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TMI Blog1967 (11) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... al is whether the licence inspector, Mangulal Chunilal, was competent to file the complaint under s. 37 6 (1) (d) (i), read with s. 392 (1) (a), of the Bombay Provincial Municipal Corporation Act, 1949, hereinafter referred to as the Act. The relevant facts are not now in dispute and are as follows On October 10, 1963, Mangulal Chuniial, licence inspector, filed a complaint against Manilal Maganlal, hereinafter referred to as the accused, alleging that the accused had carried on the work of blacksmith by manufacturing machinery, spare parts and safe cupboards, without obtaining licence. At the end of the complaint it was stated : "I have obtained permission for filing this complaint from the Medical Officer of Health by order no. da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of the Bombay High Court in The State v. Manilal Jethalal (1953) 55 B.L.R. 377 in which it had been held that the words "take proceedings" meant "order proceedings to be taken." The learned counsel for the appellant contends (1) that the decision of the Bombay High Court in The State v. Manilal Jethalal (1953) 55 B.L.R. 377 was binding on the learned Judge in view of the full bench decision in State of Gujarat v. Gordhandas Keshavji Gandhi (1962) 3 Guj. T-.R, 269; (2) that power to take proceedings includes power to authorise others to institute proceedings in the context of the Act and (3) that there were no limiting words in the order delegating the power to the Deputy Health Officer that he should file a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er" occurring in any provision in this Act, shall be deemed to include such officer. S. 481.(1) The Commissioner may- (a) take, or withdraw from proceedings against any person who is charged with- (i) any offence against this Act or any rule, regulation or by-law; (ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; (iii) committing any nuisance whatever; (b) compound any offence against this Act or any rule, regulation or by-law which under the law for the time being in force may legally be compounded, (c) defend any election petition brought under section 16; (d) defend, admit or compromise any appeal against a ratable value or tax bro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im to a municipal officer. The Commissioner having delegated his powers to the Deputy Health Officer, the question arises whether it is the Deputy Health Officer or the Licence Inspector who should take proceedings against the accused within the meaning of s. 481 (1) (a). It is not disputed that under subcls. (b), (c), (d), (f) (g), (h) and (i) of s. 481 (1), the various actions contemplated in these sub-clauses would have to be taken by the delegate himself. In other words, he would have to institute a suit within sub-cl. (i) and admit or- compromise any claim. suit or legal proceeding within sub-cl. (b), but it is said that the word "take" has been deliberately used in sub-cls. (a) and (e) to enable the delegate to entrust initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Acts, for example, "except upon a complaint in writing of the Commissioner or an officer to whom he has delegated his powers." It is true that if the language suggested by him had been used no dispute would have arisen. But we are not free to interpret the words "take proceedings" to mean "order proceedings to be taken" because the word "take" is an English word and we can only ascribe to it a meaning which it bears in the English language. The learned counsel for the appellant says that since the decision of the Bombay High Court in The State v. Manilal Jethalal (1953) 55 B.L.R. 377-379 no other decision has taken any other view and we should not disturb the view which has prevailed since that d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot;An officer of the municipality must himself perform hi-, duties created by statute or bye-law. He cannot delegate them to others, unless expressly authorised in this behalf. The Act does not so empower the officers to delegate their functions in their turn, and thus an officer to whom the power is delegated by the Chairman must perform them himself."
We agree with the above observations of Hidayatullah, J. On this point there does not seem to have been any difference of opinion between him and the majority; he differed only on the question whether on the facts in that case there was in fact a delegation or not.
For the aforesaid reasons we dismiss the appeal and maintain the order passed by the High Court.
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