EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.1508, CUTTACK, SATURDAY, AUGUST 18, 2018/ SRAVAN 27, 1940

REVENUE & DISASTER MANAGEMENT DEPARTMENT

NOTIFICATION

The 13th August, 2018

S.R.O. No. 346/2018— Whereas, the draft of certain rules, which the State

Government proposes to make in exercise of the powers conferred by sub-section (1) of

Section 109 of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (30 of 2013) was published, as required under

section 112 of the said Act, in the Extraordinary issue of the Odisha Gazette No. 832 dated

the 25th April, 2017, bearing S.R.O. No.186/2017 issued under the notification of the

Government of Odisha in the Revenue & Disaster Management Department, No.13443-

R&REH-11/2017, dated the 25th April, 2017, inviting objections and suggestions from all

persons likely to be affected thereby before expiry of the period of thirty days from the date

of publication of the said notification in the Odisha Gazette;

And, whereas, no objection or suggestion on the said draft has been received by

the State Government during the stipulated period;

Now, therefore, in exercise of the powers conferred by sub-section (1) of Section

109 of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (30 of 2013), the State Government do hereby

make the following rules, namely:—

1. Short title and commencement:— (1) These rules may be called the Odisha

Land Acquisition, Rehabilitation and Resettlement Authority Rules, 2018.

(2) They shall come into force on the date of their publication in the

Odisha Gazette.

2. Definitions:— (1) In these rules, unless the context otherwise requires,—

(a) “Act” means the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of

2013);

(b) “Government” means the Government of Odisha; and

(2) All other words and expressions, used and not defined in these rules but

defined in the Act, shall have the meaning as respectively assigned to them in the Act.

3.Establishment of the Land Acquisition, Rehabilitation and Resettlement

Authority:— The Government shall establish, by notification in the Odisha Gazette, at

least one Authority to be known as “The Land Acquisition, Rehabilitation and Resettlement

Authority” (hereinafter referred to as “the Authority”) for each Revenue Division for speedy

disposal of disputes relating to Land Acquisition, Compensation, Rehabilitation and

Resettlement.

4.Salary, allowances, other terms and conditions of Presiding Officers:— The

salary, allowances and other terms and conditions of service of the Presiding Officer shall

be as follows, namely:—

(a) In case of a District Judge, the Service Rules as applicable to such rank

and status in the District Judge Cadre of the State of Odisha shall be

made applicable.

(b) In case of a retired District Judge, the total emoluments and allowances

last drawn at the time of retirement minus gross pension shall be payable

as consolidated pay which shall also include other benefits accrued to

such officer under the relevant rules.

Presiding Officer.

(d) In case of a qualified legal practitioner, the salary, allowances and other

conditions of service shall be such as may be determined by the

Government, from time to time.

5.Appointment of the employees of the Authority:— (1) The Government shall

appoint an officer as Registrar of the Authority from the officers of the Odisha

Administrative Service, not below the rank of Joint Secretary.

(2) The pay, allowances and other terms and conditions of the Registrar, shall be

regulated by the service rules as applicable to the Government Servants in the rank of

Joint Secretary in the Odisha Administrative Service.

(3) Beside the Registrar, the Authority may have the following other employees,

namely:—

(a) One Head Clerk or Senior Clerk;

(b) Two Junior Clerks;

(d) Four Group – D employees:

(4) The employees mentioned in sub-rule (3) shall be on deployment basis by the

Revenue Divisional Commissioner from among the staff in position in different offices

coming under the jurisdiction of the concerned Revenue Divisional Commissioner.

(5) The salary, allowances and conditions of service of the employees mentioned in

sub-rule (3) shall be as per the service rules applicable to the Government Servants of the

same rank and status.

(6) The Government may create additional posts for the Authority as and when felt

necessary.

6.Presiding Officer shall be the Head of the Authority:— (1) The Presiding

Officer shall be the Head of the Authority.

(2) The Registrar shall be responsible for the proper administration of the affairs of

the Authority and its day- to- day management and shall exercise and discharge such

other powers and perform such other duties as may be assigned by the Presiding Officer.

7.Leave Sanctioning Authority:— (1) Provisions of Leave Rules of the

Government shall be applicable to the Authority.

(2)The Government shall have the power to sanction leave of the Presiding Officers

of the Authority set-up under their respective Revenue Divisions.

(3)The Presiding Officer shall have the power to sanction leave of the Registrar and

other employees of the Authority.

8. Working days and office hours:— The working days and the office hours of the

Authority shall be the same as that of the working days and the office hours of the offices

of the Government.

9. Procedure for investigation of allegation of misbehavior and incapacity:—

(1) If a written complaint alleging any definite charges of misbehavior or

incapacity to perform the functions of the office in respect of Presiding Officer is received

by the Government, it shall make a preliminary scrutiny of such complaint.

(2) If the Government is of the opinion that there are reasonable grounds for

making an inquiry into the truth of any imputation of misbehavior or incapacity of the

Presiding Officer, it shall make a reference to the Chief Justice of the High Court of Orissa,

requesting him to appoint a Judge of the High Court to conduct the inquiry.

(3) The Chief Justice of the High Court of Orissa shall, by order, appoint a

Judge of the High Court to conduct the inquiry and the Government shall forward the copy

of –

(i) the articles of charges against the Presiding Officer concerned and

the statement of imputation,

(ii) the statement of witnesses, if any, and

(iii) material documents relevant to the inquiry.

(4) The Judge appointed under sub-rule (3) shall conduct the inquiry in

accordance with the procedure and shall complete the inquiry within such time, as

specified in the order issued by the Chief Justice of the High Court of Orissa.

(5) The Judge shall be guided by the principles of natural justice and shall have

power to fix the places and times of his inquiry.

(6) After the conclusion of the investigation, the Judge shall submit his report to

the Chief Justice of the High Court of Orissa, stating therein his findings and the reasons

thereof on each of the articles of charges separately and the Chief Justice of the High

Court of Orissa shall forward it to the Government along with his recommendation.

(7) On receiving the report of investigation, the Government shall take

appropriate decision, according to sub-section (2) of Section 58 of the Act.

10. Interpretation:—If any question arises relating to the interpretation of these

rules, the same shall be referred to the Government for its decision.

[No. 29900–R&REH –11/2017/R&DM.]

By Order of the Governor

Dr. C.S. KUMAR

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 985-173+100