Primary law, Tamil Nadu land law
Tamil Nadu Panchayats (Prohibition and Regulation of the Use of Public or Private Springs, Tanks, Wells) Rules, 1999
The Governor of Tamil Nadu issued the Tamil Nadu Panchayats (Prohibition and Regulation of the Use of Public or Private Springs, Tanks, Wells) Rules, 1999 through the Rural Development (C4) Department in G.O.Ms.No.158, dated 2nd August, 1999. The Rules empower Village Panchayats to regulate water sources for public health, restrict contamination and unsafe uses, and supersede the earlier rules relating to the prohibition and regulation of public or private springs, tanks and wells.
What the Rules govern
The Tamil Nadu Panchayats (Prohibition and Regulation of the Use of Public or Private Springs, Tanks, Wells) Rules, 1999 apply to springs, tanks, wells and water-courses within Village Panchayat areas. They allow action to protect public health and drinking water, including controls over washing, bathing, fishing, pollution and other uses.
Powers over public water sources
Under the Tamil Nadu Panchayats Rules, 1999, a Village Panchayat may regulate or prohibit washing animals, clothes or other articles, or fishing, in a public spring, tank, well or water-course. It may also reserve a place for drinking, bathing, washing animals, washing clothes or another specified purpose.
A Panchayat Union Council or District Panchayat may pass a specific resolution requesting a Village Panchayat to exercise this power.
Private water sources
For a private spring, tank, well or water-course, a Village Panchayat may exercise the powers concerning regulation, prohibition and setting apart places with the owner's consent.
The Village Panchayat may also regulate or prohibit washing animals, clothes or other articles, or fishing, in a private water source from which the public has a right to take drinking water. Owners and occupiers may therefore be affected where a private source serves public drinking needs.
Public health notices
The Executive Authority of a Village Panchayat may prohibit the use of a water source accessible to the public after receiving a certificate from a Medical Officer employed by the Government, Village Panchayat, Panchayat Union or District Panchayat. The certificate must state that the water is likely to endanger health or spread a dangerous disease.
The notice must state how many days the prohibition will last. It may be publicised by affixing a copy near the water source or by beat of drum. The Executive Authority may later extend or modify it without another certificate.
Prohibited conduct and penalties
At places reserved for drinking, bathing or washing, the Tamil Nadu Panchayats Rules, 1999 prohibit conduct including:
- Bathing in or defiling drinking water.
- Depositing offensive or harmful matter near protected water sources.
- Washing clothes, animals, cooking utensils, wool, skins or foul substances in prohibited places.
- Allowing sewage, drainage, factory effluent or other offensive matter from a building or land to enter a protected source.
A breach may attract a fine of up to one hundred rupees. A continuing breach after conviction may attract a further fine of up to fifteen rupees for each day. Before punishment, the Village Panchayat must allow a written defence and provide a hearing.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a Village Panchayat control the use of my private well?
A Village Panchayat may exercise its general regulatory powers over a private well with the owner's consent. It may also regulate or prohibit specified activities where the public has a right to take drinking water from that well.
Can a Village Panchayat temporarily stop people from using contaminated water?
Yes. After receiving the required Medical Officer's certificate, the Executive Authority may issue a public notice prohibiting use of a publicly accessible water source for a stated number of days.
Can wastewater from my property be discharged into a protected water source?
No. Water from a sink, sewer, drain, engine or boiler, and offensive matter or effluent from a building, land or factory, must not be allowed to enter a place reserved for drinking, bathing or washing clothes.
Will I get a chance to respond before a penalty is imposed?
Yes. The Village Panchayat must provide an adequate opportunity to submit a written defence and must give a hearing before passing an order of punishment.
