Section 4 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
4. Exemptions.
(1)This Act shall not apply to any premises belonging to the Government or a local authority or apply as against the Government to any tenancy or other like relationship created by grant from the Government in respect of premises taken on lease or requisition by the Government; but it shall apply in respect of premises let to the Government or a local authority.[(1-A) This Act shall not apply to,-(a)any premises constructed on or after the commencement of the Bombay Rents, Hotel and Lodging House Rents Control (Gujarat Second Amendment) Act, 2001 (Gujarat 27 of 2001) (Hereinafter referred to as "the amending Act");(b)any existing premises which is self-occupied by the owner or vacant on or after the commencement of the amending Act, and is let after such commencement;for a period of ten years from the date of the commencement of the amending Act.] [Section 1-A was inserted by Gujarat 27 of 2001, section 2, w.e.f. 5.9.2001.]Explanation. - For the purpose of this section "existing premises" means any premises which exists on the date of commencement of the amending Act.(2)[The State] [These words were substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government [may, by a notification in the Official Gazetted direct] [These words were substituted for the words 'may direct', ibid, section 5 (1)(a).] that all or any of the provisions of this Act [shall not, subject to such conditions and terms] [These words were substituted for the words 'shall not apply' by Bqm 53 of 1950, section 2.], as it may specify, [apply,-(a)generally :](i)[ to premises used for a public purpose of a charitable nature or 4 to any class of premises used for such purpose;] [This portion was substituted for the words 'to premises used for a public purpose of a charitable nature or to any particular premises or class of premises used for such purpose' by Bombay 61 of 1953, section 3.](ii)to premises held by a public trust for a religious or charitable purpose [***] [The words 'and let at a nominal or concessional rent; or' were deleted by Gujarat 57 of 1963, section 5 (D(c).](iii)to premises held by a public trust for a religious or charitable purpose and administered by [a local authority] [These words were substituted for the words 'a local authority' by Gujarat 57 of 1963, section 5 (l)(d).]; or(iv)[ to premises vested by or under the Charitable Endowments Act, 1890, (VI of 1890) in the Treasurer of Charitable Endowments for India or for any State; or] [Sub-clause (iv) was inserted, ibid, section 5 (l)(e).](v)[ to premises constructed or purchased out of the Public Trusts Administration Fund established under Section 57 of the Bombay Public Trusts Act, 1950 (Bombay XXIX of 1950) and vesting in the Charity Commissioner; or] [Sub-clause (v) was inserted by Gujarat 18 of 1965, section 2.](b)[ for special reasons to be recorded to any particular premises of the nature referred to in sub-clauses (i), (ii) or (iii) of clause (a).] [Clause (b) was inserted by Gujarat 57 of 1963, section (l)(f).][Explanation. - For the purpose of this section " public trust" means a public trust registered or deemed to be registered under the Bombay Public Trusts Act, 1950 (Bom XXIX of 1950) or a wakf registered or deemed to be registered under the Muslim Wakfs Act, 1954. (XXIX of 1954)] [This explanation was inserted, ibid, section 5 (2).](3)[ [The State] [Sub-section (3) was added by Bombay 58 of 1949, section 3.] Government may also by order direct that all or any of the provisions of Part III shall not apply to such hostel or institution or such class of hostels or institutions, subject to such terms and conditions, if any, as may be specified in the order.] [These words were substituted for the words 'apply generally' by Gujarat 57 of 1963, section 5 (l)(b).](4)[ (a) The expression "premises belonging to the Government or a local authority" in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgment, decree or order of a Court, not include a building,erected on any land held by any person from the Government or local authority under an agreement, lease or other grant, although having regard to the provisions of such agreement, lease or grant the building so erected may belong or continue to belong to the Government or the local authority as the case may be; and(b)Notwithstanding anything contained in Section 15 such person "shall be entitled to create a tenancy in respect of such building or a part thereof [whether before or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959], (Bombay Ordinance No. Ill of 1959.)]
