Section 53 Land Acquisition Act 2013 - Qualifications for Appointment as Presiding Officer
Section 53 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 specifies the qualifications required for appointment as Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority and the consultation required for the appointment.
Section 53 - Qualifications for appointment as Presiding Officer
Section 53 lays down two alternative professional qualifications for appointment as Presiding Officer of an Authority. It also prescribes the institutional consultation required before the appropriate Government makes the appointment.
Sub-section (1): A person is not qualified for appointment as the Presiding Officer unless the person is or has been a District Judge, or is a qualified legal practitioner for not less than seven years.
Sub-section (2): The Presiding Officer is appointed by the appropriate Government in consultation with the Chief Justice of the High Court within whose jurisdiction the Authority is proposed to be established.
Meaning of the qualification requirements
The section creates two alternative routes to eligibility. The first covers a person who is serving or has served as a District Judge. The second covers a qualified legal practitioner having at least seven years of the required professional standing. Satisfaction of either statutory qualification is sufficient for eligibility under sub-section (1), subject to the appointment procedure prescribed by sub-section (2).
Appointment by the appropriate Government
Eligibility alone does not amount to appointment. Under Section 53(2), the appointment is made by the appropriate Government in consultation with the Chief Justice of the High Court in whose jurisdiction the Authority is proposed to be established. This requirement should be read together with the provisions governing establishment and composition of the Authority.
Relationship with Sections 51 and 52
Section 51 provides for establishment of one or more Land Acquisition, Rehabilitation and Resettlement Authorities by the appropriate Government for speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement.
Section 52 provides that the Authority consists of one person, referred to as the Presiding Officer. Section 53 then specifies who may be appointed to that office and the consultation required for appointment.
Key points under Section 53
- The Presiding Officer must satisfy one of the two statutory qualification routes.
- A serving or former District Judge is qualified under Section 53(1)(a).
- A qualified legal practitioner with not less than seven years of professional standing is qualified under Section 53(1)(b).
- The appropriate Government makes the appointment.
- Consultation with the Chief Justice of the jurisdictional High Court is required under Section 53(2).
- Section 53 should be read with Sections 51 and 52 concerning establishment and composition of the Authority.
Official statutory source
The official Central Act is available on the Government of India's India Code portal. The Act is Act No. 30 of 2013, enacted on 26 September 2013 and brought into force on 1 January 2014.
Frequently asked questions
Who is qualified to become a Presiding Officer under Section 53?
A person is qualified if the person is or has been a District Judge, or is a qualified legal practitioner for not less than seven years.
Who appoints the Presiding Officer?
The appropriate Government appoints the Presiding Officer in accordance with Section 53(2).
Is consultation with the Chief Justice required?
Yes. Section 53(2) requires consultation with the Chief Justice of the High Court in whose jurisdiction the Authority is proposed to be established.
What is the Authority referred to in Section 53?
It is the Land Acquisition, Rehabilitation and Resettlement Authority established under Section 51 of the 2013 Act. Its composition is dealt with in Section 52.