 bill no 46 of 1964 the constitijtion (nineteenth amendment) bill, j964a  billfurther to amend the constitution of india bid it·enacted by parliament in the filteentb year of tbe repulnic of india as follows-:-i 'phis- act may be called the constitution (nineteen:th amend- short m'8nt~ act, 19&t title 2 in article 31a of the constitution,-s amendfollowing ment of article (i) in cla~se (1), after the' e»isting ppovisct; the previso ~aube inserted, namely:-ala 10-is "provided further that where any law makes any provision for the acquisition by the state of any estate and where any land comprihd therein is- held by a persen under his personaa cultivation, it shall not be lawful for the state to acquire any portion of sum land as is within the ceiling limit applicable to him uncle;: 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 which shall not be less than the market value thereof"; (ii) in clatj:!e (2), for sub-clause (a), the following sub-, clause 111 be §ubstituted and shall be deemed always to have been substituted namely:-- (a) the expression "estate" shall, in relation to any local area, have the same meaning as that expression or its s 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 r~; w (ii) any land held under ryotwari s,ettlement; (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, agrtcul- 1$ tural labourers and village artisans;' 3 in the ninth schedule to the constitution after entry 20, the following entries shall be added, namely:-amendment of ninth schedule "21 the andhra pradesh ceiling on agricultural holdings ad, 1961 (andhra pradesh act x of 1961) ~ 22 the andhra pradesh (telangana area) tenancy and agricultural lands (validation) act, 1961 (andhra pj:adesh act xxi of 1961) 23 the andhra pradesh (telangana area) ijara and kowli land cancellation of irregular pattas and abolition of 35 concessional assessment act, 1961 (andhra pradesh act ~i of 1961) 24 the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 (assam act ix of 1961) 30  25 the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954) 26 the bihar land reforms (fixation of ceiling area and acquisition of surplu~ land) act, 1961 (bihar act xii of 1962), (except section 28 of this act) 3s 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 (kutch area) 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 10 act xxvn 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 is (gujarat act xxxiii of 1003) 34 the maharashtra agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvii of 1961) 35 the hyderabad tenancy and agricultural lands (reenactment, validatio~ and further amendment) act, 1961 (maharashtra act xlv of 1961) 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 1961) 38 the kerala land tax act, 1961 (kerala act xiu 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 of 1959) 41 the madhya pradesh ceiling on agricwtural hcildings act, 1960 (madhya pradesh act xx of 1960) s 42 the madras cultivating tenants protection act, 1955 (madras act xxv of 1955) -48 the madras cultivating tenants (payment of fair rent) act, 1956 (madras act xxiv of 1966) 44 the madras occupants of kucliyiruppu (protection from 10 eviction) act 1961 (madras act  xxxvm of 1961) 45 the madras public trusts (regulation of administration of agricultural lands) act, 1961 (madras act lvii of 1181)  46 the madras land reforms (fixation of ceiling on land) is act, 1961 (madras act lviii of 1961) 47 the mysore tenancy act, 1952 (mysore act xiii of 1952) 48 thecoorg tenants act, 1957 (mysore act ,xiv of 1957) 49 the mysore village offices abolition act, 1961 (mysore act xiv of 1961) 20 50 the hyderabad tenancy and agricultural ·lands (validation) act, 1961 (mysme act~i of 1'961) 51 the mysore land reforms act, 1961 (mysoo:e act x of 1962) 52 the orissa land reforms act, 1960 (orissa act xvi 25 of 196o) 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 1q&3) 55 the rajasthan tenancy act, 1955 (rajasthan act iii of 19m) 36 the rajasthan zaminciari and biswedariaboljtiqnact, 1959 (rajasthan act viii of 1959) 57 the 'kumaun ·and uttarakhand zamindari aboliti9d jnd land r~orms act, tt60 (uttar pradesh act xvii of li¥jo)  58 the ~utiar pradesh :impositioo of ceiling on land holdings 10 aet,1960 ,(uttar pradeshactiof 1961) 59  the west bengal estates acquisj,tion act, 19513 (west bengal act i of 1954) 60 !]jhe west bengal land reforms act, 1955 (west 'bengal act x of '1956)  js 61 l'ae delhi lmld reforms act, )an)4(delhi aet 'vfli -of 19m) 62 the delhi land hqldinss (ceuil\i) act, ls6o(central act 24 of 1960) 63 the manipur land revenue and land reforms act, 1960 20 (centralact ,33 of 196o) 64 the tripura land revenue and land reforms act, 1960 (central act 43 of 1960) expla,ticm_al!y acquisition made und~ the rajasthan tenancy act 1955 <rajasthan act iii of 1955), m contraventipn of 25 the second p~oviso to clause (1) of article 31a shall to tbeutellt of the contravention, be void" 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, artide 19 or ar,ticle 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 th~· 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 artic'les 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 cuitivation, 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 therein certain state enactments rellating to land ·reform in order to remove any uncertainty or doubt that may arise in regard to their validity 3 the bill seeks to achieve these objects a k sen  new dui; the 30th april, 1964  extract from the consti11jtion of india   - 31a (1) '"   - (2) in this article,-savini of law providingfor acqulaition otestatel, etc (4) 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 any jagir, inam or mauafi or other similar grant and in the states of madras and kerala, any janmam right; - - - - a bill further to amend the constitution of india   (shri asoke k sen, minister 01 laro) 