Delegated power to launch municipal prosecution must be exercised personally unless statute expressly allows further delegation.

Under the Bombay Provincial Municipal Corporation Act, 1949, a municipal delegate empowered to "take proceedings" must personally institute the complaint or prosecution unless the statute expressly allows further delegation. The Court held that section 481(1)(a) did not permit a licence inspector to file a complaint where the delegated authority was vested in the Deputy Health Officer, and the power could not be passed on by implication. As statutory authority to launch proceedings had to appear on the face of the complaint, the complaint was without valid authority. The conviction and sentence were therefore left undisturbed by the High Court's order, and the appeal failed.

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Issues: Whether, under the Bombay Provincial Municipal Corporation Act, 1949, a licence inspector could file a complaint for an offence when the delegated power under section 481(1)(a) was vested in the Deputy Health Officer.

Analysis: Section 69(1) permits delegation of municipal powers to an officer, subject to control and conditions. Section 481(1)(a) authorises the Commissioner, and by delegation the empowered officer, to take proceedings against persons charged with offences. The power to take proceedings was held to mean that the delegate must himself initiate the complaint or prosecution. The language did not authorise the delegate to further entrust that function to another officer. Statutory authority to launch proceedings must be shown on the face of the complaint, and it cannot rest on an implied power of sub-delegation.

Conclusion: The licence inspector was not competent to file the complaint. The complaint lacked valid authority.

Final Conclusion: The appeal failed and the High Court's order setting aside the conviction and sentence was left undisturbed.

Ratio Decidendi: Where a statute authorises a delegated municipal officer to take proceedings, the function of instituting the complaint must be exercised personally by the empowered officer unless the statute expressly permits further delegation.

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