THE CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

THE CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

Statement of Objects and Reasons appended to the Constitution
(Forty-second Amendment) Bill, 1976 which was enacted as
the Constitution (Fortieth Amendment) Act, 1976

STATEMENT OF OBJECTS AND REASONS

Under article 297 of the Constitution, all lands, minerals and other
things of value underlying the ocean within the territorial waters or
the continental shelf of India vest in the Union to be held for the
purposes of the Union. India has sovereign rights over the resources
of the exclusive economic zone and is entitled to exercise
jurisdiction in respect of certain other matters. It is proposed to
amend article 297 of the Constitution so as to provide that all lands,
minerals and other things of value underlying the ocean within the
exclusive economic zone of India and all other resources of the
exclusive economic zone of India shall also vest in the Union and be
held for the purposes of the Union. At present, the limits of
territorial waters and the continental shelf are determined by
Proclamation issued by the President. It is proposed that the limits
of the territorial waters, the continental shelf, the exclusive
economic zone and the maritime zones of India shall be as specified
from time to time by or under law made by Parliament.

2. Recourse was had in the past to the Ninth Schedule whenever it was
found that progressive legislation conceived in the interest of the
public was imperilled by litigation. Certain State legislations
relating to land reforms and ceiling on agricultural land holdings
have already been included in the Ninth Schedule. Certain amendments
made to these legislations also require protection of the provisions
of article 31B inasmuch as in many cases such enactments have been
challenged in courts and courts have granted interim reliefs which has
hampered the implementation of the national land reform policy.

3. Besides these Acts relating to land reforms certain State
enactments relating to private forests require protection of article
31B as these enactments are progressive and beneficial pieces of
legislation intended to and the monopoly of vested interests and
forest contractors. Some of such legislations have been challenged in
courts and as the courts have granted interim reliefs staying the
operation of these enactments, the State Governments have not been
able to implement these legislations.

4. Certain Central laws like the Smugglers and Foreign Exchange
Manipulators (Forfeiture of Property) Act, 1976, the Urban Land
(Ceiling and Regulation) Act, 1976, the Essential Commodities Act,
1955 and certain provisions of the Motor Vehicles Act, 1939 require
protection of article 31B. If these legislations are allowed to be
challenged in courts of law thereby delaying the implementation of
these laws, the vary purpose of enacting these laws would be
frustrated and the national economy may be severely affected. These
and other important and special enactments which it is considered
necessary should have the constitutional protection are proposed to be
included in the Ninth Schedule.

5. The Bill seeks to give effect to the above objects.

NEW DELHI; H. R. GOKHALE.

The 18th May, 1976.

THE CONSTITUTION (FORTIETH AMENDMENT) ACT, 1976

[27th May, 1976.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-seventh Year of the Republic
of India as follows:-

1. Short title.-This Act may be called the Constitution (Fortieth
Amendment) Act, 1976.

2. Substitution of new article for article 297.-For article 297 of
the Constitution, the following article shall be substituted, namely:-

"297. Things of value within territorial waters or continental shelf
and resources of the exclusive economic zone to vest in the Union.-
(1) All lands, minerals and other things of value underlying the ocean
within the territorial waters, or the continental shelf, or the
exclusive economic zone, of India shall vest in the Union and be held
for the purposes of the Union.

(2) All other resources of the exclusive economic zone of India shall
also vest in the Union and be held for the purposes of the Union.

(3) The limits of the territorial waters, the continental shelf, the
exclusive economic zone, and other maritime zones, of India shall be
such as may be specified, from time to time, by or under any law made
by Parliament.".

3. Amendment of the Ninth Schedule.-In the Ninth Schedule to the
Constitution, after entry 124 and before the Explanation, the
following entries shall be inserted, namely:-

"125. Section 66A and Chapter IVA of the Motor Vehicles Act, 1939
(Central Act 4 of 1939).

126. The Essential Commodities Act, 1955 (Central Act 10 of 1955).

127. The Smugglers and Foreign Exchange Manipulators (Forfeiture of
Property) Act, 1976 (Central Act 13 of 1976).

128. The Bonded Labour System (Abolition) Act, 1976 (Central Act 19
of 1976).

129. The Conservation of Foreign Exchange and Prevention of Smuggling
Activities (Amendment) Act, 1976 (Central Act 20 of 1976).

130. The Prevention of Publication of Objectionable Matter Act, 1976
(Central Act 27 of 1976).

131. The Levy Sugar Price Equalisation Fund Act, 1976 (Central Act 31
of 1976).

132. The Urban Land (Ceiling and Regulation) Act, 1976 (Central Act
33 of 1976).

133. The Departmentalisation of Union Accounts (Transfer of
Personnel) Act, 1976 (Central Act 59 of 1976).

134. The Assam Fixation of Ceiling on Land Holdings Act, 1956 (Assam
Act I of 1957).

135. The Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act,
1958 (Bombay Act XCIX of 1958).

136. The Gujarat Private Forests (Acquisition) Act, 1972 (Gujarat Act
14 of 1973).

137. The Haryana Ceiling on Land Holdings (Amendment) Act, 1976
(Haryana Act 17 of 1976).

138. The Himachal Pradesh Tenancy and Land Reforms Act, 1972
(Himachal Pradesh Act 8 of 1974).

139. The Himachal Pradesh Village Common Lands Vesting and
Utilisation Act, 1974 (Himachal Pradesh Act 18 of 1974).

140. The Karnataka Land Reforms (Second Amendment and Miscellaneous
Provisions) Act, 1974 (Karnataka Act 31 of 1974).

141. The Karnataka Land Reforms (Second Amendment) Act, 1976
(Karnataka Act 27 of 1976).

142. The Kerala Prevention of Eviction Act, 1966 (Kerala Act 12 of
1966).

143. The Thiruppuvaram Payment (Abolition) Act, 1969 (Kerala Act 19
of 1969).

144. The Sreepadam Lands Enfranchisement Act, 1969 (Kerala Act 20 of
1969).

145. The Sree Pandaravaka Lands (Vesting and Enfranchisement) Act,
1971 (Kerala Act 20 of 1971).

146. The Kerala Private Forests (Vesting and Assignment) Act, 1971
(Kerala Act 26 of 1971).

147. The Kerala Agricultural Workers Act, 1974 (Kerala Act 18 of
1974).

148. The Kerala Cashew Factories (Acquisition) Act, 1974 (Kerala Act
29 of 1974).

149. The Kerala Chitties Act, 1975 (Kerala Act 23 of 1975).

150. The Kerala Scheduled Tribes (Restriction on Transfer of Lands
and Restoration of Alienated Lands) Act, 1975 (Kerala Act 31 of 1975).

151. The Kerala Land Reforms (Amendment) Act, 1976 (Kerala Act 15 of
1976).

152. The Kanam Tenancy Abolition Act, 1976 (Kerala Act 16 of 1976).

153. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1974 (Madhya Pradesh Act 20 of 1974).

154. The Madhya Pradesh Ceiling on Agricultural Holdings (Amendment)
Act, 1975 (Madhya Pradesh Act 2 of 1976).

155. The West Khandesh Mehwassi Estates (Proprietary Rights
Abolition, etc.) Regulation, 1961 (Maharashtra Regulation (1 of 1962).

156. The Maharashtra Restoration of Lands to Scheduled Tribes Act,
1974 (Maharashtra Act XIV of 1975).

157. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Act, 1972 (Maharashtra Act XXI of 1975).

158. The Maharashtra Private Forests (Acquisition) Act, 1975
(Maharashtra Act XXIX of 1975).

159. The Maharashtra Agricultural Lands (Lowering of Ceiling on
Holdings) and (Amendment) Amendment Act, 1975 (Maharashtra Act XLVII
of 1975).

160. The Maharashtra Agricultural Lands (Ceiling on Holdings)
(Amendment) Act, 1975 (Maharashtra Act II of 1976).

161. The Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952).

162. The Rajasthan Colonisation Act, 1954 (Rajasthan Act XXVII of
1954).

163. The Rajasthan Land Reforms and Acquisition of Land-owners'
Estates Act, 1963 (Rajasthan Act 11 of 1964).

164. The Rajasthan Imposition of Ceiling on Agricultural Holdings
(Amendment) Act, 1976 (Rajasthan Act 8 of 1976).

165. The Rajasthan Tenancy (Amendment) Act, 1976 (Rajasthan Act 12 of
1976).

166. The Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act,
1970 (Tamil Nadu Act 17 of 1970).

167. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1971 (Tamil Nadu Act 41 of 1971).

168. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1972 (Tamil Nadu Act 10 of 1972).

169. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1972 (Tamil Nadu Act 20 of 1972).

170. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1972 (Tamil Nadu Act 37 of 1972).

171. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth
Amendment Act, 1972 (Tamil Nadu Act 39 of 1972).

172. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Sixth
Amendment Act, 1972 (Tamil Nadu Act 7 of 1974).

173. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fifth
Amendment Act, 1972 (Tamil Nadu Act 10 of 1974).

174. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1974 (Tamil Nadu Act 15 of 1974).

175. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Third
Amendment Act, 1974 (Tamil Nadu Act 30 of 1974).

176. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1974 (Tamil Nadu Act 32 of 1974).

177. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land)
Amendment Act, 1975 (Tamil Nadu Act 11 of 1975).

178. The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Second
Amendment Act, 1975 (Tamil Nadu Act 21 of 1975).

179. Amendments made to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951) by the Uttar
Pradesh Land Laws (Amendment) Act, 1971 (Uttar Pradesh Act 21 of 1971)
and the Uttar Pradesh Land Laws (Amendment) Act, 1974 (Uttar Pradesh
Act 34 of 1974).

180. The Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1976 (Uttar Pradesh Act 20 of 1976).

181. The West Bengal Land Reforms (Second Amendment) Act, 1972 (West
Bengal Act XXVIII of 1972).

182. The West Bengal Restoration of Alienated Land Act, 1973 (West
Bengal Act XXIII of 1973).

183. The West Bengal Land Reforms (Amendment) Act, 1974 (West Bengal
Act XXXIII of 1974).

184. The West Bengal Land Reforms (Amendment) Act 1975 (West Bengal
Act XXIII of 1975).

185. The West Bengal Land Reforms (Amendment) Act, 1976 (West Bengal
Act XII of 1976).

186. The Delhi Land Holdings (Ceiling) Amendment Act, 1976 (Central
Act 15 of 1976).

187. The Goa, Daman and Diu Mundkars (Protection from Eviction) Act,
1975 (Goa, Daman and Diu Act 1 of 1976).

188. The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act,
1973 (Pondicherry Act 9 of 1974).".