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AMENDMENT_04_27041955

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Abhay Rana 2015-04-23 12:59:53 +05:30
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commit b597cc65cd
3 changed files with 67 additions and 30 deletions
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15
PART13.txt
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@ -41,11 +41,16 @@ sanction of the President.
THE CONSTITUTION OF INDIA
305. Effect of articles 301 and 303 on existing laws—
Nothing in articles 301 and 303 shall affect the
provisions of any existing law except in
so far as the President may by order
otherwise provide.
305. Saving of existing laws and laws providing for State
monopolies.—Nothing in articles 301 and 303 shall affect the provisions of
any existing law except in so far as the President may by order otherwise
direct; and nothing in article 301 shall affect the operation of any law made
before the commencement of the Constitution (Fourth Amendment) Act, 1955,
in so far as it relates to, or prevent Parliament or the Legislature of a State
from
making any law relating to, any such matter as is referred to in sub-clause (ii)
of clause (6) of article 19.
306. Power of certain States in Part B of the First Schedule to impose
restrictions on trade and commerce.-
Notwithstanding anything in the foregoing pro-

62
PART3.txt
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@ -319,19 +319,19 @@ Right To Property
31. (1) No person shall be deprived of his property
save by authority of law.
Compulsory Acquisition of Property:
(2) No property shall be compulsorily acquired or requisitioned save for a publi
c purpose and save by authority of a law which provides for compensation for the
property so acquired or requisitioned and either fixes the amount of the compen
sation or specifies the principles on which, and the manner in which, the compen
sation is to be determined and given; and no such law shall be called in questio
n in any court on the ground that the compensation provided by that law is not a
dequate.
(2) No property, movable or im-
movable, including any interest in, or in any company
owning, any commercial or industrial undertaking, shall
be taken possession of or acquired for public purposes under
any law authorising the taking of such possession or such
acquisition, unless the law provides for compensation for
the property taken possession of or acquired and either
fixes the amount of compensation, or specifies the principles
on which, and the manner in which, the compensation is
to be determined and given.
(2A) Where a law does not provide for the transfer of the ownership or right to
possession of any property to the State or to a corporation owned or controlled
by the State, it shall not be deemed to provide for the compulsory acquisition o
r requisitioning of property, notwithstanding that it deprives any person of his
property.
(3) No such law as is referred to in clause (2) made by
the Legislature of a State shall have effect unless such law,
having been reserved for the consideration of the President,
@ -414,18 +414,30 @@ legislation cannot be attacked as invalid.
31A. Saving of laws providing for acquisition of estates, etc.—
(1)
Notwithstanding anything in the foregoing provisions of this Part, no
law providing for the acquisition by the State of any estate or of any
rights therein or for the extinguishment or modification of any such
rights shall be deemed to be void on the ground that it is
inconsistent with, or takes away or abridges any of the rights
conferred by, any provisions of this Part:
(1) Notwithstanding anything contained in article 13, no law providing for—
(a) the acquisition by the State of any estate or of any rights therein
or the extinguishment or modification of any such rights, or
(b) the taking over of the management of any property by the State
for a limited period either in the public interest or in order to secure the
proper management of the property, or
(c) the amalgamation of two or more corporations either in the public
interest or in order to secure the proper management of any of the
corporations, or
(d) the extinguishment or modification of any rights of managing
agents, secretaries and treasurers, managing directors, directors or
managers of corporations, or of any voting rights of shareholders thereof,
or
(e) the extinguishment or modification of any rights accruing by
virtue of any agreement, lease or licence for the purpose of searching for,
or winning, any mineral or mineral oil, or the premature termination or
cancellation of any such agreement, lease or licence,
shall 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 articl
e 31:
Provided that where such law is a law made by the Legislature of a State,
the provisions of this article shall not apply thereto unless such law, having
been reserved for the consideration of the President, has received his assent:
Provided that where such law is a law made by the Legislature of a
State, the provisions of this article shall not apply thereto unless
such law, having been reserved for the consideration of the President,
has received his assent.
15
THE CONSTITUTION OF INDIA
@ -436,8 +448,8 @@ 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 muafi or other similar grant;
(b) the expression “rights”, in relation to an estate, shall include any
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder o
r other intermediary and any rights or
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder,
raiyat, under-raiyat or other intermediary and any rights or
privileges in respect of land revenue.
31B. Validation of certain Acts and Regulations.—Without prejudice
to the generality of the provisions contained in article 31A, none of the Acts

20
SCHEDULE9.txt
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@ -23,6 +23,26 @@ Amendment Act, 1950 (Madras Act I of 1950).
1358, Fasli).
13. The Hyderabad Jagirs (Commutation) Regulation, 1359F (No. XXV of
1359, Fasli).
14. The Bihar Displaced Persons Rehabilitation (Acquisition of Land) Act,
1950 (Bihar Act XXXVIII of 1950).
15. The United Provinces Land Acquisition (Rehabilitation of Refugees)
Act, 1948 (U.P. Act XXVI of 1948).
16. The Resettlement of Displaced Persons (Land Acquisition) Act, 1948
(Act LX of 1948).
17. Sections 52A to 52G of the Insurance Act, 1938 (Act IV of 1938), as inserted
by section 42 of the Insurance (Amendment) Act, 1950 (Act XLVII of 1950).
18. The Railway Companies (Emergency Provisions) Act, 1951 (Act LI of 1951).
279
280
THE CONSTITUTION OF INDIA
19. Chapter III-A of the Industries (Development and Regulation) Act,
1951 (Act LXV of 1951), as inserted by section 13 of the Industries
(Development and Regulation) Amendment Act, 1953 (Act XXVI of 1953).
20. The West Bengal Land Development and Planning Act, 1948 (West
Bengal Act XXI of 1948), as amended by West Bengal Act XXIX of 1951.