Section 43 Land Acquisition Act 2013 - Appointment of Administrator
Section 43 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for appointment of an Administrator for Rehabilitation and Resettlement where land acquisition is likely to cause involuntary displacement. The Administrator is responsible for formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme, subject to statutory supervision and control.
Section 43 - Appointment of Administrator
(1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement.
(2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide.
(3) Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator.
When must an Administrator be appointed?
The statutory trigger is the satisfaction of the appropriate Government that acquisition of land is likely to cause involuntary displacement of persons. Once that condition is met, Section 43(1) states that the State Government shall appoint an Administrator for Rehabilitation and Resettlement for the project by notification.
- The acquisition must be likely to cause involuntary displacement.
- The Administrator is appointed project-wise by notification of the State Government.
- The appointed officer cannot be below the rank specified in Section 43(1), namely Joint Collector, Additional Collector, Deputy Collector or an equivalent Revenue Department official.
- The Administrator must receive prescribed powers, duties, responsibilities, infrastructure and supporting staff necessary to meet the statutory time-frame.
- Formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme vest in the Administrator, subject to the statutory superintendence, directions and control.
Meaning of involuntary displacement
Section 43 is concerned with displacement caused by compulsory land acquisition rather than a voluntary relocation arrangement. The Act should be read as a whole to determine the affected families, rehabilitation and resettlement entitlements, and the project-specific consequences of acquisition.
Who can be appointed as Administrator?
Section 43(1) prescribes a minimum official rank. The Administrator must be an officer not below the rank of Joint Collector, Additional Collector, Deputy Collector, or an equivalent official of the Revenue Department. This requirement places responsibility for rehabilitation and resettlement administration at a specified senior level.
Powers, duties and administrative support
Under Section 43(2), the appropriate Government may prescribe the Administrator's powers, duties and responsibilities. The provision also requires office infrastructure and supporting officers and employees so that the Administrator can function efficiently and comply with the special time-frame contemplated by the Act.
The Central RFCTLARR (Compensation, Rehabilitation and Resettlement and Development Plan) Rules, 2015 are among the official Central rules relevant to compensation, rehabilitation and resettlement. Applicable State rules and notifications should also be checked because implementation responsibilities may be prescribed at the State level.
Role in the Rehabilitation and Resettlement Scheme
Section 43(3) places formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme in the Administrator. The Administrator does not act independently of the statutory hierarchy: these functions remain subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement.
Relationship with the Commissioner under Section 44
Section 44 provides for the Commissioner for Rehabilitation and Resettlement. Section 43(3) expressly makes the Administrator's functions subject to the superintendence, directions and control of both the appropriate Government and that Commissioner. Sections 43 and 44 therefore form connected parts of the administrative framework for rehabilitation and resettlement.
Relationship with the project-level committee
Section 45 provides for a Rehabilitation and Resettlement Committee at the project level in the circumstances specified by that provision. The Administrator has a central role in project-level implementation, while the Act separately provides institutional mechanisms for monitoring and review.
Meaning of appropriate Government
The expression "appropriate Government" is defined in Section 3 of the Act. Which Government is appropriate depends on the nature and location of the acquisition and the statutory criteria. This is relevant because Section 43 assigns different functions to the appropriate Government and the State Government.
Procedure and manner of rehabilitation and resettlement
Section 43 is the opening provision in the Act's chapter dealing with the procedure and manner of rehabilitation and resettlement. The succeeding provisions address the Commissioner for Rehabilitation and Resettlement, the project-level committee, application of rehabilitation and resettlement provisions in certain private transactions, and quantification and deposit of rehabilitation and resettlement amounts.
Official legal sources
For the authoritative Central Act, rules and current official material, refer to India Code and the Department of Land Resources, Ministry of Rural Development. The Department of Land Resources administers the RFCTLARR Act at the Central level and publishes relevant rules and documents. Applicable State rules, amendments and project notifications should also be verified.
Note: This article explains the Central provision generally. Appointment, powers and functions in an individual project may also be governed by applicable State rules, Government notifications and project-specific orders.
Updated: October 2026