Section 109 Land Acquisition Act 2013: Power of Appropriate Government to Make Rules

Section 109 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 authorises the appropriate Government to make rules, by notification and subject to the other provisions of the Act, for carrying out the Act. Sub-section (2) identifies specific matters on which rules may be made without limiting the general rule-making power in sub-section (1).

Section 109(1) - General Rule-Making Power

This is the general enabling provision for subordinate legislation under the Act. The rules must operate within the authority conferred by the parent Act and are subject to its provisions.

Section 109(2) - Matters for Which Rules May Be Made

Without prejudice to the general power under Section 109(1), sub-section (2) specifically identifies matters for rule-making. They include the following:

1. the process of obtaining prior consent under the first proviso to Section 2(2);
2. the limits of land in rural areas or urban areas under Section 2(3)(a);
3. the manner and time limit for carrying out the Social Impact Assessment study under Section 4(1);
4. the manner of preparing and publishing Social Impact Assessment study reports under Section 6(1);
5. the manner and time for conducting the survey and undertaking the census under Section 16(1);
6. the manner of preparing the draft Rehabilitation and Resettlement Scheme under Section 16(2);
7. the manner of conducting the public hearing under Section 16(5);
8. the manner of depositing the amount by the Requiring Body under the second proviso to Section 19(2);
9. the manner and period for recovery of any excess amount paid under Section 33(3);
10. the form in which the Development Plan is to be prepared under Section 41(4);
11. the powers, duties and responsibilities of the Administrator under Section 43(2);
12. the procedure of the Rehabilitation and Resettlement Committee under Section 45(3);
13. the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances payable to experts under Section 48(3);
14. the procedure to be followed by the State Monitoring Committee and allowances payable to experts under Section 50(3);
15. the salaries, allowances and other conditions of service of the Registrar and other officers and employees of an Authority under Section 55(3);
16. the salary, allowances and other terms and conditions of service, including pension, gratuity and other retirement benefits, of the Presiding Officer of an Authority under Section 56;
17. any other matter contemplated by Section 60(1)(g);
18. the manner of recovery of rehabilitation and resettlement benefits obtained by a false claim or fraudulent means under Section 84(2);
19. the manner of returning unutilised land by reversion under Section 101;
20. the manner of publication wherever the Act so provides; and
21. any other matter required to be, or which may be, specified under the Act.

Meaning of Important Terms

Notification

For Section 109, the rule-making power is exercised by notification. The applicable rules therefore form subordinate legislation made under the authority of the Act and must be read together with the parent statutory provisions.

Social Impact Assessment

The Social Impact Assessment framework under the Act examines the public purpose and the social consequences of a proposed acquisition through the statutory process beginning under Section 4 and related provisions.

Rehabilitation and Resettlement

Rehabilitation and resettlement provisions address statutory entitlements and measures for affected families arising from acquisition and displacement. Section 109 permits procedural and administrative details concerning several parts of this framework to be prescribed by rules.

Requiring Body

"Requiring Body" is a defined expression under Section 3 of the Act. In general statutory terms, it identifies the body for which land is being acquired within the categories covered by the definition.

Why Section 109 Is Important

The Act establishes substantive rights, duties and procedures, while Section 109 enables the appropriate Government to prescribe operational details needed to implement them. Consequently, a legal issue concerning consent, Social Impact Assessment, rehabilitation and resettlement procedure, Authorities, recovery of benefits or return of unutilised land may require examination of both the Act and the rules made by the competent Government.

Related Sections

Section 110 deals with rules made by the Central Government being laid before Parliament. Section 111 addresses rules made by a State Government being laid before the State Legislature. Section 112 concerns previous publication of rules made by the Central or State Government.

Official Legal Sources

RFCTLARR Act 2013 - India Code

This article provides general legal information. For a particular acquisition, the applicable Central or State rules, amendments, notifications and local statutory framework should also be checked.