Exemption from certain provisions to lands to local authorities, universities and trusts. 94

88B. 2[(1)] Nothing in the foregoing provisions, except sections 3, 4B, 8, 9, 9A, from certain 9B, 9C, 10, 10A, 11, 13 and 27 and the provisions of Chapters VI and VIII in so far as provisions to the provisions of the said Chapters are applicable to any of the matters referred to in the lands to local authorities, sections mentioned above, shall apply— universities and trusts. (a) to lands held or leased by a 3[ * * *] University established by law in the 4[Bombay area of the state of Gujarat]; and 1. This sub-section was inserted by Guj. 16 of 1960, s. 27 (2). 2. Section 88B was renumbered as sub-section (1) of that section by Bom. 33 of 1957, s. 31. 3. The words "local authority or" were deleted by Guj. 36 of 1965, s. 19 (1). 4. These words were substituted for the words "Pre-Re organisation State of Bombay excluding the transferred territories" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) (Third Amendment) Order, 1960. 1948 : Bom. LXVII] The Gujarat Tenancy And Agricultural Lands Act, 1948 95 (b) to lands which are the property of a trust for an educational purpose 1[a hospital, Panjrapole.] 2[or Gaushala]; 3[(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:— maintenance of water works, lighting or filling of water throughs for cattle:] Provided that — (i) such trust is or is deemed to be registered under the Bombay Public Trusts Act, Bom. XXIX 1950, and of 1950. (ii) the entire income of such land is appropriated for the purposes of such trust. 4[(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.] 5[(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 consitituted.] Guj. 88C. (1) 6[Save as otherwise provided by the Bombay Tenancy and Agricultural Lands Exemption from certain XVI (Gujarat Amendment) Act, 1960, nothing in sections] 32 to 32R (both inclusive) shall apply provisions to of 1960. to lands leased by any person if such land does not exceed an economic holding and lands leased by the total annual income of such person including the rent of such land does not exceed ` persons with 1,500: the annual income not exceeding Porvided that the provisions of this sub-section shall not apply to any person who ` 1,500. holds such land as a permanent tenant or who has leased such land on permanent tenancy to any other person. 7[(2) Every person eligible to the exemption provided in sub-section (1) shall make an application in the prescribed from 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]: 1. These words were substituted for the word "hospital" by Bom. 15 of 1957, s. 16. 2. These words were substituted for the words "Gaushala or an institution for public religious worship" by Guj. 16 of 1969, s. 31, Sch. item (1). 3. Clause (c) was added by Bom. 63 of 1958, s. 17. 4. Sub-section (2) was inserted by Bom. 38 of 1957, s. 31. 5. Sub-section (3) was inserted by Guj. 36 of 1965, s. 19(2) with effect on and from the date on which Amending Act, 1955 came into force. 6. These words, brackets and figures were substituted for the words "Nothing in section" by Guj. 16 of 1960, s. 28(1). 7. These Sub-section were substituted for the original sub-section (2) by Bom. 38 of 1957, s. 32. 96 [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.] (3) On receipt of such application, the Mamlatdar shall after giving notice to the tenant or tanants 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. 2[ * * * * * * ] Rights of