The Kerala Panchayat Raj (Regulation and Prohibition of Use of Public or Private Springs, Tanks, Wells and other Water Courses) Rules, 1996.

1. Short title and commencement.— 

(1) These rules may be called the Kerala Panchayat Raj (Regulation and Prohibition of Use of Public or Private Springs, Tanks, Wells and other Water Courses) Rules, 1996.

(2) They shall come into force at once.

2. Definitions. — In these rules, unless the context otherwise requires, —

(a) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(b) 'Panchayat' means a Village Panchayat constituted under clause (a) of sub-section
(1)of Section 4 of the Kerala Panchayat Raj Act, 1994 (13 of 1994);
(c)'Secretary' means the Secretary of the Village Panchayat;
(d)'Section' means a Section of the Act;
(e)Words and expressions used and not defined in these rules, but defined in the Act shall have the meaning respectively assigned to them in the Act.

3. Prohibition of Regulation of bathing of animals and washing of clothes etc. in public water courses, tanks etc.— The Panchayat shall have the power to regulate or prohibit the bathing of animals or washing of clothes or other articles or fishing in any public spring, tank, well or any public water course or part thereof within the Panchayat area for the protection of public health:

Provided that the Panchayat may set apart specially any public spring, tank, well or any other water course for the purpose of drinking, bathing, washing or for the bathing of animals.

4. Prohibition or Regulation of bathing of animals and washing of clothes etc. in private water courses, tanks etc.— The Panchayat shall have the power to regulate or prohibit the bathing of animals or washing of clothes or other articles in any private spring or tank or well or water course or part thereof within the Panchayat area, with the consent of the owner of such place.

* Published in Kerala Gazette (Extra) No. 1134 dt. 26-08-2001 as No. 48233/N1/1998/LSGD.

  1. Prohibition of use of water from any tank, well, spring etc., on grounds of public health. — The Panchayat shall, if it receives a certificate from the District Medical Officer of the Health Services Department or the officer authorised by him for this purpose or Assistant Engineer of the Kerala Water Authority, to the effect that the water from any tank, spring, well or other water course if used, is likely to cause contagious or other disease, have power to prohibit people from using water from such tank, spring, well or other water course to which they have access. Such prohibition shall be intimated to the public by notice and a copy of such notice shall be affixed in the notice board of the Panchayat and near the prohibited tank, spring, well or other water course, as the ease may be, in such a way that the public can see it.

     

  2. Protection of unhealthy Private tank or, well. — The Panchayat may, by notice, demand the owner or any person having control over any private water course, spring, tank, well or other place used for drinking, bathing, washing clothes or taking water, to protect it by conducting repair and to clean it by removing the diluvium, waste materials, vegetarian etc. and to protect it from being contaminated by surface drainage, in the manner as it may deem fit.

     

  3. Prohibition against use of public springs, tanks etc. for purposes other than for which they are set apart. — No person shall, if any public spring, tank, well or other water course has been set apart for any specific purpose as provided in Rule 3, use it for purposes other than for which they are set apart.

     

  4. Penalty for violation of rules. — Whoever violates the rules mentioned above or provisions of any orders, notice or other directions issued by the Panchayat under the said rules shall, on conviction, be subject to a fine not exceeding rupees two hundred for first violation and also be subject to an additional fine not exceeding rupees fifty for each day for continuing the violation.

     

  5. Authorisation of Secretary. — The Panchayat may authorise the Secretary to implement these rules and to take steps in accordance with these rules.

     

Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purpose.)

Clause (iii) of sub-section (2) of Section 254 of the Kerala Panchayat Raj Act, 1994 (13 of 1994) empowers the Government to make rules regarding the prohibition or regulation of use of any public spring, tank, well, water course or any private spring, tank, well, water course, with the consent of the owner set apart for specific purpose. Government have decided lo make rules for the purpose, Hence this Notification.