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Water (Prevention and Control of Pollution) Act, 1974: s.10 – Whether City Municipal Council is Department of Government – Held: The City Municipal Council is a Council, incorporated under s.10 of the Karnataka Municipalities Act, 1964 – City and Town Municipal Councils as per s.10 is “a body corporate” – Similarly, under the Karnataka Municipal Corporations Act, 1976, the Municipal Corporations are constituted as Corporation by virtue of s.10 – The Municipal City Council and Municipal Corporation, which have been created by State enactments are controlled by the Government, which bodies also receive financial assistance from the Government – It is well settled that Municipal Corporations are instrumentality or agency of the Government – The question is whether City Municipal Council constituted under the Municipalities Act can be treated as Department of Government – The first test to find out as to whether an institution is a Corporation or a Department of the Government is to enquire whether the undertaking functions as a responsible independent organisation and not as part of any Department of the State; the second test is whether it is endowed with the capacity to contract obligations and of suing and being sued – The Scheme of constitution of Municipal area and other provisions of Act, 1964 clearly indicate that Municipalities are not a Department of the Government – The Constitution also envisages Municipality as a body of self-Government – Thus, the provisions of the Act, 1964 and Act, 1974 makes it clear that City Municipal Council are not to be treated as Department of the State Government – Karnataka Municipalities Act, 1964 – Karnataka Municipal Corporations Act, 1976 – Municipalities – Constitution of India – Art.243P.Water (Prevention and Control of Pollution) Act, 1974: s.47, 48 – Prosecution of Municipal Commissioner of City Municipal Council and Chief Officer of City Municipal Council – When an offence is committed by City Municipal Council or Corporation, whether they can be prosecuted under the Act, 1974 and what is the procedure for initiating proceeding for prosecution of such bodies – Held: s.47 contains a heading “offences by companies” – The definition of company is contained in the Companies Act, 1956 in s.3 – The definition of company as contained in the Companies Act, 1956 is clearly not borrowed in the expression of company as used in s.47 of Act, 1974 – The company has been defined in s.47 of Act, 1974 in a very wide and inclusive manner – Explanation to s.47 states that “company” means “any body corporate” – Thus, all body corporates are included within the definition of company as per s.47 – There cannot be any dispute that City Municipal Council is a body corporate, which has been clearly provided under s.10 of Act, 1964 – Looking at the purpose and object of the Act, s.47 can be resorted to for offences by body corporate – s.49 embraces cognizance of all offences under the Act – Whether the offences are covered by ss.47 or 48 has no bearing on the power of the Court to take cognizance of an offence – Karnataka State Pollution Control Board filed complaint for taking cognizance specifically referring to s.49 of the Act, 1974 – Thus, in event any offence is committed by anyone, its cognizance can be taken under s.49 – However, offences by a body corporate are to be covered by s.47, since in event offences by body corporates are not covered by s.47, the benefit of s.47(1) proviso shall not be available to those body corporates, which cannot be the intention of the Legislature – Thus, offences by body corporate like City Municipal Council are covered under s.49 treating it to be offence as by company as provided in s.47 – Complaint against Municipal Commissioner of City Municipal Council and Chief Officer of City Municipal Council by appellant-Board was maintainable – Companies Act, 1956 – s.3.Water (Prevention and Control of Pollution) Act, 1974: Legislative intent of enactment – The Act, 1974 was enacted by the Parliament to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water. Municipalities: Duties of Municipal Council/Corporation – Held: City Municipal Council and City Municipal Corporation are created or incorporated by the State and entrusted with the Municipal functions – One of the main functions entrusted to the Corporation is to ensure clean environment to the residents, to control pollution in a Municipal area, which is one of the duties of the Municipal Council and the Corporation |
