Section 55 of the Land Acquisition Act 1894: Power to Make Rules and 1984 Amendment Annexure
Section 55 of the Land Acquisition Act, 1894 conferred rule-making power for administration and enforcement of the Act. It dealt with the authority of the appropriate Government, the special Central Government power concerning Part VII, legislative laying requirements, previous publication, and publication in the Official Gazette. This page also retains and explains the important extracts of the Land Acquisition (Amendment) Act, 1984 contained in the original annexure.
Section 55 - Power to Make Rules
Section 55(1): General rule-making power
The appropriate Government had power to make rules consistent with the Land Acquisition Act, 1894 for the guidance of officers in all matters connected with enforcement of the Act, and could from time to time alter or add to those rules.
The requirement that rules be "consistent with this Act" meant that delegated rules operated within the authority granted by the parent legislation. Section 55 authorized rules for administrative guidance and enforcement; it did not authorize rules contrary to the Act itself.
Meaning of "appropriate Government"
For purposes of the 1894 Act, the expression "appropriate Government" was defined in Section 3(ee). Broadly, it identified whether the Central Government or the State Government was the competent Government for an acquisition, according to the statutory circumstances. This definition was important to Section 55 because the identity of the appropriate Government ordinarily determined which Government exercised the general rule-making power.
Special rule-making power for Part VII
The first proviso to Section 55(1) specifically provided that the power to make rules for carrying out the purposes of Part VII was exercisable by the Central Government. Such rules could be made for the guidance of State Governments and officers of both the Central and State Governments.
Part VII of the 1894 Act dealt with acquisition of land for companies. The proviso therefore created a specific Central rule-making arrangement for that Part rather than leaving those rules solely to the ordinary appropriate-Government formula.
Rules made by Central Government to be laid before Parliament
Section 55 required a rule made by the Central Government under the provision to be laid before each House of Parliament as soon as may be after it was made, while Parliament was in session, for a total period of thirty days. That period could fall within one session or two or more successive sessions.
If both Houses agreed within the statutory period to modify the rule, it thereafter operated in the modified form. If both Houses agreed that the rule should not be made, it ceased to have effect. A modification or annulment did not prejudice the validity of anything previously done under the rule.
State Government rules to be laid before State Legislature
The further proviso to Section 55(1) required every such rule made by the State Government to be laid, as soon as may be after it was made, before the State Legislature.
Section 55(2): Previous publication
The power to make, alter or add to rules under Section 55(1) was subject to the condition that the rules, alterations or additions be made after previous publication.
Previous publication was therefore an express statutory condition attached to exercise of the rule-making power under Section 55.
Section 55(3): Official Gazette and force of law
Rules, alterations and additions made under Section 55 were required to be published in the Official Gazette, and upon such publication they had the force of law.
This provision linked Gazette publication with the statutory legal effect of rules made under Section 55.
Annexure: Extracts of the Land Acquisition (Amendment) Act, 1984
The original page also reproduced transitional provisions associated with the Land Acquisition (Amendment) Act, 1984. They are retained because they explain how important compensation amendments were applied to proceedings and awards around the commencement of the 1984 amendment.
Additional amount under Section 23(1A)
The annexure provided that Section 23(1A), inserted by the 1984 amendment, applied and was deemed to have applied to:
- every land acquisition proceeding pending on 30 April 1982 in which the Collector had not made an award before that date; and
- every land acquisition proceeding commenced after 30 April 1982, whether or not the Collector had made an award before commencement of the 1984 Amendment Act.
Section 23(2) and Section 28 amendments
The annexure further stated that the amended provisions of Section 23(2) and Section 28 applied, and were deemed to have applied, in relation to an award made by the Collector or Court, or an order passed by the High Court or Supreme Court in appeal against such an award, after 30 April 1982 and before commencement of the 1984 Amendment Act.
Section 34 amendment and possession cases
The amended Section 34 was also made applicable to specified cases involving possession and unpaid or undeposited compensation:
- where possession had been taken before 30 April 1982 and compensation had not been paid or deposited under Section 31 by that date, the amended provision applied with effect from 30 April 1982; and
- where possession was taken on or after 30 April 1982 but before commencement of the 1984 Amendment Act without payment or deposit under Section 31, it applied from the date possession was taken.
Why the 1984 annexure matters
The annexure is distinct from Section 55 itself. Section 55 concerns delegated rule-making, whereas the annexure records transitional operation of substantive amendments affecting additional amount, solatium, interest, and compensation-related consequences under Sections 23, 28 and 34. Keeping the two topics separately identified avoids treating the 1984 transitional provisions as if they were sub-sections of Section 55.
Position after the 2013 Act
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 replaced the general central acquisition regime under the 1894 Act from 1 January 2014. Section 114 repealed the 1894 Act subject to savings, while transitional questions concerning proceedings initiated under the old Act are addressed by the relevant provisions of the 2013 Act and applicable saving law.
Summary
Immediately before the 2013 Act came into force, Section 55 empowered the appropriate Government to make rules consistent with the Land Acquisition Act, 1894 for guidance of officers and enforcement of the Act. Central Government rule-making applied specially to Part VII; Central and State rules were subject to the prescribed legislative laying requirements; rule-making under Section 55 required previous publication; and rules acquired the force of law upon publication in the Official Gazette. The retained 1984 Amendment Act annexure separately records transitional application of amendments concerning Sections 23, 28 and 34.
This article describes the pre-2014 central statutory position. State amendments, saved proceedings, and the dates of acquisition, award and possession may affect the law applicable to an individual matter.