Section 152 in West Bengal Co-operative Societies Rules, 2011
152. West Bengal Co-operative Service Commission.
(1) The Chairman of the Co-operative Service Commission appointed under section 94 shall be paid in respect of time spent on actual service, salary and allowances, last drawn by him where he is a retired officer and his usual salary and allowance where he is a serving officer :Provided that if the person appointed as Chairman of the commission is in receipt of pension (Other than disability or wound pension), his salary shall be reduced by the amount of that pension and if he has, before such appointment -received any such sum in lieu of a portion of the pension, his salary shall be reduced by the amount of that portion of the pension and the pension equivalent to gratuity.(1A)[ The State Government may remove the Chairman or any Member of he Commission from his office on any reasonable ground including violation of law, misconduct with or without involving moral turpitude, insolvency and infirmity of body or mind after holding inquiry in accordance with the provisions of these rules.(1B)(i)If the State Government considers it necessary to conduct an inquiry into any allegation including allegation of violation of law, misconduct with or without involving moral turpitude against the Chairman or any Member of the Commission, it shall appoint an inquiring authority.(ii)While holding the inquiry, the inquiring authority(a)shall follow the principles of natural justice;(b)may call for any record or document in possession of the Commission and the Secretary of the Commission shall present or cause to present such records and documents before the inquiring authority;(c)shall provide a reasonable opportunity of being heard and adducing his defence to the charged Chairman or to the charged Member.(iii)If charges are framed and served upon the Chairman or the Member, as the case may be, the charged Chairman or the Member may be kept out of his office by an order of the State Government. If situation so demands, the charged Chairman or the Member may be placed under suspension by the State Government. While in suspension, the charged Chairman or the Member, as the case may be, shall be entitled to get half of the pay admissible to the Chairman or the Member.(iv)The inquiring authority shall report its findings on each of the articles of charge to the State Government.(v)On receipt of the report of inquiry, the State Government shall consider the same and pass appropriate orders including an order on the admissibility of foil pay for the period spent on suspension.(1C)In case of an allegation involving insolvency referred to in sub-rule (1A), the order passed by an appropriate court declaring the Chairman or any Member insolvent, shall be binding on the State Government :Provided that during the pendency of an appeal against any order of any lower court declaring the Chairman or any Member insolvent, the State Government may, after making necessary inquiry, suspend the Chairman or the Member till the disposal of the said appeal petition and shall pay, during the period of such suspension, only half of the pay admissible to the Chairman or to a Member, as the case may be :Provided further that on disposal of the said appeal petition, the State Government shall, after making necessary inquiry, pass appropriate orders including an order on the admissibility of full pay for the period spent on suspension.(1D)In the case of an allegation involving infirmity of the body or mind referred to in sub-rule (1A), the State Government may constitute a Medical Board consisting of at least three medical experts on the relevant aspect of infirmity and shall, on due consideration of the advice of such Medical Board, pass appropriate orders.] [Inserted by Serial No. (26) of the Notification No. 3857-Co-op./H/2R-09/2012, dated 26th December. 2012. w.e.f. 1.2.2013](2)A member of the Commission shall be paid salary of Rs. 5000/- (Rupees five thousand) per month provided under sub-section (3) of section 94.(3)The Commission shall have the following staff(a)One Secretary.(b)One Deputy Secretary in the rank of Deputy Registrar of Co-operative Societies.(c)One Assistant Secretary in the rank of Assistant Registrar of Co-operative Societies.(d)One Stenographer with knowledge in computer science.(e)One Typist with knowledge in computer science.(f)Two Upper Division Assistants.(g)Two Lower Division Assistants.(h)Four Peons :Provided that the State Government shall have the power to increase or decrease the number of the officers and other employees of the Commission at any time in consultation with the Chairman of the Commission.(4)The salaries, allowances, retirement benefits and the terms and conditions of service (including conduct, discipline and control) of officers and other employees of the Commission shall be such as the officers and employees of the Public Service Commission, West Bengal, are entitled to. The expenses of the Commission including the expenses under sub-rule (2) and (3) shall be defrayed out of the consolidated fund of the State.(5)The Commission shall hold meetings for the purpose of fixing general; or particular guidelines and Rules of business including Recruitment Rules for selection of persons for appointment in co-operative Societies for its smooth functioning. The Chairman shall preside over all such meetings to be convened by the Secretary.(6)(a)The Chairman or any member of the Commission, may by writing under his hand addressed to the Secretary, Department of Co-operation, Government of West Bengal resign his office.(b)[ * * *] [[Omitted by Serial No. (26)(b) of the Notification No. 3857-Co-op./ H/2R-09/2012, dated 26th December, 2012, w.e.f. 1.2.2013, earlier which was as follows :(b)The Chairman of the Commission may be removed by the State Government in the manner provided for removal of the Chairman of the Public Service Commission, West Bengal.]](c)A Member of the Commission may be removed by the State Government if he fails to attend six consecutive meetings of the Commission including the Selection Committees.(7)No employee who has been appointed in a Co-operative Society on the recommendation of the Commission shall be dismissed from service without prior approval of the Commission. The Commission shall give its decision in this regard within two months from the date of receipt of any request in writing from the co-operative society for such approval.(8)Any appointment made by a Co-operative Society covered under the fifth schedule of this Act in violation of sub-section (5) of section 94 shall be void.
