Sections 106 and 107 of Land Acquisition Act 2013: Power to Amend Schedules and Beneficial State Laws
Sections 106 and 107 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deal with two protective legislative powers. Section 106 permits the Central Government to amend or alter the Schedules, but prohibits reduction of compensation or dilution of rehabilitation and resettlement protections. Section 107 preserves the power of a State to enact a law giving affected families higher compensation or more beneficial rehabilitation and resettlement entitlements.
Section 106 - Power to Amend Schedule
Section 106 authorises the Central Government, by notification, to amend or alter any Schedule to the Act. The power is expressly limited: compensation cannot be reduced and the provisions relating to compensation or rehabilitation and resettlement cannot be diluted.
Section 106 - Provision
Sub-section (1): The Central Government may by notification amend or alter the Schedules, subject to the statutory prohibition against reducing compensation or diluting compensation, rehabilitation or resettlement protections.
Sub-section (2): A proposed notification must be laid in draft before each House of Parliament for the prescribed thirty-day period. Parliamentary disapproval prevents its issue, while an agreed modification limits the notification to the modified form.
- The power belongs to the Central Government.
- It is exercised by notification.
- The protection against reduction or dilution is built into the enabling provision itself.
- The proposed notification is subject to parliamentary scrutiny under Section 106(2).
Schedules under the Act
| Schedule | Subject |
|---|---|
| First Schedule | Compensation for land owners. |
| Second Schedule | Rehabilitation and resettlement entitlements for affected families in addition to compensation. |
| Third Schedule | Infrastructural amenities in the resettlement area. |
| Fourth Schedule | Central enactments relating to land acquisition referred to in Section 105. |
Section 107 - State Laws More Beneficial to Affected Families
Section 107 preserves the legislative space of a State to improve the statutory benefits available to affected families. A State may enact a law enhancing or adding to the entitlements under the Central Act where it provides higher compensation or more beneficial rehabilitation and resettlement.
Section 107 - Provision
Nothing in the Act prevents a State from enacting a law that enhances or adds to the statutory entitlements by conferring higher compensation than payable under the Act or providing rehabilitation and resettlement measures more beneficial than those provided by the Act.
Difference Between Sections 106 and 107
| Point | Section 106 | Section 107 |
|---|---|---|
| Authority | Central Government | State Legislature |
| Power | Amend or alter Schedules by notification | Enact a more beneficial State law |
| Safeguard | No reduction of compensation or dilution of compensation, rehabilitation or resettlement provisions | Higher compensation or more beneficial rehabilitation and resettlement may be provided |
| Procedure | Subject to draft laying before Parliament under Section 106(2) | Exercise of State legislative power |
Related Provisions
Section 105 concerns the application of the Act to acquisitions under enactments specified in the Fourth Schedule and the application of beneficial compensation and rehabilitation and resettlement provisions in the manner provided by that section.
Section 108 deals with the option of affected families to avail better compensation and rehabilitation and resettlement where the conditions specified in that provision are satisfied.
Official Legal Source
For the Central Act, section list, Schedules, Rules and notifications, refer to the official Government of India India Code database.
RFCTLARR Act 2013 - India Code
This page provides general legal information. The applicable law in an individual acquisition may also depend on State legislation, rules, notifications and the facts of the case.