Section 54 Land Acquisition Act 2013 - Term of Office of Presiding Officer
Section 54 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 fixes the tenure and maximum age for the Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority.
Section 54 - Terms of office of Presiding Officer
Section 54 regulates how long a Presiding Officer may continue in office. The provision combines a fixed tenure with an upper age limit, and the office ends when either limit is reached first.
The Presiding Officer of an Authority holds office for a term of three years from the date on which the Presiding Officer enters upon office, or until attaining the age of sixty-five years, whichever occurs earlier.
Meaning and effect of Section 54
The statutory term does not automatically continue for the full three years in every case. The three-year tenure is subject to the age ceiling of sixty-five years. Therefore, if the Presiding Officer reaches sixty-five before completing three years in office, the age limit brings the term to an end earlier.
Conversely, where the Presiding Officer does not attain sixty-five during the three-year period, the ordinary statutory tenure ends on completion of three years from the date of entering upon office.
How the tenure is calculated
The starting point specified by Section 54 is the date on which the Presiding Officer enters upon office. The two statutory limits are then considered together: a maximum term of three years and a maximum age of sixty-five years. The earlier of those two events determines the end of the term under Section 54.
Relationship with Sections 52, 53 and 56
Section 52 provides that the Authority consists of one person, called the Presiding Officer.
Section 53 prescribes the qualifications for appointment and requires appointment by the appropriate Government in consultation with the Chief Justice of the High Court within whose jurisdiction the Authority is proposed to be established.
Section 56 deals with the salary, allowances and other terms and conditions of service of Presiding Officers. These provisions form part of the statutory framework governing the office.
Key points under Section 54
- The normal statutory tenure is three years.
- The three-year period runs from the date the Presiding Officer enters upon office.
- The maximum age specified by the section is sixty-five years.
- The Presiding Officer serves until completion of three years or attainment of sixty-five years, whichever is earlier.
- The provision should be read with the surrounding sections dealing with composition, qualifications, service conditions, vacancies, resignation and removal.
Official statutory sources
The official Central Act is available through the Government of India's India Code portal. The Department of Land Resources, Ministry of Rural Development, administers matters relating to the 2013 Act and publishes relevant official documents and information.
Frequently asked questions
What is the term of office under Section 54?
The Presiding Officer may hold office for three years from the date of entering upon office, subject to the statutory age limit.
What is the maximum age for a Presiding Officer under Section 54?
The age limit stated in Section 54 is sixty-five years.
What happens if the Presiding Officer turns sixty-five before completing three years?
The term ends on attainment of sixty-five years because Section 54 applies whichever of the two limits occurs earlier.
Which provision deals with qualifications for the Presiding Officer?
The qualifications and appointment procedure are dealt with in Section 53.