Exemption to Government lands and certain other lands.

§88

Summary

1[88. Exemption to Government lands and certain other lands.- 2[(1)] 3[Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply- (a) to lands belonging to or held on lease from, the Government; (b) to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development; (c) to an estate or land taken 4[* * * * *] under the management of the Court of Wards 5[or of a Government Officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890 (VIII of 1890)] 6[* * * * *]. 7[(d) to an estate or land taken under management by the State Government under Chapter IV or section 65 except as provided in the said Chapter IV or section 65, as the case may be, and in sections 66, 80A, 82, 83, 84, 85, 86 and 87]: 8[Provided that from the date on which the land is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land- (a) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certified landlord) within one year from such date; and (b) within one year from the expiry of the period during which the landlord or certificated landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33C in the case of an excluded tenant); and (c) the provisions of sections 31 to 31D, both inclusive (or sections 33A and 33B in the case of a certificate landlord) and sections 32 to 32R (both inclusive) (or sections 33A and 33C in the case of an excluded tenant) shall, so far as may be applicable, apply to the termination of a tenancy or the right to purchase the land, as aforesaid: Provided further that,- (a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy,- (i) within one year from the date on which the estate or land is released from management, or (ii) where such estate or land was released from management after the tiller's day but before the commencement of the Bombay Tenancy and Agricultural lands (Amendment) Act, 1960 (Mah. IX of 1861), within one year from such commencement, and (b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of sections 32 to 32-R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.] 9[Explanation.- For the purposes of 10[clause (a) of subsection (1)] of this section land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under section 23 of the 11Bombay Hereditary Offices Act, 1874 (Bom. II of 1874), or any other law for the time being in force, shall be deemed to be land belonging to Government.] 12[(2) If any land held on lease from Government or any part thereof,- (i) is held at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by a person under a sub-lease from the lessee and is cultivated personally by such person, or (ii) is sub-let after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by the lessee to any person for cultivation, and such sub-letting of the land or part thereof is authorised in accordance with the terms of the lease then all the provisions of this Act except sections 32 to 32-R (both inclusive) and section 43 shall, notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sub-lease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and the lessee were the landlord: Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), the lessee shall be entitled to terminate the sub-lease under section 31 within one year from such date and the provisions of sections 31 to 31-D (both inclusive) shall so far as may be applicable, apply to the termination of the sub-lease. Explanation.- In sub-section (2) of this section, references to a lessee include a reference to a person to whom the entire interest in the land held on lease or in any part thereof has been transferred or assigned.]

1[88. Exemption to Government lands and certain other lands.- 2[(1)] 3[Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply- (a) to lands belonging to or held on lease from, the Government; (b) to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development; (c) to an estate or land taken 4[* * * * *] under the management of the Court of Wards 5[or of a Government Officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890 (VIII of 1890)] 6[* * * * *]. 7[(d) to an estate or land taken under management by the State Government under Chapter IV or section 65 except as provided in the said Chapter IV or section 65, as the case may be, and in sections 66, 80A, 82, 83, 84, 85, 86 and 87]: 8[Provided that from the date on which the land is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land- (a) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certified landlord) within one year from such date; and (b) within one year from the expiry of the period during which the landlord or certificated landlord is entitled to terminate the tenancy as aforesaid, the tenant shall have the right to purchase the land under section 32 (or under section 33C in the case of an excluded tenant); and (c) the provisions of sections 31 to 31D, both inclusive (or sections 33A and 33B in the case of a certificate landlord) and sections 32 to 32R (both inclusive) (or sections 33A and 33C in the case of an excluded tenant) shall, so far as may be applicable, apply to the termination of a tenancy or the right to purchase the land, as aforesaid: Provided further that,- (a) in the case of a permanent tenancy the permanent tenant shall be entitled to purchase the land held by him on permanent tenancy,- (i) within one year from the date on which the estate or land is released from management, or (ii) where such estate or land was released from management after the tiller's day but before the commencement of the Bombay Tenancy and Agricultural lands (Amendment) Act, 1960 (Mah. IX of 1861), within one year from such commencement, and (b) where such permanent tenant is desirous of exercising the right conferred on him under this proviso, he shall accordingly inform the landlord and Tribunal in the prescribed manner within the said period of one year and the provisions of sections 32 to 32-R shall, so far as may be applicable, apply to the right of the permanent tenant to purchase the land.] 9[Explanation.- For the purposes of 10[clause (a) of subsection (1)] of this section land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under section 23 of the 11Bombay Hereditary Offices Act, 1874 (Bom. II of 1874), or any other law for the time being in force, shall be deemed to be land belonging to Government.] 12[(2) If any land held on lease from Government or any part thereof,- (i) is held at the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by a person under a sub-lease from the lessee and is cultivated personally by such person, or (ii) is sub-let after the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), by the lessee to any person for cultivation, and such sub-letting of the land or part thereof is authorised in accordance with the terms of the lease then all the provisions of this Act except sections 32 to 32-R (both inclusive) and section 43 shall, notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sub-lease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and the lessee were the landlord: Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), the lessee shall be entitled to terminate the sub-lease under section 31 within one year from such date and the provisions of sections 31 to 31-D (both inclusive) shall so far as may be applicable, apply to the termination of the sub-lease. Explanation.- In sub-section (2) of this section, references to a lessee include a reference to a person to whom the entire interest in the land held on lease or in any part thereof has been transferred or assigned.]

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