Section 60: Powers of Authority and Procedure Before It
Section 60 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act) defines the adjudicatory powers and procedure of the Land Acquisition, Rehabilitation and Resettlement Authority. It deals with evidence, hearings, references and the time limits for making and delivering awards.
Meaning and scope of Section 60
The Authority established under the RFCTLARR Act, 2013 resolves disputes referred to it in accordance with the Act. Section 60 grants certain powers ordinarily exercised by civil courts, while allowing the Authority to regulate its own procedure subject to natural justice, the Act and applicable rules.
Section 60(1): Powers equivalent to those of a civil court
For performing its statutory functions, the Authority has the same powers as a civil court under the Code of Civil Procedure, 1908 in the following specified matters:
- Summons and examination: summoning persons, enforcing attendance and examining them on oath.
- Evidence and documents: ordering discovery and production of documents or other material objects admissible as evidence.
- Affidavits: receiving evidence through sworn affidavits.
- Public records: requisitioning official records.
- Commissions: issuing commissions to examine witnesses.
- Review: reviewing its own decisions, directions and orders.
- Prescribed matters: exercising powers on other matters prescribed by applicable rules.
Section 60(2): Original jurisdiction over references
The Authority has original jurisdiction to adjudicate every reference made under Section 64. Original jurisdiction means that the Authority is empowered to decide such references in the first instance, rather than only hearing appeals. Section 64 concerns objections to matters such as land measurement, compensation, entitlement to payment, rehabilitation and resettlement rights, and apportionment of compensation.
Section 60(3): Procedure and natural justice
The Authority is not bound by the procedural framework of the Code of Civil Procedure, 1908. However, it must follow the principles of natural justice, comply with the Act and rules, and may regulate its own procedure. In practical terms, natural justice ordinarily requires a fair opportunity to be heard and an impartial decision-making process.
Section 60(4): Hearing and six-month disposal
On receiving a reference under Section 64, the Authority must give notice to all concerned parties, provide an opportunity of hearing, and dispose of the reference within six months from its receipt by making an award accordingly. This is the period expressly specified in Section 60(4).
Section 60(5): Copies of the award within 15 days
The Authority must arrange to deliver copies of its award to the concerned parties within 15 days from the date of the award.
Related statutory provisions
Section 51 provides for establishment of the Authority; Section 59 addresses the validity of proceedings despite certain defects in its constitution; Section 61 treats proceedings before the Authority as judicial proceedings; Section 63 limits civil court jurisdiction in covered disputes; Section 64 governs references to the Authority; and Section 74 provides for appeals to the High Court, subject to statutory conditions.
Official law and reference material
Read the India Code Act record, the official text of the RFCTLARR Act and the Department of Land Resources Acts and Rules. State-specific amendments, notifications and procedural rules may also need to be checked for an individual case.