Section 109 in The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

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.

Title: Rules made by State Government to be laid before State Legislature.

Description: Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Title: Previous publication of rules made by Central and State Government.

Description: The power to make rules by the Central or State Government under this Act shall be subject to the condition of the rules, being made after previous publication.

Title: Power to remove difficulties.

Description: (1) If any difficulty arises in giving effect to the provisions of this Part, the Central Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

CHAPTER 13 MISCELLANEOUS