CIRCULARS OF REGISTRAR OF COOPERATIVE SOCIETIES 1983

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No.1060/83 (v)2.                    

Office of the Registrar of Co-operative Societies,

                                             Trivandrum, 6-1-1983

CIRCULAR No. 1/83

Sub:   Nomination to the Committee of the Co-operative Society under section 31 of the Act-Instructions issued.

It has come to the notice of the Registrar that some of the Joint Registrars have issued orders nominating individuals to the committee of Primary societies under the provisions contained in Section  31 of the Act.  Such nominations will not be in order.  In the Registrar’s Circular No. 9/75 of 24-1-1975 the Deputy Registrars were informed that nomination to the committee of a co-op: society coming under the administrative control of a Deputy Registrar shall be made by himself in accordance with law.  These instructions will not be taken to mean that the nomination under section 31 can also be done by the Joint Registrars.  Appointment of nominees of Government under section 31 shall be made, in the case of Apex societies by the Government and in the case of other societies by the Registrar under Rule 37 of the Rules.  The powers conferred on the Registrar under this Rule have not been delegated to the Joint Registrars.  Therefore, nomination under section 31 can be done only by the Government/Registrar.

Nomination under Section 31 is not normally done to the committees of Primary Societies.  The bye-laws of the Primary Societies provide for nomination under Section 28.  The Joint Registrars are competent to nominate persons to the committee of Primary Societies under section 28.  In case where nomination under section 31 becomes necessary under special circumstances, the Joint Registrars, shall forward a panel of names to the Registrar after appropriate enquiry about the qualification of the persons suggested to be a member of the committee of a society.

The receipt of the Circular may be acknowledged.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.ADL (4) 61747/82.     

Office of the Registrar of Co-operative Societies

                                              Thiruvananthapuram, 17-2-1983

CIRCULAR No. 5/83

Sub:           Kerala Co-operative Milk Marketing Federation Audit of Anand Pattern Dairy Co-operatives-Arrangement.

Ref: 1. D.O.No. 89/EA/Aud. Estt/82 Dt. 29-10-82 of the M.D. Kerala Co-operative Milk Marketing Federation.

        2.  D.O.Letter No. ADL (4)-61747/82 Dt. 28-11-82 of Registrar of Co-operative Societies.

        3.  D.O.No.89/EA Aud.Estt./82 Dt. 27-12-82 of the Managing Director, Kerala Co-operative  Milk Marketing Federation.

        4.  This office letter No. Fin 65821/82, dated 10-12-82 and 3-1-1983.

Government have sanctioned one post of the Assistant Registrar and 8 posts of Senior Auditors under Rule 156 part I K.S.R. for  the concurrent and continuous audit of the Anand Pattern Dairy Co-operatives formed under the Operation Flood II Dairy Development Programmes.  Accordingly  the sanctioned posts have been filled up by appointing an Assistant Registrar and eight  Senior Auditors.  In order to facilitate expeditious audit of the Kerala Co-operative Milk Marketing Federation and its Primaries the following instructions are issued:-

1.       To ensure the Co-ordination of the audit with the activities of the Milk Marketing Federation the Senior Auditors should chalk out their programmes in consultation with the Managing Director, of the Federation.  The Managing Director will approve their monthly/by weekly advance programmes, as well as their tour diaries submitted through the Assistant Registrar/Concurrent Auditor in the Federation.  The Auditors will work according to the priorities, if any, fixed by the Managing Director and the direction issued by him for the audit will be complied with, by the auditors.

2.       In addition to the quarterly concurrent audit of the Societies, the Auditors should also conduct the final audit of the Societies under the Operation Flood II Programmes.  Immediately after the close of the year, but however not later than 3 months from the close, the Auditors will complete the final audit and submit the notes to the Assistant Registrar/Concurrent Auditor of the department working in the Federation who will approve the notes and issue the certificates. They should also submit quarterly concurrent audit reports in the form prescribed by the Federation, in triplicate to the Assistant Registrar/Concurrent Auditor of the Federation before the close of the succeeding quarter.  The Assistant Registrar/Concurrent Auditor will closely watch the progress of the concurrent and final audit of the Primary Societies by Senior Auditors and review their performance.

          The concurrent and final audit of the Federation will be taken up by the Assistant Registrar/Concurrent Auditor of the Department working in the Federation.  The Audit (final) notes of the Federation will be submitted to the Additional Registrar of Co-operative Societies (Audit) of this office by the Assistant Registrar/Concurrent Auditor within three months from the close of the year.  His tour programmes should be drawn up in consultation with the Managing Director.  The advance tour programmes and tour diaries of the Assistant Registrar/Concurrent Auditor should be forwarded to the Addl. Registrar of Co-operative Societies (Audit) of this office for approval with a copy to the Managing Director of the Federation.

3.       The Senior Auditors/Concurrent Auditors can draw their salaries in the salary bill form duly countersigned by the Deputy Registrar(Audit) of this Department in districts under whose jurisdiction the Senior Auditors are working.  The  service books of the senior auditors in the federation should be maintained by the Deputy Registrars(Audit) in districts under whose jurisdiction the auditors are working and who have been authorised  to countersign the salary bills.  All kinds of leave except casual leave of Senior Auditors should be sanctioned by the Deputy Registrar of this department in districts who have been authorised to countersign the salary bills on the basis of the leave application submitted through the Assistant Registrar/Concurrent Auditor  of the federation.  The casual leave application of the Senior Auditors should be sanctioned by the Assistant Registrar/Concurrent Auditor in the federation and the  casual leave of the Assistant Registrar/Concurrent Auditor should be sent to the Additional Registrar of Co-operative Societies(Audit) for sanction with a copy to the Managing Director of the Federation. The sanctioning of increments, fixation of pay and other Service matters of the Senior Concurrent Auditors should be dealt with by the Deputy Registrar(Audit) of this Department in Districts Concerned.

4.       The Assistant Registrar/Concurrent Auditor in the Federation is authorised to approve the work diaries of Senior Auditors and to scrutinise and pass their T.A. bills for payment by the Federation.  The tour diaries of the Assistant Registrar/Concurrent Auditor  in the Federation  should be submitted to the Additional Registrar of Co-operative Societies (Audit) of this office for approval and T.A. bills of Assistant Registrar/Concurrent Auditor should be passed for payment by the Additional Registrar of Co-operative Societies (Audit) of this office.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.ADL (4) 14789/83.     

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 22-3-1983

CIRCULAR No. 13/83

Sub :      Kerala Co-operative Milk Marketing Federation-Audit Anand pattern Dairy Co-operatives-Erratum to Circular No. 5/83 issued.

Read: 1.  Circular No.5/83  dated 17-2-1983.

          2.  D.O. 16/83/Aud/KCMMF dt. 7-3-1983 from the Assistant Registrar/Con: Auditor in the Kerala Co-operative Milk Marketing Federation.

The words “as well as their tour diaries” occurring in para 2 (instruction 1) of the Circular read as 1st paper above is deleted. The circular No.5/83 stands modified to this extent.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.V(2)-23720/83/K.Dis.      

Office of the Registrar of Co-operative Societies

                                                Thiruvananthapuram,12-4-1983

CIRCULAR No. 20/83

Sub:   Co-opertive Societies Rules 1969 Rule 44 (1) (c) (i) and (ii) - Disqualification when attracted-Defaulter Member remitted the dues to the Society before action is intimated.

In Thankappan V., Deputy Registrar, Alleppey (1985 KLT 68) it has been held by the High Court a member who has become a defaulter, will incur disqualification and consequent cessation of membership even if he had paid up the accounts in default and thereby had ceased to be a defaulted, before the proceedings under clause (1) (c) of rule 44 are initiated against him.  The High Court has not accepted the contention that the disqualification would be attracted only if at the time when proceedings under clause (1) (c) are initiated the member actually occupies the character of a defaulter and not if he was under the disqualification sometime before the initiation of the proceedings.

     According to the High Court decision, sub-rule (2) of rule 44 prescribe the effect of supervising disqualification or a disqualification that is discovered or noticed subsequent to the election or appointment of a member of committee.  Reading clause (c) (i) of sub-rule (1) together with sub-rules (2) of rule 44, a member ceases to be a member of the Committee if  he is a defaulter in terms (c). Then the default occurred the cessation of the membership follows as a consequence.

(1979 KLT 818 followed 1978 KLT 887 not followed).

K. M. Balakrishnan

Registrar of Co-operative Societies

No.ADL (2) 15617/83.  

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 9-4-1983

CIRCULAR No. 22/83

Sub:   Audit-Audit objections/observation-Summary of defects-rectification of

Under section 63 of the Kerala Co-operative Societies Act 1969, Registrar shall audit or cause to be audited by a person authorised by him by general or special order in writing in this behalf, the accounts of every society at least once in each year.  If the result of the audit held under section 63 disclosed any defects in the working of a society, the Registrar may bring such defects to the notice of the society directing the society to take necessary action to rectify the defects. It is the responsibility of the managing committee/board of directors of the society to discuss all aspects of the audit report dispassionately in detail and chalk out remedial measures for financial failures and administrative lapses as pointed out or revealed by the document and present the report to the General Body for discussion.  But it is noted that most of the audit reports are not acted upon as above with the result that the state of affairs of the institutions continued to be the same without any progress and that the defect/irregularities pointed out are repeated every year. To overcome this following instructions are issued to all societies for strict compliance.

1.       Soon on receipt of the audit report of the institution, a meeting of the Board of Directors/Managing Committee is to be convened mainly for discussing the audit report and chalking out remedial measures for financial failures and administrative lapses.

2.       The report of the Managing Committee/Board of Directors in the matter along with the audit certificate should be presented before the General Body for discussion.

3.       In the board meeting/Managing Committee/General Body where the audit report is discussed, an officer each from the department and the financing institution  should also be invited, in order to facilitate the Registrar or any other person deputed by him to attend the meeting as per provisions contained in sub-section (2) of Section 29 and Sub-Section 5 of Section 30 of the Kerala Co-operative Societies Act.

	Designation of the officer		Type of the societies where managing committee/General Body meeting the officers should Attend.
1	Addl.Registrar of Co-op: Societies and Joint Registrars Concerned in Registrar’s office.		Apex Co-operative Societies
2	Joint Registrars in the Districts.	1	Societies other than apex co-operative Societies the audit certificates of which are Issued by Addl.Registrar of Co-op: Societies (Audit)
		2	Societies having area of operation covering more than one Co-operative Circle.
		3	Societies the audit of which is conducted by single concurrent auditor.
3	Assistant Registrars (General), General Manager/Deputy General Manager of District Co-op: Bank		Societies the audit of which is conducted by group concurrent auditors.
4	Unit Inspectors, General Manager/Deputy General Manager of District    Co-operative Bank.		Societies the audit of which is Conducted by unit auditors.

4.       The compliance report in having rectified the defects pointed out in the summary of defects should be submitted to concerned Assistant Registrar/Joint Registrar of Co-operative Societies as the case may be within one month  For failure to do so the Office bearers/Management of the Institution will be responsible.

K.M.Balakrishnan

Registrar of Co-operative Societies

No.CP (2) 26006/83.  

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 5-5-1983

CIRCULAR No. 25/83

Sub:   Co-operative Societies-Unlawful expenditure from general funds-prohibition of

It has been brought to the notice of the Registrar that some of the Societies are in the habit of incurring expenditure from out of the general funds without authority.  Instances where societies insert advertisements in more than  one publications which do not have even remote relationship with the activities of the societies or wide circulation are not few.  Normally, for the sake of publicity, the societies may advertise their activities or invite deposits through publications of repute and of fairly wide circulation so as to reach a large number of readers.  The publications should be selected in consideration of the fact that their readers will be those sections of the public who form the majority of the members of the society.  Publications which are not likely to reach the target groups should not be favoured with advertisements just as a favour.  Further frequent advertisements just to favour the publications concerned have also to be discouraged.  Cases of donations on a large scale against the provisions of section 55 of the Act have also been brought to the notice of the Registrar.  The general funds should not be frittered away through donations.  The share capital deposits and borrowings of a society are not available for such donations or payments by way of Ex-gratia allowances etc.  Committees which authorise such payments are liable to be proceeded against under section 68 of the Act.  The Joint Registrars are responsible to see that such payments are strictly avoided.

Some of the societies appear to be under the impression that expenditure on any item can be incurred provided there is provision in the annual budget.  It is wrong.  Unavoidable expenditure necessary in the course of the business of the society only can be incurred.  The Joint Registrar should therefore, see that the annual budget of the societies are scrutinised by the Inspecting officers/Auditors and ensure that unreasonably large outlay on such miscellaneous expenditure is not permitted.  The inspectors and auditors will be given strict instructions to point out, in time, cases of budget provision or expenditure which are considered unnecessary or excessive.  Deterrent action will be taken by the Joint Registrar wherever  such instances are noticed. 

The Auditors will be particularly alerted to ensure timely intimation of such instances of unauthorised expenditure.

The receipt of this circular may be acknowledged.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.MPG-37058/83.   

Office of the Registrar of Co-operative Societies,

                                             Trivandrum, 23-6-83

CIRCULAR No. 27/83

Sub:     Procurement and marketing of Rubber and Rubber Products-Private parties to be completely eliminated-Instructions issued.

Ref:     i.    Circular No. MP (i) 47992/78 dt. 7-7-79.

        ii. Circular No. 8/80, MP (i) 9300/80 dt. 18-2-80

Instructions have been issued, vide references cited, that primaries shall purchase rubber only from members and also sell the same to the Rubber Marketing Federation only.  But it has come to the notice of the Registrar of Cooperative Societies that some of the Primary Societies and the Federation also, at times purchase rubber from private traders.  This cannot be allowed, in the best interests of the growers as well as the societies themselves.  The Rubber Board has also strong objections to this unhealthy practice.  To maintain a cordial and good relation between the primaries and apex federation and to uphold the interests of the grower members the following instructions are issued for strict compliance.

(1).    The primary rubber marketing societies shall  purchase rubber only from registered rubber grower members.  The federation shall purchase rubber and allied products, from member societies only.

(2)     The primaries, shall sell their stock of rubber so procured, to the Rubber Marketing Federation.  On no account, shall they sell their rubber stock to any other party without the concurrence of the federation.

(3)     All purchases shall be made only after proper grading by the primaries or the federation, as the case may be.

(4)     To ease the marketing plan of the federation the primaries shall enter into definite agreement with the Apex Federation, indicating the exact quantity of products (grade wise) that they can supply during the next one year.  Based on this, the federation shall prepare definite market plan for the next one or two years and find necessary end-market for their stock.

(5)     Federation shall purchase all stocks from primaries, properly graded and keep a buffer stock if necessary, or sell the same to the consuming industry direct.

(6)     Purchases by primaries and Federation shall be made at prices, fixed on definite norms, accepted by both.  Payments shall also be made either in cash or by Demand Draft.  Prices may be fixed for definite period of time, and for definite regions.

(7)     Arrangements for Transportation from Primary societies to godowns of Federations, shall also be made sufficiently early, on terms mutually acceptable to both, that is, either it shall be done by the federation itself, or by the primary societies the cost being met by the Federation at prefixed/agreed rates.

(8)     Federation shall also render all other services to member societies dissemination of market intelligence, supply of inputs etc. properly and in time.

These instructions, shall be observed strictly by all the institutions concerned and any violation of these instructions will be seriously dealt with under the provisions of the Kerala Cooperative Societies Act besides withdrawing financial assistances already given and black listing the institutions. Such societies will not, thereafter be selected for inclusion under any plan schemes.

K. M. Balakrishnan

Registrar of Cooperative Societies

No.CP (4) 27979/83.

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 4-6-1983

CIRCULAR No. 33/83

Sub:   Kerala Co-operative Societies Act, 1969 Section 32 Resignation of Nominated and other elected members-No quorum for the Committee-Whether the Registrar can proceed under Section 32 or whether he is bound to make nominations in the place of those who have resigned so as to enable the committee to function with quorum.

Isak Abraham, President, Pampady Service Co-operative Bank Vs. Joint Registrar of Co-operative Societies, Kottayam (O.P.No.9845 of 1982) is a case where 4 elected members and two nominated members resigned their membership from the Committee reducing the membership of the committee thereafter to 5.  The committee was superseded and an administrative committee was appointed.  The petitioners in the above O. P.contended that it was open to Joint Registrar if Co-operative Societies to nominate two members in the place of the nominated members who resigned so that with seen members on the committee there would have been quorum for the functioning of the committee.

The Hon’ble High Court while rejecting the above contention observing as follows:

“Whether the Registrar should have at once nominated another two members instead of exercising his powers under section 33 (1) of the Act is a matter for the discretion of the Registrar in which this court would not ordinarily be justified to interfere. There is, therefore, no force in the contention that the residuary committee with the petitioner as the President should have been retained with the aid of two members which the Registrar could have nominated”.

K. N. Balakrishnan

Registrar of Co-operative Societies

CL  (a) 67913/82.       

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 12-7-1983

CIRCULAR No. 35/83

Sub:   Purchase of land/building by Co-operative Institutions-instruction issued-regarding.

It has come to my notice that Co-operative Institutions purchase land with building based on valuation done by the own Engineers of the institutions on the plea that it would be difficult to get valuation certificates from Revenue Authorities or Public Works Department authorities. Ordinarily societies approach the Village Officers for valuation certificate in respect of land.  In respect of buildings the Public Works Department is approached.  There is inordinate delay in getting the certificates from such authorities.  This causes a lot of inconvenience to the societies.  This has to be avoided.  At the same time the tendency to invest on land and buildings for in excess of the capacity of a society has also to be checked.  Therefore in the matter of purchase of land/buildings by Co-operative Institutions the following procedure should be observed.

1.       No purchase should be made without sanction from the Department for utilising the general funds for the purpose.

2.       General funds will be utilised for the purpose only where it will not affect the normal business of the society.  It should be possible to recoup the amount utilised from general funds in annual instalment from out of the surplus and within a reasonable period not exceeding 5 years.

3.       The Joint Registrars will certify the value of land.  This may be based on the average sale price for a period of 3 or 4 years or average market price whichever is higher.

4.       The valuation of the building should be done by Public Works Department.

5.       Those who flout these instruction will be liable to make good the lose on account of the dead investments.  All institutions may be informed of the above by Joint Registrars.

K.  M.  Balakrishnan

Registrar of Co-operative Societies

No.CP (2) 34117/83/K.Dis. 

Office of the Registrar of Co-operative Societies

                                                Trivandrum.

CIRCULAR No. 46/83

Sub:   Primary Agricultural Credit Societies-Sanction of extra monetary benefits-Objection raised.

Ref:   Letter No.CSM (2) 7509/79 dated, 9-6-1981 addressed to the Presidents of the Central Banks.

The requests received from various Primary Agricultural Credit Societies, to waive the objection raised in audit, against the sanction of extra monetary benefits like bonus, ex-gratia in excess of the permissible limit under the Bonus Act, etc. have been examined in all its aspects.  As per the letter cited the objection against the payment of similar benefits to the employees of the Central Banks up to 28-3-1979 was waived as a special case.  In the circumstances the instructions issued as per the letter cited is extended in the case of Primary Agricultural Credit Societies also.

2.       The objection raised regard to the payment of bonus, allowance, salary, additional increments or other allowances made upto 28-3-1979, except those sanctioned in the manner of interim relief pending revision of pay or other monetary benefit to be accounted in pay revision or recovered will be waived as a special case.  Interim relief if any sanctioned pending revision of pay or other monetary benefit sanctioned to be accounted in pay revision is to be adjusted in any revision and these instructions are not applicable to such payments and also to advance etc., to be recovered.

3.       It is also made clear that additional/advance increments or other extra monetary benefits sanctioned after 28-3-1979 without specific sanction from competent authority should be recovered.  All Primary Agricultural Credit Societies in the State should adhere to these instructions.  Officers of the department should be watchful in this matter and see that the primary agricultural credit societies do not make any such irregular payments.  Hereafter, and that the amount if any paid irregularly after 28-3-1979 are recovered.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.V (2)41162/83              

Office of the Registrar of Co-operative Societies,

                                             Trivandrum, 89-1983

CIRCULAR No. 49/83

 Sub:  Keeping the registered bye-laws with up-to- date amendments in tact- Instructions issued.

It has come to the notice of the Registrar that the registered bye-laws of societies with  up-to-date amendments are not being properly kept in the office of the registering authorities.  As per  rule 11(2) of the rules framed under the K.C.S. Rules, it is the statutory duty of the registering authority to keep the registered bye-laws and its amendments in tact.  The Joint Registrars are therefore requested to see that all the bye-laws of the societies registered are kept in their offices arranged serially in the order of its register number after filing the upto date amendments in the concerned bye-laws.

            The Joint Registrars will acknowledge receipt of this circular immediately.  Action taken in this regard will also be reported.

K.  M. Balakrishnan

Registrar of Co-operative Societies

\¼À.hn.(2) 43355/83.                

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                                        Xncph\´]pcw. 20þ9þ1983

kÀ¡peÀ 50/83

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tIcfm klIcWN«wþ35 (3) {]Imcw _meäv ISemkn D­mbncnt¡­ hnhc§fpw, AXnsâ {IaoIcWs¯¸änbpw hniZambn {]Xn]mZn¨n«p­v.  F¶mÂ, _meäv ISemkpIÄ GXp `mjbnemWv A¨Snt¡­sX¶v hyIvXam¡nbn«nÃ.  AXn\mÂ, ]e klIcWkvYm]\§fpw CwKvfojv `mjbn _meäv ISemkpIÄ X¿mdm¡p¶Xmbpw, X³aqew km[mcW sa¼ÀamÀ¡v ]cklmbanÃmsX thm«v sN¿phm³ _p²nap«p t\cnSp¶Xmbpw cPnkv{SmdpsS ZrjvSnbnÂs¸«ncn¡p¶p.  AXpsIm­v C¯cw _p²nap«pIÄ Hgnhm¡p¶Xn\pw, sXcsªSp¸nsâ Imcy¯n Cu kvtään Hcp GIoIrX kz`mhw D­m¡p¶Xn\pambn Xmsg¸dbp¶ \nÀt±i§Ä \ÂIp¶p.

1.     klIcWkwL§fnse sXcsªSp¸n\pth­n X¿mdm¡p¶ _meäv ISemkpIÄ km[mcWKXnbn aebmf`mjbn X¿mdm¡s¸tS­XmWv.

2.     F¶mÂ, aebmf`mj¡p ]pdta asämcp `mj D]tbmKn¡p¶ kvYe§fn FÃm AwK§Ä¡pw a\ÊnemI¯¡ hn[¯n aebmf`mj¡p ]pdta B `mj IqSn _meäv ISemkpIfn D]tbmKn¡s¸tS­XmWv. 

N«w 35 (3) {]Imcw, D­mbncnt¡­ hnhc§Ä FÃmw IrXyambn tNÀ¯n«pt­msb¶p _meäv ISemkpIÄ  X¿mdm¡pt¼mÄ {]tXyIw {i²nt¡­XmWv.

ta¸dª \nÀt±i§Ä ]men¡phm³ dnt«WnwKv B^okÀamcpw klIcWkwL§fpw {]tXyI {i² ]Xn¸nt¡­XmWv.

sI. Fw. _meIrjvW³

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\¼À kn._n.(1) 52916/83              

klIcWkwLw cPnkv{Smdm^okv,

        Xncph\´]pcw, 20þ9þ1983

kÀ¡peÀ \¼À 51/83

hnjbw:  kwtbmPnX {Kma hnIk\ ]²Xn þ Hmlcn A\p]mX¯n Cfhv A\phZn¡p¶Xv kw_Ôn¨v

{]mYanI ImÀjnI hmbv]m klIcW kwL§fn \n¶pw AwK§Ä¡v \ÂIp¶ FÃm Xcw hmbv]IÄ¡pw Ct¸mÄ \nivNbn¨n«pf  Hmlcn A\p]mXw 1:10 BWv.  sNdpInS IÀjIÀ¡v Cu A\p]mXw 1:20 Bbn Ipd¨n«p­v.  ]«nIPmXn ]«nI hÀ¤¡mÀ¡v BsI Hcp Hmlcn FSp¯m aXnbmIpw. 

kwtbmPnX {Kma hnIk\ ]²Xn {]Imcw AwK§Ä¡v e`n¡p¶ hmbv]IÄ¡v  Hmlcn A\p]mXw Ipd¡Wsa¶pff \nÀt±iw {]kvXpX ]²Xn \S¸nem¡nbXp apX Cu hIp¸nsâ ]cnKW\bnep­mbncp¶p.  {]kvXpX \nÀt±iw hmbv]m ]²Xnbpambn _Ôs¸« ]e kt½f\§fnepw NÀ¨ sN¿pIbpw Hmlcn A\p]mXw Ipdt¡­Xv BhiyamsW¶ A`n{]mbw iIvXns¸SpIbpw sNbvXp.  BbXnsâ ASnkvYm\¯n CXp kw_Ôn¨ FÃm hi§fpw hniZambn ]cnKWn¡pIbpw kwtbmPnX {Kma hnIk\ ]²Xn {]Imcw \ÂIp¶ hmbv]IÄ¡v  Hmlcn A\p]mXw \nÀ_Ôamt¡­Xnsöv \nÀt±in¡pIbpw sN¿p¶p.  {]kvXpX ]²Xn {]Imcw hmbv] e`n¡p¶ AwK§fn \n¶pw {]mYanI ImÀjnI hmbv]m klIcW kwL§Ä Hcp Hmlcn am{Xta hm§mhp F¶v \nÀt±in¡p¶p. 

sI. Fw. _meIrjvW³

klIcWkwLw cPnkv{SmÀ

No.CP (2) 54029/83.  

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 30-1-1984

CIRCULAR No. 56/83 (A)

Sub:     Primary Societies-Sanction of extra monetary benefits- Amendments to the Circular-Regarding.

Read:   This Office letter No. CP (2) 34117/83/K.Dis. dated 27-8-1983 (Circular No. 46/83).

In the Circular cited instructions have been issued to the Joint Registrars to recover the additional/advance increments or other extra monetary benefits sanctioned to employees by the Primary Agricultural Credit Societies, after 28-3-1979, without specific sanction from competent authority.  Now the Joint Registrar, Palghat has requested for clarification whether these instructions are applicable to Primary Societies other than the Primary Agricultural Credit societies.

2.       Payment of bonus, ex-gratia allowance etc., without authorisation by any society will be irregular. Such item will have to be recovered.  Therefore the Circular 46/83 dated 27-8-1983 may be taken as applicable to all Primary Societies.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.V(2) 61563/83.K.Dis.      

Office of the Registrar of Co-operative Societies,

                                                 Trivandrum. 31-10-1983

CIRCULAR No. 57/83

Sub:   Election-election to the Board of Directors of Societies-Instructions issued.

Conduct of election to the Board of Directors of Co-op: is an important responsibility of departmental officers.  The Returning Officers are primarily responsible for conducting election strictly in accordance with Rule 35 of the Rules.  The mandatory provisions of the Rules will have to be adhered to strictly.  There have been instances where the Returning officers erred in complying with the provisions of the Rules in full resulting in avoidable litigation and consequent problems to the societies and department.  This has to be avoided.  Apart from the Rules, the rulings from the Court are also available for guidance to the officers.  They are requested to post themselves with up-to-date information regarding election so that on no account an election is set aside for reasons of effective procedure adopted or failure to go by the provisions of the rules.  The Joint Registrars may discuss the rules and the rulings of the Court in the monthly conferences so that all will be well informed of the statutory requirements.  They may also be informed that cases of negligence will be treated as an act of in-discipline and dealt with accordingly.

Apart from adhering to the rules and the procedure, the Returning Officers have to be impartial.  It will be necessary not only that they are strictly impartial but also appear to be so in the eyes of persons concerned in an election while bonafide mistakes will be understandable. Any partisan action on the part of the Returning Officers will be taken serious note of and dealt with accordingly.  Adverse comments from the Court particularly regarding partisan attitude of the Returning Officer will entail in disciplinary action.

Sd/-

For Registrar of Co-operative Societies

No.ADL (2) 60855/83.          

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 14-11-1983

CIRCULAR No. 58/83

Sub:   Co-operative Department-Audit-Summary of Defects and special report submitted by the Auditors-further instructions issued

Ref:   Circular No. 27/1968, dated 12-8-1968.

In the reference cited, detailed instructions were issued regarding the guidelines to be adopted while preparing summary of Defects by the Auditors.  Among other things, it was also specially directed that in case any defect is of serious nature requiring special attention, the Auditor should  submit a separate and if necessary confidential report in the matter with all details necessary for taking appropriate action.  It was further instructed that the Deputy Registrars (Audit)  should communicate the same to the administrative wing concerned at once for necessary follow up action.  But it is noted that prompt action is not taken in many such cases.  In these circumstances the Deputy Registrars (Audit) are directed to send copies of the special reports of the Auditors which contains serious irregularities and which require urgent attention to Registrar of Co-operative Societies and Heads of other administrative department also for necessary follow-up action Administrative section concerned in the office of the Registrar of Co-operative Societies will, on receipt of such reports from the Deputy Registrars (Audit), keep a close watch on the actions being taken by the Joint Registrars on the special reports.

E.V.Radhakrishnan

Additional Registrar of Co-op: Societies, (Audit)

No.V2-66508/83        

Office of the Registrar of Co-operative Societies,

                                             Trivandrum, 28-11-1983

CIRCULAR No.62/83

Sub:   Co-operative  societies Rules, 1969 (Kerala)

Ref:   Rule 35 (3) (p) whether once election is stopped by the Returning officer it can be continued from the stage at which it was stopped.

As per clause (p) of sub-rule (3) of Rule 35 of the Kerala Co-operative Societies Rules, the Returning Officer shall have power to stop the polling under certain circumstances. But the Rule is silent as to from where the election process should again be started when the polling or the election process is stopped by the Returning Officer. The view hither to adopted was that the election process once stopped cannot be continued from the stage at which the election was stopped but it has to be resumed afresh. Now the Kerala High Court by a Division Bench decision in Abubaker Vs Kunhavaran and others (1983 K.L.T.995) has held that once the election is stopped by the Returning Officer under Rule 35 (3) (p) it can be continued from the stage at which it was stopped.

In the above decision the High Court has held as follows:

“Rule 35 (3) (P) provides for stopping the polling and this may be done at any stage of the polling.  It is on the satisfaction that it is not possible to take the poll.  The power to stop the polling is not a power which enables him to efface what has already been done.  The power of cancellation is different from the power of stopping.  When something is cancelled what has already been done is effaced.  The rule contemplates stopping because polling cannot go further on account of certain circumstances until a situation arises where the obstruction or obstacle is removed. Necessarily therefore by its very character stopping of a polling does not mean that what has been done would be rendered ineffective.  Even from the point of view of expediency this would be a proper approach for otherwise the election will have to commence over and over again if only there is an attempt again and again to create some trouble or obstruction.  The incentive for creating such obstruction would be more if the effect of such obstruction is to nullify whatever has been done by way of polling.  Apart from that on the plain meaning of the rule it is proper to treat stoppage as one which for the time being operates to discontinue the polling so that it may be continued again.  If it could be continued the very fact that it is continued would show that it could be taken up from the stage at which it was stopped.  In the context of the rules it is not possible to read the words “stop the polling” to mean that whatever   has been done is also nullified”.

K. M. Balakrishnan

Registrar of Co-operative Societies

No.HG4/60068/83.    

Office of the Registrar of Co-operative Societies

                                              Trivandrum, 20-12-1983

CIRCULAR No. 67/83

Sub:   Co-operation-Establishment-Assistant Registrars, Harijan/Girijan-Duties and functions prescribed.

Government have, as per order (Rt.) 2764/83/AD dated 25-10-1983, accorded sanction for the creation of 12 posts of Assistant Registrars for the effective implementation of various programmes and schemes for the betterment of Harijan/Girijan members through Harijan and Girijan Co-operatives.  Accordingly, the following duties and functions are prescribed to the Assistant Registrars, Harijan and Girijan attached to the District Offices.

(i).     All Plan schemes relating to Harijan/Girijan Societies including formulation, implementation and monitoring and submission of progress reports shall be attended by them.

(ii).    All statutory and administrative matters relating to Harijan/Girijan Co-operatives will be their duties.

(iii).  Work relating to organisation,  registration etc., of Harijan/Girijan Societies-Amendment of bye-laws, approval of sub-rules, maintenance of registers concerning registration of bye-laws, amendments, election in the Harijan/Girijan Societies etc., shall be attended by them.

(iv).  Review of inspection done by field staff, review of progress of statutory enquiry inspection etc., of Harijan/Girijan Societies.

(v).    The Assistant Registrar (Harijan/Girijan) will take up inspection of all Harijan and Girijan Societies in the District.  He shall complete 3 detailed inspections and two surprise inspections in a month.  The form of inspection report shall contain additional details regarding utilisation of financial assistance given.  Each scheme assisted should be examined separately with reference to commercial viability and recovery prospects and generation of employment and guarantee of wages.

(vi).  The Assistant Registrar (Harijan/Girijan) shall attend all other items of work that may be entrusted to him by the Joint Registrar.

K. M. Balakrishnan

Registrar of Co-operative Societies

\¼À F¨v. Pn. (1) 63840/83           

klIcWkwLw cPnkv{SmÀ Hm^okv,

                                         Xncph\´]pcw, 1983 Unkw_À, 28

kÀ¡peÀ \¼À 71/83

hnjbw: lcnP\klIcW kwL§Äþ]«nIPmXnbn \n¶pw aX]cnhÀ¯\wsNbvXv {InkvXpaXw kzoIcn¨hÀ¡v AwKXzw \evIp¶Xp kw_Ôn¨ \nÀt±i§Ä.

ImÀjnI hmbv]m klIcW kwL§Ä DÄs¸sSbpff klIcW kwL§fn  lcnP\§Ä¡v AÀlamb {]mXn\n[yhpw {]tbmP\hpw e`yamIp¶nsöv t_m²ys¸« kmlNcy¯n AhÀ¡mbn {]tXyIw klIcW kwL§Ä cq]oIcn¡phm³ Xocpam\n¡pIbp­mbn.  A{]Imcw cq]oIrXamb lcnP\ klIcW kwL§Ä¡v kvs]j Iwt]mWâv ¹m\n {]tXyIw XpI hI amän [\klmbw A\phZn¨phcnIbmWv.

lcnP\ klIcW kwL§fpsS \nbamhen A\pkcn¨v lcnP\ klIcW kwL§fn lcnP\§Ä¡v  (]«nIPmXn¡mÀ¡v) am{Xta AwKXz¯n\v AÀlXbpffp. F¶mÂ, ]e lcnP\ klIcW kwL§fnepw ]«nIPmXn¡mcn \n¶pw aX]cnhÀ¯\w sNbvXv {InkvXpaXw kzoIcn¨hsc ]«nIPmXn¡mcmbn IW¡m¡n AwKXzw \ÂIn ]«nIPmXn¡mÀ¡pff B\pIqey§Ä \evInhcp¶Xmbn ImWp¶p. ]«nIPmXn¡mcn \n¶pw aX]cnhÀ¯\w sNbvXv {InkvXpaXw kzoIcn¨hÀ¡v hnZym`ymk¯n\pff B\pIqeysamgnsI aäv B\pIqey§Ä¡v AÀlXbnÃ.  {InkvXpaXw kzoIcn¨ ]«nIPmXn¡mÀ¡v Nne lcnP\ klIcW kwL§fn AwKXzw \ÂInhcp¶Xp ImcWw, kÀ¡mcn \n¶pw ]«nIPmXn¡mÀ¡v \ÂIn hcp¶ B\pIqey§Ä A{]ImcapffhÀ¡pw e`n¡p¶Xn\v ImcWamIp¶p. ]«nIPmXn¡mÀ¡v AhcptSXmb klIcW kwL§Ä hgn e`yamIp¶ B\pIqey§Ä AÀlcmbhÀ¡v am{Xw e`yamIp¶ Imcyw Dd¸phcp¯p¶Xn\mbn Xmsg¸dbp¶ \nÀt±i§Ä \ÂIp¶p.

(1)    lcnP\ klIcW kwL§fn \n¶pw ]«nIPmXn¡mcÃm¯hsc \o¡w sN¿pIbpw ]pXnb AwK§sf tNÀ¡pt¼mÄ ]«nIPmXn¡mcmsW¶v sXfnbn¡p¶Xn\pff kÀ«n^n¡äv lmPcm¡p¶hcpsS AwKXz¯n\pff At]£ am{Xw ]cnKWn¡pIbpw sN¿p¶p.  C{]Imcapff \nÀt±iw FÃm lcnP\ klIcW kwL§Ä¡pw \evIpIbpw, {]kvXpX \nÀt±i§Ä lcnP\ klIcW kwL§Ä, ]men¡p¶ps­¶v ap¶p amk¯nsemcn¡Â ]cntim[n¨v t_m²ys¸SpIbpw sN¿pI.

(2)    ]«nIPmXn¡mcÃm¯hÀ¡ v AwKXzw \evInbn«pff lcnP\ klIcW kwL§fn A{]ImcapffhÀ¡v kÀ¡mcn \n¶pw e`yamIp¶ Hmlcn ]eni Cfhv BZnbmb B\pIqey§fpw hmbv] apXembhbpw \evtI­Xnsöv lcnP\ klIcW kwL§Ä¡v \nÀt±iw \evIpIbpw, {]kvXpX \nÀt±iw kwL§-Ä ]men¡p¶ps­¶v Dd¸phcp¯pIbpw sN¿pI.

(3)    lcnP\ klIcW kwL§Ä ]pXnbXmbn cq]oIcn¡s¸Spt¼mÄ ]«nIPmXn¡mÀ¡p am{Xta AwKXzw \evImhqsb¶v \njv ¡Àjn¡p¶tXmsSm¸w Sn kwL§Ä cPnkväÀ sNbvXp Ignªm {]kvXpX kwL§Ä aq¶p amk¯nsemcn¡Â ]cntim[\ \S¯n AÀlcmbhÀ¡v am{Xsa AwKXzw \evInbn«pffpsh¶v t_m²ys¸SpIbpw thWw.

ta \nÀt±i§Ä \S¸nem¡phm³  FÃm tPmbnâv cPnkv{SmÀamcpw Aknkväâv cPnkv{SmÀ (P\dÂ) amcpw {]tXyIw {i² ]Xn¸nt¡­XmWv.

sI. Fw. _meIrjvW³

klIcWkwLw cPnkv{SmÀ

Government of Kerala

ABSTRACT

P.W.D. Centage charges-Exemption from payment of Centage charges for the Construction of buildings sponsored by the Harijan, Girijan Co-operative Societies-Sanctioned-Orders issued.

Public Works (G) Department

G.O.MS.123/83/W                                                                

Trivandrum, 25-10-1983

Read: 1.  G.O.P.239/76/PW dated 5-11-76

           2. Petition dated 5-8-82 from the Secretary, Harijan Welfare Multipurpose Co-operative Society, Nettoor P.O.

           3. Letter No B7-59651-82 dated 14-12-82 from the Chief Engineer (B & R)

           4. Letter No. D3/1022/83/L.Dis. dated 21-1-83 from the Director of Tribal Welfare.

           5. Letter No.HG (3) 7918/83 dated 9-3-83 from the Registrar of Co-operative Societies.

ORDER

In the petition read above the Secretary, Harijan Welfare Multipurpose Co-operative Society Ltd.  Nettoor, has requested to exempt from payment of Centage charges to the Public Works Department for supervision of construction of their buildings as such buildings are constructed by the said Society with the Grant sanctioned  by Government.

In G.O.239/76/PW dated 5-11-76 prescribing the rates of Centage charges it has also been specified that on fees for scrutiny of plans and estimate will be realised in respect of building proposed to be constructed by loans/grants from Government for the Housing scheme of Harijan Welfare Department.

In the letter read as 3rd paper above the Chief Engineer (B & R) has recommended the proposal stating that the Girijan Societies may also be exempted from payment of Centage charges as there are no separate rules in this regard.  The Registrar of Co-op. Societies and the Director of Tribal Welfare have also recommended to exempt all the Harijan and Girijan Co-op. Societies from payment of Centage charges to the PWD.

Government have considered the proposal in detail and are pleased to exempt all the Harijan Girijan co-operative societies from payment of Centage charges due to the Public Works Department for the preparation and scrutiny of plans and estimate, supervision of construction and for issue of valuation charges of the building proposed to be constructed by the said societies with Government grant.

By order of the Governor

Mary Miranda

Deputy Secretary