(1) If, on receipt of an application under sub-rule (I) of rule 17, which has not been referred to the Zilla Parishad under rule 28 or rule 29 as the case may be, a Gram Panchayat refuses to grant permission to the erection of any structure or building, an aggrieved person may prefer an appeal to the Block Development Officer and ex-officio Executive Officer of the Panchayat Samitiwithin ninety days from the date of communication of such order of refusal. The Block Development Officer and ex-officio Executive Officer of the Panchayat Samiti or any other officer not below the rank of Secretary of Panchayat Samiti, on being authorised, shall decide the matter after giving notice to the parties concerned and his decision in the matter shall be final.
(2) If, on receipt of an application under sub-rule (1) of rule 17, which has been referred to the Zilla Parishad under rule 28 or rule 29 as the case may be, a Gram Panchayat or aZilla Parishad as the case may be refuses to grant permission for the erection or construction of any structure or building, an aggrieved person may prefer an appeal to the Divisional Commissioner having jurisdiction within ninety days from the date of communication of the refusal to grant such permission. The Divisional Commissioner shall decide the matter after giving notice to the parties concerned and his decision in the matter shall be final:
Provided that if the Gram Panchayat fails to communicate its decision, whether in the affirmative or in the negative, within sixty days from the date of receiving the application, the applicant may prefer an appeal before the Block Development Officer and ex-officio Executive Officer of the Panchayat Samiti:
Provided further that while taking action under rule 28 or rule 29 as the case may be, the Gram Panchayat shall do so under intimation to the applicant.
CHAPTER V Disposal of appeal against the order of the Gram Panchayat regarding sanitation, ete.
39. Manner of disposal of appeal by the prescribed authority.When an appeal has been preferred under the proviso to sub-section (1) of section 24 or the proviso to sub-section (1) of section 26 or the proviso to sub-section (I) of section 27, the prescribed authority shall give at least 15 days' notice of the appeal to the Gram Panchayat before disposing of the same.
PART I] THE KOLKATA GAZETTE, EXTRAORDINARY, NOVEMBER 23, 2004 13
CHAPTER VI Joint Committee
40. Appointment of Joint Committee and its duties.----(1) Subject to the previous approval of the Panchayat Samiti or Samitis, two or more Gram Panchayats may combine to appoint a Joint Committee consisting of such representatives as mny be chosen by the respective Gram Panchayats for the purpose of transacting any business or carrying out any work in which they arejointly interested.
(2) TheGram Panchayats which combine to form a Joint Committee shall subscribe to a written instrument that shall be drawn up for this purpose. The Pradhan of each such Gram Panchayat shall sign the instrument.
(3) The written instrument, referred to in sub-rule (2), shall contain the following:-
(a) the specific purpose for' which the Joint Committee is formed and the conditions on which the Joint Committee may frame schemes binding on the constituent Gram Panchayats;
(b) the period for which the Joint Committee is to function;
(c) the number of members to be sent to theJoint Committeeby each of theGram Panchayats intending to form the Joint Committee and the term of office of such members;
(d) the financial and administrative powers, including thepower to supervise the construction of any joint work.
which the Joint Committee shall exercise;
(e) the power which thc constituent Gram Panchayats shall exercise in relation to any joint scheme.
(4) The Joint Committee shall, from time to time, make such report of progress of work to the constituent Gram Panchayats as may be required by them.
(S5) The constituent Gram Panchayats may frame or modify rules regarding the constitution of the Joint Committee and the term of office of the members thereof and the method of conducting business.
41. Manner of resolving the difference of opinion between the constituents Gram Panchayats.If any difference of opinion arises between the constituent Gram Panchayats forming the Joint Committee, it shall be referred to the Director ofPanchayats and Rural Development, and his decision thereon shall be final and binding on each of the constituentGram Panchayats.
CHAPTER VII Delegation of functions by Zilla Parishad and of financial powers by Gram Panchayat