Section 15 in The Maharashtra Agricultural Lands (Ceiling on Holdings) Rules, 1962
15. Procedure for claiming exemption by a public trust under section 47(1)(d) and form of undertaking to be given by it.
(1)Any trustee of a public trust seeking exemption under clause (d) of sub-section (1) of section 47 in respect of lands held by the trust shall, within six months from the appointed day, [or such reasonable time which the State Government may allow] [Inserted by G.N. of 24.2.1964.] make an application in writing to the State Government through the Collector (within whose jurisdiction all or a major portion of the lands held by the trust are situated) for the grant of a certificate stating that the lands are exempt from the provisions of the Act. The application shall be accompanied by -(i)the latest balance sheet audited under section 33 of the Bombay Public Trusts Act, 1950 and duly certified to be a copy of the accounts so audited by the person referred to in sub-section (2) of that section,(ii)a list of lands held by the trust,(iii)a certified copy of extract of Record of Rights relating to each land,(iv)an undertaking in Form XV, if necessary, and(v)such other document (including a copy of a certificate, if any, granted under the relevant tenancy law evidencing exemption of the land from that law) in support of his request.(2)The application shall contain the following particulars, namely :-(a)whether the trust is or is deemed to be, registered under the Bombay Public Trusts Act, 1950;(b)the purpose for which the trust is established;(c)the manner in which the income from the lands held by the trust is appropriated;(d)if the major portion of the income of the lands held by the trust is not appropriated for the purpose of education or medical relief, an undertaking in Form XV.(3)On receipt of the application, the State Government shall if it is satisfied that there is no objection to exempt the lands of the trust under clause (d) of subsection (1) of section 47, issued a certificate to the trustee in Form XVI.(4)A trustee holding a certificate on the basis of an undertaking in Form XV shall, within three months from the expiry of the period of two years referred to in clause (d) of sub-section (1) of section 47, submit to the State Government through the Collector referred to in sub-rule (1) a statement of accounts of the trust, duly audited under section 33 of the Bombay Public Trusts Act, 1950, and certified to be a true copy of the accounts so audited by the person referred to in sub-section (2) of the said section 33, indicating clearly how the undertaking given by it has been fulfilled.(5)If the statement of accounts is not submitted within the prescribed lime limit as required by sub-rule (4), or if the State Government is satisfied that undertaking given by it in Form XV has not been fulfilled, the State Government shall, after giving to the trustee a show cause notice, cancel the certificate given to it under sub-rule (3) and on such cancellation, the lands in respect of which the certificate was given, shall cease to be exempt from the provisions of the Act.
