Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 2 (11), 10(2)

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), Ss. 2 (11) & 10(2) read with Settlement Scheme No. VII (old Scheme), Para. 4, Chap. IV, sub-cl. (1) and Para. 5, Chap. V, Cl. (I)-Scheme-making power of Central Government Analogous to rule-making power under parent statute-Scheme to be prepared within four corners of Act and not inconsistent there with Legislature intended to provide manner for transfer of properties within urban areas and properties valued at more than Rs. 10,000 in rural areas as they stood on 14th August 1947-Addi tion of classification "First category" regarding extension of urban area limits since 14th August 1947 and manner of disposal of buildings in rural areas as those of urban areas-Held, tantamounts to extension of definition of word "urban" as given in S. 2 (11) and therefore ultra vires powers of Central Government. The scheme-making powers of the Central Government under the Displaced Persons (Compensation and Rehabilitation) Act, 1958 are analogous to the rule-making powers of the authorities under any other law and there is no distinction between them. The object of the rule-making powers under an Act is to autho rise the authority to do certain acts within the four corners of a statute. To the similar effect are the provisions of scheme-making power under this Act which have been delegated to the Central Government as well as to the Chief Settlement Commissioner. These authorities, however, cannot make inconsistent provisions under the Scheme so as to clothe them with the powers which the statute itself does not give. The Central Government has no power or authority to frame a Scheme for the disposal of rural properties below the value of Rs. 10,000 which fall under the extended limit of a Municipal Committee etc., after the 14th of August 1947 and all such properties have to be treated as properties situate in the "rural area". For the properties in the rural areas which fall under section 2 (11) of the Act no provisions were made in the beginning and the Old Scheme was introduced in 1961 for this purpose. By introducing the classification of areas in the first category…