Section 75 in The Tamil Nadu Co-Operative Societies Act, 1983
75. Constitution of common cadre of service.
(1)Notwithstanding anything contained in this Act or the bye-laws made thereunder and subject to the Rules made by the Government in this behalf, the Government may, in the interest of the co-operative movement, constitute, from time to time, by order, in respect of-(i)scheduled co-operative societies; or(ii)primary societies affiliated to such scheduled co-operative societies; or(iii)Co-operative sugar mills, co-operative spinning mills, co-operative tea factories and such other registered societies prescribed for the purposes of sub-section (4) of section 33; or(iv)such other class or category of registered societies in which the Government have taken shares or given financial or other assistance as may be notified by the Government, one or more common cadre of service in respect of the posts of Secretaries, Assistant Secretaries, Executive Officers, Assistant Executive Officers, General Managers, Assistant General Managers, Managers, Assistant Managers, Purchase Managers, Purchase Officers, Assistant Purchase Officers, Development Officers, Chief Accountants, Chief Accounts Officers, Accounts Officers and such other class or classes of posts as may be notified by the Government. The common cadre of service under this section may be constituted either separately in respect of the said posts in any group of registered societies mentioned in item (i) or item (ii) or item (iii) or item (iv), as the case may be, or jointly for the aforesaid posts in one or more of the groups of registered societies mentioned in the said items (1), (ii), (iii) and (iv) or of two or more of the registered societies in any one of the groups mentioned in the said items.(2)When any such common cadre of service is constituted under sub-section (1) in respect of any post, all the employees holding such posts on the date of constitution of such common cadre of service, shall be deemed to have been absorbed in the common cadre of sendee with effect on and from the date of constitution of such common cadre of service:Provided that the salary (including allowances) of any such employee shall not be varied to his disadvantage:Provided further that any such employee may, within such period as may be prescribed, by notice in writing to the competent authority constituted under sub-section (3) intimate his option for not becoming a member of such common cadre of service, and in that event, his services in the registered society shall stand determined with effect on and from the date of such notice and he shall be entitled to either,-(i)all the terminal benefits to which he would have been eligible under the bye-laws or contract or award, applicable to him immediately before the date of constitution of such common cadre of service as if such employee had retired from service; or(ii)compensation which shall be equivalent to fifteen days' salary of such employee (including allowances) for every completed year of continuous service or any part thereof in excess of six months, whichever is higher.Explanation. - For the purposes of this sub-section, "continuous service" shall mean an uninterrupted service including service which may be interrupted on account of sickness or authorised leave or an accident.(3)The order under sub-section (1) shall provide for the constitution of the competent authority which shall be a committee consisting of both officers of the Government and non-officials and the total strength of such committee shall not exceed five, from among whom one of the officers of the Government not below the rank of Joint Registrar in the Co-operative Department or not below such rank in other departments of the Government as may be prescribed, shall be appointed by the Government as the Chairman, to exercise the powers of recruitment, appointment, transfer and disciplinary control (including censure, stoppage of increment, withholding of promotion, suspension by way of punishment, reduction to a lower rank in the seniority list or to a lower post or time scale whether in the same service or in another service or to a lower stage in a time scale, compulsory retirement, removal or dismissal) and such other powers as may be prescribed in respect of holders of posts in such common cadre of service. After the constitution of such competent authority, the registered society concerned shall not, in respect of holders of posts in such common cadre of service, exercise any of the powers which are conferred by or under this Act or the Rules made thereunder on the competent authority in respect of such common cadre of service. There shall be a separate competent authority in respect of each common cadre of service:Provided that the Government may direct that, for such period not exceeding three years from the date of constitution of a common cadre of service, such committee in relation to that common cadre of service, shall consist of only a single officer of the Government not below the rank of Joint Registrar in the Cooperative Department or not below such rank in other departments of the Government as may be prescribed; and such officer shall be the "competent authority constituted under sub-section (3) of section 75" for the purposes of this Act and any reference to the competent authority in this Act shall, for the period mentioned in this proviso, be construed as a reference to the single officer aforesaid!:Provided further that the registered society under which an employee borne on a common cadre of service is for the time being employed shall also have the power to impose on such employee the penalty or censure or stoppage of increment up to two years without cumulative effect.Explanation. - For the purposes of this sub-section,-(i)"Officers of the Government" means Government servants subordinate to the Registrar for the State not below the rank of Deputy Registrar in the Cooperative Department or not below the rank of Assistant Director in other departments of the Government;(ii)"non-officials" means President, Vice-President or any other member of the board of a registered society of the same class or category in respect of which common cadre of service is constituted.(4)(a)The registered society under which an employee borne on a common cadre of service is employed, may request the competent authority to take disciplinary action on, or action on, or to transfer, such employee, and if the competent authority fails to take action within a period of thirty days from the date of such request, the registered society may report the matter to the Registrar for taking such action as he may deem necessary.(b)If in the opinion of the Registrar, whether upon a request under clause (a) or otherwise, it is necessary or expedient in the interest of any registered society, to take disciplinary action on, or to transfer from any registered society, an employee borne on a common cadre of service, the Registrar may direct the competent authority to take disciplinary action on, or to transfer such employee; and where the competent authority fails so to do, the Registrar may himself take disciplinary action on, or order the transfer of, such employee from the registered society concerned.(5)(a)Any employee of a common cadre of service aggrieved by any order of the competent authority relating to censure, stoppage of increment, withholding of promotion, suspension by way of punishment, reduction to a lower rank in the seniority list, or to a lower post or time scale whether in the same service or in another service or to a lower stage in a time scale, compulsory retirement, removal or dismissal, may appeal to the Registrar against such order within sixty days from the date of such order and the Registrar shall follow such procedure as may be prescribed for the disposal of the appeal.(b)Where the order appealed against is that of the Registrar for the State, the appeal under sub-clause (a) shall lie to the Government:Provided that in disposing of an appeal under this sub-section, the Registrar or the Government, as the case may be, shall give a reasonable opportunity of being heard to the parties concerned:Provided further that the Registrar or the Government, as the case may be, may pass such interlocutory order pending the decision on the appeal as he or they deem fit:Provided also that the Registrar or the Government, as the case may be, may award costs in any proceedings under this sub-section to be paid either out of the funds of the competent authority or by such party to the appeal as the Registrar or the Government, as the case may be, may deem fit.(6)(a)Any employee borne on a common cadre of service, aggrieved by an order relating to censure or stoppage of increment, passed by a registered society, may appeal to the competent authority.(b)An appeal under this sub-section shall be made within sixty days from the date of the order appealed against and the competent authority shall follow such procedure as may be prescribed for the disposal of the appeal:Provided that, in disposing of an appeal under this sub-section, the competent authority shall give a reasonable opportunity of being heard to the parties concerned:Provided further that the competent authority may pass such interlocutory order pending the decision on the appeal as the competent authority may deem fit:Provided also that the competent authority may award costs in any proceedings under this sub-section to be paid either out of the funds of the registered society or by such party to the appeal, as the competent authority may deem fit.(7)The provisions of section 41 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) shall not apply to the employees of common cadre of service constituted under sub-section (1).(8)The Government may, by general or special order, require the registered society or class or category of registered societies concerned to make contribution of such sum as may be fixed by them towards the full or partial recoupment of the expenditure incurred or likely to be incurred by the competent authority.(9)The Government may, by Rules, specify the rate at which the registered societies shall contribute towards the salary (including allowances), subsistence allowance, leave salary, provident fund and gratuity and such other sums or allowances as may be prescribed of the employees of the common cadre of service.(10)Any sum to be contributed under sub-section (8) or sub-section (9) may be recovered as if it were an arrears of land revenue and for the purposes of such recovery, the Registrar shall have the powers of a Collector under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864).
