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THE CONSTITUTION (SEVENTEENTH AMENDMENT) ACT, 1964 Statement of Objects and Reasons
appended to the Constitution STATEMENT OF OBJECTS AND REASONS Article 31A of the Constitution provides that a law in respect of the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights shall not be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14, article 19 or article 31. The protection of this article is available only in respect of such tenures as were estates on the 26th January, 1950, when the Constitution came into force. The expression "estate" has been defined differently in different States and, as a result of the transfer of land from one State to another on account of the reorganisation of States, the expression has come to be defined differently in different parts of the same State. Moreover, many of the land reform enactments relate to lands which are not included in an estate. Several State Acts relating to land reform were struck down on the ground that the provisions of those Acts were violative of articles 14, 19 and 31 of the Constitution and that the protection of article 31A was not available to them. It is, therefore, proposed to amend the definition of "estate" in article 31A of the Constitution by including therein, lands held under ryotwari settlement and also other lands in respect of which provisions are normally made in land reform enactments. It is further proposed to provide that where any law makes a provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure provides for payment of compensation at a rate not less than the market value thereof.2. It is also proposed to
amend the Ninth Schedule by including 3. The Bill seeks to achieve these objects. NEW DELHI; A. K. SEN. The 30th April, 1964. THE CONSTITUTION (SEVENTEENTH AMENDMENT) ACT, 1964
[20th June, 1964.] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Fifteenth
Year of the Republic of 1. Short title.-This Act may be called
THE CONSTITUTION (Seventeenth 2. Amendment of article 31A.-In article 31A of
the Constitution,- (i) in clause (1), after the existing proviso,
the following proviso "Provided further that where
any law makes any provision for the (ii) in clause (2), for sub-clause (a), the following
sub-clause shall `(a) the expression "estate"
shall, in relation to any local area, (i) any jagir, inam or muafi or other similar
grant and in the States (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of
agriculture or for purposes 3. Amendment of Ninth
Schedule.- In the Ninth Schedule to the "21. The Andhra Pradesh
Ceiling on Agricultural Holdings Act, 1961 22. The Andhra Pradesh
(Telangana
Area) Tenancy and Agricultural 23. The Andhra Pradesh
(Telangana Area) Ijara and Kowli Land 24. The Assam Sate Acquisition of
Lands Belonging to Religious or 25. The Bihar Land Reforms
(Amendment) Act, 1953 (Bihar Act XX of 26. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisi- 27. The Bombay Taluqdari
Tenure Abolition (Amendment) Act, 1954 28. The Bombay Taluqdari
Tenure Abolition (Amendment) Act, 1957 29. The Bombay Inams
(Kutch Area)
Abolition Act, 1958 (Bombay Act 30. The Bombay Tenancy and Agricultural
Lands (Gujarat Amendment) 31. The Gujarat Agricultural Lands
Ceiling Act, 1960 (Gujarat Act 32. The Sagbara and Mehwassi Estates
(Proprietary Rights Abolition, 33. The Gujarat Surviving
Alienations Abolition Act, 1963 (Gujarat 34. The Maharashtra Agricultural
Lands (Ceiling on Holdings) Act, 35. The Hyderabad Tenancy and
Agricultural Lands (Re-enactment, 36. The Hyderabad Tenancy and Agricultural
Lands Act, 1950 (Hyderabad 37. The Jenmikaram Payment (Abolition)
Act, 1960 (Kerala Act III of 38. The Kerala Land Tax Act, 1961 (Kerala Act XIII of 1961). 39. The Kerala Land Reforms Act, 1963 (Kerala Act I of 1964). 40. The Madhya Pradesh Land Revenue Code, 1959
(Madhya Pradesh Act XX 41. The Madhya Pradesh Ceiling on
Agricultural Holdings Act, 1960 42. The Madras Cultivating Tenants
Protection Act, 1955 (Madras Act 43. The Madras Cultivating Tenants
(Payment of Fair Rent) Act, 1956 44. The Madras Occupants of
Kudiyiruppu (Protection from Eviction) 45. The Madras Public
Trusts (Regulation of Administration of 46. The Madras Land Reforms (Fixation of
Ceiling on Land) Act, 1961 47. The Mysore Tenancy Act, 1952 (Mysore Act XIII of 1952). 48. The Coorg Tenants Act. 1957 (Mysore Act XIV of 1957). 49. The Mysore Village Offices Abolition Act,
1961 (Mysore Act XIV of 50. The Hyderabad Tenancy and
Agricultural Lands (Validation) Act, 51. The Mysore Land Reforms Act, 1961 (Mysore Act X of 1962). 52. The Orissa Land Reforms Act, 1960 (Orissa Act XVI of 1960). 53. The Orissa Merged Territories
(Village Offices Abolition) Act, 54. The Punjab Security of Land
Tenures Act, 1953 (Punjab Act X of 55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955). 56. The Rajasthan Zamindari
and Biswedari Abolition Act, 1959 57. The Kumaun and Uttarkhand
Zamindari Abolition and Land Reforms 58. The Uttar Pradesh Imposition of
Ceilinng on Land Holdings Act, 59. The West Bengal Estates Acquisition
Act, 1953 (West Bengal Act I 60. The West Bengal Land
Reforms Act, 1955 (West Bengal Act X of 61. The Delhi Land Reforme Act, 1954 (Delhi Act VIII of 1954). 62. The Delhi Land Holdings
(Ceiling) Act, 1960 (Central Act 24 of 63. The Manipur Land Revenue and Land Reforms
Act, 1960 64. The Tripura Land Revenue
and Land Reforms Act, 1960 (Central Explanation.-Any acquisition made under
the Rajasthan Tenancy Act, |