(1) A Gram Panchayat may, by written notice, require the owner or occupier of any land or premises, containing a tank or similar deposit of water, after taking into consideration his financial position, not to allow water hyacinth or any other weed which may pollute water to grow thereon and to eradicate the same therefrom within such reasonable period as may be specified in the notice.
Provided that a person on 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 and it 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 the order contained in a notice served as aforesaid has not been set aside by the prescribed authority and if the owner or occupier upon whom the notice has been served fails, without sufficient reason, to comply with the order in its original form or the order as modified by the prescribed authority, within the time as specified in the notice or within the time fixed by the preseribed authority, as the case may be, he shall be liable, on conviction by a Magistrate, to a fine which may extend to two hundred rupees.
40. In the event of an outbreak of cholera or any other water borne infectious disease in any locality situated within the local limits of the jurisdiction of a Gram Panchayat, the Pradhan, the Upa-Pradhan or any other person authorised by the Pradhan may, during the continuance of the outbreak, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, Power of Gram Panchayat to prevent growth of water hyacinth or other weed which may pollute water Emergent power on out-break of epidemic 38 taken for the purpose drinking and may further take such steps as he may deem fit to prevent the drawing of water therefrom.
41. If any work required to be done by an order contained in a notice served under Sections 36, 37, 38, 39 and 40 is not executed within the period specified in the notice or where an appeal is made to the prescribed authority within the fresh period as fixed as the prescribed authority in the appeal, the Gram Panchayat may, in the absence of satisfactory grounds for non- compliance, cause work to be carried out and the cost of carrying out such work shall be recoverable as an arrear of land revenue from the person on whom the notice was served.