Honble VERMA, J.—These two appeals raise questions Of vital importance for Hand Pump Mistries engaged in repairs and maintenance of hand-pumps through out the State of Rajasthan. By consent of all concerned, they have been heard together and are being disposed of by a common order.

(2). Potable water is the prime necessity for any human civilization to survive. Public Health Engineering Department (for short PHED) was initially charged with the duty of supplying neat and clean drinking water in the State. Hand Pumps were installed throughout the State for this purpose. These hand pumps were being repaired and maintained by the PHED. However, the PHED did not find it convenient and feasible to maintain and repair these hand pumps in the far flung rural areas. By virtue of Sec. 23 (2) of Raj. Panchayat Samitis and Zila Parishad Act, 1959 (for short the Act) read with entry 4 (iii) of the Schedule to the Act, provision of drinking water facilities was one of the functions with which Panchayat Samitis were charged. Eventually, repair and maintenance of hand pumps in the rural areas was entrusted to the care of Panchayat Samities. How this was done, we shall notice shortly.

(3) The Act by

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