CO-OPERATIVE EMPLOYEES COMMISSION ACT

Arrangement of Sections

1. Short title.

2. Power of Minister to exempt co-operative societies from the succeeding provisions of this Act.

PART I

CONSTITUTION, POWERS AND FUNCTIONS OF THE CO-OPERATIVE EMPLOYEES COMMISSION

3. Establishment of Co-operative Employees Commission.

4. Constitution of the Commission.

5. Incorporation of the Commission.

6. Term of office of members.

7. Chairman, and conduct of business.

8. Remuneration of members.

9. Secretary and other officers.

10. Taking of oaths by members and officers of Commission.

11. Powers of the Commission.

12. Financial provisions.

PART II

CO-OPERATIVE SOCIETIES AND THEIR EMPLOYEES

13. Co-operative society to be an employer.

14. Co-operative societies and their employees to be subject to directions of the Commission.

15. Directions of Commission to be binding upon employees of co-operative societies.

16. Introduction of terms and conditions of service and options as to their acceptance.

17. Examination of serving officers and restriction on application of new terms and conditions of services.

18. Residential qualifications.

19. Scales of salary of employees to be determined according to grading of a co-operative society and grade or class of employees.

20. Secondment of Government.

21. Salaries of employees of co-operative societies.

22. Transfer of employees of co-operative societies.

23. Dismissal and punishment of employees of co-operative societies.

24. Security furnished by employees of co-operative societies.

25. Regulations relating to employees.

26. Duties of co-operative respect of its employees.

27. Provident Fund.

28. Co-operative employees to be employees of the society and not of the Commission.

PART III

POWERS OF THE COMMISSIONER

29. Commissioner to grade societies and determine staff.

30. The Commission to secure the concurrence of the Commissioner regarding qualifications, salary scales.

PART IV

MISCELLANEOUS

31. Removal of difficulties.

32. Commission to make regulations.

33. Immunity of individual member of the commission.

34. Engagement of contractual, casual or daily-paid employees.

35. Offences.

36. Interference with the Commission.

37. Unauthorised disclosure of information prohibited.

38. Communications of the, Commission to be privileged.

39. Application of the Industrial Disputes Act to co-operative societies and their employees.

40. Interpretation.

SCHEDULE

12 of 1972,

51 of 1992.

AN ACT to establish and incorporate a commission to be known as the co-operative employees commission, to make special provision in respect of employees of co-operative societies, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 21st March, 1972]

1. Short title.

This Act may be cited as the Co-operative Employees Commission Act.

2. Power of Minister to exempt co-operative societies from the succeeding provisions of this Act.

The Minister may, by Order published in the Gazette, exempt from the succeeding provisions of this Act—

(a) any such class of co-operative societies as shall be specified therein; or

(b) any such co-operative society as shall be so specified, and accordingly the expression "co-operative society”, wherever it occurs in such provisions, shall be read and construed to mean a co-operative society in respect of which any such Order is not for the time being in force.

PART I

CONSTITUTION, POWERS AND FUNCTIONS OF THE CO-OPERATIVE EMPLOYEES COMMISSION

3. Establishment of Co-operative Employees Commission.

For the purposes of this Act, an authority to be called and known as the Co-operative Employees Commission shall be established.

4. Constitution of the Commission.

(1) The Commission shall be constituted in accordance with the succeeding provisions of this section.

(2) The Commission shall consist of three members appointed by the Minister.

(3) A person shall not be qualified for appointment as a member of the Commission, if he is—

(a) an employee or a past employee of a co-operative society; or

(b) a person who is a member of any body of persons which, in the opinion of the Minister, is a staff association, or trade union, which has as its objects, or one of
its objects, the regulation of salaries, wages or conditions of service of any category of persons employed by co-operative societies; or

(c) a person who is an officer of a co-operative society according to the law relating to co-operative societies; or

(d) a person who is for the time being a Member of Parliament.

5. Incorporation of the Commission.

The Commission shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate capacity.

6. Term of office of members.

Each member of the Commission Term of office shall hold office for a period of three years from the date of his appointment:

Provided that notwithstanding the term of any such appointment—

(a) any such member may at any time resign his office or be removed from office by the Minister; and

(b) any such member shall, upon his becoming disqualified in terms of section 4(3), ipso facto, vacate his office; Provided, further, that any person who is appointed to fill any vacancy caused by the death, resignation or removal from or vacation of office, of any such member shall, unless he vacates office earlier, hold office during a period equal to the unexpired portion of the term of office of the member in whose place he is appointed and no longer.

7. Chairman, and conduct of business.

(1) The Minister shall appoint one of the members of the Commission to be its Chairman. The Chairman shall preside at all meetings of the Commission at which he is present. In the absence of the Chairman from any meeting of the Commission any member chosen by those present may preside thereat.

(2) Two members shall constitute the quorum for a meeting of the Commission.

(3) If at any meeting only two members of the Commission are present and such members are divided in opinion as to the decision to be taken on any question, such question shall be referred to a meeting at which the three members of the Commission are present.

(4) If at any meeting, at which the three members of the Commission are present, the members of the Commission are divided in opinion as to the decision to be given on any question, such question shall be decided according to the opinion of the majority of the members present, but if the members are equally divided, then, the Chairman shall have a casting vote.

(5) The Commission may regulate its own procedure in any matter not provided for in this Act or any regulation made thereunder.

(6) Any act or proceeding of the Commission shall not be invalid by reason only of the existence of a vacancy among its members or any defect in the appointment of any of its members.

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