AMENDMENT_04_27041955

PART13.txt

@@ -41,11 +41,16 @@ sanction of the President.
 
 THE CONSTITUTION OF INDIA
 
-305. Effect of articles 301 and 303 on existing laws—
+305. Saving of existing laws and laws providing for State
-Nothing in articles 301 and 303 shall affect the 
+monopolies.—Nothing in articles 301 and 303 shall affect the provisions of
-provisions of any existing law except in 
+any existing law except in so far as the President may by order otherwise
-so far as the President may by order 
+direct; and nothing in article 301 shall affect the operation of any law made
-otherwise provide.
+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- 

PART3.txt

@@ -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- 
+(2A) Where a law does not provide for the transfer of the ownership or right to 
-movable, including any interest in, or in any company 
+possession of any property to the State or to a corporation owned or controlled 
-owning, any commercial or industrial undertaking, shall 
+by the State, it shall not be deemed to provide for the compulsory acquisition o
-be taken possession of or acquired for public purposes under 
+r requisitioning of property, notwithstanding that it deprives any person of his
-any law authorising the taking of such possession or such 
+ property.
-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.
-
-
 (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)
+(1) Notwithstanding anything contained in article 13, no law providing for—
-Notwithstanding anything in the foregoing provisions of this Part, no
+(a) the acquisition by the State of any estate or of any rights therein
-law providing for the acquisition by the State of any estate or of any
+or the extinguishment or modification of any such rights, or
-rights therein or for the extinguishment or modification of any such
+(b) the taking over of the management of any property by the State
-rights shall be deemed to be void on the ground that it is
+for a limited period either in the public interest or in order to secure the
-inconsistent with, or takes away or abridges any of the rights
+proper management of the property, or
-conferred by, any provisions of this Part:
+(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
+rights vesting in a proprietor, sub-proprietor, under-proprietor, tenureholder, 
-r other intermediary and any rights or
+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

SCHEDULE9.txt

@@ -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.