Section 57 Land Acquisition Act 2013 - Filling Up of Vacancies
Section 57 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 provides for filling a vacancy in the office of the Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority and preserves continuity of pending proceedings.
Section 57 - Filling up of vacancies
Section 57 addresses a vacancy in the office of the Presiding Officer when the vacancy arises for a reason other than temporary absence. It requires the appropriate Government to appoint another person in accordance with the Act and permits proceedings to continue before the Authority from the stage at which the vacancy is filled.
If, for any reason other than temporary absence, any vacancy occurs in the office of the Presiding Officer of an Authority then the appropriate Government shall appoint another person in accordance with the provisions of this Act to fill the vacancy and the proceedings may be continued before the Authority from the stage at which the vacancy is filled.
When Section 57 applies
The provision applies where an actual vacancy occurs in the office of the Presiding Officer. It expressly excludes a situation of temporary absence. The distinction is important because Section 57 is concerned with filling the office itself rather than merely dealing with a short period during which the existing Presiding Officer is temporarily unavailable.
Who fills the vacancy?
The duty to fill the vacancy rests with the "appropriate Government." The expression "appropriate Government" is defined in Section 3(e) of the 2013 Act. The Government competent in a particular case depends on the governmental and territorial circumstances specified in that definition.
The replacement must be appointed in accordance with the provisions of the Act. Accordingly, the appointment framework in Section 53, including the statutory qualifications and consultation requirement, remains relevant when another Presiding Officer is appointed.
What happens to pending proceedings?
Section 57 expressly protects continuity. Proceedings pending before the Authority do not have to begin again merely because the office of the Presiding Officer became vacant. Once the vacancy is filled, the proceedings may continue from the stage at which the vacancy is filled.
This continuity provision helps prevent the replacement of a Presiding Officer from automatically undoing procedural steps already taken before the Authority.
Relationship with Sections 53, 54 and 58
Section 53 prescribes qualifications and the appointment procedure for the Presiding Officer. Section 54 governs the term of office. Section 58 deals with resignation and removal.
Section 57 operates when a non-temporary vacancy exists and ensures both appointment of another qualified person and procedural continuity before the Authority.
Key points under Section 57
- The section applies to a vacancy in the office of the Presiding Officer.
- A temporary absence is expressly outside the vacancy rule in Section 57.
- The appropriate Government must appoint another person to fill the vacancy.
- The replacement appointment must comply with the provisions of the 2013 Act.
- Pending proceedings may continue after the vacancy is filled.
- The proceedings may continue from the stage at which the vacancy is filled rather than automatically starting afresh.
Official statutory source
The official Central Act is available through India Code, the Government of India legislative database maintained for authoritative access to Central legislation.
Frequently asked questions
Does Section 57 apply to temporary absence?
No. The statutory provision expressly refers to a vacancy occurring for a reason other than temporary absence.
Who appoints the replacement Presiding Officer?
The appropriate Government must appoint another person in accordance with the provisions of the Act.
Must pending proceedings start again after a vacancy?
Section 57 permits the proceedings to continue before the Authority from the stage at which the vacancy is filled.
Which section prescribes the qualifications for appointment?
The qualifications and appointment framework for the Presiding Officer are contained in Section 53.