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State of Andhra Pradesh - Section

Section 69 in Andhra Pradesh Co-Operative Societies Rules, 1964

69.

. [Omitted by G.O.Ms.No. 1630, F & A (Leg.), dated 6.8.1968].[70. Board of Directors of Central Agricultural Development Bank to constitute a centralised service. - (1)(a) The Board of Directors of Andhra Pradesh Co-operative Central Agricultural Development Bank (hereinafter referred to as "the Board") shall have power to constitute a centralised service of the post of (i) Manager/Secretary ; (ii) Engineering Supervisor ; (iii) Assistant Manager/Assistant Secretary ; and (iv) Executive Officer in the Primary Agricultural Development Banks and to exercise powers of appointment, transfer and disciplinary control and such other powers as may be incidental thereto] [Substituted by G.O.Ms. No. 354, F & A, (Co-Operative IV), dated 2-7-1985. ] ;(b)The posts of Manager/Secretary, Engineering Supervisor shall be deemed to have been brought under the "Centralised Service" with effect from 27.11.1970 and those of Assistant Manager/Secretary and Executive Officer with effect from 1.7.1979 and dates on which the respective services were centralised and continued to be so.
(2)Subject to such rules and directions as may be made by the Government in this behalf the Board shall with the previous approval of the Registrar, frame regulations providing for the fixation of the pattern of staff qualifications, pay scales and other allowances and service conditions of the employees.
(3)
(a)For the proper administration of the "Centralised Service" it shall be open to the Board to divide the area of the State into such number of Zones as it may consider necessary, from time to time. Each Zone so formed shall be a separate unit for the purpose of appointment, promotion and transfer of employees of the centralised service ;
(b)The Board or any person/persons authorised by it for the purpose, shall have power to make recruitment to the posts under Centralised Service for the Primary Agricultural Development Banks and also to exercise disciplinary control and powers to transfer in respect of the employees of the 'Centralised Service' in accordance with regulations.
(4)
(a)An employee, on being posted to any Primary Agricultural Development Bank, shall be entitled to receive his pay, allowances and other service benefits due to him from funds of the Primary Agricultural Development Bank, as may be determined by the Board from time to time, and it shall be binding on such Primary Agricultural Development Bank to pay the same to the employee ;
(b)Where any Primary Agricultural Development Bank fails to pay the amounts due to an employee the Registrar gives direction to the Primary Agricultural Development Bank to pay the amount due, which shall be binding on the Primary Agricultural Development Bank.
(5)The inter-seniority of employees in the Centralised Service shall be determined by the Board.
(6)The Board or any other person or persons authorised in this behalf shall have power to issue direction or order for compliance by the Primary Agricultural Development Bank in regard to any posting, transfer, payment of salary, bonds or other emoluments, leave or other conditions of service of any employee and non-compliance of such order or direction shall be deemed to be an offence liable for such action or sanction against such Primary Agricultural Development Bank as deemed appropriate by the said authority.
(7)Notwithstanding anything contained in this and other rules in force an appeal shall be to the Commissioner for Co-operation and Registrar of Co-operative Societies against any decision or order of the Board.[70A. Allotment of employees to Primary Agricultural Development Banks - Guidelines. - (1) The Managing Director, Andhra Pradesh Co-operative Central Agricultural Development Bank shall allot the employees coming uncle; the categories of posts which have been decentralised, to the various Primary Agricultural Development Banks in the State in accordance with the guidelines mentioned below:-
(i)[ The employees shall inform to the Managing Director in order of preference for allotment to any of the three Primary Agricultural Development Banks outside the Revenue Division of his/her nativity but within the district, within 60 days from the date on which this amendment comes into effect;] [Added by G.O.Ms. No. 354, dated 2-7-1985.]
(ii)Where the employees have expressed their cases shall be considered strictly in accordance with their respective length of total service:
Provided that, Managing Director under special circumstances may consider any individual case for reasons to be recorded in writing other than the total length of service ; Provided further that in the case of Attenders, Watchmen, Drivers and Typists they may be as far as possible. allotted to the Primary Agricultural Development Banks of their preference.
(iii)In cases where the employees have not indicated their preferences within the stipulated time limit or it has become not practicable to make allotments in the manner indicated in sub-rule (ii), it shall be open to the Managing Director to order allotment of candidates in the existing vacancies within the Zone.
[Note. [Inserted by G.O.Ms. No. 1072, (Co-op.), dated 11-7-1986.] - The bank where the employee was first appointed, shall be treated as his Parent Bank and the Headquarters of such bank shall be deemed as his native place].
(2)An employee on allotment to any Primary Agricultural Development Bank, in accordance with the procedure laid down in sub-rules (ii) and (iii) shall be deemed to be an employee of that Primary Agricultural Development Bank and shall be governed by its special bye-laws in regard to his/her service conditions accordingly.
(3)It shall be competent for the Primary Agricultural Development Bank to initiate or conclude the disciplinary action pending against any employee, on his/her allotment to said Primary Agricultural Development Bank, for any lapses committed on the date of coming into force of these rules including those in respect of which the Andhra Pradesh Co-operative Central Agricultural Development Bank, initiated disciplinary action when he/she was a member of the centralised service prior to its abolition:Provided that on a direction from the Andhra Pradesh Co-operative Central Agricultural Development Bank to initiate disciplinary action against an employee working in the Primary Agricultural Development Bank for the lapses committed or alleged to be committed by him or her, in his or her previous station/stations, it shall be binding on the Primary Agricultural Development Bank to comply with such direction, failing which it shall be deemed to be an offence liable for such action or sanction against such Primary Agricultural Development Bank as deemed appropriate.
(4)Notwithstanding the abolition of the Centralised service in respect of certain categories of posts ; the employees of such abolished categories shall continue to be governed by the Master policy for Group gratuity, F.B.S., F.P.S., Deposit linked Insurance, being the social security measures the Provident Fund/Trust administered by the Andhra Pradesh Co-operative Central Agricultural Development Bank till such time they are transferred to the primary Agricultural Development Banks.
(5)Notwithstanding anything contained in the foregoing rules it shall be competent for the recruiting agency and the Managing Director of the Andhra Pradesh Co-operative Central Agricultural Development Bank to select and allot the successful candidates respectively from out of those who passed through written examination already held in March, 1985 to the various Primary Agricultural Development Banks, subject to availability of vacancies of the posts of supervisors.
(6)Notwithstanding anything contained in this and other rules in force, an appeal shall lie to the Registrar of Co-operative Societies against any decision or order of the Managing Director.[70AA. Notwithstanding anything in the bye-laws, no appointment or removal of a Chief Executive [x x x] [Added. by G.O.Ms. No. 102, (Co-Operative IV), dated 27-2-1986. ] by whatever name called, shall be made without the approval of the Registrar of Co-operative Societies in respect of the following classes of Societies:-
(1)All Apex Institutions.
(2)Sugar Factories.
(3)Spinning Mills.
(4)District Backward Class and Scheduled Caste Societies.
(5)Rural Electric Co-operative Societies.
(6)The Andhra Pradesh State co-operative Union].[71. Service Conditions of common Cadre Employees under Section 116A. - The service conditions of Common Cadre Employee under Section 116-A, shall be governed by the existing regulations till they are modified by the rule made in this behalf by the Government.] [Added by G.O.Ms. No. 355, F & A, (Co-Operative IV), dated 2-7-1985. ][72. Guidelines to allot decaderised Secretaries to the Societies. - (1) The Societies (Primary Agricultural Co-operative Societies, Large - Sized Co-operative Societies/Rural Banks and Multi-purpose Co-operative Societies) shall for the purpose of allotment of the Secretaries, consequent to the abolition of the common cadre, be categoriesed as follows] [Added by G.O.Ms. No. 454, (Co-Operative IV), dated 13-9-1985. ]:-
(i)Societies having business of (Loan outstanding) more than rupees ten lakhs.
(ii)Societies having business of (Loan outstanding) between rupees five to ten lakhs.
(iii)Societies having business of (Loan outstanding) between rupees three and five lakhs.
(iv)Societies having business of (Loan outstanding) less than rupees three lakhs.
Note. - Members Loan outstanding as at the end of the preceding Co-operative Year shall be taken into account.
(2)The allotment of the decaderised Secretaries to the Societies shall be regulated, as follows:-
(a)Each candidate (Secretary) shall indicate to the concerned Co-operative Central Bank his/her choice for allotment to any three societies in the order of preference outside the [revenue mandal within which the village of his/her nativity falls, within a period of thirty days from the date on which this rule comes into force.] [Added. by G.O.Ms. No. 102, (Co-Operative IV), dated 27-2-1986. ]
(b)Candidates with greater experience and possessing higher qualifications (being more than the minimum prescribed, for the posts of Cadre Secretaries) shall, as far as possible, be considered for allotment to any society under category No. (1) and the case of others, shall be considered for allotment to other categories of societies with reference to their respective length of service in the abolished cadre and qualifications:
[Provided that a person who passed Matriculation with five years of experience, or a person who passed Intermediate Examination with three years experience as Secretary of the Primary Agriculture Credit Society, shall be treated as equal to a graduate] [Added by G.O.Ms. No. 319, (Co-Operative IV), dated 25-6-1986.].
(c)The allotments referred to in Cls. (a) and (b) shall be made by the Registrar.
(3)
(a)The Secretary on allotment to a Society, shall be deemed to be the employee of that society and shall be entitled to receive pay and allowances as may be fixed from the funds of the said society.
(b)The service conditions of the Secretaries working in the societies shall be governed by such service regulations as may be framed by the Registrar for adoption by the Societies.
(4)Subject to the disciplinary procedure laid down in the Service Regulations as may be issued by the Registrar of Co-operative Societies and to be adopted by the Societies, the society shall exercise disciplinary control over the Secretary.Provided that, the disciplinary proceedings if any pending on the date of abolition of the common cadre shall be conducted against the concerned Secretary by the Society to which he/she stands allotted in accordance with such service Regulations.
(5)[ Notwithstanding anything contained in sub-rules (1) to (4), wherever Secretaries, who have been working from 22-4-1985 and who are not allotted for any reason whatsoever, to the Primary Agricultural Co-operative Societies as per the guidelines laid down in sub-rules (1) and (2) such Secretaries shall be deemed to have been allotted to the Primary Agricultural Co-operative Societies in which they are working on the date of issue of this notification and shall be governed as per the provisions of sub-rules (3) and (4).Provided that the deemed allotment does not confer any legitimacy to those who are continuing after committing irregularities and that they could still be made accountable for deeds done in other societies.] [Substituted by G.O.Rt.No. 988 Agri & Coop. (Co-Operative IV), dated 14-9-2004. ][73. Transfer of employees of erstwhile primary agricultural Development Banks to the service of the District Co-operative Central Banks. - Consequent in the abolition of the Primary Agricultural Development Banks with effect from 1-4-1987, the Registrar shall transfer under Cl. (d) of sub-section (2) of Sec. 11 of the Andhra Pradesh Co-operative Laws (Amendment) Act, 1987 (Act 1 of 1987), the officers and employees of erstwhile Primary Agricultural Development Banks (including those under Centralised Cadre) to the Service of the District Co-operative Central Banks concerned in which they are working as on the date of Notification of this rule. On receipt of such orders from the Registrar the General Managers of the District Co-operative Central Banks shall communicate the same to all the concerned employees of the erstwhile Primary Agricultural Development Banks. Therefore the General Managers of the District Co-operative Central Banks shall take the following action for integration of the services.] [Substituted by G.O.Ms. No. 132, AgI. & (Co-Operative III), dated 3-3-93. Published in Andhra PradeshGazette, Part H, Ext., dated 23-4-1993. ]
(i)Equation of Cadres. - The Employees in the erstwhile Primary Agricultural Development Banks shall be equated with the cadres in the Co-operative Central Bank as hereunder and after integration they shall be known by such designations, as specified below namely:-
Cadres in the erstwhile Primary AgriculturalDevelopment Banks Equated Cadre in District Co-operative CentralBanks
1. Manager and Secretary Manager
2. Assistant Manager, ExecutiveOfficer This post will be kept asdistinctfading category.
3. 3. Engineering supervisor No equated post. This postwill bekept as distinct category.
4. Accountant Accountant
5. [Assistant Accountant, Supervisor, typist. The post of erstwhile clerks which are existing prior to 8-9-1970. [Substituted by G.O.Ms.No. 109, Agriculture & Co-Operative (Co-Operative IV), dated 16-4-2001. ] Supervisor, Clerk, Typist.]
6. Driver Driver
7. ….............. Jamedar, Attender to be keptasdistinct category.
8. Peon, Watchman Peon, Watchman
(ii)[ All the officers and employees of the erstwhile Primary Agricultural Development Banks working as on the 1st April, 1987 be absorbed in the equated cadre posts in the District Co-operative Central Banks, where they were working as on the 1st April, 1987. This will not apply to employees of erstwhile Primary Agricultural Development Banks of transferred by the Managing Director of Andhra Pradesh Co-operative Central Agricultural Development Bank after the 1st April, 1987 from one District Co-operative Central Bank to another or employees in respect of whom issues transfer orders or requests received by him before the 23rd April, 1993 keeping in view the guidelines issued by the Commissioner for Co-operation and Registrar of Co-operative Societies and they shall be absorbed in the District Co-operative Central Banks in which they joined later as per such orders. The total strength of each cadre in the District Co-operative Central Banks shall stand increased to the extent of the number of employees of Primary Agricultural Development Banks absorbed in the cadre. The posts of Assistant General Managers in the District Co-operative Central Banks shall stand increased by 107 posts i.e., equivalent to the number of posts of Managers of erstwhile Primary Agricultural Development Banks in the District as on the 31st March, 1987. These posts shall be filled in on the basis of common seniority of the Managers of District Co-operative Central Banks and the Managers and the Secretaries of the erstwhile Primary Agricultural Development Banks in the integrated cadre of Managers of the District Co-operative Central banks duly observing the norms for promotions. The posts vacated by the 107 employees shall stand abolished on their absorption as Assistant General Managers. The revised integrated cadre strength of the District Co-operative Central Bank shall, however, be subject to revision according to any re-organised staffing pattern evolved for each District Co-operative Central Bank and also taking into account the legitimate business requirements of the District Co-operative Central Banks, interest margins available and viability of the District Co-operative Central Bank".] [Substituted by G.O.Ms.No. 212, Agriculture & Co-Operative (Co-Operative III), dated 7-5-1994.]
(iii)[(a) The Managing Committee of the District Co-operative Central Banks may fill up operational vacancies upto cadre IV as existing as on the 1st April, 1987 in the erstwhile Primary Agricultural Development Banks and in the District Co-operative Central Banks by notionally promoting employees from the respective streams, duly following the service regulations and general norms for promotions. The said operational vacancies shall be reckoned in terms of the posts in the District Co-operative Central Banks and erstwhile Primary Agricultural Development Banks which were once filled by the institutions but became vacant later. The operational vacancies under Short Term and Long Term streams that arose between the 1st April, 1987 to 31st October, 1991 shall be filled up from the respective streams following the principle governing promotions. The posts required to be filled by direct recruitment shall not be considered while determining the operational vacancies for notional promotions.] [Substituted by G.O.Ms.No. 212, Ag & Co-op (Co-Operative III), dated 7-5-1994.]
(b)The consequential vacancies arising subsequent the 31st October, 1991 from out of such promotions in all the cadres shall not be filled up till revised staffing pattern is evolved duly taking into account the legitimate business requirements, interest margins available and financial viability of District Co-operative Central Banks.
(c)The promotions will have only notional effect for reckoning the seniority in the integrated cadre and monetary benefit will be extended to the employees with effect from 1-1-1993.
(d)This process of the filling up promotional vacancies shall be completed by the Managing Committee of the District Co-operative Central Banks within a reasonable time frame."
(iv)[ Future Promotions: - The future vacancies of Managers in the District Co-Operative Central Banks shall be filled up by promotion from the common pool of Assistant Managers, Executive Officers, Engineering Supervisors or Accountants of erstwhile] [Substituted by G.O.Ms.No. 112, Ag & Co-op., dated 13-4-1999.] PADBs and Accountants of the DCCBs on [duty following service regulations and general norms governing the promotions] [Substituted by G.O.Ms.No. 143, Ag & Co-op., dated 11-5-1999. ] and taking into account vacancies to be filled by direct recruitment. However, the Engineering Supervisors posts will cease either by promotion or retirement of the said personnel.
(v)[(a) "After receipt of orders of transfer to the services of District Co-operative Central Banks, the employees of erstwhile Primary Agricultural Development Banks shall exercise option either to continue in the erstwhile Primary Agricultural Development Bank Service regulations in respect of pay and other allowances as governing them as on the 1st April, 1987 or opt to the pay and allowances of District Co-operative Central Banks till such time uniform pay scales and allowances are evolved. In such cases where they opt for pay and allowances of District Co-operative Central Banks the employees of erstwhile Primary Agricultural Development Banks shall be given wage purity with reference to the length of service in the equated cadre with the employees of the District Co-operative Central Banks with effect from the 1st January, 1993. In case of non-monetary items such as disciplinary actions, promotions and such other matters the existing regulations as are applicable to the employees of corresponding cadres of District Co-operative Central Banks shall apply."] [Substituted by G.O.Ms.No. 212 Ag & Co-op (Co-op III, dated 7-5-1994.]
(b)The General Manager of the District Co-operative Central Bank shall call for options of all the erstwhile Primary Agricultural Development Banks personnel, by issue of individual notice, as well as by affixture on the notice Board of the District Co-operative Central Bank Head Office and it Branches in the district. The erstwhile Primary Agricultural Development Bank personnel shall send their options to the General Manager within one month from the date of notice calling for such options.
(c)[ "If the erstwhile Primary Agricultural Development Bank personnel opt for District Co-operative Central Bank pay and allowances they shall be so governed with effect from the 1st January, 1993. If they opt for pay and allowances, gratuity and provident fund of erstwhile Primary Agricultural Development Banks, they shall be so governed till they get next promotion in the next cadre in the District Co-operative Central Bank in the integrated set up. On such promotion they shall be governed by the District Co-operative Central Bank pay and allowances".] [Substituted by G.O.Ms.No. 212 Ag & Co-op (Co-op III, dated 7-5-1994.]
(d)If any one does not give any option either to the District Co-operative Central Bank pay and allowances or erstwhile Primary Agricultural Development Bank pay and allowances within the time prescribed, they shall be governed by the erstwhile Primary Agricultural Development Bank pay and allowances till such time they get promotion as per norms and on such promotion they shall be governed by the District Co-operative Central Bank pay and allowances.
(e)The General Manager of the District Co-operative Central Bank shall finalise the options of all the employees of erstwhile Primary Agricultural Development Banks within a period of two months from the date of receipt of such options from the employees.
(vi)[(a) Inter-se-seniority. - The inter-se-seniority of the erstwhile Primary Agricultural Development Bank employees and of the District Co-operative Central Bank employees in the equated cadres in each district shall be fixed by the General Managers, District Co-operative Central Bank on the basis of the dates of their appointment in the cadres in which they are working on regular basis including notional promotions. If the dates of such appointments happens to be the same, the seniority shall be fixed on the basis of the age, the elder being placed above the younger. However, in this process, the inter-se-seniority of the Primary Agricultural Development Bank personnel and the inter-se-seniority of the District Co-operative Central Bank personnel shall not be disturbed.] [Inserted by G.O.Ms.No. 207, Agriculture & Co-Operative (Co-op HI), dated 29-4-1994. ]
(b)The General Manager, shall initiate action for fixation of inter-se seniority within six months of issue of order by Registrar of Co-operative Societies transferring the erstwhile Primary Agricultural Development Bank employees to the District Co-operative Central Banks and give opportunity to all concerned to file objections, if any, within one month of publication of the inter-se-seniority and, after considering objections, issue the final list within four months.
(vii)Disciplinary Control. - The Managing Committee of the District Co-operative Central Bank or the officer authorised by it, shall have power over the employees of erstwhile Primary Agricultural Development Banks transferred to the service of the District Co-operative Central Banks in respect of disciplinary action, transfers, promotions, sanction of leave etc., as per District Co-operative Central Bank Employees Service Regulations.
(viii)Continuity of Service. - The services rendered by the Officers and employees of erstwhile Primary Agricultural Development Banks upto and from 1-4-1987 shall be deemed to be service rendered in the District Co-operative Central Banks to which they were transferred.
(ix)Appeal. - Any person aggrieved by any order of the General Manager of the District Co-operative Central Bank may appeal to the Managing Committee of the District Co-operative Central Bank concerned and its decision shall be final and binding.
[73A. Andhra Pradesh State Co-operative Bank to disburse long term loans and make necessary arrangements. - Consequent on the abolition of the Andhra Pradesh Co-operative Central Agricultural Development Bank by Section 2 of the Andhra Pradesh Co-operative Central Agricultural Development Bank by Section 2 of the Andhra Pradesh Single Window Co¬operative Credit Structure at State Level Act, 1994 (Act 14 of 1994) the Board of the Andhra Pradesh State Co-operative Bank (successor Bank) shall have the power to make necessary administrative arrangements for the sanction and disbursal of the long term loans and other related functions.] [Added by G.O.Ms.No. 121, Agriculture & Co-op., dated 22-4-1999. ]