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.
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.
(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
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
further that where any law makes any provision for the
(ii) in clause (2), for
sub-clause (a), the following sub-clause shall
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
Amendment of Ninth Schedule.- In the Ninth Schedule
The Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961
Andhra Pradesh (Telangana Area) Tenancy and Agricultural
Andhra Pradesh (Telangana Area) Ijara and Kowli
Assam Sate Acquisition of Lands Belonging to Religious or
Bihar Land Reforms (Amendment) Act, 1953 (Bihar Act XX of
Bihar Land Reforms (Fixation of Ceiling Area and Acquisi-
Bombay Taluqdari Tenure Abolition (Amendment) Act, 1954
Bombay Taluqdari Tenure Abolition (Amendment) Act, 1957
Bombay Inams (Kutch Area) Abolition Act, 1958 (Bombay Act
30. The Bombay
Tenancy and Agricultural Lands (Gujarat Amendment)
Gujarat Agricultural Lands Ceiling Act, 1960 (Gujarat Act
32. The Sagbara
and Mehwassi Estates (Proprietary Rights Abolition,
Gujarat Surviving Alienations Abolition Act, 1963 (Gujarat
Maharashtra Agricultural Lands (Ceiling on Holdings) Act,
Hyderabad Tenancy and Agricultural Lands (Re-enactment,
36. The Hyderabad
Tenancy and Agricultural Lands Act, 1950 (Hyderabad
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
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
Madras Occupants of Kudiyiruppu (Protection from Eviction)
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
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).
Orissa Merged Territories (Village Offices Abolition) Act,
Punjab Security of Land Tenures Act, 1953 (Punjab Act X of
55. The Rajasthan Tenancy Act, 1955 (Rajasthan Act III of 1955).
Rajasthan Zamindari and Biswedari Abolition Act, 1959
Kumaun and Uttarkhand Zamindari Abolition and Land Reforms
Uttar Pradesh Imposition of Ceilinng on Land Holdings Act,
59. The West
Bengal Estates Acquisition Act, 1953 (West Bengal Act I
West Bengal Land Reforms Act, 1955 (West Bengal Act X of
61. The Delhi Land Reforme Act, 1954 (Delhi Act VIII of 1954).
Delhi Land Holdings (Ceiling) Act, 1960 (Central Act 24 of
63. The Manipur Land
Revenue and Land Reforms Act, 1960
The Tripura Land Revenue and Land Reforms Act, 1960 (Central
acquisition made under the Rajasthan Tenancy Act,