Discretion Analysis

Law Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006,
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 0
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 20
Available 28
SCORE 71.43%
Law The Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 0
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 0
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 1
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 20
Available 28
SCORE 71.43%
Law The Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963 The Haryana Development and Regulation of Urban Areas Act, 1975
Does the legislation delegate rule-making powers to the executive? Yes Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA 0
Does the legislation confer upon the executive the authority to grant approval/licence? Yes Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1 1
Are there any arbitrary conditions laid down for the grant of approval? 1 1
Are there any excessive conditions laid down for the grant of approval? 1 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 1 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1 1
Is there a limitation period within which the aggrieved has to file an appeal? 1 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0 1
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1 1
Are these conditions/criteria clear and unambiguous? 1 1
Are any of these criteria for breach arbitrary? 1 1
Are any criteria for breach excessive? 1 1
Are all the measures proportionate to the breach? 1 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 1 1
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 1 1
Does the legislation allow for appeal against the decisions of the enforcement authority? 1 1
Is there a limitation period within which the aggrieved has to file an appeal? 1 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0 1
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA NA
Does the Act provide for an independent appeal mechanism? 0 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1 1
TOTAL 23 24
Available 28 29
SCORE 82.14% 82.76%
Law Karnataka Land Revenue Act, 1964
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 0
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 1
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 1
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 21
Available 29
SCORE 72.41%
Law Kerala Conservation of Paddy Land and Wetland Act, 2008 (This sheet is limited to the provisions that deal with conversion of unnotified paddy land (section 27A, rule 12). Notified paddy land can only be convereted for the construction of residentail buildings (section 9, rule 5) and for public purposes (section 10, rule 5).
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 0
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 0
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 0
Are there any excessive conditions laid down for the grant of approval? 0
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? NA
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? NA
Are these conditions/criteria clear and unambiguous? NA
Are any of these criteria for breach arbitrary? NA
Are any criteria for breach excessive? NA
Are all the measures proportionate to the breach? NA
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? NA
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? NA
Does the legislation allow for appeal against the decisions of the enforcement authority?
Is there a limitation period within which the aggrieved has to file an appeal? NA
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 7
Available 16
SCORE 43.75%
Law M. P. Land Revenue Code The M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973
Does the legislation delegate rule-making powers to the executive? Yes Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0 0
Does the legislation confer upon the executive the authority to grant approval/licence? No Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? NA 1
Does the legislation or subordinate legislation define criteria for grant of approval? NA 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? NA 1
Are there any arbitrary conditions laid down for the grant of approval? NA 1
Are there any excessive conditions laid down for the grant of approval? NA 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? NA 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? NA 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? NA 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? NA 1
Is there a limitation period within which the aggrieved has to file an appeal? NA 1
Has the appellate authority been empowered to condone the delay in appropriate cases? NA 1
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1 1
Are these conditions/criteria clear and unambiguous? 1 1
Are any of these criteria for breach arbitrary? 1 1
Are any criteria for breach excessive? 1 1
Are all the measures proportionate to the breach? 1 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 1 1
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 1 1
Does the legislation allow for appeal against the decisions of the enforcement authority? 1 1
Is there a limitation period within which the aggrieved has to file an appeal? 1 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 1 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA NA
Does the Act provide for an independent appeal mechanism? 1 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1 1
TOTAL 15 22
Available 17 29
SCORE 88.24% 75.86%
Law Maharashtra Land Revenue Code, 1966
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? 1
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for NA
delay?" 1
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 1
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
   
TOTAL 24
Available 30
   
SCORE 80.00%
Law The Orissa Land Reforms Act, 1960
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 0
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 0
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 0
Are there any arbitrary conditions laid down for the grant of approval? 0
Are there any excessive conditions laid down for the grant of approval? 0
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 0
Has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 0
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 0
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 0
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 0
Is there a limitation period within which the aggrieved has to file an appeal? NA
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 7
Available 24
SCORE 29.17%
Law The Punjab Regional and Town Planning and. Development Act, 1995
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 0
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 0
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 0
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 0
Is there a limitation period within which the aggrieved has to file an appeal? NA
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 16
Available 25
SCORE 64.00%
Law Rajasthan Land Revenue Act 1956
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence?
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 0
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 0
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 18
Available 29
SCORE 62.07%
Law Tamil Nadu Town and Country Planning Act, 1971
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 0
Are there any arbitrary conditions laid down for the grant of approval? 0
Are there any excessive conditions laid down for the grant of approval? 0
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 0
Is there a limitation period within which the aggrieved has to file an appeal? NA
Has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 0
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 0
Is there a limitation period within which the aggrieved has to file an appeal? NA
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 10
Available 23
SCORE 43.48%
Law The U.P. Zamindari Abolition and Land Reforms Act, 1950
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? 1
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 0
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 0
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 0
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 0
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 18
Available 30
SCORE 60.00%
Law The West Bengal Land Reforms Act, 1955
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 0
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? NA
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 0
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 0
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 0
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 0
Has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 0
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 0
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 0
Does the legislation allow for appeal against the decisions of the enforcement authority? 0
Is there a limitation period within which the aggrieved has to file an appeal? NA
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? NA
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? NA
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 1
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 14
Available 24
SCORE 58.33%
Law The Himachal Pradesh Town and Country Planning Act, 1977
Does the legislation delegate rule-making powers to the executive? Yes
Are the rule-making heads for the subordinate legislation enumerated in the parent legislation? 1
Does the legislation grant the executive (rule-making authority) power to give retrospective effect to the subordinate legislation? 1
Does the parent legislation introduce a residual clause as one of its rule-heads? 0
Does the legislation confer upon the executive the authority to grant approval/licence? Yes
Does the legislation or subordinate legislation identify the decision-making authority for granting approval/ licence? 1
Does the legislation or subordinate legislation define criteria for grant of approval? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for approval to the executive? 1
Are there any arbitrary conditions laid down for the grant of approval? 1
Are there any excessive conditions laid down for the grant of approval? 1
Does the legislation or subordinate legislation set a time limit for grant of approval/licence? 1
Does the legislation or subordinate legislation mandate the decision-making authority to provide reasons in writing (for denial or approval)? 1
Does the legislation or subordinate legislation mandate a pre-decisional hearing (or issuance of a show-cause notice) in case of denial of approval? 1
Does the legislation or subordinate legislation allow for appeal against the decision on denial of approval? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
Has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation or subordinate legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
"Can the appellate authority extend the time limit if there is a reasonable cause for
delay?" NA
Does the legislation or or subordinate legislation define the criteria for a breach? 1
Does the legislation or subordinate legislation delegate the power to define the criteria for a breach to the executive? 1
Are these conditions/criteria clear and unambiguous? 1
Are any of these criteria for breach arbitrary? 1
Are any criteria for breach excessive? 1
Are all the measures proportionate to the breach? 1
Does the legislation mandate the enforcement authority to provide reasons for its decision in writing? 1
Does the legislation mandate a pre-decisional hearing (or issuance of show cause notice)? 1
Does the legislation allow for appeal against the decisions of the enforcement authority? 1
Is there a limitation period within which the aggrieved has to file an appeal? 1
If yes, has the appellate authority been empowered to condone the delay in appropriate cases? 0
Does the legislation prescribe the time-limit within which the appellate authority must dispose of the appeal? 0
Can the appellate authority extend the time limit if there is a reasonable cause for delay? NA
Does the Act provide for an independent appeal mechanism? 0
Does the legislation introduce provisions that are redundant, archaic or out-dated? 1
TOTAL 23
Available 29
SCORE 79.31%