The Andhra Pradesh pollution control board prosecuted the managing director of Lodha industries Ltd. for discharging noxious trade effluents without its consent. The managing director pleaded that since the company was not prosecuted, he could not be held personally liable. Decide.

You are here:
  • KB Home
  • Model Solved Problems
  • The Andhra Pradesh pollution control board prosecuted the managing director of Lodha industries Ltd. for discharging noxious trade effluents without its consent. The managing director pleaded that since the company was not prosecuted, he could not be held personally liable. Decide.
< Back

ANSWER

As per Sec 47 of the Water (Prevention and Control of Pollution) Act, 1974, the managing director cannot plead that since the company was not prosecuted, he could not be held personally liable.

 

Sec 47 speaks about the offences by companies. It reads –

(1) If an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, are guilty of the offence and are liable to be proceeded against and punished accordingly.

However, such person is not liable to any punishment, if he proves that the offence was committed without his knowledge for that he exercised all due diligence to prevent the commission of such offence.

 

(2) Further, if an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, then such director, manager, secretary or other officer is also guilty of that offence and is liable to be proceeded against and punished accordingly.

The plea of the managing director that since the company was not prosecuted, he could not be held personally liable is not sustainable, as prosecution of the company is not mandatory.

Last Updated On February 05, 2018
CartItem Removed. Undo
  • No products in the cart.