 8w; no z, of 1"3- the constitution tseventeenth amendment) bill, 1963 a billfurther to amend the cotjstitution of india be it enacted by parliament in the fourteeilith year of the republic ot india as follows:-- 1 this act may be called the constitution (seventeenth amend- shon title ment) act, 1963 - s 2 in article 31a of the constitution, in clause (2), for sub-clause amendment (a) ,the following sub-clause shall be substituted and shall be of article 31a 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 local 10 equivalent has in the existing law relating to land tenures in force in that area and shall also include-(i) any ;agir, 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; is " ' '(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture and sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans' 20 3 in the ninth schedule to the constitution, after entry 20, the am~ent following entries shall be added, namely:-~h~l~~~ "21 the andhra pradesh (andhra area) est8ltes (abolition and conversion into ryotwari) act, 1948 (madras act xxvi of 1948) 22 the andhra pradesh ceiling on agricultural holdings act, 1961 (andlira eradesh act x of 1961) 23 the andhra pradesh (telangana area) jagirll (commutation) regulation, (amendment) act, 1961 (andhra pradesh act xviii of 1961) 24 the andhra pradesh (telangana area) ijara and kowli - land cancellation of irregular pattas and abolition of concessional assessment act, 1961 (andhra pradesh act 5 xxxvi of 1961) 25 the assam state acquisition of zamindarh act, 1951 (assam act xviii of 1951) 26 the assam fixation of ceiling on land holdings act, 1956 (assam act i of 1957) 10 27 the assam state acquisition of lands belonging to religious or charitable institution of public nature act, 1959 (assam· act ix of 1961) - 28 - the assam consolidation of holdings act, 1960, (assam act xix of 1961) is 29 the bihar land reforms (amendment) act, 1953 (bihar act xx of 1954) 30 the bihar land reforms (amendment) act, 1959 (bihar act xvi of 1))59) 31 the bihar land reforms (fixation of ceiling area and 20 acquisition of surplus land) act, 1961 (bihar act xii of 1962) 32 the bombay bhagdari and narwadari tenures abolition act, 1949 (bombay act xxxii of 1949) 33 the bombay watwa vazifdari rights abolition act, 1950 2s (bombay act lxii of 1950) 34 the bombay tenancy and agricultural lands (amendment) act, 1951 (bombay act xii of 1951) 35 the bombay tenancy and agricultural lands (second amendment) act, 1951 (bombay act xxxiv of 1951) 30 - 36 the bombay tenancy and agricultural lands (third amendment) act, 1951 (bombay act xlv of"1951) 37 the salsette estates (land reve~' ixemptiod abolttlod) act, 1951 (bombay act xlv~,ow • 't;!'"' 38 ·rile "bombay land tenures abolition (compensation application extension of date) (amendment) act, 1952 (bombay act iii of 1952) 5 39 the bombay tenancy and agricultural lands (amendment) act, 1952 (bombay act xxxiii of 1952) 40 the bombay saranjam jahagirs and other inams of political nature resumption rules, 1952 41 the bombay land tenures abolition (amendment) act, 1953 (bombay act xxxviii of 1953) 10 42 the bombay personal inams abolition act, 1952 (bombay act xlii of 1953) 43 the bombay merged territories (ankadia tenure abolition) act, 1953 (bombay act xliii of 1953) 44 the bombay kauli and katuban tenures (abolition) act, 15 1953 (bombay act xliv of 1953) 45 the bombay merged territories (baroda mulgiras tenure abolition) act, 1953 (bombay act xlv of 1953) 46 the bombay merged territories (baroda watan abolition) act, 1953 (bombay act xlvi of 1953) 20 1,7 the bombay· merged territories matadari tenure abolition act, 1953 (bombay act xlviii of 1953) 48 the bombay land tenures abolition (recovery of records) act, 1953 (bombay act l of 1953) 49 the bombay tenancy and agricultural lands (amendment) act, 1953 (bombay act lx of 1953) so the bombay ~ervice inams (useful to community) abolition act, 1953 (bombay act lxx of 1953) 5] the bombay merged territories (janjira and bhor) khoti tenure abolition act, 1953 (bombay act lxxi of 1953) 52 the bombay (okhamandal salami tenure abolition) act, 1953 (bombay act i of 1954) 53 the bombay pargana and kulkarni watans (abolition) amendment act, 1954 (bombay act xxix of 1954) 54 the bombay merged territories and areas (jagirs abolition) act, 1953 (bombay act xxxix of 1954) 3s s the bombay amending act, ·19{)~ (bombay act lviii of 1954) 56 the bombay service inams useful to community (gujarat and konkan) resumptiqn rules, 1954 57 the bombay taluqdari tenure abolition (amendment) act 1954 (bombay act i of 1955) 58 the bombay bhil naik inams abolition act 1955 (bombay 5 act xxi of 1955) 59 the bombay merged territories miscellaneous alienations abolition act, 19~ (bombay act xxii of 1955) 60 the bombay shilotri rights (kolaba) abolition act, 1955 (bombay act xlvii of 1955) 10 61 the bombay pargana and kulkarni watans (abolition) (amendment) act, 1955 (bombay act l of 1955) 62 the bombay land tenures abolition (amendment) act, 1955 (bombay act li of 1955) 63 the bombay tenancy and agricultural lands (amendment) 15 act, 1955 (bombay act xni of 1956) 64 the bombay land tenures abolition (amendment) act, ,1956 (bombay act xl of 1956) 65 the bombay tenancy and agrit;ultural lands (amendment) act, ,1957 (bombay act xv of 1957) 20 66 'the bombay tenancy and agrieultural lands (seeond amendment) act, 1957 (bombay act xxxviii'of 1957) 87 the bombay taluqdari tenure (abolition) amendment 'act 1957 (bombay act xviii of 1958) 68 the bombay land tenure abolition laws (amendment) act, 25 1958 (bombay act lvii of 1958) 69 the bombay tenancy and agricultural lands (amendment) act, 1958 (bombay act lxiii of 1958) 70 the bombay land tenures abolition (amendment) act, 1958 (bombay act xciii of 1958) 30 - 71 the bombay inams (klltch area) abolition act, 1958 (bombay act xcviii of 1958) 72 the bombay tenancy and agricultural landi! (vidharbha region and kutch area) act, 1958 (bombay ac:txcix of 1~) ~ 73 the bombay inferior village watans abolition act-,1958 (bombay act i of 1959) 74 the bombay ankadia tenure (saurashtra area) abolition' act, 1959 (bombay act xxxi of 1959)· s 7s the bombay bandhijama, udhad and ugadia tenures abolition act, 1959 (bombay act xxxv of 1959) 76 the bombay (saurashtra area) aghat tenure and ijaras abolition act, 1959 (bombay act lxv 'of 1959) 77 the bombay taluqdari tenure (abolition) amendment act, 1960 (bombay act xviu of 1960) 10 78 the bomibay tenancy and agriculltural lands (gujarat amendment) act, 1960 (gujarat act xvi of 1960) ' 79 the gujarbt agricultural lands ceiling act, 1960 (gujarat act xxvii of 1961) is 80 the guj'8rat patel watans abolition act, 1961 (gujarat act xlviii of 1961) 81 the bombay taluqdari tenure abolition (gujarat amendment) act, 1962 (gujarat act xv of 1962) 20 82 the sagbara and mehwassi estates (proprietary rights abolition, etc) regulation, 1962 (gujarat regulation"i of if62)  83 the saurashtra~n~ ~,~orms act, 1951 (sa1,lrash~ra act xxv of 1951) 84 the saurashtra barkhali abolition actt, 1951 (saurashtra act xxvi of 1951) 2s ~5 the saui:ash~ra estates acquisition act, 1952 (saurashtra act iii of 1952) 86 the bombay tenancy and agricultural lands (amendment) act, 1960 (maharashtra act ix of 1961) , 87 30 the maharashtra agricultural lands (ceiling on holdings) act, 1961 (maharashtra act xxvif of 1961) 88 'rhe maharashtra revenue patels (abolition of oftice) act, 1962 (maharashtra act xxxv of 1962) 89 the bombay tenancy and agricultural lands (am~dment) act, 1962· (maharashtra act xxxvi of 1962) 90 the bombay tenancy and agricultural lands (second amendment) act, 1962 (maharashtra act viii of 1963)   91 the west khandesh mehwassi estates (proprietary rights abolition, etc) regulation, 1961 (maharashtra regulation s i of 1962) 92 the hyderabad tenancy and agricultural lands act, 1950 (hyderabad act xxi of 1950)  93 the hyderabad abolition of inams act, 1954 (hyderalbad act viii of 1955) 94 the kerala agrarian relatdons act, 1960 (kerala act iv of 10 1961) 95 the madhya bharat zamindari abolition act, samvat 2008 (madhya bharat act xiii of 1951) 96 the madhya bharat abolition of jagirs act, samvat 2008 (madhya bharat act xxviii of 1951) is 97 the madhya pradesh land revenue code, 1959 (madhya pradesh act xx of 1959) 98 the madhya pradesh ceiling on agricultural holdings act, 1960 (madhya pradesh act xx of 1960) 9$» the madras estates (abolition and conversion into ryotwari) 20 amendment act, 1951 (madras act xvii of 1951)   100 the madras estates (abolition gild conversion into ryotwari) second amendment act, 1951 (madras act xxxv of 1951) 101 the madras estates (abolition and conversion into ryotwari) amendment act, 1953 (madras act ix of 1953) as 102 the madras estates (abolition and conversion into ryotwari) amendment act, 1954 (madras act xxxiv of 1954) 103 the madras cultivating tenants protectian act, 1955 (madras act xxv of 1955) 104 the madras cultivating tenants (payment of fair rent) 30 act, 1956 (madras act xxiv of 1956) 105 the madras estates (supplementary) act, 1956 (mljdras act xxx of 1956) 106 the madras estates (abolition and conversion into byotwari) amendment act, 1956 (madras act xliv of 1956), " 107 the madras estates (abolition and conversion into l\yotwari) , estates land (reduction of rent) and estate (supplementary) (amendment) act, 1958 (madras act xxxiv of 1958) 5 108 the madras estates (abolition and conversion into ryotwari) amendment act, 1961 (madras act xviii of 1961) 109 the madras estates (supplementary) amendment act, 1961 (madras act xxxv of 1961) 110 the madras occupanij; of kudiyiruppu '(prota!ction from 10 eviction) act, 1961 (madras act xxxviii of 1961) 111 the madras public trusts (regulation of administration of agricultural lands) act, 1961 (madras act lvii of 1961) 112 the madras land reforms (fixation of ceiling on land) act, 1961 (madras act lviii of 1961) 15 113 the mysore tenancy act, 1952 (mysore act xiii of 1952) 114 the mysore (personal and miscellaneous) inams abolition act, 1954 (mysore act i of 1955) 115 the mysore (religious and charitable) inams abolition act, 1955 (mysore act xviii of 1955) 20 116 the coorg tenants act, 1957 (mysore act xiv of 1957) 117 the mysore village offices abolition act, 1961 (mysore ad xiv 'of 1961) 118 the mysore land refomls act, 1961 (mysore act·x of 1962) 119 the orissa land reforms act, 1960 (orissa act xvi of 1960) 25 120 the punjab security of land tenures act, 1953 (punjab act, x of 1953) 121 the pepsu tenancy and' agricultural lands act, 1955 (pepsu act xiii of 1955) 122 the rajasthan land reforms and resumption of jagirs act, 1952 (rajasthan act vi of 1952) 30 123 the rajasthan tenancy act, 1955 (rajasthan act iii of 1955) 35 124 the rajasthan zamindari and biswedari abolition act, 1959 (rajasthan act viii of 1959) 125 the rajasthan kasar bhom abolition act, 1961 (rajasthan act xxxv of 1961) 128 the ajnier abolition of intermediaries andi:andreforms act, 1950 (ajmer act iii of 1955) 127 the uttar pradesh zamindari abolition and land refonns (amendment) act, 1952 '(up act xvi of 1953) 128 the uttar pradesh land reforms (amendment) act, 1954 5 (up act xx of 1954)  129 the j aunsar bawar zamindari abolition and land reforms act, 1956 (up act xi of 1956) 130 the uttt,r pradesh land reforms (amendment act), 1956 (up act xviii of 1956) 10 131 the uttar pradesh urban areas' zamindari abolition and land reforms act, 1956 (up act ix of 1957) '\ 132 the uttar pradesh zamindari abolition and land reforms (amendment) act,1958 (up act xiv of 1958) i33 "the uttar pradesh land reforms (amendment) act, -1958 is (u,p act xxxvii of 1958) 134 the uttar pradesh government estates thekedari abolition act,1958 (up act i of 1959) 135 136 137 138 the kumaun and uttarakhand zamindari abolition and la'nd reforms act, 1960 (up act xvii of 1960) 20 the uttar pradesh imposition of ceiling on land holdings act, 1960 (up act i of 1961)  - the uttar pradesh land laws (amendment) act, '1962 (up act xxi of 1962) "'"'" ~ the west bengal estates acquisition act, 1953 (west bengal2s act i of 1954) 139 the west bengal land reforms act, 1955 (west bengal act x of 1956) the delhi land reforms act, 1954 (delhi act viii of 1954) 140 141 the delhi land holdings (ceiling) act"1960 (central act 30 24 of 1960) 142 - 143 the himachal pradesh abolition of big landed' estates and land reforms act, 1953 (himachal pradesh act xv of 1954) i  ·  ' ~!_ -;i>, the manipur uti bevenue and land reforms act, 1960 is (centl'8l act 33 e~960) , "  144 the tripura land revenue and land reforms  act, 19go '{central act 43 of 1960)explanation-any reference in entries 21 to 144 of this schedule to any act, regulation or rule (other than an amending act) shall 5 be construed as including a reference to such act, regulation or rule as amended from time to time up to the first day of april, 1963"  statement of oqjects and reasonsthe ke1ala agar-ian relations act, 1961 was struck gown ,by the supreme court in its application to ryo~wari lands transferred from the state of madras to kerala the act was further struck down by the high court of kerala in its application to lands other th8n estates in malabar and  travancore it was held that the provisions of the act were violative of articles 14, 19 and 31 of the constitution and that the protection of article 31a of the constitution was not available to those lands, as they were not estates   2 the protection of article 31a 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 difterently in difterent 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 refoj,"dl enactments relate to lands which are not included in an estate 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 also proposed to amend the ninth schedule by including therein the state enactments" relating 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 nzw dj!:lm; asoke k sen the 29th april 1963 "-\ - - - - ala savina of laws proyi din, (01' (2) in this article,-~tiod of estatcs, (a) the expression "estate" shall, in relation to any 10('al erea, ell:: 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 shan also include any jagir, inam or m1u1fi or other similar grant and in the states of madras and kerala, any janmam right; -  - - a  billfurther to amend the constitution of india (shri asoke k sen, minister of lard) 