Section 3(1) in The Gujarat Agricultural Lands Ceiling Act, 1960
(1)[Subject to the provisions of sub-sections (1A) to (ID) (both inclusive), the following lands] [These words, brackets, figures and letters were substituted for the words 'The following lands' by Gujarat 2 of 1974, Section 5 (1) (a).] shall be exempted from the provisions of this Act, that is to say-(a)lands belonging to, or held on lease, by Government [***] [The words 'or land held on lease from Government for a period and not exceeding twenty years' were deleted, by Gujarat 2 of 1974, Section 5 (1) (b).];(aa)[ khar lands and tidal lands as defined in the Gujarat Khar Lands Act, 1963 (Gujarat 17 of 1964) and any other lands which, being in the opinion of the State Government such as need special efforts for their reclamation for the purpose of bringing them under cultivation, are notified in this behalf by the State Government by a notification in the Official Gazette, held on lease from the Government for a period not exceeding twenty years;] [Clause (aa) was inserted, by Gujarat 2 of 1974, Section 5 (1) (c).](b)[ lands belonging to, or held on lease by, a local authority and lands belonging to, or held on lease by a University established by law in the State of Gujarat or by an institution in the State of Gujarat which is declared to be a University by the Central Government under Section 3 of the University Grants Commission Act, 1956 (Act III of 1956), where such lands are used by the University or such institution for the purpose of imparting education in agriculture or are specified by the University or such institution as being reserved for being used for future expansion of the University or such institution] [Clause (b) was substituted for the Original by Gujarat 2 of 1974, Section 5 (1) (d).].(c)lands situated in any area which has been specified as being reserved for non-agricultural or industrial development under the relevant tenancy law;(cc)[ lands which are the property of a public trust for a hospital existing on the special date, to such extent as may be decided in each case by a Committee consisting of the Collector, such officer of the Medical Department as the Director of Health and Medical Services may nominate and a representative of the hospital concerned ; [These clauses were substituted for Clause (d) by Gujarat 2 of 1974, Section 5 (1) (e).](d)lands which are the property of a public trust for an educational institution imparting education in agriculture, to such extent as may be prescribed].(dd)[ lands held by a Panjrapole or a Gaushala for the purpose of grazing of cattle or storage of grass for cattle in the institution to such extent as may be specified from time to time in each case by a Committee consisting of the Collector, such officer of Animal Husbandry Department as the Director of Animal Husbandry may nominate and a representative of the Panjrapole, or as the case may be, the Gaushala, having regard to the number of cattle normally maintained or cared for in the institution concerned, provided the Panjrapole or the Gaushala, as the case may be uses such lands solely and directly for the purpose for which such lands are held and not for the purpose for which such lands are held and not for the purpose of deriving income for the institution; [These clauses were inserted by Gujarat 2 of 1974, Section 5 (1) (f).](ddd)lands being lands utilised for maintenance of Panjrapole or Gaushala, which were exempt from the provisions of this Act immediately before the specified date by reason of their being the property of an institution for public religious workship registered as a public trust under the Bombay Public Trust Act, 1950 (Bombay XXIX of 1950), provided such institution creates a separate trust in respect of such lands for the purposes of Panjrapole or Gaushala applies within a period of ninety days from the specified date, for the registration of such trust under the said Act, to the Deputy or Assistant Charity Commissioner having jurisdiction and endeavours to get such separate trust registered under the said Act, within a period of one year from the specified date;](e)[ ***] [Clause (e) was deleted by Gujarat 2 of 1974, Section 5 (1) (g).](f)lands leased to or held by an industrial undertaking which in the opinion of the State Government bona fide carries on any industrial operation and which is approved by the State Government [to the extent necessary for the purpose of expansion or present need of the industry, as certified by the Commissioner of Industries;] [This portion was added by Gujarat 2 of 1974, Section 5 (1) (h).](g)[ ***] [Clause (g) was deleted by Gujarat 2 of 1974, Section 5 (1) (i).](h)[ lands held or leased by a Land Development Bank, a bank specified in column 2 of the first Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act 5 of 1970), or a Corporation (including a Company) owned or controlled by Government provided such lands are required and used by these institutions in connection with the discharge of their bona fide functions or achievement of their bona fide objects:] [Clause (h) was substituted for the original by Gujarat 2 of 1974, Section 5 (1) (j).](i)lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government and as have for their objects the improvement of the economic and social conditions of peasants or ensuring the full and efficient use of land [for agriculture, provided that the sum total of land held by any one member of such society as such member as well as separately as an individual does not in any case exceed the ceiling areas which such member shall be entitled to hold as one person;] [Clause (k) was deleted, by Gujarat 2 of 1974, Section 5 (1) (1).](j)lands held by a Bhoodan Samiti recognised by the State Government in this behalf;(k)[ ***] [Clause (k) was deleted, by Gujarat 2 of 1974, Section 5(1)(1).][(1-A) Every person who holds land which is eligible to the exemption provided in sub-section (1) shall, [Sub-sections (1-A) to (1-D) were inserted, by Gujarat 2 of 1974, Section 5 (2).](i)in a case where such land was eligible to exemption immediately before the specified date or where such land becomes eligible to exemption on the specified date within a period of ninety days from the specified date, and(ii)in any other case within a period of ninety days from the date on which it becomes eligible to exemption by reason of its satisfying the requirements of the provisions of sub-section (1),make an application in the prescribed form to the Collector within whose jurisdiction such land is situate, for a certificate that the land in question is eligible to exemption from the provisions of this Act.(1-B) On receipt of such application the Collector shall, after giving to the applicant an opportunity to be heard and after making such inquiry as he thinks fit decide whether the land is eligible to exemption or not,(1-C) If the Collector decides that the land or any portion thereof is eligible to exemption, he shall issue a certificate in the prescribed form to the applicant to the effect that the land specified therein is entitled to exemption from the provisions of this Act, and no land in respect of which such certificate of exemption has not been issued shall be eligible to exemption under sub-section (1).(1-D) The decision of the Collector under sub-section (1-B) shall, subject to the decision of the State Government in an appeal, if any, which may be filed by the applicant aggrieved by the decision of the Collector within a period of ninety days from the date of communication of the decision to the applicant the decision of the State Government in such appeal or in exercise of its powers under Section 52, shall be final and conclusive and shall not be called in question in any suit or proceeding in any court or before any authority.]
