Body Corporates Like City Municipal Council/Corporation Can Be Prosecuted U/s 47 Water (Prevention and Control of Pollution) Act: SC [Read Judgment]

The Supreme Court has observed that Body Corporate like City Municipal Council and Corporation can be prosecuted under Section 47 of the Water (Prevention and Control of Pollution) Act, 1974.

In this case, the Karnataka High Court had quashed the complaint filed by Karnataka State Pollution Control Board on the ground that Commissioner of Municipal Council, Chief Officer or Council cannot be termed as Head of the Department and they cannot be prosecuted under Section 48 of the Act, 1974.

While considering the appeal [Karnataka State Pollution Control Board vs. B. Heera Naik] the bench of Justice Ashok Bhushan and Justice MR Shah noted that the scheme of constitution of Municipal area and other provisions of Act, 1964 clearly indicate that Municipalities are not a Department of the Government. Therefore, the issue before the Apex Court was whether the expression "companies" as used in Section 47 can include other corporate bodies including City Municipal Council and Corporation?

To answer this, the bench noted that a 'company' has been defined in Section 47 of Act in a very wide and inclusive manner.

"Explanation states that "company" means "any body corporate". Thus, all body corporates are included within the definition of company as per Section 47. There cannot be any dispute that City Municipal Council is a body corporate, which has been clearly provided under Section 10 of Act, 1964 as noted above."

The court further observed that offences by body corporate like City Municipal Council are covered under Section 49 treating it to be offence as by company as provided in Section 47. It added: 

Section 49 embraces cognizance of all offences under the Act. Whether the offences are covered by Section 47 or 48 has no bearing on the power of the Court to take cognizance of an offence. Karnataka State Pollution Control Board has filed complaint for taking cognizance specifically referring to Section 49 of the Act, 1974. Thus, in event any offence is committed by anyone, its cognizance can be taken under Section 49. We, however, reiterate that offences by a body corporate are to be covered by Section 47, since in event offences by body 38 corporates are not covered by Section 47, the benefit of Section 47(1) proviso shall not be available to those body corporates, which cannot be the intention of the Legislature. We, thus, conclude that offences by body corporate like City Municipal Council are covered under Section 49 treating it to be offence as by company as provided in Section 47 

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