S.S.SANDHAWALIA, J.

1. The three significant issues which have come to the fore in this reference to the Full Bench deserve a somewhat precise formulation in the following terms :-

(i) Whether S.47(1) of the Water (Prevention and Control of Pollution) Act, 1974, necessarily mandates the incorporation of the words "he was in charge of, and was responsible to the company for the conduct of the business of the company" in all complaints against a Chairman, Managing Director, or General Manager of the Company for offences in contravention of the said Act?

(ii) Whether S.47(2) of the Act aforesaid inflexibly mandates the incorporation of the allegation that the offence was committed with the consent or connivance or was attributable to the neglect on the part of the Chairman or Managing Director or General Manager of the Company in the complaint itself?

(iii) Whether 1971 BLJR 1005 (R. N. Dutta V/s. State) and a long line of precedent taking a similar view both earlier and subsequent thereto with regard to the pari materia provisions of S.10 of the Essential Commodities Act lay down the law correctly?

2. The facts giving rise to the issues aforesaid are not in serious dispute an