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State of Himachal Pradesh - Section

Section 56 in Himachal Pradesh Co-Operative Societies Rules, 1971

56. Officers and employees of Co-operative Societies.

(1)Notwithstanding anything contained in the bye-laws of a society, no Co-operative Society shall appoint any person as its paid officer or employee in any category of service unless he possesses the qualifications and furnishes the security, if so specified by the Registrar, from time to time, for such category of service in the society, or for the class of society to which it belongs. The conditions of service of the employees of the societies shall be specified by the Registrar.
(2)No Co-operative Society shall retain in service any paid officer or employee, if he does not acquire the qualifications or furnish the security as is referred to in sub-rule (1) within such time as the Registrar may direct.
(3)[ No Co-operative society shall employ a salaried officer or servant with total monthly emoluments exceeding rupees 'one thousand' without the previous permission of the Registrar. The promotion of an employee to a higher post shall be deemed to be an appointment under this sub-rule.] [Added by Notification No. Co-op. A (3) 1/86 (s) dated 8-7-1987, Published in the Rajpatra, Himachal Pradesh as required under Article 348 (3) of the Constitution of India.]
(4)The Registrar may for special reasons to be recorded in writing relax in respect of any paid officer or employee, the provisions of this rule in regard to the qualifications he should possess or the security he should furnish.
(5)[ Where, in the course of an audit under section 61, or an inspection under section 65 or inspection under section 66, or inquiry under section 67, it is brought to the notice of the Registrar that the paid officer or servant of a society had committed, or has been otherwise responsible for mis-appropriation, breach of trust or other offence, in relation to the society, or has wilfully elected or failed to discharge his duties and functions as enjoined on him under the Act, rules or bye-laws or is otherwise responsible for any act or omission thereby adversely affecting the interest of the society, the Registrar may if in his opinion, there is prima facie evidence against such paid officer, or servant, and suspension of such paid officer or servant is necessary in the interest of the society, direct the committee of the society, pending the investigation and disposal of the matter, as the case may be, to place or cause to be placed such paid officer or servant under suspension from such date and for such period as may be specified by him.] [Amended vide extra ordinary gazette dated 27th April, 1976.][Provided that an officer/servant of the society shall be deemed to have been placed under suspension by an order of the competent Authority or the Registrar in the following circumstances :-
(a)If he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b)If in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty eight hours.
If a servant of the society who has been detained for a period exceeding forty-eight hours is later on released on bail, such release will not affect the deemed suspension which will continue to be in force until revoked by the competent authority or the Registrar.] [Inserted vide notification No.Coop. A(3)-1/99-Vol.-I dated 25-7-2006 published in Rajpatra dated 27-7-06.]
(6)on receipt of a direction from the Registrar under sub-rule (5), the committee of society shall, notwithstanding any provision to the contrary in the bye-laws, place or cause to be placed the paid officer or servant under suspension forthwith.
(7)If the committee fails to comply with the direction issued under sub-rule (5), the Registrar may make an order placing such paid officer or servant under suspension from such date and for such period as he may specify in the order and thereupon the paid officer or servant, as the case may be, shall be under suspension.
(8)The officer or servant suspended under this rule shall be reinstated only after the previous approval of the Registrar.