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
respect of such tenures as were estates on the 26th January, 1950,
when the Constitution came into force. The expression "estate"
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
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
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
makes a provision for the acquisition by the State of any estate and
where any land comprised therein is held by a person
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
standing thereon or appurtenant thereto, unless the law relating to
the acquisition of such land, building or structure provides
payment of compensation at a rate not less than the market
2. It is also proposed to
amend the Ninth Schedule by including
therein certain State enactments relating to land reform in order to
remove any uncertainty or doubt that may arise in regard to
3. The Bill seeks to achieve these objects.
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
India as follows:-
1. Short title.-This Act may be called
THE CONSTITUTION (Seventeenth
Amendment) Act, 1964.
2. Amendment of article 31A.-In article 31A of
(i) in clause (1), after the existing proviso,
the following proviso
shall be inserted, namely:-
"Provided further that where
any law makes any 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 portion of 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
appurtenant thereto, unless the law relating to the acquisition of
such land, building or structure, provides for payment of compensation
at a rate which shall not be less than the market value thereof.";
(ii) in clause (2), for sub-clause (a), the following
be substituted and shall be deemed always to have been substituted,
`(a) the expression "estate"
shall, in relation to any local area,
have the same meaning as that expression or its local equivalent has
in the existing law relating to land tenures in force in that area and
shall also include-
(i) any jagir, inam or muafi or other similar
grant and in the States
of Madras and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(iii) any land held or let for purposes of
agriculture or for purposes
ancillary thereto, including waste land, forest land, land for pasture
or sites of buildings and other structures occupied by cultivators of
land, agricultural labourers and village artisans;'.
3. Amendment of Ninth
Schedule.- In the Ninth Schedule to the
Constitution, after entry 20, the following entries shall be added,
"21. The Andhra Pradesh
Ceiling on Agricultural Holdings Act, 1961
(Andhra Pradesh Act X of 1961).
22. The Andhra Pradesh
Area) Tenancy and Agricultural
Lands (Validation) Act, 1961 (Andhra Pradesh Act XXI of 1961).
23. The Andhra Pradesh
(Telangana Area) Ijara and Kowli Land
Cancellation of Irregular Pattas and Abolition
Assessment Act, 1961 (Andhra Pradesh Act XXXVI of 1961).
24. The Assam Sate Acquisition of
Lands Belonging to Religious or
Charitable Institution of Public Nature Act, 1959 (Assam Act IX of
25. The Bihar Land Reforms
(Amendment) Act, 1953 (Bihar Act XX of
26. The Bihar Land Reforms
(Fixation of Ceiling Area and Acquisi-
tion of Surplus Land) Act, 1961 (Bihar Act XII of 1962),
section 28 of this Act).
27. The Bombay Taluqdari
Tenure Abolition (Amendment) Act, 1954
(Bombay Act I of 1955).
28. The Bombay Taluqdari
Tenure Abolition (Amendment) Act, 1957
(Bombay Act XVIII of 1958).
29. The Bombay Inams
Abolition Act, 1958 (Bombay Act
XCVIII of 1958).
30. The Bombay Tenancy and Agricultural
Lands (Gujarat Amendment)
Act, 1960 (Gujarat Act XVI of 1960).
31. The Gujarat Agricultural Lands
Ceiling Act, 1960 (Gujarat Act
XXVII of 1961).
32. The Sagbara and Mehwassi Estates
(Proprietary Rights Abolition,
etc.) Regulation, 1962 (Gujarat Regulation I of 1962).
33. The Gujarat Surviving
Alienations Abolition Act, 1963 (Gujarat
Act XXXIII of 1963), except in so far as this Act relates
alienation referred to in sub-clause (d) of clause (3) of section 2
34. The Maharashtra Agricultural
Lands (Ceiling on Holdings) Act,
1961 (Maharashtra Act XXVII of 1961).
35. The Hyderabad Tenancy and
Agricultural Lands (Re-enactment,
Validation and Further Amendment) Act, 1961 (Maharashtra Act XLV
36. The Hyderabad Tenancy and Agricultural
Lands Act, 1950 (Hyderabad
Act XXI of 1950).
37. The Jenmikaram Payment (Abolition)
Act, 1960 (Kerala Act III of
38. The Kerala Land Tax Act, 1961
XIII of 1961).
39. The Kerala Land Reforms Act, 1963
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
(Madhya Pradesh Act XX of 1960).
42. The Madras Cultivating Tenants
Protection Act, 1955 (Madras Act
XXV of 1955).
43. The Madras Cultivating Tenants
(Payment of Fair Rent) Act, 1956
(Madras Act XXIV of 1956).
44. The Madras Occupants of
Kudiyiruppu (Protection from Eviction)
Act, 1961 (Madras Act XXXVIII of 1961).
45. The Madras Public
Trusts (Regulation of Administration of
Agricultural Lands) Act, 1961 (Madras Act LVII of 1961).
46. The Madras Land Reforms (Fixation of
Ceiling on Land) Act, 1961
(Madras Act LVIII of 1961).
47. The Mysore Tenancy Act, 1952
XIII of 1952).
48. The Coorg Tenants Act. 1957
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,
1961 (Mysore Act XXXVI of 1961).
51. The Mysore Land Reforms Act, 1961
Act X of 1962).
52. The Orissa Land Reforms Act, 1960
Act XVI of 1960).
53. The Orissa Merged Territories
(Village Offices Abolition) Act,
1963 (Orissa Act X of 1963).
54. The Punjab Security of Land
Tenures Act, 1953 (Punjab Act X of
55. The Rajasthan Tenancy Act, 1955
Act III of 1955).
56. The Rajasthan Zamindari
and Biswedari Abolition Act, 1959
(Rajasthan Act VIII of 1959).
57. The Kumaun and Uttarkhand
Zamindari Abolition and Land Reforms
Act, 1960 (Uttar Pradesh Act XVII of 1960).
58. The Uttar Pradesh Imposition of
Ceilinng on Land Holdings Act,
1960 (Uttar Pradesh Act I of 1961).
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
(Central Act 33 of 1960).
64. The Tripura Land Revenue
and Land Reforms Act, 1960 (Central
Act 43 of 1960).
Explanation.-Any acquisition made under
the Rajasthan Tenancy Act,
1955 (Rajasthan Act III of 1955), in contravention of the
proviso to clause (1) of article 31A shall, to the extent of
contravention, be void.".