Two appointments for one person under two statutes

At the same time.

Appointment is not illegal.But  joining is the option .

Can he opt to join both the positions at a time?

You cannot serve two masters  .

Sir,

I repeat the query.

1. Section 2A(1) of KCS Act, 1959 reads "The State Government may appoint a person to be the Registrar of Co-operative Societies for the State"

2. Section 3(1) of  Karnataka Souharda Sahakari Act, 1997 reads "The Government may appoint an officer of the Government to be the Registrar of Co-operatives for the State"

By using the powers as above, the Government has appointed a single bureaucrat as Registrar under both the laws. Now please clarify whether the proceedings of  the Government is lawful? If yes/no give citations if any. From the bureaucrat point of view, is it not  double employment with or without remuneration? If yes/no give citations if any.

Registrar of Cooperative Societies of a state is a statutory post, incumbent to which is appointed by the respective state govt. . The two statutes that are referred to in the query are enacted by the state for furtherance of cooperative movement n the state. as the Registrar in the instant case is the head of office of the Cooperative deptt., the name of the post is referred to in both the statutes as ,the duty to exercise control over implementation and regulation of cooperative activity is cast upon the incumbent to the post of the Registrar by way of notification issued under the Rules framed under both enactments. So, the appointment does not become illegal or void .

In what way you are concerned?In Tamilnadu there are 14 Registrar of cooperative societies functioning under various Departments.This arrangement is for the convenient enforcemnt of the Act and Rules in the Coop.Societies functioning under the  control of the head of respective departments.

The issue raised by you is a fact  that the government s aware of but still the government has decided to go ahead, you mean to say the government is at fault?, what way you think that it is illegal?, do you have any authority to say so?, what is your concern about this?

Sir, 

I am a human welfare practitioner through cooperation. Now, I am working towards ensuring true implementation of 97th Constitution Amendmnet (Article 19(1)(c), 43B and 243ZH to 243ZT). Article 243ZH(f)  defines "Registrar" means the Central Registrar appointed by the Central Government in relation to the multi-State co-operative societies and the Registrar for co-operative societies appointed by the State Government under the law made by the Legislature of a State in relation to co-operative societies. The Standing Committee on amendment made a mention that "Therefore, it has become necessary to bring in amendment in the Constitution to provide a conducive environment, strong legal framework and protection to co-operatives, for their growth and to insulate them from unnecessary political and bureaucratic interference".

In my humble opinion, the Registrar must be other than political and bureaucratic person. Where as Karnataka State has ignored the Constitutional mandate while defining Reistrar in both the laws.

nothing illegal in giving additoinal charge as long as one is not drawing two salaries

Sir,

It is not a process of additional charge. It is two appointments of a single person by two separate statutes. I reproduce the provisions of two separate statutes.

1. Section 2A(1) of Karnataka Cooperative Societies Act, 1959 reads "The State Government may appoint a person to be the Registrar of Co-operative Societies for the State"

2. Section 3(1) of  Karnataka Souharda Sahakari Act, 1997 reads "The Government may appoint an officer of the Government to be the Registrar of Co-operatives for the State"

You are a Government employee and must be able to understand the intricacies and prerogatives of the Government machinery. Ex-offcio functioning is the Administrative exigencies and in this case also the same is being adopted.You need not read too much behind the Authority of the Governrnent.

well explained by Mr Gabriel

Is it the message by Mr. Isaac Gabriel and Mr. Sudhir Kumar that Government is ultimate as also unquestionable (not to read too much behind the Authority of the Government) and Constitutional provisions are only a perfunctory scriptts in India?