 the water (prevention and control of pollution) amendment bill, 1978 l-to be/as introduced in ink sabha 71 - page 3, line 7,-after "shall" insert 'f'be " 2 page 3, line 9,-m§ert ''be n after " sh floll " new delhi; july 2!), 1978 as adh a 29, 1900 (saka)  bill no 109 of 1978 the water (prevention and control of pollution) amendment bill, 1978a i ' • , bill to amend the water (prevention and control of pohutton) act, 1974 whereas, in pursuance of clause (1) of a'l'ticle 252 of the constitution, the water (prevention and control of pollution) act, 1974, had been passed by parliament; , l  '" "_, :, and whereas from the practical experience gained in the working of s the aforesaid act it is considered necessary to make certain amendments thereto; and whereas, in pursuance of clause (1) of article 252 of the constitution read with clause (2) thereof, resolutions have been passed by the legislative assemblies of the states of assam, haryana and west beneal 10 to the effect that the said act should be amended by an act of parliament for the purposes hereinafter appearing be it enacted by parliament in the twenty-ninth year of the republic of india as follows:-1 (1) this act may be called the water (prevention and control of shot1  is pollution) amendment act, 1978 ~~:~~~~ a'lld cornrnencemen\ (2) it applies, in the first instance, to the whole of the states of assam, haryana and west bengal and the union territories; and it shall apply to uch other state which adopts this act by resolution passed in that , behau-,under clause (1) of article 252 of the constitution read with claus (2) thereof ! (3) it shall come into force, at once in the states of assam, haa:-yana and west bengal and the union territories, and in any other state which adopts this act under clause (1) of article 252 of the constitution read s with clause (2) thereof on the date of sucn adoption and any reference in section 22 of this act to the commencement of this act shall, in relation to any state or union territory, mean the date on which this act comes into force in such state 'or union territory z in section 2 of the water (prevention and control of pollution) act, 10 1974 (hereinafter referred to as the principal act) ,-6 of lw1t amendment of iection 2 (a) after clause (d), the followin,g clause shall be inserted, namely:-'(dd) "outlet" includes any conduit pipe or channel, open o~ closed, carrying sewage or trade effluent or any other holding is arrangement which causes, or is likely to cause, pollution;'; (b) after clause (g), the following clause shall be inserted, namely:-'(gg) "sewer" means any conduit pipe or channel, open or closed, can}'ing sewage or trade effluent;' 20 3 in section 3 of the principal act, in sub-section (2) ,-amendment of section 3 (a) in clause (a), for the words "matters relating to the use and conservation of wa~er resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted; 25 (b) in clause (b), for the words "five officials", the words "such number of officials, not exceeding five," shall be substituted; (c) in clause (d), for the words "three non-officials", the words "such number of non-ofticials, not exceeding three," shall be substi-~; ~ (d) in clause (1), for the words "and having administrative experience", the words "and having practical experience in respect of matters relating to environmental protection" shall be substhuted , 4 in section 4 of the principal act,-amendment of iht10n 4 (a) in subsection (1), the brackets and words "(being a date 35 not later than six months of the commencement of this act in the state)" shall be omitted and shall be deemed always to have been omitted; (b) in sub~tion (2),-(i) in clause (a),-(1) the word "full-time" shall be omitted; (2) for the words iimatters relating to the use and codiic!!i'-vation of water resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted; 41 t: ' ; (3) the following proviso shall be inserted at the end, namely:-"provided that the chairman may be either wholetime or part-time as the state government may think fit;"; (ii) in clause (b), for the w()jl'ds "five officials", the words "such number of officials, not exceeding five," shall substituted; (iii) in clause (c), for the words "five persons", the words "such number of persons, not exceeding five," shall substituted: 10 (iv) in clause (d), for the words "three non-ofllcials", the words "such number of non-officials, not exceeding three," shall be substituted; (v) in clause (f), for the words "and having administrative experience", the words "and having practical experience in is matters relating to environmental protection" shall be substit1ted 6 in section 5 of the principal act,-am_dment of (a) for sub-section (2), the following sub-section shall be substieection e, tuted, namely:-20 2s "(2) the term of office of a member of a board nominated under clause (b) or clause (e) of sub-section (2) of-section 3 or clause (b) or clause (e) of sub-section (2) of sectilon 4 shall come to an end as soon as he ceases to lioyd the office under the central government or the state government or, as the case may be, the company or corporation owned, controlled or managed by the central government or the state government, by virtue of which he was nominated"; (b) in sub-section (5), for the words, brackets, letters and figures "or where he is nominated under clause (c) of sub-section (2) of section 3 or under clause (c) of sub-section (2) of section 4, if he 30 ceases to be a member of the state board, or as the case may be, of the local authority", the following shall be substituted, namely:-"or where he is nominated under clause (c) or clause (e) of sub-secti':m (2) of section 3 or under clause (c) or clause (e) of sub-section (2) of section 4, if he ceases to be a member of the 3s state board or of the local authority or, as the case may be, of tlie company or corpcli'ation owned, controlled or managed by the central government or the state government and such vacation of seat shall, in either case, take effect from such date as the central government or, as the case may be, the state government 40 may, by notification in the official gazette, specify" 6 in section 10 of the principal act, after sub-section (2), the follow· amed ing sub-section shall be inserted, namely: -ment of l8ct1on 10 "(3) a person associated with the board under sub-section (1) for any purpose shall be paid such fees and allowances, for attending 4' its meetings and for attending to any ·other work of the ljoard ~ pj8r b~ nresoribed"  --_ r '1 after section 11 of the principal act, the following section shall be inserted, namely:-"lla the chairman of a board shall exercise such powers and perform such duties as may be prescribed or as may, from time to time, be delegated to him by the boa'l'"d"  8 in section 12 of the principal act,-inmrtloa 01 aew etioft lla delegl tion of power to chairmaa amerdlilert of iection 12 (a) in sub-section (3), the words "and the rules so made may provide for the salaries and allowances and other terms and conditions of service of such officers and employ~s" shall be omitted; (b) after sub-section (3), the following sub-section shall be 10 inserted, namely:-"(3a) the method of recruitment and the terms and conditions of service (including the scales of pay) of the officers (other than the member-secretary) and other employees of the central board or a state board shall be such as may be determined by 15 regulations made by the central board or, as the case may be, by the state board: -provided that no regulation made under this sub-section shall take effect unless,-(a) in the case of a regulation made by the central 20 board, it is approved by the central government; and i: (b) in the case of a regulation made by a state- board, it is approved by the state government" 9 in section 14 of the principal act,-amend_ ment of 8ection 14 (a) in sub-section (1) ,-(i) in clause (a) for the words "matters relating to the use and conservation of water resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted; -(ii) in clause (f), for the words "and having administrative 30  experience", the w'::>rds "and having practical experience in respect of matters relating to environmental protection" shall be substituted; (b) in sub-section (2) ,-(i) in clause (a), for the words "matters rela~ing to the use 3s and conservation of water resources or the prevention and control of water pollution", the words "matters relating to environmental protection" shall be substituted; (ii) in clause (f), for the words "and having administrative experience", the words "and having practical experience in 40 i'8ip8ct of matter re1a~8 ~~ 'ijvi,,~~tal ~rotoci1~n" ~jwl ~ mt~tv~~  ,, - 't ie in section ~1 of the principal act, for 8ub-section (4) i the follow-amend !ng sub-section shall be substituted, namely:-ment of liectiol'l 21 u (4) when :1 sample of any sewage or trade affluent is taken for analysis unde: sub-sectfon (1) and the person taking the sample 5 serves on the occupier or his agent, a notice under clause (a) of subsection (3) and the occupier or his agent wilfully absents himself, then,-(a) the sample so taken shall be placed in a container which shall be marked and sealed and shall also be signed by the 10 person taking the sample and 'the same shall be sent forthwith by ~l1ch person for analysis to the laboratory referred to in subc~lause (i) or sub-clause (ii), as the case may be, of clause (e) of sub-£ection (1) and such );erson shall inform the government analyst c:ppointed und~ su~ectjon (1) or sub-section (2), as 15 the case may be, of section 53, in writing about the wilful absence of the ccmlpier or his agent: and (1) the cost incurred in getting such sample analysed shall be payable by the occupier or his agent and in case of default of such payment, the same sh311 be recoverable from the occu-20 pier or his agent, as the case mfly be, as an arrear of land revenue or of publk deman:d:' piovided that no such recovery shall be made unless the occupier or, as the case may be, his agent has been given a reasonable opportunity of being heard in the matter  5 of 1898 2 of 1974 11 in :;ection 23 of the principal act, in sulb-section (2),-amelul ment of (0) for 'the worde:; and figun~r, "the code of criminal procedure, section 21 11/1;;", the words and figures "the code of criminal procedur~, ] 978" shu 11 be rubstituted; (b) for the word and fi'gures "section 98", the word and figures 30 "section 94" shall be substituted 12 in section 25 of 'the principal act,-amend ment of section 25 (a) in sub· section (1), fo!" the words "stream or weu" at b,tb the places where they occur, the words "stream or well or sewer or on land" shall be substituted; 35 (/i) in sub-section (2), after the words, brackets and fi~tlre "under sub-section (1) ", the words "shah be accompanied with such fees as may be prescribed and" lilian be :inserted; (c) in su~tion (4), in clause (a), for the words ··stream or well", the words "stream or well or sewer or on land" shall be substituted; (d) in sub-section (5), for the words ··stream or well", the werds "~trf'am ot well or sewer or on land" shall be substitl1~ed 13 in ~ction 26 of the principal act,- amend_ ment of ca) for the wordt "itnam or well", the wwdt ""am or well ,,~ioq~, pr ewer or em lam" ball be jubttttutldj (b) for the words "shall be made within' a pertod of three months of the constitution of the state board", the words "shall be made on or before such da'te as m~y be ~ by the state govcrnmtmt by nctiftcation in this beha1f in the official ga7el1;e" shall be f'ubstituted s 14 in section 27 of the principal act, for sub-section (2), the following sub-section ~hau be substituted, namely:-amencl ment of section 27 "(2) a state ~board may from time to time review-('1) any conditioo imposed under seeuon 25 (other than 01 ('ondition to be satisfied before: an outlet is brought into use or 10 a new di~charge is made), or section 26 and may ilervl? on the person ll~ing the outlet or making the discharge, as the case may be, a notice, making any reasonable variation of or revoking any such condition; (i» the refusal of any c'(ld',ent referred to in sub-section (1) is (if section 25 or section 26 or the grant of wch consent withcut any condition, and may make such orders as it deems fit" 1;' tn stdion 2c of the principal act, for sub-section (2), the following sub-section shall be substituted, dvj'!'iely:-:-amend_ ment of section 28 "(2) an appellate authority shan consist of a single person or 20 three persons, as the state government may'think fit, to be appoint  ed by that government" ]6 in section 36 of the principal act,-amend_ ment of p~tion 38 (a) in sub-section (1), after the word "benefactions", the ", fees" shall be inserted; word 2s (b) in sub-section (2), after the worth "under this act", the words "and, where any law for the time being in force relating to the prevention, control or abatement of air pouution provides for the performance of any function under such law by the central board, also for perf:,~ming its functions under such law" shall be inserted 30 17 in section ~--: of the principal act,-amend_ ment of section 37 (a) in si;' _~:!ction (1), after the word "benefactions", the word ", fees" shall 1:! inserted; (b) in sulhlection (2), after the words "under this act", the worps "and, where any law for the time being in force relating to 3s the prevention, control or abatement of air pollution provides for the performanoe of any function: under such ilaw by the state board, also for performing its functions under such law" shall be inserted , 18 in section 39 of the principal act, in sub-section (1), for the words "six months", the words "nine months" shall be substituted 40 amend_ ment of f:ection 39 ii in section 49 of the principal act,-amend_ ment of ~ion49 (a) in sub-section (1), for the words "presidency magistrate or a magistrate" the words "metropolltan ~asiltrate or a jucijcjll l4ap~," shall ~ 'lubtut"ted;    (h) in sub-section (2) ,-(i) for the words and figures "section 32 of the code o~ criminal procedure, 1898", the words and figures "section 29 of the code of criminal procedure, 1973" shall be substituted; 5 (ii) for the words "magistrate of the first class or for any presidency magistrate", the words "judicial magistrate of the first class or for any metropolitan magistrate" shall be substituted 20 in section 63 of the principal act,-amend_ ment of 10 (a) in sub-section (2) ,-~ection 63 (i) for clause (d), the following clause shall be substituted, name1y:-15 "(d) the manner in which and the purposes for whicl1 persons may be nssociated with the central board under sub-section (1) of section 10 and the fees and allowancet>l payable to such persons;"; (ii) clauses (h) and (i) shall be omitted; (b) dn sub-section (3), for the words "before the expiry of the session in which it is so laid or the successive sessions, aforesaid", 20 the words "before the expiry of the session immediately following the session or the successive sessions aforesaid" shall be substituted 21 in section 64 of the principal act, in clause (d) of sub-section amend-(2), the words "and the fees and allowances payable to such persons" ment of shall be inserted at the end section 64 25 22 notwithstanding anything contained in section 4 of the principal valida-act, as it stood immediately before the commencement of this act, every tion state board for the prevention and control of water pollution constituted under that section after the expiry of a period of six months of the commencement af the principal act in the state concerned, shall be deemed 30 to have been validly constituted and accordingly anything done or any action :taken by such s'utte board before the commeilicement of this act shall be deemed to have been validly done or taken and no such thing or action shall be called in question in any court merely on the ground that s\l('h state board was corstituted after the expiry of the 35 period specified therefor under the said section 4  statement of objects and reasonsin the process of implementation of the water (prevention and control of pollu'tion) act, 1974, in various states, certain drawbacks have come to the notice of the government and consequently it has become necessary to make certain amendments in the act 2 section 4 of the act requires that those state governments which have adopted the act should set up the state boards within six months from the date of adoption one of the fifteen states which have so far adopted the act, has not set ltp the state board within this time limit it has been felt that the prescribed time limit of six months for constitution of the state boards may be done away with further, it has come to the notice of the government that some state governments have set up the state boards after the prescribed time limit of six months it is, therefore, necessary to regularise the setting up of these boards and also the action of the state boards constituted after the prescribed time limit of six months 3 moreover, certain states are finding it difficult to provide a full-time chairman for the state boards it is, therefore, proposed to amend the act to provide for the appointment of a chairman of the state board either on full-time or on part-time, depending on the specific situation and as the state government thinks fit 4 it is felt that there should be an integrated approach for tackling the water and air pollution problem it is, therefore, proposed that the existing boards for the prevention and control of water pollution should also be authorised to perform functions relating to the prevention, control and abatement of air pollution the government have already introduced a bill, namely, the air (prevention and control of pollution) bill, 1978, in the lok sabha on the 17th april, 197'8 it has thus become necessary to authorise the central board and the state boards for the prevention and control of water pollution to spend from their funds for performing functions relating to prevention, control and abatement of air pollution also 5 in addition, certain other minor amendments are also proposed in the bill new delm; -=t~he---'-'12th july, 1978 slkander bakht  financial memorandumclause 16 of the bill empowers the central board for the prevention and control of water pollution to expend its funds also on the activities connected with the prevention, control or abatement of air pollution it is estimated that the total expenditure on this account shall be rs 1076 lakhs out of this amount, the recurring expenditure shall be to the extent of rs 573 lakhs and the balance shall be non-recurring expenditure eyen this expenditure may be off-set by the revenue expected from the water (prevention and control of pollution) cess act, 1977  memorandum regarding delegated legislationby clause 8 a new sub-section (3a) is being inserted in section 12 of tile act empowering the central board or, as the case may be, state board to make regulations in respect of the method of recruit11)ent and the terms and conditions of service (including scates of pay) offthe officers (other than the member-secretary) and other employees of the central board or, 88 the case may be, state boatd 2 clause 20 and clause 21 of the bill seek to amend section 63 and section 64 respectively these amendments empower the central government and the state governments to make rules with respect to the fees and allowances payable to the persons who are associated with the central board and the state boards respectively 3 the matters in relation to which tegulations or rules which:;may be made are matters of procedure and administrative detail and, as such, the delegation of legislative power is of a normal character  act, 1974(6 of 1974) - - - - - definitions  z in this act, unless the context otherwise requires,-- - 3 (1) - - - - - - - - consist of the following members, (2) the central board shall namely:-constitu_ tion of central boards (a) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to the use and conservation of water resources or the prevention and control of water pollution or a pe'l'son having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the central government; (b) five officials to be nominated by the central government to represent that government; - - - - - (d) three non-officials to be nominated by the central government, to represent the interests' of agriculture, fishery or industry or trade or any ·other interest which, in the opinion of the central government, ought to be represented; - - - - - (f) a full-time member-secretary qualified in public health "nlzineering and having administrative experience, to be appointed by the central government - - - -  constituhon of state board • 4 (1) the state government shall with effect from such date (being a date not later than six months of the commencement of this act in the state) as it may by notification in the official ga!ettp appoint, c·onstitute a state board, under such name as may be specified in the notification, to exercise the powers conferred on and perform the functions assigned to that board under this act (2) a state board shall consist of the following members, namely: - (a) a fuu-time chairman, being a person having special kn()wledge or practical experience in respect of matters relating tn the use and conservation of water resources or the prevention and <:ontro! of water pollution or a person having lmowledge and ,-j ii ~ experience in administering institutions dealing with the matters aforesaid, to be nominated by the state government; (b) five officials to be nominated by the state government to represent that government; (c) five persons to be nominated by the state government from amongst the members of the local authorities functioning within the state; (d) three non-officials to be nominated by the state government to represent the interests of agriculture, fishery or industry or trade or any other interest which, in the opinion of the state government, ought to be represented; , '" '"  '"  (f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the state government  '"  '" - '" 5 (1)                                                                                                                                                                              '"                                                                                           terms nnd condi tions at t¥ervice of members     (2) the term of office of a member ,of a board nominated under clause (b) of sub-section (2) of section 3 or clause (b) of sub-section (2) of section 4 shall come to an end as soon as he ceases to hold the office under the central government or, as the case may be, the state government, by virtue of which he was nominated                                                                                                                                                                                                                                                                                                                                                                                                                        (5) a member of a board, other than the member-secretary, shall be deemed to have vacated his seat if he is absent without reason, sufficient in the opinion of the board, from three consecutive meetings ,,£ the board, or where he is nominated under clause (c) of sub-section (2) of section 3 or under clause (c) of su1:)-section (2) of section 4, if he ceaset:; to be a member of the state' board, or as the case may be, of the local authority                                                                       i '':'iif'                                          '"                                                                                  '"                                                                                                                           '"                                                                                                                                                                    12 (1)                                                                                                                                                                                                                                        - member secretary and oftl cen and other emplo yees of board     (3) subject to such rules as may be made by the central govern-ment or, as the case may ~, the state government in this behalf, a board may appoint such om~ers and employees as it considers necessary for the efficient perfonnance of its functions and the rules so ma4e may provide for the salaries and allowances and other terms and conditions of service of such officers and employees                   -                                                                                  -                                                                                                                                                 14 (1) a joint board constituted in pursuance of an agreement entered into under clause (a) of sub-section (1) of section 13 shall consist of the following members, namely:-composi_ tion of joint boards (a) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to the use and conservation of water resources or the prevention and control of water pollution or a person having knowledge and experience in administering institutions dealing with the matters aforesaid, to be nominated by the central government; - - - - - <f) a full-time member-secretary qualified in public health engineering and having administrative experience, to be appointed by the central government (2) a joint board constituted in pursuance of an agreement entered into under clause (b) of sub-section !1) of section 13 shall consist of the following members, namely:-(a) a full-time chairman, being a person having special knowledge or practical experience in respect of matters relating to the 'use and conservation of water resources or the prevention and control of water pollution or a person having knowledge and experience in administering instituti'ons dealing with the matters aforesaid, to be nominated by the central government; - - - -  (f> a full-time membel'-secretary qualified in public health engineering and having administrative experience, to be appointed by the central government - - - - - - - - - - 21 (1) power (4) when a sample of any sewage or trade effluent is taken for to take analysis under sub-section (1) and the person taking the sample serves samples of effluents on the occupier or his agent, a notice under clause (a) of sub-section and pro_ (3) and the occupier or his agent wilfully absents himself, then, the cedure sample 51:> taken shall be placed in a container which shall be marked to be and sealed and shall also be signed by the person taking the sample followed and th~ same shall be sent forthwith by such person for analysis to the ~:c~f:~ laboratory referred to in sub-clause (i) or sub-clause (ii) , as the case there_ may be, of clause (e) of subl-secfion (3), and such person shall inform with the government analyst appointed under sub-section (1) or subsection (2), as the case may be, of section 53, in writing about the wilful absence of the occupier or his agent  - - - - 23 (1) - - - - - 5 of 1898 (2) the provisions of the code of criminal procedure, 1898, or, in relation to the state of jammu and kashmir the provisions of anv corresponding law in force in that state, shall, so far as may be, apply power of entt-yand :nspec_  tion - to any search or seizure under this section as they apply to any search or seizlu'e made under the authority of a warrant issued under section 98 of the' said code, or, as the case may be, under the corresponding provisions of the said law -  - - - 25 (1) subject to the provisions of this section no person shall, without the previous consent of the state board, bring into use any new or altered outlet for the discharge of sewage or trade effluent into a stream or well or begin to make any new discharie of sewage or trade effluent into a stream or well "riclions on new out_ lets and new dis_ charges (2) an application for consent of the state board under subsection (1) shall be made in the prescribed f,orm and shall contain particulars regarding the proposed construction, installation or operation of the industrial or commercial establishment or of any treatment and disposal system or of any extension ':jr addition thereto and such other particulars as may be prescribed: - - - - - (4) the state board may grant its consent referred to in subsection (1), subject to such conditions as it may impose, being-(a) in the case of a new or eltered outlet, conditions as to the p:>int of discharge into the stream or well or the construction of the outlet, or as to the use of that ~utlet or any other outlet for sewage or trade effluent from the same land or premises; and - - - - - (5) where, without the consent of the state board, a new or altered outlet is bj:'lought into use for the discharge of sewage or trade effluent into a stream or well or a new discharge of sewage or trade effluent is made, the state board may serve on the person using the outlet or making the discharge, as the case may be, a notice imposing any such conditions as it might have imposed on an application for its consent in respect to such outlet or discharge - - - - - provision regarding e·xisting discharge of sewage or trade effluent 26 where immediately before the commencement of this act any person was discharging any sewage or trade effluent into a stream or well, the provisions 01 secti<:m 25 shall, so far as may be, apply in relation to such person as they apply in relation to the person referred to in that section subject to the modification that the application for consent to be made under sub-seoctbn (2) of that section shall be made within a period of three months of the constitution of the state board rr (1)               -                              -                                             -                                                            -                                                                           - refusal or with-drawalof consent by state board    (2) a state board may from time to time review any condition imposed under section 25 (other than a o:mdition to be satisfied before an outlet is brought into use or a new discharge is made), or under section 26 and may serve on the person using the outlet or making the djschar~' as the case may be, a notice, making any reasonable variation of or rev,oking -any such condition                                  -                                                       - 28 (1)· - - - - (2) an appellate authority shall consist of three persons  - - - - - | fund    ||---------|| central || board  |36 (1) the central board shall have its own fund, and all sums which may, from time to time, be paid to it by the central government and all other receipts (by way of gifts, grants, donations, benefactions or otherwise) of that board shall be carried to the fund of the board and all payments by the board shall be made therefrom (2) the central board may expend such sums as it thinks fit for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund of that board fund of state board 37 (1) the state board shall have its own fund, and the sums which may, from time to time, be paid to it by the state government and all other receipts (by way of gifts, grants, donations, benefactions or otherwise) of that board shall be carried to the fund of the board and all payments by the board shall be made therefrom (2) the state board may exp~nd such sums as it thinks ftt for performing its functions under this act, and such sums shall be treated as expenditure payable out of the fund· of that board - - - - - annual report 39 (1) the central board shall during each financial year, prepare, in such form and at such time as may be prescribed, an annual report giving a true and full account of its activities during the previous financial year and copies thereof shall be forwarded to the central government and that govemm~nt shall cause every such report to be laid before both houses of parliament within six months ot the date on which it is received by that government - - - - - 49 (1) no court shall take cognizance of any offence under this act cognizance except on a complaint made by, or with the previous sanction in writof oft'ences ing of the state board, and no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this act 5 of 1898 (2) notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any magistrate of the first class or for any presidency magistrate to pass a sentence of imprisonment for a term exceeding two years or of ftne exceeding two thousand rupees on any person convicted of an offence punishable under this act - - - - •• 63 (1) - - - - : power of central govern_ ment to make rul- (2) in particular, and without prejudice to the generality of the fooegoing power, such rules may provide for all or any of the following matters, namely:-- - - (d) the manner in which and the purposes for which persons may be associated with a board under sub-section (1) of section 10;     - (h) the prohibition or regulation of bathing in any 8b:'eam or well or the washing or cleaning therein of things of any class or description, or the putting of mter or 'other objectionable matter, whether poisonous, noxious or polluting or not into any streihn or well; (i) the prohibition or regulauon of the keeping or use, on any stream, of vessels provided with sanitary appliances from which polluting matter passes into the stream; - - - - - (3) every rule made by the central gwernment under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session ot in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have erect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule 64 (1) - - - - - power of state government to make rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- - - - - (d) the manner in which and the purposes for which persons may be associated with the state board under sub-section (1) of section 10; - - - - - a bill to amend the water (prevention and control of pollution) act, 1974 (shri sikandar bakht, minister of works and                          housing and supply and rehabilitation) 