38. Power of Gram Panchayat in respect of polluted private water-supply.
(1)A Gram Panchayat may, by written notice, require the owner of, or the person having control over, a private water-course, spring, tank, well, or other place, the water of which is used for drinking or culinary purpose, after taking into consideration his financial position, to take all or any of the following steps within a reasonable period to be specified in such notice, namely:-(a)to keep and maintain the same in good repair;(b)to clean the same, from time to time of silt, refuse or decaying vegetation;(c)to protect it from pollution; and(d)to prevent its use, if it has become so polluted as to be prejudicial to public health :Provided that a person upon whom a notice as aforesaid has been served may, within thirty days from the date of receipt of the notice, appeal to the prescribed authority against the order contained in the notice whereupon the prescribed authority may stay the operation of the order contained in the notice till the disposal of the appeal and it may, after giving such notice of the appeal to the Gram Panchayat concerned as may be prescribed, modify, set aside or confirm the order :Provided further that the prescribed authority shall, when it confirms or modifies the order contained in the notice after the expiry of the period mentioned therein, fix a fresh period within which the order contained in the notice, as confirmed or modified by it, shall be carried out.(2)If any person upon whom a notice has been served as aforesaid and which has not been set aside by the prescribed authority fails, without sufficient reason, to comply with the order contained in the notice or the order as modified by the prescribed authority, within the time specified in the notice or within the time fixed by the prescribed authority, as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to twenty-five rupees.
