Section 55 Land Acquisition Act 2013 - Staff of Authority
Section 55 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 deals with the Registrar, officers and employees required for the Land Acquisition, Rehabilitation and Resettlement Authority, their supervision and their conditions of service.
Section 55 - Staff of Authority
Section 55 provides the statutory staffing framework for an Authority established under Section 51. It places responsibility on the appropriate Government to provide a Registrar and other necessary officers and employees, while placing their functions under the general superintendence of the Presiding Officer.
Sub-section (1): The appropriate Government must provide the Authority with a Registrar and such other officers and employees as that Government considers fit.
Sub-section (2): The Registrar and the other officers and employees of the Authority discharge their functions under the general superintendence of the Presiding Officer.
Sub-section (3): Their salaries, allowances and other conditions of service are governed by the applicable prescribed rules.
Meaning of "appropriate Government"
The expression "appropriate Government" is defined in Section 3(e) of the 2013 Act. Broadly, the competent Government depends on the purpose for which the land is being acquired and the territorial and governmental context specified in that definition. Section 55 assigns the staffing responsibility to that appropriate Government.
Role of the Registrar and other staff
Section 55 expressly requires a Registrar and permits the appropriate Government to provide such additional officers and employees as it considers necessary. The provision therefore ensures that the Authority has administrative personnel to support the discharge of its statutory functions.
The Act does not make the Registrar and staff independent of the Presiding Officer in the performance of their functions. Section 55(2) expressly places their functions under the general superintendence of the Presiding Officer.
Salaries, allowances and service conditions
Section 55(3) does not itself prescribe salary amounts, allowances or detailed service conditions. Instead, it provides that these matters shall be "such as may be prescribed." Under the Act, "prescribed" means prescribed by rules made under the Act. Section 109 empowers the appropriate Government to make rules, including rules concerning the salaries, allowances and other conditions of service of the Registrar and other officers and employees under Section 55(3).
Relationship with Sections 51 to 56
Section 51 provides for establishment of the Land Acquisition, Rehabilitation and Resettlement Authority. Section 52 provides for its composition, while Section 53 prescribes qualifications for appointment as Presiding Officer.
Section 54 deals with the Presiding Officer's term of office. Section 55 deals separately with the Registrar and other staff of the Authority, and Section 56 deals with salary, allowances and other service conditions of the Presiding Officer.
Key points under Section 55
- The appropriate Government is responsible for providing a Registrar to the Authority.
- The Government may provide other officers and employees as it considers fit.
- The Registrar, officers and employees function under the general superintendence of the Presiding Officer.
- The Act itself does not fix their salaries and allowances.
- Salaries, allowances and other conditions of service are governed by the rules prescribed under the Act.
- Section 109 provides rule-making power in relation to matters prescribed under Section 55(3).
Official statutory source
The official text of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is available on India Code, the Government of India legislative database.
Frequently asked questions
Who provides staff to the Authority under Section 55?
The appropriate Government provides the Authority with a Registrar and such other officers and employees as it considers fit.
Who supervises the Registrar and other employees?
They discharge their functions under the general superintendence of the Presiding Officer of the Authority.
Does Section 55 specify the salary of the Registrar?
No. Section 55(3) provides that salaries, allowances and other conditions of service shall be as prescribed by the applicable rules.
What does "prescribed" mean in Section 55?
For the purposes of the Act, a matter that is "prescribed" is governed by rules made under the Act. The rule-making power of the appropriate Government is contained in Section 109.