Uttar Pradesh Co-operative Socities Employees’ Service
(Fifteenth Amendment) Regulations, 2011

[No. 838/XL/X-2-115 (419)-2007, Dated, 4 July, 2011, Co-operative Anubhag-2, Part-4, Section (Kha), Dated 4-7-2011]

In pursuance of the provisions of clause (3) of Article 348 of the Constitution, the Governor is pleased to order the publication of the following English translation of notification No. 838/XLIX-2-115(419)-2007, dated July 4, 2011:

No. 838/XLIX-2-115(419)-2007

DatedLucknow, July 4, 2011

The following regulations with a view to amending the Uttar Pradesh Co-operative Societies Employee Service Regulation, 1975 which govern recruitment and conditions of service of the employees of the Co-operative societies in Uttar Pradesh falling within the purview of Uttar Pradesh Co-operative Institutional Service Board, framed under sub-section (1) of section 122 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. 11 of 1966) by said Board approved by the Governor are hereby published as required by sub-section (2) of section 122 of the said Act.

The Uttar Pradesh Co-operative Socities Employees’ Service
(Fifteenth Amendment) Regulations, 2011

1. Short title and commencement.—(1) These regulations may be called the Uttar Pradesh Co-operative Societies Employees’ Service (Fifteenth Amendment) Regulations, 2011

(2) They shall come into force with effect from the date of their publication in the Gazette.

2. Amendment of Regulation 19.—In Uttar Pradesh Co-operative Societies Employee’s Service Regulations, 1975 hereinafter referred to as the said regulations for regulation 19 set out in Column-I below, the regulation as set out in Column-II shall be Substituted, namely—

Column-I

Column-Ii

Existing regulation

Regulation as hereby substituted

19. Termination.—Services of an employee shall be terminable—

19. Termination.—Services of an employee shall be terminable—

(a) in case of temporary employee, on one month’s notice in writing on either side, or in lieu thereof by payment of one month's salary by the party which gives notice :

(a) in case of temporary employee, on one month’s notice in writing on either side, or in lieu thereof by payment of one month's salary by the party which gives notice :

Provided that in case of direct appoint- ments made for a specific period, it shall not be necessary to give any notice or any pay in lieu thereof.

Provided that in case of direct appoint- ments made for a specific period, it shall not be necessary to give any notice or any pay in lieu thereof.

Explanation.—‘Specific period’ means stated period of less than six months.

Explanation.—‘Specific period’ means stated period of less than six months.

(b) by three months’ notice in writing on either side in case of a confirmed employee.

(b) by three months’ notice in writing or in lieu thereof by payment of three month salary to the employee, in case of a confirmed employee.

Explanation.—(1) A notice given by an employee under Regulation No. 19 shall be deemed to be proper only if he remains on duty during the period of the notice :

Explanation.—(1) A notice given by an employee under this regulation shall be deemed to be proper only if he remains on duty during the period of the notice :

Provided that the employee may be allowed on request to avail such portion of earned leaves as may be due on him which shall however not exceed the notice period.

Provided that the employee may be allowed on request to avail such portion of earned leaves as may be due on him which however not exceed the notice period.

(2) The expression ‘month’ used in this regulation shall be a period of thirty days commencing on the date immediately following the date on which the notice is received by the employee or the appointing authority, as the case may be.

(2) The expression ‘month’ used in this regulation shall be a period of thirty days commencing on the date immediately following the date on which the notice is received by the employee or the appointing authority, as the case may be.

3. Amendment of Regulation 24-A.—In the said regulation for regulation 24-A set out in, column-I below, the regulation as set out in column-II shall be substituted, namely—

Column-1

Column-II

Existing regulation

Regulation as hereby substituted

Compulsory Retirement

Compulsory Retirement

24-A (1).—Notwithstanding anything contained in regulation 24, the appointing authority may at any time by notice as per provisions of regulation 19 to any employee, with out assigning any reason, require him to retire compulsorily after he attains the age of fifty years in public interest or in the interest of the society.

24-A (1).—Notwithstanding anything contained in regulation 24, the appointing authority may at any time by notice to any employee, with out assigning any reason, require him to retire compulsorily after he attains the age of fifty years in public interest or in the interest of the society in the following manner—

 

(a) in case of temporary employee, one month’s notice in writing or in lieu thereof by payment of one month’s salary :

 

Provided that in case of direct appointment made for a specific period, it shall not be necessary to give any notice or any pay in lieu thereof.

 

(b) In case of a confirmed employee, by three month’s notice in writing or in lieu thereof by payment of three months Salary :

 

Provided that the employee may be allowed on request to avail such portion of earned leave as may be due to him which shall not exceed the notice period.

 

Explanation.—In this sub-regulation (i) the words ‘Specific-period’ means the stated period of less than six months.

 

(ii) the words “one month” or “three months” shall be a period of thirty days or ninety days, respectively commencing on the date immediately following the date on which the notice is received by the employee.

(2) In order to be satisfied whether it will be in the public interest or in the interest of the society, to require an employee to retire under clause (1) the appointing authority may take into consideration any material relating to the employee and nothing herein contained shall be construed to exclude from consideration—

(2) In order to be satisfied whether it will be in the public interest or in the interest of the society, to require an employee to retire under sub-regulation (1) the appointing authority may take into consideration any material relating to the employee and nothing herein contained shall be construed to exclude from consideration—

(a) entries relating to any period before such employee was allowed to cross efficiency-bar or promoted to any post; or

(a) entries relating to any period before such employee was allowed to cross efficiency-bar or promoted to any Post; or

(b) adverse entry including special adverse entries against which represen-tations are pending.

(b) adverse entry including special adverse entries against which represen-tations are pending.

(c) any Act committed by the employee which is restricted under the Act, the rules the bye laws of the society and these regulations or any adverse remark made against him during the course of enquiry, inspection or audit conducted under the Act, or he had been surcharged under section 68 of the Act, or the Registrar has required the society to proceed against him under section 38 of the Act.

(c) any Act committed by the employee which is restricted under the Act, the rules the bye laws of the society and these regulations or any adverse remark made against him during the course of enquiry, inspection or audit conducted under the Act, or he had been surcharged under section 68 of the Act, or the Registrar has required the society to proceed against him under section 38 of the Act.

(3) The services of the employee against whom the order of compulsory retirement has been issued shall be deemed to have been dispensed with on the date of issue of the order and the provisions of regulation 19 shall apply for the payment of his salary and other emoluments :

(3) The services of the employee against whom the order of compulsory retirement has been issued shall be deemed to have been dispensed with on the date of issue of the order :

Provided that the order of the compulsory retirement shall be issued only after the prior approval of the Uttar Pradesh Co-operative Institutional Service Board.

Provided that the order of the compulsory retirement shall be issued only after the prior approval of the Uttar Pradesh Co-operative Institutional Service Board.

4. Amendment of Regulation 27.—In the said regulations for regulations 27 set out in Column 1 below, the regulation as set out in Column 2 shall be substituted, namely—

Column-1

Column-2

Existing regulation

Regulation as hereby substituted

27. Sources of recruitment.—(1) Recruitment to various grades or categories of post under Co-operative Society shall, as far as possible, be so arranged that 25 per cent of posts in Category I; 50 per cent of posts in Category II; and 80 per cent of posts in Category III are held by persons recruited directly and the remaining posts in the said Categories are held by the persons appointed by promotion from amongst incumbents of the post in the just below grade or category :

27. Sources of recruitment.—(1) Recruitment to various grades or categories of post under Co-operative Society shall, as far as possible, be so arranged that 25 per cent of posts in Category I; 50 per cent of posts in Category II; and 80 per cent of posts in Category III are held by persons recruited directly and the remaining posts in the said Categories are held by the persons appointed by promotion from amongst incumbents of the post in the just below grade or category :

Provided that the employees in Category IV shall be considered for promotion to posts in the lowest scale of pay in Category III to the extent of 20 per cent of the sanctioned strength of posts in that category :

Provided that the employees in Category IV shall be considered for promotion to posts in the lowest scale of pay in Category III to the extent of 20 per cent of the sanctioned strength of posts in that category :

Provided further that in view of special needs and professional requirements at middle level in U.P. Co-operative Bank
Ltd. 10 per cent posts of Assistant
General Manager may be filled by Direct recruitment :

Provided further that in view of special needs and professional requirements at middle level in U.P. Co-operative Bank Ltd. five per cent posts of Assistant General Manager and five per cent post of Manager may be filled by Direct recruitment :

Provided further that direct recruitment shall be made on lowest grade of the category, the number of posts for direct recruitment shall be calculated against total sanctioned post under different grades of that particular category.

Provided also that direct recruitment shall be made on lowest grade of the category, the number of posts for direct recruitment shall be calculated against total sanctioned post under different grades of that particular category.

(ii) Appointment to posts in Category IV, except the posts of Daftary, Jamadar etc., carrying a higher scale of pay, shall be made by direct recruitment while the said post of Daftary, Jamadar etc., carrying a higher scale of pay shall be filled in by promotion from amongst employees working in the lower scale of pay in that Category.

(2) Appointment to posts in Category IV, except the posts of Daftary, Jamadar etc., carrying a higher scale of pay, shall be made by direct recruitment while the said post of Daftary, Jamadar etc., carrying a higher scale of pay shall be filled in by promotion from amongst employees working in the lower scale of pay in that Category.

(iii) An employee of a Co-operative Society shall not be eligible for promotion on the next higher grade or category unless he has put in continuous service for minimum period of three years in the post held by him :

(3) An employee of a Co-operative Society shall not be eligible for promotion on the next higher grade or category unless he has put in continuous service for minimum period of three years in the post held by him :

Promotion to the post under a Co- operative society whether from Category II to Category I or within the various grades of Category I, shall be made on the principle of merit. For the evaluation of merit, character roll pertaining to preceding ten years, shall be considered, wherein 3 marks for excellent, 2 marks for very good and 1 mark for good shall be given for each annual character roll entry; and for bad remarks and adverse entry 3 negative marks shall be awarded and only those employees who have thus obtained minimum 18 marks or more shall be considered for promotion, in accordance with their seniority and reservation to the extent of vacant posts meant for promotion :

(4) Promotion to the post under a Co- operative society whether from Category II to Category I or within the various grades of Category I, shall be made on the principle of merit. For the evaluation of merit, character roll pertaining to preceding ten years, shall be considered, wherein 3 marks for excellent, 2 marks for very good and 1 mark for good shall be given for each annual character roll entry; and for bad remarks and adverse entry 3 negative marks shall be awarded and only those employees who have thus obtained minimum 18 marks or more shall be considered for promotion, in accordance with their seniority and reservation to the extent of vacant posts meant for promotion :

Provided that promotion in categories other than category 1 or within different grades of category 1 shall be done on the principle of seniority subject to the rejection of the unfit.

Provided that since in sub-regulation (3) the minimum qualifying service period of three years is prescribed for promotion, hence directly recruited employee, who has completed minimum three years continuous service on the post held by him and is otherwise eligible for promotion, shall be considered for promotion only when directly recruited concerned employe has obtained minimum 09 marks on the basis of minimum three years service, minimum 12 marks on the basis of minimum four years service, minimum 15 marks on the basis of minimum five years service and minimum 18 marks on the basis of six or more years services.

Provided for the that under the provision of para (i), the employees in category IV shall be considered for promotion in category III only, if they have passed Intermediate examination of the Board of High School and Intermediate education or any other examination recognized by the State Government as equivalent thereto,

(5) Notwithstanding anything to the contrary in these regulations only such employees of category IV shall be considered for promotion in category III, as have passed Intermediate examination of the Board of High school and Intermediate Education or any other examination recognized by the State Government as equivalent thereto,

(iv) An appointment by promotion in a co-operative society as provided in regulation 5 (1) (b) shall be done only with the prior approval of the Co-operative
Institutional Service Board and for that purpose the society shall submit all relevant information and records as required by the Board.

(6) An appointment by promotion in a co-operative society as provided in regulation 5 (1) (b) shall be done only with the prior approval of the Co-operative Institutional Service Board and for that purpose the society shall submit all relevant information and records as required by the Board.

Provided that if there arises any doubt during the course of implementation of the regulation, the matter shall be referred to Board whose decision shall be final, conclusive and binding on the society.

(7) If there arises any doubt during the course of implementation of this regulation, the matter shall be referred to the Board whose decision shall be final, conclusive and binding on the society.

5. Amendment of Regulation 55.—In the said regulation for regulation 55 set out in Column 1 below, the regulation as set out in Column II shall be substituted, namely—

Column-I

Column-II

Existing regulation

Regulation as hereby substituted

55. Study leave.—(i) Study leave may be granted to an employee for the study of scientific, technical or similar problems, or in order to undertake special course of instruction subject to the condition that the study or course is to the definite advantage of the society in which he is appointed.

55. Study leave.—(1) Study leave may be granted to an employee for the study of scientific, technical or similar problems, or in order to undertake special course or any other course of instruction subject to the condition that the study or course is to the definite advantage of the society in which he is appointed.

(ii) For the purpose of study, extra leave on half-average pay may be granted either in or outsideIndiaand shall not extend beyond period of twelve months.

(2) For the purpose of study, extra leave on half-average pay for 12 months and leave without pay for additional 12 months may be granted either in or outsideIndiaand shall not extend beyond period of 24 months.

(iii) Study leave shall not be granted to an employee of less than 5 years standing in the service of a Co-operative society or who has crossed the age of 60 years.

(3) An employee granted study leave shall himself meet the entire cost of the study/course including passage in the case of foreign travel, railway fare and fees paid for the course of study.

(iv) An employee granted study leave shall himself meet the entire cost of the study/course including passage in the case of foreign travel, railway fare and fees paid for the course of study.

(4) When considering an application for study leave it shall also be kept in view whether the applicant is in a position to meet the consequent expenses.

 

(v) In conjunction with the study leave extraordinary leave may be taken within the limit prescribed under regulation No.53.

(vi) When considering an application for study leave it shall also be kept in view whether the applicant is in a Position to meet the consequent expenses.

(5) An employee applying for study leave shall sign an agreement to the effect that he undertakes to serve the co-operative society for period of at least three years from his return to duty; and in the event of a breach of this agreement, to repay to the society the amount of salary paid to him during study leave.

(vii) An employee applying for study leave shall sign an agreement to the effect that he undertakes to serve the co-operative society for Period of al least three years from his return to duty; and in the event of a breach of this agreement to repay to the society the amount of salary paid to him during study leave.

 

Explanation.—The provisions of study leave contained in the foregoing sub-clause shall, however, not apply to in-service training organized by Reserve Bank of India, or any National or State Level Co-operative Institution or any State authority to which an employee is deputed by his employer in which case the employee shall be treated as on duty and will be allowed traveling allowance at ordinary rates, but no daily allowance.

Explanation.—The provisions of study leave contained in this regulation shall, however, not apply to in-service training organized by Reserve Bank of India, or any National or State Level Co-operative Institution or any State authority to which an employee is deputed by his employer in which case the employee shall be treated as on duty and will be allowed traveling allowance at ordinary rates, but no daily allowance.

 

                                                                                                                                  By order,

                                                                                                                             Sanjay Agarwal,

                                                                                                                            Pramukh Sachiv.