Section 128 in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
128. Act not to apply to certain lands and areas.
- Nothing in the foregoing provisions of this Act shall apply,-(a)to lands belonging to or held on lease from the Government;(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.(c)land granted on lease in compliance with the provisions of section 5A [or section 5AA] [This portion was inserted by Maharashtra 5 of 1961, s. 17.(i).] of the Central Provinces and Berar Cultivation of Fallow Land Act, 1948, till the period of the said lease is over(d)to lands transferred to, or by, a Bhoodan Samiti recognised by State Government;(e)to a holding taken 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 [***] [The portion begining with 'or to the lands taken under management temporarily' and ending with 'rightful holders' was deleted, ibid, s. 17 (ii).]Provided that on and after the expiry of the period of lease of any land ferrerred to in clause (c), the lessee thereof shall be deemed to be a tenant under section 6 and the foregoing provisions of this Act shall apply to such laud and the lease thereof, subject to the modification that the landlord shall be entitled to terminate such lease Amides section 38 within two years from the date on which the provisions of of this Act became applicable thereto:[Provided further that, with effect from the date on which the management of a holding referred to in Clause (e) is terminated, the foregoing provisions of this Act, shall apply to such holding subject to the following modifications, namely:(a)if on the date of the termination of the management, any land comprised in such holding is in the possession of a tenant holding it from the landlord immediately before the assumption of the management or where such tenant is dead, in the possession of the successor-in-title, and if the management had been assumed before the landlord could exercise the right to terminate the tenancy under Section 38, then the landlord shall be entitled to terminate such tenancy under Section 38 within two years from such date;(b)if on the date of the termination of the management, any land comprised in such holding is in the possession of a lessee holding it under a lease granted by the Court of Wards, Government Officer, Civil, Revenue or Criminal Court or as the case may be, the receiver, the lessee shall be deemed to be a tenant of such land under Section 6 and the landlord shall be entitled to terminate such tenancy under Section 38 within two years from such date.]
