Section 88B in The Bombay Tenancy and Agricultural Lands Act, 1948
88B. Exemption from certain provisions to and of local authorities, universities and trusts.
- [(1)] [Section 88B was renumbered as sub-section (1) of that section by Bombay 38 of 1957, section 31.] 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 [***] [The words 'local authority or' were deleted by Gujarat 36 of 1965 section 19(1) (w.e.f. 01-02-1966).] University established by law in the [Bombay area of the State of Gujarat] [These words were substituted for the words 'pre-Re organisation State of Bombay excluding the transferred territories' by the Gujarat Adaptation of Laws (Sate and Concurrent, Subjects) (This Amendment) Order, 1960.]; and(b)to lands which are the property of a trust for an educational purpose [a hospital, punjarapol,] [These words were substituted for the word 'hospital' by Bombay 15 of 1957, section 16.] [or Gaushala] [These words were substituted for the words 'Gaushala' or an institution for pubic religious worship' by Gujarat 16 of 1969, section 31. sch. Item (1)]];(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:- [Clause (c) was added by Bombay 63 of 1958, section 17.]maintenance of water works, lighting, or filling of water troughs for cattle:]Provided that -(i)such trust is or is deemed to be registered under the Bombay Public Trusts Act, 1950 (Bombay XXIX of 1950), and(ii)the entire income of such land is appropriated for the purposes of such trust.(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.] [Sub-section (2) was inserted by Bombay 38 of 1957, section 31.](3)[ Notwithstanding anything contained in sub-section (1), nothing in the foregoing provisions of this Act shall apply to lands leased for cultivation with the help of sewage, whether before or after the commencement of the Amending Act, 1955 by a local authority in discharge of its duties and functions relating to the establishment and maintenance of a farm for the disposal of sewage under the law under which such local authority is constituted.] [Sub-section (3) was inserted by Gujarat 36 of 1965, section 19(2) with effect on and from the date on which Amending Act, 1955 came into force.]
