Right to Fair Compensation Act
The Act's Delegated Instruments: A Consolidated Map
By this point the series has met a dozen instruments living under the Act, Central rules, a famous Section 113 order, multiplier notifications, State rule-books, exemption notifications under the State amendments, and this note assembles them into one reference map: what each instrument is, which power it stands on, and where in the series it is detailed. The practitioner's index to everything the bare Act delegates.
1. The Map
Instrument | Power and maker | What it governs |
|---|---|---|
The SIA and Consent Rules, 2014 | Section 109: the Central Government | The SIA Unit and teams, hearing and videography, Gram Sabha consent declarations and certification (Topic 100) |
The Removal of Difficulties Order, 2015 | Section 113: the Central Government, within the two-year window, laid before Parliament | Extension of the Act's compensation and R&R standards to the Fourth Schedule enactments from 1 January 2015 (Topic 88) |
Multiplier notifications | The First Schedule's own terms: the appropriate Government | The rural factor of one to two by distance bands, the quiet decider of what rural land actually fetches (Topics 37 and 103) |
Fourth Schedule notifications | Section 105(2): the Central Government, laid before Parliament | Adding or omitting exempted enactments |
Schedule amendment notifications | Section 106: upward only | Revision of the First, Second and Third Schedules' figures and items (Topic 90) |
State rules | Section 111: each State Government, laid before the Legislature | The Authority's procedure, Section 46 purchase limits, Section 101 return mechanics, local SIA and R&R forms (Topic 102) |
State exemption notifications | The State amendment Acts' own 10A-pattern powers | Project-category exemptions from SIA, food security and consent in the amending States (Topic 96) |
Urgency and SIA-exemption notifications | Sections 40 and 9: the appropriate Government | Invocation of urgency and exemption of particular acquisitions from the SIA (Topics 22 and 62) |
2. Reading the Map
- Three families: the instruments sort by power: rules (Sections 109 and 111, the standing machinery), notifications under specific powers (the Schedules, the multiplier, urgency, the Fourth Schedule), and the one spent extraordinary power (Section 113, closed since the two-year window ended), with everything laid before Parliament or the State Legislature as its section provides.
- The hierarchy: every instrument works under the Act: rules cannot cut entitlements (Section 106's ratchet states the principle), notifications exercise only their named powers, and an instrument beyond its power is ultra vires on ordinary principles, the challenge route the map implies.
- The research sequence: for any live question: the State's amended Act first (Topic 96), then the State's rules and notifications, then the Central rules and the 2015 Order, then the bare Act and Schedules as amended, the order in which the applicable law actually assembles.
- The gaps that remain: where no instrument has been made, no multiplier notified, no Section 46 limit prescribed, no Section 101 procedure framed, the Act's own text and the courts fill the space, and the missing instrument is itself a ground: a State that never prescribed the machinery cannot plead the machinery's absence against the entitlement.
3. The Single-Order Family
One clarification the map should make express: the Act's Section 113 power produced, in its two-year life, one order of consequence, the Removal of Difficulties Order of 28 August 2015, the Fourth Schedule extension covered in Topic 88. References in practice to the Act's "Removal of Difficulties Orders" are references to that instrument; no parallel family of Section 113 orders reshaped other parts of the Act, and with the window long closed, none now can. The delegated landscape is therefore stable at the Centre, rules and Schedule-linked notifications, and dynamic in the States, where amendment Acts, their exemption notifications and the Section 111 rule-books continue to evolve, which is where any currency check on this map should concentrate.
⚠ Key point The Act's delegated landscape: the 2014 SIA and Consent Rules (Section 109); the single consequential Section 113 instrument, the 2015 Fourth Schedule Order; multiplier, Schedule, Fourth-Schedule, urgency and SIA-exemption notifications under their specific powers; and the State layer, Section 111 rules and the amendment Acts' exemption notifications, where the landscape still moves. Hierarchy: everything under the Act, nothing downward against entitlements; research order: State amended Act → State instruments → Central rules and the 2015 Order → the Act and Schedules as amended. |
4. Related Topics and Provisions
- Rule-making powers (Topic 92): the enabling architecture
- The 2014 Rules (Topic 100) and State rules (Topic 102): the two rule-books
- The multiplier notifications (Topic 103): the map's highest-stakes entry
- Section 106's ratchet (Topic 90): the hierarchy's one-way clause