Dear Sir,
I recently joined a co-operative society which is running from 6 year i m the only HR here and there is no rule & regulation regarding leave salary etc company want me to set rule and regulation for company and i haven\'t that much or experience. i am doing well as i can and they are satisfy from my work but i need guidance what should be the rule and regulation.

From India, Delhi
K C S Kutty
74
Labour Laws

Cooperative Societies are registered and governed by the provisions of the Cooperative Societies Act of the State. Each State is having its own Act and Rules. For Cooperative societies functioning in more than one State, the Multi State Cooperative Societies Act 2002 is applicable.
Cooperative societies are functioning in different sectors like Banking, dairy, industry, labour, credit, handlooms, housing, etc. etc. Labour Laws applicable to public sector and private sector organisations are applicable to cooperative societies also.
Rules and Regulations of employment (Standing Orders) can be framed by the Board of Directors (or Committee) of the Society keeping the provisions in the Coop Societies Act and Rules in mind and get it registered from the office of the Registrar of Cooperative Societies. Standing Orders can be certified as per the provisions of Industrial Employment (Standing Order) Act 1946 also.

From India, Madras
Hai mishra, being member from 2 years, u might hv gained so much knowledge to handle the position. Take bare acts and formulate rules and regulations with the approval of concerns
From India, Visakhapatnam
varghesemathew
904
Now freelance consultant in Labour law/HR

Standing orders Act is not applicable to Co Op socities if it is governed by any rules under Sec 13 B of the Act. Varghese Mathew
From India, Thiruvananthapuram
K C S Kutty
74
Labour Laws

I agree with Mr Varghese Mathew. However, I may clarify that in case of Cooperative Societies in Kerala, provisions for employment in Cooperative are made in Section 80 of the Kerala Cooperative Societies Act 1969 and the Rules 182 to 201 of the KCS Rules. According to the type and financial position the Societies are classified and the staff strength, pay scales are fixed by Section 80. Rules prescribe, age limit, probation, promotion, qualifications, employment assistance to dependants to employees dying in harness, remuneration and allowances, travelling allowance and other allowances, leave rules, medical assistance, duties, responsibilities and conduct, disciplinary action etc. Rule 196 prescribes "necessary bye laws shall be framed and implemented by the societies regarding the duties and responsibilities of the employment not inconsistent with the provisions of the KCS Act and other Act relevant to it.

The said provisions are available only in the Kerala Cooperative Societies Act 1969 and as such the provisions of Industrial Employment (Standing Order) Act 1946 may not be applicable to Cooperatives in Kerala. Since the member raised question is from Delhi, the Kerala Act and Rules will not be applicable there. In Maharashtra, the Cooperative Banks are not governed by Industrial Disputes Act 1947 but by the Bombay Industrial Relations Act 1946.

From India, Madras
varghesemathew
904
Now freelance consultant in Labour law/HR

Mr Kutty,
Thanks Mr Kutty.I would like to add that in Kerala ,ID Act and POG Act alone are applicable to Co op societies .All other matters are governed by KSR ,Co Op rules and bye-laws of societies.
Varghese Mathew

From India, Thiruvananthapuram
K C S Kutty
74
Labour Laws

Thank you Mr Mathew.

Since Cooperative Societies are registered and controlled under provisions of the Cooperative Societies Act of the State, the provisions vary from State to State. Glad to note that for all matters relating to employment in Cooperative Societies in Kerala, provisions are made in the Coop Act and Rules or KSR. Such specific Rules are not in force in other States and hence they Society (its BoD) has to frame the Service Rules or Standing Rules or Standing Orders or Sub Rules or Special Bylaws, by whatever name it is called, for staff matters and get it certified by the Registrar / Joint Registrar of Cooperative Societies, who is having jurisdiction over the Society. If such provision is also not made in the Coop Act and Rules of the State for framing the Service Rules, then the only option left out is IE(SO) Act 1946.

I think the Kerala Shops and Establishment Act, Minimum Wages Act 1948, Payment of Wages Act 1936, Employee Compensation Act 1923 etc. are also applicable to Cooperatives in Kerala. For factories run by Cooperatives like RUBCO, RAIDCO, etc. the Factories Act 1948 may also be applicable.

I will be glad to update my knowledge.

From India, Madras
K C S Kutty
74
Labour Laws

Service Rules may be framed based on the nature of functions of the organisation. Copy and Paste technique will not work, especially for Cooperative societies since the working hours, nature of work etc. number and designation of employees may differ. For example, a milk producers cooperative society starts functioning from 6 AM and again from 2 PM for collection of milk from its members. A weekly off cannot be given to such a society, as there is no holiday for milk procurement, but employees must be given weekly off.
From India, Madras
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