Section 20P: Power to make rules in respect of matters in this Chapter

1[20P. Power to make rules in respect of matters in this Chapter.– (1) The Central Government may, by notification, make rules to carry out the purposes of this Chapter.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–

(a) the manner of appointment of arbitrator under sub-section (6) of section 20F;

(b) the manner in which the amount shall be deposited with the competent authority under sub-sections (1) and (6) of section 20H;

(c) the manner of maintenance and administration of separate fund for the purposes of section 20M.]

1. Ins. by Act 11 of 2008, s. 3 (w.e.f. 31-1-2008)

Simplified Explanation

Section 20P of the Railways Act, 1989 empowers the Central Government to make rules for the effective implementation of the provisions in the chapter related to land acquisition for railway projects.

Key Provisions:

  1. Rulemaking Authority: The Central Government has the authority to create rules through notifications to support the objectives of this chapter.
  2. Specific Matters for Rulemaking: The rules can specifically cover, but are not limited to, the following areas:
    • Appointment of Arbitrators: The rules will govern the process and manner of appointing an arbitrator as specified in section 20F(6).
    • Deposit of Compensation: The rules will outline the process of depositing compensation amounts with the competent authority under sections 20H(1) and 20H(6).
    • Maintenance and Administration of Funds: The rules will provide guidelines for maintaining and managing a separate fund for the purposes of section 20M, particularly for sharing the difference in land price when the acquired land is sold for a higher price.

Implications:

  • Flexibility: This provision allows the Central Government to establish detailed procedures and administrative mechanisms that may be needed to address specific aspects of the land acquisition and compensation process.
  • Efficiency: By enabling the creation of detailed rules, the section ensures that the implementation of land acquisition processes is efficient, transparent, and fair.

Conclusion:

Section 20P gives the Central Government the power to make rules to ensure that the land acquisition process under the Railways Act is carried out effectively and in accordance with the broader framework established by the Act. The rules may address specific procedures regarding arbitrators, compensation deposits, and the management of funds for affected landowners.

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