पृष्ठ:भारत का संविधान (१९५७).djvu/७२

15

THE CONSTITUTION OF INDIA

 

Part III.—Fundamental Rights.—Arts. 31A—31B.

(2) In this article,—

^[१][(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 any jagir, inam or muafi or other similar grant ^[२][and in the States of Madras and ^[३][Kerala], any janmam right];

(b) the expression "rights", in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder ^[४][raiyat, under-raiyat] or other intermediary and any rights or privileges in respect of land revenue.]

Validation of certain Acts and Regulations.⁠

⁠^[५][3IB. Without prejudice to the generality of the provisions contained in article 3IA, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part, and notwith standing any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.]

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1. In its application to the State of Jammu and Kashmir, the proviso to cl. (I) of art. 3IA shall be omitted; and for sub-clause (a) of cl. (2) thereof, the following sub-clause shall be substituted, namely:— "(a) "estate" shall mean land which is occupied or has been let for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes—

   (i) sites of buildings and other structures on such land;

   (ii) trees standing on such land;

   (iii) forest land and wooded waste;

   (iv) area covered by or fields floating over water;

   (v) sites of jandars and gharats;

   (vi) any jagir', inam, muafi or mukarrari or other similar grant, but does not include—

   (i) the site of any building in any town, or town area or village abadi or any land appurtenant to any such building or site;

   (ii) any land which is occupied as the site of a town or village; or

   (iii) any land reserved for building purposes in a municipality or notified area or cantonment or town area or any area for which a town planning scheme is sanctioned.

2. "Ins. by the Constitution (Fourth Amendment) Act, I955, 5. 3 (with retrospective effect).
3. Subs. by the Constitution (Seventh Amendment) Act, I956, 8. 29 and Sch., for "Travancore Cochin".
4. "Ins. by the Constitution (Fourth Amendment) Act, I955, 5. 3 (with retrospective effect).
5. "Ins. by the Constitution (First Amendment) Act, I951, s. 5.