,] [Words substituted by West Bengal 21 of 1990.] the Selection Committee shall consist of-(a)[ the Chairman and two other members of the Commission,] [Clause (a) to proviso substituted by West Bengal Act 27 of 1997.](b)a representative of the State Level Co-operative Society [for which the selection of employees is to be made] [Words inserted by West Bengal Act 21 of 1990.], and(c)one person conversant with the business of the [said] [Word inserted by West Bengal Act 21 of 1990.] State Level Co-operative Society to be nominated by the Registrar from amongst the employees of the Co-operative Directorate of the State Government:[Provided further that the Chairman and the Secretary of the Commission shall respectively be the Chairman and the Convener of the Selection Committee.] [Proviso inserted by West Bengal Act 27 of 1997.]
