(1)
Notwithstanding anything contained in this Act or the bye-laws made thereunder and subject to the Rules made by the Government in this behalf, the Government may, in the interest of the co-operative movement, constitute, from time to time, by order, in respect of-
(2)
When any such common cadre of service is constituted under sub-section (1) in respect of any post, all the employees holding such posts on the date of constitution of such common cadre of service, shall be deemed to have been absorbed in the common cadre of sendee with effect on and from the date of constitution of such common cadre of service:
Provided that the salary (including allowances) of any such employee shall not be varied to his disadvantage:
Provided further that any such employee may, within such period as may be prescribed, by notice in writing to the competent authority constituted under sub-section (3) intimate his option for not becoming a member of such common cadre of service, and in that event, his services in the registered society shall stand determined with effect on and from the date of such notice and he shall be entitled to either,-
(3)
The order under sub-section (1) shall provide for the constitution of the competent authority which shall be a committee consisting of both officers of the Government and non-officials and the total strength of such committee shall not exceed five, from among whom one of the officers of the Government not below the rank of Joint Registrar in the Co-operative Department or not below such rank in other departments of the Government as may be prescribed, shall be appointed by the Government as the Chairman, to exercise the powers of recruitment, appointment, transfer and disciplinary control (including censure, stoppage of increment, withholding of promotion, suspension by way of punishment, reduction to a lower rank in the seniority list or to a lower post or time scale whether in the same service or in another service or to a lower stage in a time scale, compulsory retirement, removal or dismissal) and such other powers as may be prescribed in respect of holders of posts in such common cadre of service. After the constitution of such competent authority, the registered society concerned shall not, in respect of holders of posts in such common cadre of service, exercise any of the powers which are conferred by or under this Act or the Rules made thereunder on the competent authority in respect of such common cadre of service. There shall be a separate competent authority in respect of each common cadre of service:
Provided that the Government may direct that, for such period not exceeding three years from the date of constitution of a common cadre of service, such committee in relation to that common cadre of service, shall consist of only a single officer of the Government not below the rank of Joint Registrar in the Cooperative Department or not below such rank in other departments of the Government as may be prescribed; and such officer shall be the "competent authority constituted under sub-section (3) of section 75" for the purposes of this Act and any reference to the competent authority in this Act shall, for the period mentioned in this proviso, be construed as a reference to the single officer aforesaid!:
Provided further that the registered society under which an employee borne on a common cadre of service is for the time being employed shall also have the power to impose on such employee the penalty or censure or stoppage of increment up to two years without cumulative effect.
Explanation.—For the purposes of this sub-section,-
(4)
(5)
(6)
(7)
The provisions of section 41 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) shall not apply to the employees of common cadre of service constituted under sub-section (1).
(8)
The Government may, by general or special order, require the registered society or class or category of registered societies concerned to make contribution of such sum as may be fixed by them towards the full or partial recoupment of the expenditure incurred or likely to be incurred by the competent authority.
(9)
The Government may, by Rules, specify the rate at which the registered societies shall contribute towards the salary (including allowances), subsistence allowance, leave salary, provident fund and gratuity and such other sums or allowances as may be prescribed of the employees of the common cadre of service.
(10)
Any sum to be contributed under sub-section (8) or sub-section (9) may be recovered as if it were an arrears of land revenue and for the purposes of such recovery, the Registrar shall have the powers of a Collector under the Tamil Nadu Revenue Recovery Act, 1864 (Tamil Nadu Act II of 1864).