CIRCULARS OF REGISTRAR OF COOPERATIVE SOCIETIES, KERALA FOR 1970

PLEASE NOTE THAT THESE CIRCULARS ARE NOT CORRECTLY PROOFREAD WITH ORIGINALS. SO KINDLY MAKE SURE THAT THEY MATCH WITH THE ORIGINAL CIRCULARS/ ORDERS. IF THERE IS ANY FONT PROBLEM PLEASE INSTAL ML-TT-KARTHIKA FONTS. FONT PROBLEMS UPTO A LEVEL CAN BE OVERCOME BY COPYING AND PASTING THE POST IN A WORD DOCUMENT.  IF A LETTER NDA IS MISSING, INSTAL MLTTKARTHIKA FONT AND TYPE ALT+0173 FOR NDA.

No.ADL (3) 46220/69             

Office of the Registrar of Co-operative Societies,

                                             Trivandrum, 6th January 1970

CIRCULAR No. 2/70

Sub:   Remittance of Audit Fees etc., Chalans in original to be retained by the concerned societies-Instructions regarding

It is brought to the notice of the Registrar that the original chalans for the remittance of audit fees and other dues to Government are obtained from the societies and forwarded to the Deputy Registrars by the Inspectors/Circle Officers for verification and record in their offices. The chalans are not returned to the concerned societies after verification either. The Inspectors give a certificate of having received the chalans indicating the details thereof to serve the purpose of a voucher in support of the amount expended and accounted for in the books of the societies. This is not a healthy practice and hence should be discontinued forthwith.

The chalan in original is the documentary evidence in support of the expenditure incurred by the societies by way of remittance to Government and it is required by the auditors for verification at the time of audit. So the chalans in original must be retained in the societies.

K. Krishnan Nambiar

Registrar of Co-operative Societies

\¼À kn. Fkv. 1/25210/69           

 klIcWkwLw  cPnk{SmÀ B^okv

                                       Xncph\´]pcw, 1970 P\phcn 1

kÀ¡peÀ \¼À 6/70

hnjbw:   klIcWkwL§fnse ]W¨paXe kw_Ôn¨v.

     ]e kwL§fnepw \nehnepff \nbamhen{]Imcw ]W¨paXe kwLw {]knU­ntem `cWkanXn XncsªSp¯ JPm³Pnbntem BWv  \n£n]vXambncn¡p¶Xv.  thX\w ]Áp¶ sk{I«dnamtcm amt\PÀamtcm Dff kwL§fn ]W¨paXe B DtZymKkvY³amcn \n£n]vX ambncn¡psa¶v 1969þse tIcf klIcWkwLw dqÄkv 47þmw hIp¸v A\pimkn¡p¶p.

dqÄkv {]kn²oIcn¨ XobXn apX ta¸dª hyhkvY {]m_ey¯n h¶pIgnªncn¡p¶Xn\m kwL§fpsS \nbamhenbn 47þmw \¼À dqÄ A\pkcn¨pff t`ZKXnIÄ hcp¯Wsa¶v Xm¸cys¸Sp¶p.

K.  Krishnan Nambiar

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No. G(3) 46324/69       

Office of the Registrar of Co-operative Societies

Trivandrum, 31 January 1970

CIRCULAR No. 7/70    

Sub:  Nomination of Circle Officers and Unit Inspectors on the Board of Management-Instructions issued.

It is observed that the Circle Officers and Unit Inspectors are being nominated to the Board of Management of several societies.  They are also to be arbitrators and officers to carry out execution work and this would amount to  a member on the Board of the society becoming the Arbitrator or the Sale Officer. It has therefore been decided that such officers need not be nominated to the Committees of societies.  The Deputy Registrars are therefore informed that the nomination if any already made may be cancelled forthwith.  Wherever the bye-laws provide for the nomination of the inspector or Circle Officer as ex-officio member of the Committee the societies may be advised to amend the bye-laws suitably by deleting such provision.

(Sd/-)

For Registrar of Co-operative Societies

No.G3-19266/70.         

Office of the Co-operative Societies,

                                                                 Trivandrum, 1st July 1970

CIRCULAR No. 34/70

Sub:   Audit-Non-production of books for Audit-Prosecution under Section 94 (b) - Instructions-Issued.

Instances are not rare where the office bearers of the societies fail to comply with the directions in the summons issued by the Auditors/Inspectors etc. under section 63, 65 or 66 of the Kerala Co-operative Societies Act for the production of books of account, cash balance etc. under section 94 (4) of the Act the office bearers of the societies are liable to be prosecuted for the non compliance of summons issued by the competent authority.  It is therefore necessary to take prosecution whenever the office bearers fail to comply with the summons.

In order to avoid procedural lapses in dealing with such important matters the following instructions are issued.

The Deputy Registrars (Audit) may make sure that proper summons have been served requiring the production of records and that the persons summoned has failed to carry out the directions.  While issuing the summons it may also be stated therein that disobedience of the summons is an offence under the Act and the person concerned is liable for prosecution in case he fails to comply with the directions in the summons.  A notice may then be issued calling on the persons to show cause why he should not be prosecuted for the noncompliance of summons.  After considering the reply, the Deputy Registrar concerned may issue sanction for prosecution, consult the Assistant Public Prosecutor and make a complaint to the court.  The Deputy Registrar may also address the District Collector concerned for issuing necessary instructions to the Assistant Public Prosecutor to conduct the prosecution.  The attention of the Deputy Registrar is also invited to Government circular No.69253/C2/67/ Home dated 30-9-1969 communicated in this office endorsement No.G1-54406/69 dated 29-12-1969.

In the case of failure to produce the records, cash etc. for purposes of audit the Deputy Registrar (Audit) may take prosecution steps and in all other cases the Deputy Registrar (General) may initiate action.

(Sd/-)

For Registrar of Co-operative Societies

Pn.3/30215/70.                            

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                                        Xncph\´]pcw, 1970 BKkväv 9

kÀ¡peÀ \¼À 42/70

hnjbw:  skan\mÀ hmÀjnI kt½f\w apXemb s]mXp kwcw`§Ä¡v kw`mh\bmbn klIcW kwL§fpsS apX hn\ntbmKn¡p¶Xns\ kw_Ôn¨v.

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klIcW kwL§fpsS s]mXp apXepIÄ kw`mh\Ifmbpw aäpw ta¸dª Xc¯nepff Imcy§Ä¡v hn\ntbmKn¡p¶Xv klIcW kwLw BIvSn\pw dqfn\pw hncp²amWv.  kwL§fpsS \nbamhenIfn \nÀt±in¡s¸«n«pff Imcy§Ä¡v am{Xta kwLw apXepIÄ D]tbmKn¡m³ ]mSpffq.  C§s\ sN¿p¶Xv s]mXptbmKw AwKoIcn¡p¶ _UvPäpIÄ¡v hnt[bambncn¡Wsa¶Xv \nbaw A\pimkn¡p¶p­v.  BbXn\m kwL§fpsS s]mXpapX D]tbmKn¡p¶Xv klIcW BIvSn\pw dqfn\pw kwL§fpsS \nbamhen¡pw A\ptbmPyamb hn[¯n Bbncnt¡­XmsW¶pw _UvPän\vv hnt[bambncn¡Wsa¶ hnhchpw klIcW kwLw `mchmlnIsf Adnbn¡phm³ cPnkv{SmÀ B{Kln¡p¶p.

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No.G(3)32956/70.        

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 17th August 1970

CIRCULAR No. 49/70

Sub:   Concurrent jurisdiction-Exercise of Powers-Instruction-Regarding.

As per the notification issued under the G.O.MS.No.255/69/AD dated 28-6-1969 certain powers of the Registrar of Co-operative Societies have been conferred on the Additional Registrar, Joint Registrars, Deputy Registrars and Assistant Registrars.  Thus the Additional Registrar and Joint Registrars get concurrent jurisdiction in respect of all powers conferred on the Deputy Registrars and Assistant Registrars.  Similarly the Deputy Registrars and Assistant Registrars have concurrent jurisdiction in respect of power conferred on the Assistant Registrars.

The existence of concurrent jurisdiction renders very necessary the observance of commity between those jurisdictions.  It is a matter of great public importance that there should not be any conflict or clash of jurisdiction between two equally competent authorities.  In order to ensure strict compliance of this rule of law the following instruction are issued for the guidance of the officers of this Department.

1.       No matter which can be disposed by a subordinate officer shall ordinarily be entertained by a higher authority.

2.       But a higher authority having jurisdiction in the matter may under special circumstances to be recorded in writing entertain such cases but before doing so he should satisfy himself that this is not a matter already disposed or pending consideration by the local officer concerned.

3.       If a matter is entertained by a higher authority as stated above the local authority shall not entertain such matters.

(Sd/-)

Registrar of Co-operative Societies

No.G.(1) 31794/70.      

Office of the Registrar of Co-operative Societies

                                              Thiruvananthapuram, 2nd September 1970

CIRCULAR No. 50/70

Sub:   Circulars from Department,  Government, Reserve Bank of India etc., and important correspondence from Registrar-President and Board Members to be kept informed of – Instructions issued.

In the course of discussion by Registrar with the President of one of the District Banks, the action taken about the introduction of Credit Card came on.  The President  said that he was yet to see the departmental circular in this regard.

From this position it is presumed that there is not a systematic arrangement for the purpose of keeping the President and Board members informed of the important circulars of Department, Reserve Bank of India and Government.  It is essential that all policy decisions and important Circulars from the Department, Reserve Bank of India Government of Kerala, Government of India and Kerala State Co-operative Bank are considered and discussed in the Executive Committee and Board Meetings.  For this purpose it is necessary that an important Tappal Registrar showing a gist of the subject and other details of such circulars and correspondence is maintained in Central Banks where they do not have already such system.  This register will be in addition to the general Tappal Register.  It is the responsibility of the Manager/Secretary to the Bank to see that important decisions of conferences, minutes of discussions policy decision and circulars etc., of the Department and other appropriate authorities are placed for consideration in the Executive Committee and Board meetings duly accompanied by a brief but clear office note.

All Managers/Secretaries of the Central Co-operative Banks are requested to acknowledge receipt of this Circular.

K. Krishnan Nambiar

Registrar of Co-operative Societies

No. G3-30932/70.                     

Office of the Registrar of Co-operative Societies

                                                 Trivandrum, 3rd September 1970

CIRCULAR No. 51/70

Sub:   Co-operative Societies - Subsidiary Rules - Framing of - Instructions issued.

It is necessary that Co-operative Societies should conduct their business with speed and efficiency and that the chief Executives and other employees should each know his duties and responsibilities and carry them out promptly.  The Registrar, therefore, consider that all Co-operative institutions should frame suitable subsidiary rules for the efficient conduct of their business with particular reference to the duties and responsibilities of their employees.  Such rules should be well defined within the broad principle that the board of directors are primarily responsible for laying down general policies and directions, which the permanent staff are responsible for the day to day administration.  Such rules would help the employees to know their work area and also facilitate the work of the higher executive in supervising and controlling the work of the subordinate offices without interference.

Although a uniform set of model subsidiary rules may not be applicable to all Co-operative Societies in view of the differences in their business activities, it is suggested that subsidiary rule may be framed dealing with the following among other matters:-

1.       Hours of business and attendance of staff.

2.       Procedure for receipt of money, passing of voucher, payments, persons competent to issue receipts, sales chits, and this person responsible for custody of cash during the business hours, (duties of accountant, cashiers, etc. should be well defined.

3.       Persons responsible for maintenance of stocks in godown and the nature of their responsibility (Joint or several) duties of branch managers, godown keepers, Secretary etc. in this matter should be well defined).

4.       Procedure for operating overdrafts for other accounts, persons competent to issue or sign cheques, and the maximum limits up to which each can operate the accounts (provision for the discharge of their functions in the absence from headquarters, etc. of the person or persons entrusted with their duties should also be made clear)

5.         Persons responsible for the maintenance of the various register and account books and for the safe custody of records and proposals.  Persons responsible for carrying on correspondence.

6.       Powers of Secretary, or Manager or other Chief Executives in respect of office management (distribution of work, discipline and conduct of staff, disciplinary powers against members of staff etc.)

7.       Leave rules for the staff of offices competent to sanction leave for employees including top executives.

8.       Scale of Travelling Allowance to the officers and other employees of the society.

9.       Arrangements for carrying on the routine business of the society in the absence of the Secretary or the executive head.

10.     Powers and duties of the subcommittees if any.

The above broad lines on which subsidiary rules are to be made, are intended to cover all possible matters concerning the business of the societies.  Deputy Registrars are requested to see that all Co-operatives frame subsidiary rules with due regard to the points noted above as well as local needs.  In cases where subsidiary rules are already in force, the officers may re-examine then and indicate suitable amendments if necessary.  The rules should be simple and flexible and should have, as their main purpose, the quick despatch of business and the fixation of responsibility on the persons responsible for the management and administration of the Co-operative Societies.

K. Krishnan Nambiar

Registrar of Co-operative Societies