LawgistThe Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act
53Qualifications for appointment as Presiding Officer
(1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,--
(a) he is or has been a District Judge; or
(b) he is a qualified legal practitioner for not less than seven years.
(2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established.
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All sections
- 1 Short title, extent and commencement
- 2 Application of Act
- 3 Definitions
- 4 Preparation of Social Impact Assessment study
- 5 Public hearing for Social Impact Assessment
- 6 Publication of Social Impact Assessment study
- 7 Appraisal of Social Impact Assessment report by an Expert Group
- 8 Examination of proposals for land acquisition and Social Impact Assessment report by appropriate Government
- 9 Exemption from Social Impact Assessment
- 10 Special provision to safeguard food security
- 11 Publication of preliminary notification and power of officers thereupon
- 12 Preliminary survey of land and power of officers to carry out survey
- 13 Payment for damage
- 14 Lapse of Social Impact Assessment report
- 15 Hearing of objections
- 16 Preparation of Rehabilitation and Resettlement Scheme by the Administrator
- 17 Review of the Rehabilitation and Resettlement Scheme
- 18 Approved Rehabilitation and Resettlement Scheme to be made public
- 19 Publication of declaration and summary of Rehabilitation and Resettlement
- 20 Land to be marked out, measured and planned including marking of specific areas
- 21 Notice to persons interested
- 22 Power to require and enforce the making of statements as to names and interests
- 23 Enquiry and land acquisition award by Collector
- 24 Land acquisition process under Act No. 1 of 1984 shall be deemed to have lapsed in certain cases
- 25 Period within which an award shall be made
- 26 Determination of market value of land by Collector
- 27 Determination of amount of compensation
- 28 Parameters to be considered by Collector in determination of award
- 29 Determination of value of things attached to land or building
- 30 Award of solatium
- 31 Rehabilitation and Resettlement Award for affected families by Collector
- 32 Provision of infrastructural amenities in resettlement area
- 33 Corrections to awards by Collector
- 34 Adjournment of enquiry
- 35 Power to summon and enforce attendance of witnesses and production of documents
- 36 Power to call for records, etc
- 37 Awards of Collector when to be final
- 38 Power to take possession of land to be acquired
- 39 Additional compensation in case of multiple displacements
- 40 Special powers in case of urgency to acquire land in certain cases
- 41 Special provisions for Scheduled Castes and Scheduled Tribes
- 42 Reservation and other benefits
- 43 Appointment of Administrator
- 44 Commissioner for rehabilitation and resettlement
- 45 Rehabilitation and resettlement committee at project level
- 46 Provisions relating to rehabilitation and resettlement to apply in case of certain persons other than specified persons
- 47 Quantification and deposit of rehabilitation and resettlement amount
- 48 Establishment of National Monitoring Committee for rehabilitation and resettlement
- 49 Reporting requirements
- 50 Establishment of State Monitoring Committee for rehabilitation and resettlement
- 51 Establishment of Land Acquisition, Rehabilitation and Resettlement Authority
- 52 Composition of Authority
- 53 Qualifications for appointment as Presiding Officer
- 54 Terms of office of Presiding Officer
- 55 Staff of Authority
- 56 Salary and allowances and other terms and conditions of service of Presiding Officers
- 57 Filling up of vacancies
- 58 Resignation and removal
- 59 Orders constituting Authority to be final and not to invalidate its proceedings
- 60 Powers of Authority and procedure before it
- 61 Proceedings before Authority to be judicial proceedings
- 62 Members and officers of Authority to be public servants
- 63 Jurisdiction of civil courts barred
- 64 Reference to Authority
- 65 Collector‘s statement to Authority
- 66 Service of notice by Authority
- 67 Restriction on scope of proceedings
- 68 Proceedings to be in public
- 69 Determination of award by Authority
- 70 Form of award
- 71 Costs
- 72 Collector may be directed to pay interest on excess compensation
- 73 Re-determination of amount of compensation on the basis of the award of the Authority
- 74 Appeal to High Court
- 75 Particulars of apportionment to be specified
- 76 Dispute as to apportionment
- 77 Payment of compensation or deposit of same in Authority
- 78 Investment of money deposited in respect of lands belonging to person incompetent to alienat
- 79 Investment of money deposited in other cases
- 80 Payment of interest
- 81 Temporary occupation of waste or arable land, procedure when difference as to compensation exist
- 82 Power to enter and take possession and compensation on restoration
- 83 Difference as to condition of land
- 84 Punishment for false information, mala fide action, etc
- 85 Penalty for contravention of provisions of Act
- 86 Offences by companies
- 87 Offences by Government departments
- 88 Cognizance of offences by court
- 89 Offences to be non-cognizable
- 90 Offences to be cognizable only on complaint filed by certain persons
- 91 Magistrate to enforce surrender
- 92 Service of notice
- 93 Completion of acquisition not compulsory, but compensation to be awarded when not completed
- 94 Acquisition of part of house or building
- 95 Acquisition of land at cost of a local authority or Requiring Body
- 96 Exemption from income-tax, stamp duty and fees
- 97 Acceptance of certified copy as evidence
- 98 Notice in case of suits for anything done in pursuance of Act
- 99 No change of purpose to be allowed
- 100 No change of ownership without permission to be allowed
- 101 Return of unutilised land
- 102 Difference in price of land when transferred for higher consideration to be shared
- 103 Provisions to be in addition to existing laws
- 104 Option of appropriate Government to lease
- 105 Provisions of this Act not to apply in certain cases or to apply with certain modifications
- 106 Power to amend Schedule
- 107 Power of State Legislatures to enact any law more beneficial to affected families
- 108 Option to affected families to avail better compensation and rehabilitation and resettlement
- 109 Power of appropriate Government to make rules
- 110 Rules made by Central Government to be laid before Parliament
- 111 Rules made by State Government to be laid before State Legislature
- 112 Previous publication of rules made by Central and State Government
- 113 Power to remove difficulties
- 114 Repeal and saving
