THE LAND ACQUISITION (AMENDMENT) BILL, 2007 - PRS

17MEMORANDUM REGARDING DELEGATED LEGISLATIONClause 8 of the Bill seeks to insert a new section 3A in the Land Acquisition Act, 1894which relates to mandatory social impact assessment prior to acquisition of land under thesaid Act. The new section 3A seeks to empower the Central Government to prescribe, byrules, the manner and time in which social impact assessment study and other mattersenumerated in the new section shall be carried out. Clause 13 seeks to insert new section 11Cin the Land Acquisition Act, 1894 to provide for allottment of shares and debentures in suchmanner as may be prescribed. Clause 14 seeks to amend section 12 of the Act to provide forpayment of compensation and other related matters by framing the rules.2. Sub-section (3) of section 17B and sub-section (2) of section 17D, which has beenproposed to be inserted by clause 17 of the Bill in the 1894 Act seeks to provide that the StateGovernment may by rules prescribe the salaries and allowances payable to, and other termsand conditions of service of Members of the Authority and the officers and employees of thesaid Authority. In respect of the Authority for the Centre, similar rules can be framed by theCentral Government under section 17M.3. Clause 22 of the Bill seeks to insert a new section 54B in the 1894 Act which providessharing with landowners the difference in price of a land when transferred for a higherconsideration and provides for making rules for maintaining and administering the fund forthe purposes of new section 54B.4. As per the provisions contained in sub-section (1) of section 55 to the LandAcquisition Act, 1894, the rules made under the Act are required to be laid before Parliamentor State Legislature, as the case may be.The aforesaid matters in respect of which rules may be made relate to matters ofprocedure or administrative details and it is not practicable to provide for them in the Billitself. The delegation of legislative power is, therefore, of a normal character.