Section 52 Land Acquisition Act 2013 - Composition of Authority
Section 52 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for the composition of the Land Acquisition, Rehabilitation and Resettlement Authority established under Section 51.
What Section 52 provides
The Authority referred to in Section 52 is the Land Acquisition, Rehabilitation and Resettlement Authority constituted under Section 51 of the 2013 Act. Section 52 prescribes a single-member structure: the Authority consists of one Presiding Officer appointed by notification by the appropriate Government.
Sub-section (1): The Authority consists of one person only, called the Presiding Officer. The Presiding Officer is appointed by notification by the appropriate Government.
Sub-section (2): Despite the single-member structure in sub-section (1), the appropriate Government may authorise the Presiding Officer of one Authority to perform the functions of the Presiding Officer of another Authority as well.
Meaning and legal effect of Section 52
Section 52 determines who constitutes the Authority for the purposes of the Act. It does not create a multi-member tribunal or committee. The adjudicatory body is constituted through a single Presiding Officer.
The words "appropriate Government" are important because the appointment must be made by the Government competent under the Act. The appointment is made by notification. Section 52(2) also permits administrative flexibility by allowing one Presiding Officer to discharge the functions of another Authority when the appropriate Government so authorises.
Relationship with Sections 51 and 53
Section 51 requires the appropriate Government to establish one or more Land Acquisition, Rehabilitation and Resettlement Authorities for speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement and to specify their territorial jurisdiction.
Section 53 deals with the qualifications and appointment requirements for the Presiding Officer. Read together, Sections 51 to 53 provide for establishment of the Authority, its single-member composition and the qualifications for the person who presides over it.
Key points under Section 52
- The Authority is a single-member Authority.
- The sole member is designated as the Presiding Officer.
- The appropriate Government appoints the Presiding Officer by notification.
- A Presiding Officer of one Authority may also be authorised to discharge the functions of another Authority.
- Section 52 should be read with Section 51 on establishment and jurisdiction and Section 53 on qualifications for appointment.
Official statutory source
The official text of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, including Section 52 and related provisions, is available through the Government of India's India Code portal.
Frequently asked questions
What is the composition of the Authority under Section 52?
The Authority consists of one person, known as the Presiding Officer.
Who appoints the Presiding Officer?
The Presiding Officer is appointed by notification by the appropriate Government, subject to the statutory framework governing appointment.
Can one Presiding Officer act for another Authority?
Yes. Section 52(2) permits the appropriate Government to authorise the Presiding Officer of one Authority to discharge the functions of the Presiding Officer of another Authority.
When did the 2013 Act come into force?
The Central Act came into force on 1 January 2014.