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Questions and Answers
What is the extent of a State Legislature's power to enact laws concerning compensation, rehabilitation, and resettlement for affected families under this Act?
What is the extent of a State Legislature's power to enact laws concerning compensation, rehabilitation, and resettlement for affected families under this Act?
- Limited to the compensation amounts specified in this Act.
- States can only make changes with express permission from the Central Government.
- States cannot make additional laws regarding compensation, rehabilitation, and resettlement.
- States may enact any law to enhance or add to the entitlements, providing higher compensation or more beneficial rehabilitation and resettlement than this Act. (correct)
Under what conditions can affected families choose between compensation and rehabilitation packages offered by the Central Act versus those offered by a State law or policy?
Under what conditions can affected families choose between compensation and rehabilitation packages offered by the Central Act versus those offered by a State law or policy?
- The choice of compensation packages is solely determined by the appropriate Government.
- Affected families must accept the central act's compensation.
- Affected families can choose the higher package if the State law or policy offers a higher compensation or more beneficial rehabilitation and resettlement options. (correct)
- Affected families must adhere to whichever package was initiated first.
What is the role of the appropriate Government in the context of this Act?
What is the role of the appropriate Government in the context of this Act?
- To provide financial assistance to affected families.
- To arbitrate disputes between affected families and corporations.
- To make rules for carrying out the provisions of this Act, subject to the other provisions. (correct)
- To make and enforce judgements regarding fair compensation amounts.
What procedural requirement is specified for rules made by the Central Government under this Act?
What procedural requirement is specified for rules made by the Central Government under this Act?
What procedural safeguard is required for the rules framed by the State Government under this Act?
What procedural safeguard is required for the rules framed by the State Government under this Act?
Prior to the finalization of rules under this Act, what condition must be met by both the Central and State Governments?
Prior to the finalization of rules under this Act, what condition must be met by both the Central and State Governments?
Under what circumstances can the Central Government exercise its power to remove difficulties related to the implementation of this Act?
Under what circumstances can the Central Government exercise its power to remove difficulties related to the implementation of this Act?
What procedural step is required after the Central Government issues an order to remove difficulties in implementing the provisions of this Act?
What procedural step is required after the Central Government issues an order to remove difficulties in implementing the provisions of this Act?
What happens to the Land Acquisition Act of 1894 as a result of this Act?
What happens to the Land Acquisition Act of 1894 as a result of this Act?
If a State law offers more favorable rehabilitation and resettlement provisions than this Act, what options do affected families have?
If a State law offers more favorable rehabilitation and resettlement provisions than this Act, what options do affected families have?
What is the primary purpose of laying the rules made by the Central Government before each House of Parliament?
What is the primary purpose of laying the rules made by the Central Government before each House of Parliament?
What is the significance of requiring 'previous publication' of rules by the Central and State Governments?
What is the significance of requiring 'previous publication' of rules by the Central and State Governments?
Why is the power of the Central Government to remove difficulties limited to two years?
Why is the power of the Central Government to remove difficulties limited to two years?
What considerations should the Central Government keep in mind when issuing directions to remove difficulties?
What considerations should the Central Government keep in mind when issuing directions to remove difficulties?
If a State wants to provide affected families with certain additional benefits that are not already in the Act, is it permissible?
If a State wants to provide affected families with certain additional benefits that are not already in the Act, is it permissible?
If a State law offers more beneficial rehabilitation and resettlement provisions, what is the affected family’s recourse?
If a State law offers more beneficial rehabilitation and resettlement provisions, what is the affected family’s recourse?
Under this Act, rules made by the State Government must be laid before the State Legislature. What does this process primarily ensure?
Under this Act, rules made by the State Government must be laid before the State Legislature. What does this process primarily ensure?
While framing rules, what kind of approach are the Central and State Governments expected to follow?
While framing rules, what kind of approach are the Central and State Governments expected to follow?
In case of a difficulty in implementing the Act, the Central Government is empowered to provide necessary directions. Which of the following conditions apply?
In case of a difficulty in implementing the Act, the Central Government is empowered to provide necessary directions. Which of the following conditions apply?
With the advent of this Act, what became the fate of the Land Acquisition Act, 1894?
With the advent of this Act, what became the fate of the Land Acquisition Act, 1894?
Flashcards
State laws' power
State laws' power
States can enact laws that provide higher compensation or more beneficial rehabilitation and resettlement terms than this Act.
Option for better terms
Option for better terms
Affected persons can choose between the compensation and rehabilitation terms offered under this Act or those provided by state law/policy, whichever is better.
Power to make rules
Power to make rules
The relevant government can create rules to enact the provisions of this Act.
Parliamentary review
Parliamentary review
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State Legislature review
State Legislature review
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Prior publication
Prior publication
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Power to remove difficulties
Power to remove difficulties
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Repeal of older Act
Repeal of older Act
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Study Notes
- State legislatures can enact laws that provide more benefits to affected families, enhancing entitlements, compensation, rehabilitation, and resettlement beyond what is offered in this Act.
Option for Better Compensation
- Affected families can choose higher compensation and R&R under state law if it's better than what's calculated under this Act.
- Affected families can opt for more beneficial rehabilitation and resettlement provisions under state law if they exceed those provided in this Act.
Rule-Making Powers
- Appropriate governments can create rules, via notification, to implement the provisions of this Act.
- Central Government rules must be presented before both Houses of Parliament.
- State Government rules must be presented before the State Legislature.
Publication of Rules
- Central and State Government rule-making is conditional on previous publication of the rules.
Addressing Difficulties
- The Central Government can issue orders or directions to resolve difficulties in implementing this Part, as long as they are consistent with the Act.
- This power expires two years after the Act's commencement.
- Every order made to remove difficulties must be presented before both Houses of Parliament.
Repeal
- The Land Acquisition Act of 1894 is repealed.
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