Right to Fair Compensation Act
The Rules and Instruments under the Act: Complete Notes (Part K)
Part K is the Act's delegated flesh: the Central Rules that make the SIA and consent provable, the State rule-books that hold the thresholds and procedures, the one consequential Section 113 order, and the multiplier notifications that decide what rural land actually fetches. This consolidated note covers Topics 100 to 103 of this series.
1. The 2014 SIA and Consent Rules
The Central Rules of August 2014 operationalise Chapter II: an independent SIA Unit empanels multi-disciplinary teams working to terms of reference; the public hearing runs on advance notice with the proceedings recorded and videographed; and, for Section 2(2) acquisitions, consent is taken through convened Gram Sabha and equivalent meetings, by individual written declarations in prescribed forms, executed before officials and witnesses, tallied against the SIA's census of affected families and certified before the preliminary notification issues. Three doctrinal consequences: the census is both entitlement roll and electoral roll, so its completeness is fought at the SIA stage; videography and prescribed forms make participation defects documentary rather than oath-against-oath; and the Rules are the template the State rules and surviving amended-State procedures follow.
2. The Delegated Landscape
Instrument | Power | Governs |
|---|---|---|
SIA and Consent Rules, 2014 | Section 109 (Centre) | The participation machinery above |
Removal of Difficulties Order, 2015 | Section 113, within its two-year window | Compensation and R&R extended to the Fourth Schedule enactments from 1 January 2015, the power's one consequential use, now spent |
Multiplier notifications | The First Schedule's own terms | The rural factor of one to two by distance bands |
Schedule and Fourth Schedule notifications | Sections 106 and 105(2) | Schedule revision (upward only) and the exempted list |
State rules | Section 111 (each State) | Authority procedure, Section 46 purchase limits, Section 101 return mechanics, R&R forms, fees and timelines |
State exemption notifications | The amendment Acts' 10A-pattern powers | Category exemptions in the amending States |
The hierarchy is one-way: every instrument works under the Act, Section 106's ratchet and the beneficial construction barring downward prescription, and a missing instrument never defeats the statute's own floor. The research sequence for any live question: the State's amended Act → the State's rules and notifications → the Central Rules and the 2015 Order → the Act and Schedules as amended.
3. The State Rule-Books
Section 111 rules carry the Act's working detail, and their variation is where practice lives: the Section 46 thresholds (whether private assembly attracts R&R), the Section 101 period and procedure (whether idle land returns), the Authority's local practice, and the payment and deposit mechanics. In the Article 254(2) States the rules administer the amended Act, so rule and amendment are read together. The structural truth the part teaches: the Act is one statute with as many working editions as there are States, and the rule-book is each edition's personality.
4. The Multiplier: The Biggest Number in the Book
The First Schedule's rural factor, one to two by distance from the urban area, is notified State by State, and the solatium doubles its product: factor one pays twice rural market value, factor two pays four times, so the notification swings awards by nearly half. States split between graduated bands, flat ones and flat twos, and the flat-one choice, long criticised as erasing the differential the Schedule mandates, was quashed by the Himachal Pradesh High Court in Keshav Ram (17 June 2025): the notification power calibrates the graduation, it cannot flatten it, Section 107 permitting only more beneficial State action, with multiplier 2 and supplementary awards directed. Other flat-one States now stand on weakened ground, the part's live frontier.
⚠ Key point Part K in one line: the 2014 Rules make the SIA and Gram Sabha consent documentary (Unit, videography, written declarations tallied against the census); the delegated landscape is rules plus specific-power notifications plus one spent Section 113 order, all one-way under the Act; the State rule-books hold the thresholds and mechanics that vary most; and the multiplier notification, one to two by distance, is the biggest money decision in delegated form, with Keshav Ram (2025) striking down the flat-one shortcut. |
5. The Topics of This Part
- Topic 100: The SIA and Consent Rules, 2014
- Topic 101: The delegated instruments: a consolidated map
- Topic 102: State rules under the Act
- Topic 103: The multiplier notifications and distance bands