[31A. Saving of laws providing for acquisition of estates, etc.—
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[
(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
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1. Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).
2. Sub-heading "Right to Property" omitted by s. 5, ibid. (w.e.f. 20-6-1979).
3. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 3 (w.e.f. 3-1-1977).
4. Ins. by the Constitution (First Amendment) Act, 1951, s. 4, (with retrospective effect).
5. Subs. by the Constitution (Fourth Amendment) Act, 1955, s. 3, for cl.
(1) (with
retrospective effect).
17 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
(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 1[article 14 or article 19]:
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:]
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[Provided further that where any law makes any provision for the
acquisition by the State of any estate and where any land comprised therein is
held by a person under his personal cultivation, it shall not be lawful for the
State to acquire any portion of 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 which shall not be less than the market value thereof.]
(2) In this article,—
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[
(a) 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—
(i) any jagir, inam or muafi or other similar grant and in the States
of 4[Tamil Nadu] and Kerala, any janmam right;
(ii) any land held under ryotwari settlement;
(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, agricultural labourers and village artisans;]
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1. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 7, for "article 14,
article 19 or article 31" (w.e.f. 20-6-1979).
2. Ins. by the Constitution (Seventeenth Amendment) Act, 1964, s. 2
(i) (w.e.f. 20-6-1964).
3. Subs. by s.2(ii), ibid., for sub-clause
(a) (with retrospective effect).
4. Subs. by the Madras State (Alteration of Name) Act, 1968 (53 of 1968), s. 4, for
"Madras" (w.e.f. 14-1-1969).
18 THE CONSTITUTION OF INDIA
(Part III.—Fundamental Rights)
(b) the expression “rights”, in relation to an estate, shall include any
rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-
holder, 1[raiyat, under-raiyat] or other intermediary and any rights or
privileges in respect of land revenue.]
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