Section 88 in The Bombay Tenancy and Agricultural Lands Act, 1948
88. [ Exemption to Government lands and certain other lands. [These sections were substituted for the original section 88, by Bombay 13 of 1956, section 48.]
- [(1)] [Save as otherwise provided in sub-section (2) nothing in the foregoing provisions of this Act] [These words, brackets and figure were substituted for the words 'Nothing in the foregoing provisions of this Act', by Gujarat 16 of 1960, section 27(1) (i).] shall apply-(a)to lands belonging to, or held on lease from, the Government;(aa)[ to lands held or leased by a local authority;] [Clause (aa) was inserted by Gujarat 36 of 1965, section 18(1)(i) (w.e.f. 01-02-1966).](b)to any area which the State Government may, from time to time, by notification in the Official Gazette, specify as being reserved for non-agricultural or industrial development:[Provided that if after a notification in respect of any area specified in the notification issued under this clause, whether before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 the limits of the area so specified are enlarged on account of the addition of any other area thereto, then merely by reason of such addition, the reservation as made by the notification so issued shall not apply and shall be deemed never to have applied to the area so added, notwithstanding anything to the contrary contained in any judgement, decree, or order of any court, tribunal or any other authority:Provided further that, if any land in the area so added has been transferred or acquired after the issue of the notification referred to in the first proviso but before the 29th day of October, 1964, such transfer or acquisition of land shall have effect as if it were made in an area to which this clause applies] [These provisos were added, by Gujarat 36 of 1965, section 18(l)(ii) (w.e.f. 01-02-1966).];(c)to an estate or land taken [***] [The words 'under management' of the State Government under Chapter IV or section 65 or' were deleted by Bombay 15 of 1957, section 15(l)(a).] under the management of the Court of Wards [or of a Government Officer appointed in his official capacity as a guardian under the Guardians and Wards Act, 1890 (VIII of 1890)] [These words and figures were inserted, by Bombay 15 of 1957, section 15(l)(b).] or to the lands taken under management temporarily by the Civil, Revenue or Criminal Courts by themselves or through the receivers appointed by them till the decision of the title of the rightful holders :-(d)[ to an estate or land taken under management by the State Government under Chapter IV or section 65 except as provided in the said Chapter IV or section 65, as the case may be, and in sections 66, 80A, 82, 83, 84, 85, 86 and 87:] [This clause was inserted, by Bombay 15 of 1957, section 15(2).]Provided that with effect from the date on which such estate or land is released from such management, for foregoing provisions of this Act shall apply thereto and in the case of a tenancy (other than a permanent tenancy) on such date in respect of any land in such estate or such land, the landlord shall be entitled to terminate such tenancy under section 31 within one year from such date and the tenant [shall be deemed to have purchased] [These words were substituted for the words 'shall have the right to purchase' by Gujarat 16 of 1960, section 27(l)(ii).] the land under section 32 [on the expiry] [These word were substituted for the words 'within one year from the expiry' by Gujarat 16 of 1960, section 27(1)(ii).] of the period during which such landlord is entitled to terminate the tenancy under section 31. The provisions of sections 31 to 31D (both inclusive) and 32 to 32R (both inclusive) shall, so far as may be applicable, apply to such termination of tenancy and to the right of the tenant to purchase the land;[Provided further that-(1)in the case of a permanent tenancy the permanent tenant shall be deemed to have purchased the land held by him on permanent tenancy on the date on which the estate or land is released from management or has ceased to be subject to the provisions of this section as aforesaid, whether such release or cessation was before or after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), and(2)the provisions of sections 32 to 32R shall so far as may be applicable apply to the purchase of land by the permanent tenant under this section.] [This proviso was inserted, by Gujarat 16 of 1960, section 27 (l)(iii).][Explanation. - For the purposes of [clause (a) of this sub-section] [This Explanation was added by Bombay 63 of 1958, section 15.] land held as inam or watan for service useful to Government and assigned as remuneration to the person actually performing such service for the time being under section 23 of the Bombay Hereditary Offices Act, 1874 (Bombay Ill of 1874), or any other law for the time being in force shall be deemed to be land belonging to Government.](1A)[ Where under the first proviso to sub-section (1) as is was in force before the date of the coming into force of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960) (hereinafter referred to in this sub-section as "the said date"), a landlord was entitled to terminate under section 31 the tenancy of any land after the 1st August 1956, but within a period of one year from the date on which the land as released from management and the tenant had a right to purchase the land within one year from the expiry of that period, the tenant shall-(i)if the period for exercising the right of purchase had commenced under the aforesaid proviso before the said date, then whether the period had expired or not be deemed to have purchased the land on the expiry of the period during which the landlord was entitled to terminate the tenancy, and(ii)in any other case, be deemed to have purchased the land on the date on which the period for exercising the said right would have commenced under the aforesaid proviso. The provisions of sections 31 to 3ID (both inclusive) and sections 32 to 32R (both inclusive) shall, so far as may be applicable, apply and shall be deemed always to have applied to such termination of tenancy and to the right of the tenant to purchase the land;](2)[ If any land held on lease from Government or any part thereof-(i)is held at the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960) by a person under a sub-lease from the lessee and is cultivated personally by such person, or(ii)is sub-leased after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960) by the lessee to any person for cultivation and such sub-leasing of the land or part thereof is authorised in accordance with the terms of the lease, then all the provisions of this Act except sections 32 to 32R (both inclusive) and section 43 shall notwithstanding anything contained in such lease, apply to the land, or as the case may be, the part thereof, held under such sublease, as if the person holding it under such sub-lease were a tenant within the meaning of section 4 of this Act and lessee were the landlord:Provided that in the case of a sub-lease subsisting on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), the lessee shall be entitled to terminate under section 31 the sub-lease within one year from such date and the provisions of sections 31 to 31D (both inclusive) shall, so far as may be applicable, apply to the termination of the sub-lease.Explanation:-In sub-section (2) of this section references to a lessee include a reference to a persons to whom the entire interest in the land held on lease, or in any part thereof has been transferred or assigned.] [This sub-section was inserted by Gujarat 16 of 1960, section 27(2) (w.e.f. 01-02-1966).][Sub-section (1A) was inserted by Gujarat 36 of 1965, section 18(2) (w.e.f. 01-02-1966).]
