TNCOS Rules 69Chapter VI · Properties and Funds of the Societies

Section 69 · Deduction from the salary or wages

(1)

Every agreement under sub-section (1) of section 48 shall be in Form No. 28. Upon the execution of such agreement the society shall send intimation of the execution or of the agreement to the employer or the officer disbursing the salary or wages of the member who has executed the agreement and furnish the said employer or officer with a copy of such agreement.

(2)

In respect of every member who had executed such agreement and in respect of whom intimation has been sent under sub-rule (1), the society may send to the employer or the officer disbursing the salary or wages of the member, a requisition in Form No. 29 every month for the recovery from the salary or wages of such member of the amount payable by the member to the society for the month and for the remittance of such amount to the society. It shall be sent at least seven clear days prior to the last working day of the month.

(3)

A member who has executed such an agreement shall, on every occasion he is subjected to a change in the employer or officer disbursing salary or wages whether by reason of change of office or place of employment or otherwise, within a week of his becoming subject to such change, report the same to the society. The society shall within a fortnight of the receipt of such report, send intimation of the execution of the agreement to such employer or officer together with a copy of such agreement. The employer or the officer concerned shall, on receipt of such intimation from the society make a note of the agreement in the register maintained by him for the disbursement of salary or wages.

(4)

[ Any amount recovered by an employer or officer disbursing salary or wages from an employee by deducting from his salary or wages in pursuance of a requisition received from any society or societies, as the case maybe, shall be remitted by such employer or officer, as the case maybe, to the society or societies concerned as soon as possible and in any case within a period of fourteen days from the date on which the deduction is made.] [Inserted by SRO A-1(a)/2013 - G.O. Ms. No. 10, Co-operation, Food and Consumer Protection (Cj1), dated 31.1.2013, w.e.f. 31.1.2013.]

(5)

The cost of remittance to the society or societies of the deductions made under clause (a) of sub-section (2) of section 48 shall be borne by the society or societies concerned. The employer or the officer disbursing the salary or wages shall furnish to the society or societies, as the case may be, along with the remittance a statement of recoveries effected from the members and the cost of remittance of the money to the society or societies in Form No. 30.

(6)

Where an amount deducted by the employer or the officer disbursing the salary or wages of the member of a society under clause (a) of sub-section (2) of section 48 is remitted by such employer or officer to a society, the society shall promptly issue to such employer or officer a receipt for the amount so remitted and the receipt given by the society for such amount shall constitute a good and sufficient discharge of the liability of such employer or officer in respect of any claims by such member against such employer or officer.

(7)

For the purpose of sub-section (8) of section 48, interest shall be calculated at three per cent above the maximum lending rate of the society to the members concerned on the entire sum deducted under sub-section (2) or subsection (5) of section 48, but not remitted by the employer or the officer disbursing salary or wages, from the date on which such deduction was made.

(8)

The society shall make an application to the Registrar for recovery of sum under sub-section (8) of section 48 specifying the amount to be recovered, the interest thereon and the costs involved with full details thereof and the name and address of the employer or the officer disbursing salary or wages from whom such recovery shall be made.

(9)

Any amount realised by a society from a member by deduction shall be credited by the society to the account of such member on the date on which the amount was deducted by the employer or the officer disbursing the salary or wages irrespective of the date on which the amount was actually received by such society. On the appropriation of the amount in the accounts of the society, the particulars of credit for the amount realised shall, forthwith, be furnished to the member by the society.

(10)

The employer or the officer disbursing the salary or wages shall for the purpose of sub-section (3) of section 48, maintain a register showing the recovery and remittance of moneys due to societies in Form No. 31.

(11)

(a)

Credit societies, consumer societies and causing societies shall be the classes of societies for the purpose of the proviso to clause (b) of sub-section (2) of section 48.

(b)

Where any amount is due to any society belonging to any of the classes of societies specified in clause (a), the entire gross salary or wages for the month may be deducted and paid as laid down in clause (b) of the said sub-section (2) of section 48.

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