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TMI Blog1960 (12) TMI 79X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Agartala Municipality had no power to sanction the prosecution of the respondent under Section 20 of the Prevention of Food Adulteration Act. The Magistrate held that the Administrator had the power as, in his opinion, the Administrator was the local authority within the meaning of Section 2(viii) of the Prevention of Food Adulteration Act and he therefore convicted the respondent and sentenced him to pay a fine of ₹ 500/- and in default to rigorous imprisonment for two months. In the appeal filed by the respondent, the learned Sessions Judge came to the opposite conclusion and held mainly relying on the decision Administrator, Howrah Municipality v. Messrs. Byron Co.' reported in 1958 Cr. LJ 169(2) (Cal) which was a decision under Section 554 of the Bengal Municipal Act that the Administrator had no such power as he was not the local authority within the meaning of Section 20(1) of the Prevention of Food Adulteration Act and he held the prosecution to be unauthorised and directed the acquittal of the respondent. Against that order in appeal, this further appeal against acquittal was filed. 4. The only question which arises in this appeal is whether the Adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Act. The next step in the argument was that even in the District Magistrate was validly appointed under Section 293(kha) to take over the Municipality, he will not be the local authority within the meaning of Section 2(viii) of the Prevention of Food Adulteration Act and that he will not get the power to exercise any rights under the Prevention of Food Adulteration Act and that therefore the sanction given by him cannot be valid. 7. The Tripura Municipal Act is in Bengali language and the translations of some of the relevant sections have been supplied, Section 292 of the Act reads as follows: 292. of in the opinion of the Raj Mantri the Minister of State the Commissioners have proved themselves inefficient or have made persistent default in the discharge of their duties imposed on them by the Act or by any other law or have exceeded their powers or abused the same, the Raj Mantri may, by an order with reasons for doing so, published in the official gazette, declare such Commissioners to be inefficient or in default Or to have exceeded or abused their powers as the case may be and super sad them for a period specified in the order: Provided that except ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t would have been better if the Chief Commissioner had mentioned the reason or reasons for his opinion. To take over the administration, he had to find that the Commissioners were inefficient or made persistent default or acted in excess or abuse of authority and he had to state in the notification that the Commissioners have been superseded. But it was not disputed before me that the Commissioners were, in fact, superseded by the said notification and the Administrator was appointed to perform and exercise the duties and powers of the Commissioners and that he has, in fact, been exercising his duties and powers all these years. I also find that in the Sessions Court in appeal the respondent did not raise this point and admitted that the supersession of the Municipality and the appointment of the Administrator were quite in accordance with law. This point is raised for the first time in this Court. 11. I am really at a disadvantage in dealing with this question as the Tripura Municipal Act is in the Bengali language and it being a very lengthy enactment consisting of hundreds of sections it has not been possible to translate the entire enactment and to place the same before m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have appointed the then District Magistrate by name and that he should have passed fresh orders whenever the person of the District Magistrate changed. I am not prepared to limit the meaning of the word person as person by name. There is nothing wrong in a person being appointed by the name of the office which he holds when the intention was to appoint the holder of the office to the post. 'Person' in the technical or legal sense can be a natural person like a human being q or an artificial person like the holder of an office or a corporation. 14. Next we come to the question whether the Administrator will come within the meaning of the words a local authority'' within Section 20(1) of the Prevention of Food Adulteration Act. Under Section 20(1) a local authority has to give the written consent for the prosecution. Local authority has been defined under Section 2(viii) of the Act. Local authority in the case of a local area means a Municipality, Municipal Board or Municipal Corporation. In our present case it will mean the Commissioners because the Commissioners formed the Municipality of Agartala. It cannot be said that because the word Commissioners' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strator did not get the powers and duties under an enactment which came into existence after the supersession. 17. I find myself unable to agree with this interpretation of Section 293 and I agree with the Magistrate in his interpretation. What Section 293(kha) states is that all the powers and duties which might be, performed or exercised by the Chairman or the Commissioners shall be performed or exercised by the person appointed on supersession. A logical interpretation of this will mean that all such powers and duties which might have been exercised by the Chairman or Commissioners if they had been in office on the date when this sanction was given by the Administrator could be exercised by the Administrator after the supersession. Otherwise Section 293(ka) will be reduced to an absurdity. In these days various enactments giving powers to Municipalities and Commissioners are passed and come into force from time to time. The interpretation of the Sessions Judge will mean that if any enactment came into force giving such powers subsequent to the supersession such powers could be exercised by the Commissioners or Chairman only after the supersession is cancelled and fresh Com ..... 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