390704

Then I come to clause (2). There are several amendments to this clause. I take No. 394 of Prof. K. T. Shah. The question is:      “That in amendment. No. 369 of List VII (Seventh Week), in clause (2) of the proposed article 24,-(i) for the words ‘No property’ the words ‘Any property’ be substituted;(ii) for the words ‘shall be taken’ the wards ‘may be taken’ be substituted;(iii) for the words ‘unless the law provides for compensation’ the words ‘subject to such compensation, if any’ be substituted:(iv) for the words ‘acquired and either fixes the amount of the compensation, or specifies the principles on which, and the manner in which, the compensation is to be determined’, the words ‘acquired as may be determined by the principles laid down in the law for calculating the, compensation’ be substituted:(v) the following be added at the end:-      “Provided that no compensation whatsoever shall be payable in respect of:-(a) any public utility, social service, or civic amenity which has been owned, worked, managed or controlled, by any individual, partnership firm, or joint stock company for more than 20 years continuously immediately before the day this Constitution comes into force;(b) any agricultural land forming Part of the proprietory of any landowner, howsoever described, which has remained uncultivated or undeveloped continuously for ten years or more immediately before the day this Constitution comes into force;(c) any urban land. forming part of the proprietory of any individual, partnership firm or joint stock company, which has remained unbuilt upon or undeveloped in any way for fifteen years or more continuously immediately before the day this Constitution comes into effect;(d) any agricultural land forming part of the proprietory of any land-owner, howsoever described, which has remained in the ownership or possession of the same land-owner or his family for more than 25 years continuously immediately before the date when this Constitution comes into operation;(e) any mine, forest or mining or forest concession which has remained in the ownership or’ possession of the same individual, partnership firm, or joint stock company for at least twenty years immediately before the day this Constitution comes into operation;(f) any share. stock, bond, debenture or mortgage On any joint stock company, owning. working, managing or controlling any industrial or commercial undertaking which has been owned, worked, controlled or managed by the same joint stock company, or any combination or amalgamation of it with any other company for more than thirty years continuously immediately before the day this Constitution comes into operation;orwhich has paid in the course of its operations and existence, in the aggregate in the shape of dividend or interest, a sum equal to or exceeding twice the paid-up value of its shares, stock, bonds or debentures:orwhose total assets (not including goodwill) at the time of the acquisition by the State of any such undertaking are less in value than its total liabilities.” The amendment was negatived.

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