Exemption from certain provisions to land of local authorities, universities and trusts

§88B

Summary

1[(1)] Nothing in the foregoing provisions except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in the sections mentioned above, shall apply- (a) to lands held or leased by a local authority, or University established by law in the 2[Bombay area of the State of Maharashtra]; and (b) to lands which are the property of a trust for an educational purpose, 3[a hospital, Panjarapole, Gaushala] or an institution for public religious worship: Provided that- (i) such trust is or is deemed to be registered under the 4Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), and (ii) the entire income of such lands is appropriated for the purposes of such trust; 5[(c) to lands assigned or donated by any person before the 1st day of August 1956 for the purpose of rendering any of the following services useful to the community, namely :- maintenance of water works, lighting or filling of water troughs for cattle;] 6[(d) to lands taken under management temporarily by the Civil, Revenue or Criminal Courts by themselves, or through receivers appointed by them, till the decision of the title of the rightful holders: Provided that, from the date on which the land referred to in clause (d) is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modifications that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land- (i) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certificated landlord) within one year from such date; and (ii) 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 33-C in the case of an excluded tenant), and (iii) the provisions of sections 31 to 31-D, both inclusive, (or sections 33-A and 33-B in the case of a certificated landlord) and sections 32 to 32-R, both inclusive, (or sections 33-A and 33-C 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 tillers day but before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), 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.] 7[(2) For the purposes of this section, a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.]

1[(1)] Nothing in the foregoing provisions except sections 3, 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as the provisions of the said Chapters are applicable to any of the matters referred to in the sections mentioned above, shall apply- (a) to lands held or leased by a local authority, or University established by law in the 2[Bombay area of the State of Maharashtra]; and (b) to lands which are the property of a trust for an educational purpose, 3[a hospital, Panjarapole, Gaushala] or an institution for public religious worship: Provided that- (i) such trust is or is deemed to be registered under the 4Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), and (ii) the entire income of such lands is appropriated for the purposes of such trust; 5[(c) to lands assigned or donated by any person before the 1st day of August 1956 for the purpose of rendering any of the following services useful to the community, namely :- maintenance of water works, lighting or filling of water troughs for cattle;] 6[(d) to lands taken under management temporarily by the Civil, Revenue or Criminal Courts by themselves, or through receivers appointed by them, till the decision of the title of the rightful holders: Provided that, from the date on which the land referred to in clause (d) is released from management, all the foregoing provisions of this Act shall apply thereto; but subject to the modifications that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land- (i) the landlord shall be entitled to terminate the tenancy under section 31 (or under section 33B in the case of a certificated landlord) within one year from such date; and (ii) 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 33-C in the case of an excluded tenant), and (iii) the provisions of sections 31 to 31-D, both inclusive, (or sections 33-A and 33-B in the case of a certificated landlord) and sections 32 to 32-R, both inclusive, (or sections 33-A and 33-C 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 tillers day but before the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961), 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.] 7[(2) For the purposes of this section, a certificate granted by the Collector, after holding an inquiry, that the conditions in the proviso to sub-section (1) are satisfied by any trust shall be conclusive evidence in that behalf.]

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