Discretion Analysis Matrix of Change of Land Use

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