Section 88C in The Bombay Tenancy and Agricultural Lands Act, 1948
88C. Exemption from certain provisions to lands leased by persons with the annual income not exceeding Rs. 1,500.
(1)[Save as otherwise provided by the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), nothing in sections] [These words, brackets, and figures were substituted for the words 'Nothing in sections' by Gujarat 16 of 1960, section 28(1).] 32 to 32R (both inclusive) shall apply to lands leased by any person if such land does not exceed an economic holding and the total annual income of such person including the rent of such land does not exceed Rs. 1,500.Provided that the provisions of this sub-section shall not apply to any person who holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person(2)[ Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed form to the Mamlatdar within whose jurisdiction all or most of the pieces of land leased by him are situate, within the prescribed period for a certificate that he is entitled to such exemption:[Provided that where such person is a widow she may make such application before the 1st day of July 1961 notwithstanding that the period prescribed under this section has expired.] [These sub-sections were substituted for the original sub-section (2) by Bombay 38 of 1957, section 32.]](3)On receipt of such application, the Mamlatdar shall, after giving notice to the tenant or tenants of the land, hold inquiry and decide whether the land leased by such person is exempt under sub-section (1) from the provisions of sections 32 to 32R.(4)If the Mamlatdar decides that the land is so exempt, he shall issue a certificate in the prescribed form to such person.[***] [Sub-section (5) was deleted, by Gujarat 16 of 1960, section 28(3).]
