 btu no  eo of 1176 tille (oo~jqn (e~1)y~ ~~~) a ,1ulj·, ~~ mufu:rther to "mend the constitution of indi4 i - , > be it enacted by parliament in t4e 'l'wenty-$eventh year of the )tepuqlic of j~~a as f~llows:-1 this act' may be caued tbe ponstitution (forty-tecond amend-short ment) act, 1976  title s =- for article 297 -of iq~ c9nsutlltion, the fouowidg article shall be substitu _ _ -wbf~~, ;pmely:~ tion of new article for article 297 "297 (1) all'~s, ~~ andotber :th~s of value underlying ~e~an wi~hintl)eterritqrial w:aters, oj" the ,continental shelf, or the exclusive economic zone, of india shall vest in the union snd be held for the pu~poses of the union ~2~ 4,\11 ~ ~~ qf-tpe ~lsi~ re<!oppmic zone of india shall also vestin the union and"·hel,d·for tllepu~s of the union is (3) the ~ts of the territoj:ial wa~rs, the cqntinental shelf the exclusive economic zone and other maritime zones, of india shall be such as may be apecifted, from timeto·ume;by or under any law made by parliament" things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vestln the union amendment of the ninth sch'edul, 126 the essential commodities act, 1955 (central act in of 1955) 127 the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (central act 13 of 1976) 128 the bonded labour system (abolition) act, 1976 s (central act 19 of 1976) 129 the conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1976 (central act 20 of 1976) 130 the prevention of publication of objectionable matter 10 act, 1976 (central act 27 of 1976) 131 the levy sugar price equalisation fund act, 1976 (central act 31 of 1976) 132 the urban land (ceiling and regulation) act, 1976 (central act 33 of 1976) is 133 the departmentalisation of union accounts (transfer 6f personnel) act, 197~(central act 69 of 1976) 134 the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957) 135 the bombay tenancy and agricultural lands (vidarbha 20 region) act, 1958 (bombay act xcix of 1958) 136 the gujarat private forests (acquisition) act, 1972 (gujarat act 14 of 1973) 137 the haryana ceiling on land holdings (amendment) act, 1976 (haryana act 17 of 1976) 2 s 138 the himachal pradesh tenancy and land reforms act, 1972 (himachal pradesh act 8 of 1974): 139 the himachal pradesh village common lands vesting and utilization act, 1974 (himachal pradesh act 18 of 1974) 140 the karnaiaka land reforms (second amendment and 30 miscellaneous provisions) act, 1974 (karnataka act 31 of 1974) 141 the kamataka land reforms (second amendment) act, 1976 (karnataka act 27 of 1976) 142 the kerala prevention of eviction act, 1966 (kerala act 12 of 1966) ' 3s 143 the thiruppuvaram payment (abolition) act, 1969 (kerala act 19 of 1969) 144 the sreepadam lands enfranchisement act, 1969 (kerala act 20 of 1969) 145 the sree pandaravaka lands (vesting and enfranchise- 40 ment) act, 1971 (kerala act 20 of 1971)   146 the kerala private forests (vesting and assignment)' act, 1971 (kerala act 26 of 1971) 147 the kerala agricultural workers act, 1974 (kerala act 18 of 1974) 4s 148 the kerala cashew factories (acquisition) act, 1974 (kerala act 29 of 1974) 149 the kerala chitties act, 1975 (kerala act 23 of 1975) , ' s 10 150 the kerala scheduled tribes (restriction on transfer of lands and restoration of alienated lands) act, 19'75 (kerala act 31 of 1975), 151 the kerala land reforms (amendment) act, 1976 (kerala act 15 of 1976) 152 the kanam tenancy abolition act, 1976 (kerala act 16 of 1976) 153 the madhya pradesh ceiling on agricultural holdings (amendment) act, 1974 (madhya pradesh act 20 of 1974) 154 the madhya pradesh ceiling on agricultural holdings (amendment) act, 1975 (madhya pradesh act 2 of 1976) 155 the west khandesh, mehwassi estates (proprietary rights abolition, etc) regulation, '1961 (maharashtra regulatiol i of 1962) 15 20 30 35 4s 156 the maharashtra restoration of lands to scheduled tribes act, 1974 (maharashtra act xiv of 1975) 157 the maharashtra, agricultural lands (lowering of ceiling on holdings) and (amendment) act, 1972 (maharasbtra act xxi of 1975) 158 the maharashtra private forests (acquisition) act, 1975 (maharashtra act xxix of 1975) 159 the maharashtra agricultural lands (lowering of ceiling on holdings) and (amendment) amendment act, 1975 (maharashtra act xlvii of 1975) 160 the maharashtra agricultural lands (ceiling on holdings) (amendment) act, 1975 (maharashtra act n of 1976) 161 the orissa estates abolition act, 1951 (orissa act 1 of 1952) 162 the rajasthan colonisation act, 1954 (rajasthan act xxvii of 1954) 163 the rajasthan land reforms and acquisition of landowners' estates act, 1963 (rajasthan act 11 of 1964) 164 the rajasthan imposition of ceiling on agricultural ,holdings (amendment) act, 1976 (rajasthan act 8 of 1976) 165 the rajasthan tenancy (amendment) act, 1976 (rajasthan act 12 of 1976) ' '' 166 'the tamil nadu land reforms (reductior of ceiling on land) act, 197(} (tamil nadu act 17 of 1970) 167 the tamil nadu land reforms (fixation of ceiling on land) amendment act, l9i11 (tamil nadu act 41 of 1971) 168 the tamil n adu land reforms (fixation of ceiling on, land) am,enciment act, 1972 (tamil nadu act 10 of 1972) 169 the tamil n adu land refw-ms (fixation of ceiling on land) secondam~ndment act, 19'72 (tamil nadu act 20 of 1972) 170 the tamil nadu land reforms (fixation of ceiling on land) third amendment act, 1002 (tamil nadu act 37 of 1972) 171 the tamil nadu land reforms (fixation of ceiling on land) fourth amendment act, 1972 (tamil nadu act 39 of 1972) \72 the tamil nadu land r~onn, (rixation ,of celun'g bh land), ~th aptendment act, 1972 ('fami!" nadu act' 1 of 1974)\ 173 the tamil nadu land ~~, (nuo~ofeeiling on ·~andt flftb a:mendnieftt ~'(jt, 19'12 ~tamil nadn, act 10 of 1974), 174 the tamil nadu land reforms (fixatioftl'of ceiling on 3 td) i 'a2neadmellt: act; 1'9'f4!' (~il, nada act- 16' of 1974) 1"t~: the ~an\il nad~ !:and ref6rdls (pftattbfl' df' ~lmg oil jumal)' mnf'ame1l8inent' att, 1"'4 (tatitil nmli aet 30 of 1974<)  \ ~the, tamil zitldu lan~ refortns (fixation: of cellini on ~ kqnd,am~tact1d7 (tamil n'adu a't:t 32 of 1974),10 177 the tamil nadu land reforms (fixatigllw!of,ceiling on ~nd) amelldmat ad; 197$' ('l'amil nadu act 11 of 1975) 178: 'l'ne tamil nadii land-ltefanns' (fintioff' of ceiling ~ bl~~) seeond' a!menament1 act; 19t~ (tamil, nadu act 21 of'1975) is 175j am~el\ts made· to ,the uttar pradesh zaullndari abolition and ~j ltetoqu" ac,t; 19m" (uttar pradesh act 1 of 19;>1), by the utt~ pradesli laild 'i;aws (l\:menahi~nt) act 1~,r (utta,rpra4esh act 2i of llw1)11 an«ltheou-tta,{pradesh land laws (ainendment) act, 1",4' (uttar- pt~~· att 34~of 1974) 20 180;) the! utt~, pradet1a i~positign of, ceiling on land htkltap· (am"'ent) ad, 1978 (tjltar prad~sh act 20 af 1916)1 181 the west bengal land reforms (second  amendment) attj· lw7i'- (w i!st\ bengal; ad xxviii of ,1972) 25 182 the west bengal restoration of'mietlated;land act, ims' (weist b4!ftgll' ~t, xxiii' of, 1911s) 163\ th~",wes\ ~nga1 lal),d reforms' (alnendmtmt) act, 19'14 (west ben"l' act xxktn t of' 1994) ~ 184~ 1'het,wwt ~&illlandlteforms amendment act, 1975 30 (west bengal act xxm of 1975) 18& th~ wftt,btnga1; lqnd refqr-ms (ameudment) act, 1976 rtfet;t i beng~ i act  jill of it'll»; 186 'l'lledeu}1l-and hmdiftts' (cewnw) i amendment act, 1976 (central act 1!t of' 19v8~ 35 lf11 the· ~j  ~ and olu mimtlkars (piotection from eviction) act, 1975 (goa, daman and diu a~' 1, of" 1916)  i8&; the< pbn~rry ( rd·, refqrma (fixation of ceiling on land) act, 1973 (pondicherry act 9 of 1974) ;" t'tna~r;afticie~,i()r' the cdmtttutitm, "ltll" latfdl, niintnls' aad au 'things of value illid~tlyiwg the' d¢eatf whhlft' tlf' terril:c!ltim, watet-s ol: the contin£lntal shelf of>- india vest in the union to be held for the purposes of the union india has sovereign rights over the resources of the exclusive economic zone and is entitled to exercise jurisdiction in respect of certain other matters it is proposed to amend article 297 of the constitution so as to provide that all lands, minerals and other things of value un~rlying the ocean within the exclusive economic zone of india and all other resources of the exclusive economic zone of india shall also vest in the union and be held for the purposes of the union at present, the limits of territorial waters and the continental shelf are determined by proclamation issued by the president it is proposed that the limits of the territorial waters, the continental shelf, the exclusive economic zone and the maritime zones of india shall be as specified from time to time by or under law made by parliament 2 recourse was had in the past to the ninth schedule whenever it was found that progressive legislation conceived in the interest of the public was imperilled by litigation certain state legislations relating to land reforms and ceiling on agricultural land holdings have already been incluc\ed in the ninth schedule certain amendments made to these legislations also require protection of the provisions of article 31b inasmuch as in many cases such enactments have been challenged in courts and courts have granted interim reliefs which has hampered the implementation of the national land reform policy 3 besides these acts relating to land reforms certain state enactments relating to private forests require l'rotection of article 3lb as these enactments are progressive and beneficial pieces of legislation intended to end the monopoly of vested interests and forest contractors some of such legislations have been challenged in courts and as the courts have granted interim reliefs staying the operation of these enactments, the state governments have not been able to implement these legislations 4 certain central laws like the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, the urban lanc\ (ceiling and regulation) act, 1976, the essential commodities act, 1955 and certain provisions of the motor vehicles act, 1939 require protection of article 31b if these legislations are allowed to be challenged in courts of law thereby delaying the implementation of these laws, the very purpose of enactin'g these laws would be frustrated and the national economy may be severely affected these and other important and special enactments which it is considered necessary should have the constitutional protection are proposed to be includecl in the ninth schedule 5 the bill seeks to give effect to the above objects new delm; the 18th may, 1976  ex'l'raict from the constltution of india - • - • •297 all lands minerals and other thing of value underlying the ocean within the territorial waters or the continental shelf of india shall vest in the union and be held for the purposes of the union - - - - - things of value lying within territorial waters or continental shelf to vest in the union a bill further to amend the constitution of ·india (shri h r gokhale, minister of law, justice and company affairs) 