Section 39 in Rajasthan Co-operative Societies Rules, 2003
39. Officers and employees of cooperative societies.
(1)Notwithstanding anything contained in the bye-laws of any 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 including the procedure of recruitment discipline] [Substituted 'The conditions of service including discipline' by Notification No. G.S.R. 53, dated 10.7.2017.] and control of the employees of the societies shall be such as specified by the Registrar.(2)No co-operative society shall retain in service any paid officer or employees, 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)The Registrar may for special reasons, 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.(4)Where it comes to the notice of the Registrar that a paid officer or servant of a society has committed or has been otherwise responsible for misappropriation, breach of trust or other offence, in relation to the society, the Registrar may, if in his opinion, there is prima facie evidence against such paid officer or servant and the 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, 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.(5)On receipt of a direction from the Registrar under sub-rule (4), the committee of the 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.(6)The Registrar may direct the committee to extend from time to time the period of suspension and the paid officer or servant so suspended shall not be reinstated except with the previous sanction of the Registrar, whose decision shall be final.(7)If the committee fails to comply with the direction issued under sub-rule (4), 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)Immediately after placing the employee under suspension under sub-rule (4) or (7) as the case may be, the society shall initiate disciplinary action against the suspended employee under the prevalent service/disciplinary rules applicable on the employee.(9)[ A short term co-operative credit structure society shall, subject to the general conditions and norms laid down by the Registrar in this regard, have autonomy in internal administrative matters including the personnel policy, staffing, recruitment, posting and compensation to staff.] [Substituted by Notification No. G.S.R. 53, dated 10.7.2017.](10)[ Where a Chief Executive Officer appointed by the Apex Co-operative Bank or a Centra Co-operative Bank does not fulfill the eligibility criteria specified by the Reserve Bank of India or has been appointed without following the specified procedure, the Registrar may, after giving him an opportunity of hearing, pass an order for removal of such officer:Provided that where an advice has been received from the Reserve Bank of India or the National Bank for removal of a Chief Executive Officer, the orders for such removal shall be issued within a period of one month.] [Added by Notification No. G.S.R. 73, dated 19.9.2011.]
