Section 106 in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Title: Power to amend Schedule.

Description: (1) The Central Government may, by notification, amend or alter any of the Schedules to this Act, without in any way reducing the compensation or diluting the provisions of this Act relating to compensation or rehabilitation and resettlement. (2) A copy of every notification proposed to be issued under sub-section (1), shall be laid in draft before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in disapproving the issue of the notification or both Houses agree in making any modification in the notification, the notification shall not be issued or as the case may be, shall be issued only in such modified form as may be agreed upon by both the Houses of Parliament.

Title: Power of State Legislatures to enact any law more beneficial to affected families

Description: Nothing in this Act shall prevent any State from enacting any law to enhance or add to the entitlements enumerated under this Act which confers higher compensation than payable under this Act or make provisions for rehabilitation and resettlement which is more beneficial than provided under this Act.

Title: Option to affected families to avail better compensation and rehabilitation and resettlement.

Description: (1) Where a State law or a policy framed by the Government of a State provides for a higher compensation than calculated under this Act for the acquisition of land, the affected persons or his family or member of his family may at their option opt to avail such higher compensation and rehabilitation and resettlement under such State law or such policy of the State. (2) Where a State law or a policy framed by the Government of a State offers more beneficial rehabilitation and resettlement provisions under that Act or policy than under this Act, the affected persons or his family or member of his family may at his option opt to avail such rehabilitation and resettlement provisions under such State law or such policy of the State instead of under this Act.

Title: Power of appropriate Government to make rules.

Description: (1) Subject to the other provisions of this Act, the appropriate Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing, such rules may provide for all or any of the following matters, namely:-- (a) the process of obtaining the prior consent under the first proviso to sub-section (2) of section 2; (b) the limits of land in rural areas or urban areas under clause (a) of sub-section (3) of section 2; (c) the manner and the time limit for carrying out social impact assessment study under sub-section (1) of section 4; (d) the manner of preparing and publishing social impact assessment study reports under sub-section (1) of section 6; (e) the manner and time for conducting survey and undertaking census under sub-section (2) of section 16; (f) the manner of preparing draft Rehabilitation and Resettlement Scheme under sub-section (5) of section 16; (g) the manner of conducting public hearing under sub-section (5) of section 16; (h) the manner of depositing amount by the Requiring Body under second proviso to sub-section (2) of section 19; (i) the manner in which and the period within which any excess amount paid may be recovered under sub-section (3) of section 33; (j) the form in which the Development Plan shall be prepared under sub-section (2) of section 41; (k) the powers, duties and responsibilities of Administrator under sub-section (2) of section 43; (l) the procedure of Rehabilitation and Resettlement Committee under sub-section (3) of section 45; (m) the procedure to be followed by the Rehabilitation and Resettlement Committee and allowances to be paid to the experts under sub-section (3) of section 48; (n) the procedures to be followed by the State Monitoring Committee and the allowances payable to the experts under sub-section (3) of section 50; (o) the salaries and allowances and other conditions of service of the Registrar and other officers and employees of an Authority under sub-section (3) of section 55; (p) the salary and allowances payable to and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Presiding Officer of an Authority under section 56; (q) any other matter under clause (g) of sub-section (1) of section 60; (r) the manner of recovery of the rehabilitation and resettlement benefits, availed of by making false claim or through fraudulent means, under sub-section (2) of section 84; (s) the manner of returning the unutilised land by reversion under section 101; (t) manner of publication wherever the provisions of this Act provide for; (u) any other matter which is required to be or may be specified under this Act. STATE AMENDMENTS Andhra Pradesh In the principal Act, in section 109, in sub-section (2), after clause (u) the following clause shall be added, namely:-- "(v) to give effect to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Andhra Pradesh Amendment) Act, 2018" [Vide Andhra Pradesh Act 22 of 2018, sec. 12 (w.e.f. 1-1-2014).]

Title: Rules made by Central Government to be laid before Parliament.

Description: Every rule made by the Central Government under this Act shall be laid as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

CHAPTER 13 MISCELLANEOUS