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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 18] NEW DELHI, FRIDAY, APRIL 28, 1972/VAISAKHA 8, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

LOK SABHA

The following Bills were introduced in Lok Sahha on the 28th April, 1972.

BILL NO. 29 OF 1972

A Bill further to amend the Constitution of India

BE it enacted by Parliament in the twenty-third Year of the Republic of India as follows: —

1. This Act may be called the Constitution (Amendment) Act, 1972.

Short

title.

2. In the Ninth Schedule to the Constitution, after entry 64, the fol- lowing entries shall be added, namely: —

Amend-

ment of

Ninth

Schedule.

"(65) The Kerala Land Reforms (Amendment) Act, 1971 (Act 25 of 1971).

(66) The Kannan Devan Hills (Resumption of Lands) Act, 1971 (Act 5 of 1971).".

(313)

STATEMENT OF OBJECTS AND REASONS

India can achieve a meaningful break through in social and economic sphere only by implementing radical land reforms and by putting an end to the age-old feudal land relations in India.

The Kerala Land Reforms (Amendment) Act, 1971 and the Kannan Devan Hills (Resumption of lands) Act, 1971 are the two important land legislations, based on which the Government of Kerala today is imple- menting the land reforms there.

Implementation of these Acts has already made considerable progress in (a) sanctioning purchase of homestead sites to several lakhs of land- less poor who are hut dwellers (KUDIKIDAPPUKARS) (b) conferring property rights on cultivating tenants so as to make the tiller the owner of the soil he cultivates (c) taking over the surplus lands from those peo- ple who own land beyond ceiling to put an end to landlordism etc.

All these measures have helped to change the socio-economic life in the countryside of Kerala in a very significant manner.

Now the landlords and the other interested parties have already ap- proached the Kerala High Court and the Supreme Court with number of petitions challenging the validity of these Acts. In the present context, there is a fair chance that Courts might give a verdict against these Acts.

If that happens, it would immediately create a terrible confusion among the people and conditions of anarchy which would break the law and order situation completely. It would turn the clock of social progress back in Kerala. The people and parties in Kerala are in favour of the Implemen- tation of these Acts and want that these Acts should be given Constitu- tional protection by including them in the Ninth Schedule to the Consti- tution,

This view has been officially communicated to the Centre by the Gov- ernment of Kerala and the Centre also has agreed to it in principle.

As the Courts are likely to give their verdict any moment, now the need of the hour is to take immediate steps to include these Acts in the Ninth Schedule, before the Courts strike down provisions of these Acts.

Hence this Bill.

NEW DELHI; C. K. CHANDRAPPAN.

The 21st March, 1972.

hill No, 28 ov Wi

A Bill to provide for the utilisation 0/ land on both sides of railway track and other railway land for agricultural purposes,

Btt it enadtad by Parliament, in the Twenty-third Year of the flepublid

of India as follows :—

1. (1) Thi3 Act may be Called the Utilization of Cultivable Railway-

Land Act, 1972.

Short title and commence- Jient.

(2) It shall come into force at once.

2. The land lying vacant on both sides of the railway track and other cultivable railway land in the whole of India shall be utilized for agri- cultural purposes:

Provided that ten yards of land on either side of the railway track

Hhall be left vacant;

Utiliza- tion of land on both sides of railway track.

Provided further that railway land required for various activities con- nected with the railways, including provision for offices and amenities for the staff, shall also be left vacant.

3. (1) The entire railway land, save ten yards of land on either side of the railway track, shall be given on lease for ten years in the first instance for agricultural purposes to the farmers owning adjoining such railway land according to the rules to be framed in this behalf.

(2) Subject to the provisions of section 2, the other cultivable railway land shall also be given on lease tor agricultural purposes according to the rules to be made in this behalf.

Ltease of land On both sides of railway track for agricul- tural purposes.

(3) All such lessees shall pay to the railway administration lease money for the land given to them on lease, at the rates prescribed under the rules to be framed in this behalf by the railway administration.

4- The railway administration shall have a right to take earth from the

land adjoining the railway track for repairing the railway track or bridges,

etc. and shall be entitled to use the required minimum of such lnnd till

the completion of the work, and for such use the concerned lessee shall

be granted due remission in the lease money or paid due compensation

therefor.

Right of railway- adminis- tration to utilize the land given on lease.

5. Notwithstanding anything contained in the terms and conditions

of the lease, the railway administration shall have the right to take

back tho minimum required land out of the land so leased to the farmers

for the extension of railway track or railway bridge, etc. or for any other

railway activity:

Right of railway adminis- tration to with- draw th" land given on lease.

Provided that the railway administration shall pay to the concern- ed farmer for his standing crop or for any other loss sustained by him as a result of such withdrawal of the land given on lease, and the amount of such compensation shall be determined according to the general rules governing payment of compensation.

Planting or foil* ing ot tfAtt.

8* The lessee shall have to obtain prior permission from th" railway administration for felling any tree standing In the land given on leois of for planting a tree there which shall be governed by th" t"rmi and uorl* ditiorifl t

ffflHitfg W fufci

9HH

Ufe> b*

i ;o regUlatl

!enffe til

andi

feralniliJt..

SEC. ii t'tttf dAMitlfc OF iNfilA EXTRAORDINARY 317

1

Provided that the lessee shall have a right to draw water from these

drains for irrigating the railway land given to him on lease.

9. All disputes relating to the land given on lease shall be referred for

settlement to the nearest court of law.

Settle- ment of disputes.

10. In case a farmer owning land adjoining the railway land refuses to accept the lease, it may be given to any other farmer owning land ad- joining the land of the farmer so refusing the lease and the farmer re- fusing the lease shall have to provide a passage, if necessary, to the farmer accepting the lease.

Lease of land to a farmer othei than The adjoining land owner.

STATEMENT OF OBJECTS AND REASONS

Large chunks of railway land, especially on either side of the railway track, are lying vacant in various parts of the country and they are not being put to any use. Moreover, people have encroached upon large areas of railway land.

In view of the growing population and food shortage, the bringing of this land under the plough will serve the national interest and it will also augment the railway revenue. Apart from this it will also help in check- ing the attempts of anti-national elements and fifth columnists to damage the railway track. It will also enable to some extent to check the likely damage to the track caused by flood waters.

Hence this Bill.

NEW DELHI; NARENDRA SINGH BISHT.

The 20t/i March, 1972.

FINANCIAL MEMORANDUM

Clauses 4 and 5 of the Bill provide for payment of compensation to lessees in case the railway administration takes earth from, or uses for railway work or takes back for extension of railway track, etc. the land leased to farmers. Clause 8 of the Bill provides for drains on either side of the railway track.

The amount of recurring or non-recurring expenditure likely to be involved from the Consolidated Fund of India cannot be precisely esti- mated at present, but expenditure to the extent "of Rs. 10 lakhs and Rs. 2 lakhs respectively might have to be incurred. However, the revenue Collected as lease money would far offset the expenditure.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clauses 3, 7 and 8 of the Bill empower the Government to frame rules to regulate the lease of cultivable railway land, to realise the lease money and to carry out other purposes of power is of normal character.

S. L. SHAKDHER,

Secretary.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NKW DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 72