Section 74H

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Amalgamation of District Co-operative Banks to the Kerala State Co-operative Bank.-(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, Registrar shall order the amalgamation of District Co-operative Banks in Kerala with the Kerala State Co-operative Bank on the basis of the resolution passed by the general body as provided under Section 14A of this Act. (2) With the prior approval of the Government the Registrar shall bring into effect the scheme of amalgamation, proposed by the Kerala State Co- operative Bank which is to be presented to the transferor banks. (3) On and from the date of amalgamation, the shares held by the members of the transferor banks shall be deemed to be the shares of the transferee bank as such: Provided that the value of shares shall be on the basis of face value of shares held by the members of the transferor banks. (4) Notwithstanding anything contained in Section 15 of this Act on and from the date of amalgamation of the transferor banks and the transferee bank, the transferor banks shall cease to exist and its registration shall stand cancelled: Provided that no new registration certificate is required for the transferee bank. (5) The existing board of directors of transferor banks and transferee bank shall cease to exist on the date of amalgamation and the Government shall nominate an interim board consisting of not more than 3 members for a period not exceeding 1 year from the date of amalgamation or till a newly elected board of directors takes charge, whichever is earlier. (6) The interim board shall consist of the following members, namely:- (i) an officer not below the rank Chairperson, Ex-officio; of Secretary to Government (ii) The Managing Director/ Chief Member , Ex-officio Executive Officer of the Kerala State Co-operative Bank (iii) an officer not below the rank of Member, Ex-officio Additional Secretary to Government in Finance Department (7) The interim Board shall exercise all the powers of the Board of Directors of the Transferee Bank as per the Act, Rules and the bye-laws issued thereunder and shall take such necessary steps to complete the amalgamation procedures and conduct election to the Board of Directors. (8) The Board of Directors of the Kerala State Co-operative Bank shall consist of not more than Twenty one members as may be prescribed in the rules. (9) For the purpose of election to the Board of Directors, section 28, section 28A and section 31 of this Act shall apply. (10) There shall be a Board of Management for taking decisions relating to the banking business and the structure, powers and functions of the Board of Management shall be as may be prescribed in the bye-laws. (11) Notwithstanding anything contained in sub-section (10) of section 63 of this Act,- (i) the audit of the financial accounts, as prescribed by the Reserve Bank of India, in the Kerala State Co-operative Bank shall be done by the Chartered Accountants from among the panel of Auditors/Audit Firm approved by the Director of Co-operative Audit; (ii) the audit of the administrative matters and related accounts of the Kerala State Co-operative Bank shall be done by a panel of departmental auditors; (iii) the above auditors shall exercise all powers mentioned under clauses (a), (b) and (c) of sub-section (2) of section 64. (12) Any proceedings, suits, decree, recovery certificates, appeals and all other legal proceedings pending or existing immediately before the date of amalgamation before any Court or Tribunal or any other authority, by or against the transferor banks may, as from the date of amalgamation be continued and enforced by or against the transferee bank. (13) Every permanent and regular employee of the transferor bank or employees on probation, serving in the employment of the transferor bank immediately before the date of amalgamation, shall become, on and from the date of amalgamation, an employee of the transferee bank and shall hold office therein or serve the transferee bank, as the case may be, and shall continue to work in accordance therewith: Provided that the Government shall make a scheme for cadre integration, seniority, promotion and transfer and such other matters related to employees of the transferor bank and the transferee bank in the service of the transferee bank. (14) Notwithstanding anything contained in the staff regulation or recruitment rules of the transferor and transferee bank, the service conditions of the employees on amalgamation shall be as prescribed by the Government. (15) The employees who have retired before the date of amalgamation from the service of the transferor banks or opted not to join in the service of the transferee bank on and from the date of amalgamation, and are entitled to benefits, rights or privileges, if any, from transferor bank, shall receive such benefits, rights or privileges from the transferee bank. (16) The Provident Fund/Gratuity Fund/Pension Fund or any other funds of the transferor bank and any other bodies created, established or constituted as the case may be, for the employees of the transferor banks shall continue with the transferee bank. (17) The transferee bank may open branches based on the prudent financial analysis in line with the provisions of the Banking Regulation Act, 1949 (Central Act X of 1949). (18) Notwithstanding anything contained in this Act, the provisions of this Chapter shall have overriding effect on all other provisions of the Act.] 73a inserted by Act 1 of 2019 CHAPTER XI Execution of awards, decrees, orders and decisions 75.Enforcement of charge.- Notwithstanding anything contained in Chapter IX or any other law for the time being in force, but without prejudice to any other mode of recovery provided in this Act, the Registrar or any person subordinate to him empowered by the Registrar in this behalf, may, on the application of a society, by order in writing, direct the payment of any debt or outstanding demand due to the society by any member or past member or deceased member, by sale of the property or any interest therein, which is subject to a charge under sub-section (1) of section 35: Provided that no order shall be made under this section, unless the member, past member or the nominee, heir or legal representative of the deceased member, has been served with a notice of the application and has failed to pay the debt or outstanding demand within thirty days from the date of such service. 76.Execution of orders, etc..-Every order made under sub-section (2) of section 68 or under section 75, every decision or award made under section 70, every order made by the liquidator under section 73 and every order made by the Tribunal under section 82, section 84, section 85 or section 86 and every order made under section 83 shall , if not carried out, – (a)on a certificate signed by the Registrar or any person authorised by him in this behalf, be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court; or (b)where the order is for the recovery of money, be executed according to the law and under the rules for the time being in force for the recovery of arrears of public revenue due on land: Provided that any application for such recovery shall be made— (i)to the Collector and shall be accompanied by a certificate signed by the Registrar or by any person authorized by him in this behalf; (ii)within twelve years from the date fixed in the order, decision or award and if no such date is fixed, within twelve years from the date of the order, decision or award, as the case may be; or (c)be executed by the Registrar or any other person subordinate to him empowered by the Registrar in this behalf, by the attachment and sale or sale without attachment of any property of the person or a society against whom the order, decision or award has been obtained or passed. 77.Registrar or person empowered by him to be a civil court for certain purposes.-The Registrar or any person empowered by him in this behalf shall be deemed, when exercising any power under this Act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application made to him for such recovery, to be a civil court for the purpose of Article 136 of the Schedule to the Limitation Act, 1963 (Central Act 36 of 1963). 78.Attachment of property before award or order.-If the Registrar is satisfied on an application, report, inquiry or otherwise that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Act— (a)is about to dispose of the whole or any part of his property; or (b)is about to remove the whole or any part of his property from the jurisdiction of the Registrar, the arbitrator or the liquidator, as the case may be, he may, unless adequate security is furnished, by order in writing, direct the attachment of the said property, and such attachment shall have the same effect as if made by a competent civil court. 79.Recovery of sums due to Government.-(1)All sums due from a society or from an officer or member or past member or deceased member of a society as such to the government, including any costs awarded to the Government under any provision of this Act, may, on a certificate issued by the Registrar 74[or Director of the Co-operative Audit] in this behalf, be recovered in the same manner as arrears of public revenue due on land. (2) Sums due from a society to the Government and recoverable under sub-section (1) may be recovered first, from the property of the society and secondly, in the case of a society the liability of the members of which is limited, from the members, past members or the estates of deceased members, subject to the limit of their liability, and in the case of other societies, from the members, past members or the estates of the deceased members: Provided that the liability of past members and estates of deceased members shall in all cases be subject to the provisions of section 26. 74 inserted by Act 8/2013 CHAPTER XII Establishment 80.Officers, etc., of co-operative societies.-(1) The Government shall classify the societies in the State according to their type and financial position. (2) The Government shall, in consultation with 75[the Registrar], fix or alter the number and designation of the officers and servants of the different classes of societies specified in sub-section (1). (3)The Government shall, 75a[XXX] make rules, 75i[either prospectively or retrospectively], regulating the qualification, remuneration, allowances and other conditions of service of the officers and servants of the different classes of societies specified in sub-section (1). 75h[(3A) Notwithstanding anything contained in this Act or the rules made or orders issued thereunder or in the bye-laws of any society relating to the recruitment and conditions of service of officers and servants of societies, all appointments of officers and servants of the societies mentioned in the 75b[Schedule I] for which direct recruitment is resorted to shall be made from a select list of candidates furnished by the Kerala Public Service Commission 75e[and in making such recruitment the reservation principles under Rule 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall be followed.]] 75f[(3AA)Notwithstanding anything contained in this Act or any other law, or judgment or order of any court, all appointments already made on the advice by the Kerala Public Service Commission following the reservation principles under Rule 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 to the societies mentioned in the schedule for which direct recruitment shall be resorted to shall be deemed to have been validly done as if such provisions were in force at that time.] 75h[(3B) All appointments made by direct recruitment to the societies referred to in sub- section (3A) on or after the 25th day of April, 1995 and before the date of publication of the Kerala Co-operative Societies (Amendment) Ordinance, 1995 (Ordinance No. 10 of 1995) shall be invalid.] 75j[(4) Notwithstanding anything contained in sub-section (1) or sub- section (2), ten per cent of the posts of employees of every society shall be reserved for appointment from persons belonging to the Scheduled Castes and Scheduled Tribes where the method of appointment to such posts is by direct recruitment.] 75g[(5)Notwithstanding anything contained in sub-section (1) or (2) three percent of the total posts of employees of every society shall be reserved for physically handicapped persons having disability of forty percent or above, as certified by the medical board and the procedure of appointment shall be such as may be prescribed: Provided that in societies where there are more than ten and less than thirty three employees including cadre and sanctioned posts, there shall be reserved a minimum of one employee belonging to physically handicapped persons. 75c[(6)Government shall have power to fix or alter the maximum and minimum limit of establishment expenses of co-operative societies including the pay and allowances and other benefits of employees of Co-operative Societies: Provided that societies run on net loss can give pay and allowances to its employees below the minimum limit fixed by the Government.] (7)Notwithstanding anything contained in the bye-laws, a society shall not pay bonus to its employees exceeding the amount and the rate fixed by the Government or the Registrar from time to time. (8)Government shall, by order, frame uniform Service Rules and Conduct Rules for the employees of any or all classes of co-operative societies. (9)Suspension and disciplinary action in relation to an officer, employee or servant of a co-operative society shall be such, as may be prescribed.] 75d[(10)The Government may, on mutually agreed terms and on application of a society, depute a Government servant to the service of the society for the purpose of managing its affairs and the Government servant so deputed shall exercise such powers and perform such duties as may be prescribed.] 75, 75b, 75c substituted, 75a omitted & 75d inserted by Act 8/2013 75e, 75f, 75g inserted by Act 7/2010 75h inserted by Act 6/1995 75i inserted by Act 7/1988 75j inserted by Act 29/1986 76c[80A. Pension Scheme.-(1) The Government may, by notification in the Gazette, frame a Self Financing Pension Scheme for the establishment of a Pension Fund for payment of pension to the employees of the societies 76[and to the employees of the Boards constituted under the provisions of this Act] in the manner provided therein and may appoint different dates for the application of the scheme to different classes of societies 76a[or Boards]. 76b[(1A)The Self Financing Pension Scheme framed under sub-section (1) may also provide for payment of pension from the pension fund, at such rates and subject to such conditions and restrictions as may be specified therein, to person retired from service of any society during the period between 1st January, 1974 and 3rd June, 1993 and are alive.] 76c[(2) The Pension Fund established under the Self Financing Pension scheme framed under sub-section (1) shall vest in, and be administered by, such body or authority as may be specified in the said scheme.] 76, 76a inserted by Act 24/2014 76b inserted by Act 3/2002 76c inserted by Act 16/1993 77a[80B. Co-operative Service Examination Board.-(1) Notwithstanding anything contained in this Act or the rules or in the bye-laws of any society relating to the recruitment of officers and servants thereof, the Government shall, by notification in the Gazette, constitute a Co-operative Service Examination Board for the conduct of written examination for all direct recruitment to posts of and above the category of Junior Clerks in the Primary Agricultural Credit Societies, Primary Credit Societies, Urban Co- operative Banks and Primary Agricultural and Rural Development banks in the State. 77[(1A)The Co-operative Service Examination Board shall also conduct competitive or qualifying examination if any for promotion of employees in the societies, in such manner as may be prescribed.] [(2)The Examination Board shall consist of not more than three members and the term of the Board shall be five years. The powers and functions and other conditions of appointment of the members of the Board and the procedures to be followed by the Board for the conduct of examination and the preparation of list of candidates to be interviewed for appointment shall be such as may be prescribed. (3)All appointments shall be made by the committee concerned from the list of candidates after conducting an interview of the candidates and making a select list there from in such manner as may be prescribed. (4)Notwithstanding anything contained in sub-section (3A) of section 80 and in sub-section (1) of this section, the committee of a society may, with the prior approval of the Registrar, appoint persons who are professionally or technically qualified or persons with experience and expertise to posts requiring such technical or professional qualifications on contract basis or by the method of deputation for such period, but not exceeding five years, as may be specified.] 77 inserted by Act 7/2010 77a inserted by Act 1/2000 78[80C.The Kerala Co-operative Employees’ Welfare Scheme.-(1)The Government may, by notification in the Gazette, frame a Scheme to be called the Kerala Co-operative Employees Welfare Scheme for the establishment and management of a Fund by name “the Kerala Co- operative Employees’ Welfare Fund” and there shall be established, as soon as may be, after framing of the Scheme, a fund in accordance with the provisions of this Act and the Scheme. (2)The Welfare Fund established under the Scheme shall vest in the Kerala State Co-operative Employees’ Welfare Board and be administered by such body or authority as may be specified in the Scheme. (3)Subject to the provisions of this Act, the Scheme may provide for the following matters, namely:- (i)the management and administration of the Kerala State Co- operative Employees’ Welfare Fund; (ii)powers and functions of the authority or body to be constituted there under; and (iii)the composition and pattern of the establishment set up of the Kerala State Co-operative Employees’ Welfare Board constituted under the scheme.] 78 inserted by Act 22/2013 79[80D. The Kerala State Co-operative Employees’ Welfare Board.-(1)The Government shall, by notification in the Gazette, constitute a Board to be called “the Kerala State Co-operative Employees’ Welfare Board” for implementing the welfare schemes for the regular employees, commission agents and the persons working in the capacity of any other name on commission basis in a Co-operative society registered or deemed to be registered under this Act and coming under the administrative control of the Registrar of Co-operative Societies as well as other departments of the State Government in accordance with the provisions of this Act and the Scheme. (2)The Board constituted under sub-section (1) shall provide for the constitution of a Welfare Fund and specify therein, the manner in which its fund shall be raised and administered for the welfare of the employees and the rates of contribution to be paid by the employees and the co-operative societies towards the fund. (3)The Board may provide money and other aids to the employees in their indigent conditions and for the following purposes, namely:- (i)for the payment of financial assistance to the family of the deceased employees; (ii)for the payment of medical assistance to the employees who have undergone treatment for diseases to be specified therein ; (iii)for refund of the contributions made by the employees on their retirement or relief on other grounds; (iv)for the grant of advances to the employees for meeting their medical expenses; (v)for awarding cash prizes to the children of employees at such rates and subject to such conditions as may be prescribed therein; and (vi)for any other purposes provided for in the Scheme or which may be found necessary or proper for the implementation of the scheme. (4)The Government may make rules with regard to the terms and conditions of the services of the employees of the Kerala State Co-operative Employees’ Welfare Board.] 79 inserted by Act 22/2013 CHAPTER XIII Appeals, Revision and Review 81[81. Tribunal.- (1)The Government shall constitute a single member Tribunal to exercise the powers and discharge the functions conferred on the Tribunal under this Act. (2)A person shall not be qualified for appointment as a member of the Tribunal unless he is or has been holding the post of a District Judge in the State. (3)The term, salary and allowances and other conditions for service of the member shall be such as may be decided by Government from time to time. (4)The Government shall make rules for regulating the procedure and disposal of the business of the Tribunal.