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Section 38

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules 2016. No. 624 dated…State Rules of Uttar Pradesh · 2013

(1) The State Government shall establish, by notification in the Official Gazette, the Land Acquisition, Rehabilitation and Resettlement Authorities for the purpose of providing speedy disposal of disputes relating to land acquisition in the State.

(2) The State Government may assign duties, powers and procedure of work to the Authority, by way of notification. The Authority shall exercise the powers and functions defined under the Act and these rules

(3) The Presiding Officer of an Authority shall be appointed from the officers of the rank of District Judge (super time scale) by the State Government in consultation with the Chief Justice of the High Court by issuing notification in the Official Gazette.

(4) The State Government shall, by notification, appoint an officer from Uttar Pradesh Judicial Service of the rank of Civil Judge (Junior Division) as Registrar of the Authority, in consultation with the Chief Justice of the High Court.

Other staff including employees such as reader, senior clerk, stenographer, clerks, driver, orderly and peons shall be appointed from the different cadres of the Government servants including the Revenue Department till the creation and posting of the employees from separate independent cadre of land acquisition authority.

(5) The salaries and allowances of the Registrar and other officers and employees of the said Authority shall be the same as they were drawing in their parental Departments and a deputation allowance, which may be determined by the State Government in consultation with the parental department of an employee. The conditions of service shall be thereof same as those applicable to them under the State Government Civil Services Rules.

(6) (a) The Presiding Officer ofthe said Authority shall get the salary, perks and other allowances, same as they were drawing in their parental Departments and the deputation allowance, which may be prescribed by the State Government in consultation with the High court.

(b) The Presiding officer of the said authority shall discharge their function under the general superintendence of the High Court.

39. The Establishment of Land Acquisition, Rehabilitation and Resettlement Authority shall have the power of Civil Court in the matters where any rehabilitation and resettlement benefit have been availed of by making a false claim or through fraudulent means. The benefits shall be liable to be recovered by the State Government as an arrear of land revenue, in case of the said benefits have been availed in terms of money, and by evicting a wrongdoer from the land and houses if the said benefits have been availed in the terms of land and houses. The land and houses so vacated shall be used for the rehabilitation and resettlement of the affected persons of the same Project only and shall not be used for any other purpose.

CHAPTER -X MISCELLANEOUS MATTERS

Where this provision sits

ActRight to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Uttar Pradesh) Rules 2016. No. 624 dated 23-11-2016
Section38
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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