Section 44 Land Acquisition Act 2013 - Commissioner for Rehabilitation and Resettlement

Section 44 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 requires the State Government to appoint a senior officer as Commissioner for Rehabilitation and Resettlement. The Commissioner supervises rehabilitation and resettlement schemes or plans, their proper implementation, and the post-implementation social audit.

Section 44 - Commissioner for Rehabilitation and Resettlement

Purpose of Section 44

Section 44 creates a State-level supervisory office for rehabilitation and resettlement under the 2013 Act. While the Administrator appointed under Section 43 has project-level responsibility for formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme, the Commissioner performs the wider supervisory role assigned by Section 44.

Who appoints the Commissioner?

Section 44(1) places the appointment duty on the State Government. The officer appointed must hold the rank of Commissioner or Secretary of that Government. The office is specifically designated as the Commissioner for Rehabilitation and Resettlement for affected families under the Act.

Supervision of rehabilitation and resettlement schemes

Under Section 44(2), the Commissioner is responsible for supervising both the formulation and proper implementation of rehabilitation and resettlement schemes or plans. This supervisory function is important because the Act treats rehabilitation and resettlement as a structured statutory process rather than merely a payment of land compensation.

Post-implementation social audit

Section 44(3) assigns responsibility for the post-implementation social audit to the Commissioner. In rural areas the audit is to be undertaken in consultation with the Gram Sabha, while in urban areas consultation is with the municipality. This provides a statutory mechanism for reviewing rehabilitation and resettlement after implementation with participation of the relevant local institution.

Meaning of Gram Sabha

The expression "Gram Sabha" is defined in Section 3 of the RFCTLARR Act by reference to the body consisting of persons registered in the electoral rolls relating to a village comprised within the area of a Panchayat at the village level. The applicable statutory definition and local government framework should be read together when Section 44(3) is implemented.

Meaning of municipality

For urban areas, Section 44(3) requires consultation with the municipality. Municipal institutions operate under the constitutional and State-law framework applicable to urban local government. The competent municipality will depend on the location of the affected and resettlement areas.

Relationship with Section 43 Administrator

Section 43 provides for an Administrator for Rehabilitation and Resettlement where the appropriate Government is satisfied that land acquisition is likely to cause involuntary displacement. Section 43(3) expressly places the Administrator's formulation, execution and monitoring functions under the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement.

Relationship with Section 45 project-level committee

Section 45 provides for a Rehabilitation and Resettlement Committee at the project level in the cases specified by that section. Together, Sections 43, 44 and 45 establish linked administrative, supervisory and project-level mechanisms for implementation and monitoring of rehabilitation and resettlement.

Rehabilitation and resettlement under the Act

The rehabilitation and resettlement framework extends beyond monetary compensation for acquired land. Depending on the statutory conditions and the affected family, the Act and its Schedules may provide rehabilitation and resettlement entitlements, infrastructural amenities, resettlement arrangements and special protections. The applicable award and scheme should therefore be examined with the relevant provisions, Schedules, rules and State notifications.

Official legal sources

For authoritative Central legislation and official material, refer to India Code and the Department of Land Resources, Ministry of Rural Development. The Department publishes the RFCTLARR Act, rules and related documents. Applicable State rules, amendments, appointment notifications and project-specific orders should also be verified.

Note: This article explains the Central provision generally. The identity, jurisdiction and administrative arrangements of the Commissioner may depend on current State Government notifications and applicable State rules.

Updated: October 2026