Special provisions relating to institutions which have opted for annuity purchase price

Special provisions relating to institutions which have opted for annuity purchase price. (1) Notwithstanding anything contained in sections 80J and 80K, where in respect of a holding the landowner or intermediary is a religious, charitable or educational institution of a public nature and ---

(a) an application from such institution for annuity is pending on the date notified by the Government under sub-section (1) of section 80; or

(b) the annuity payable to such institution has been determined, but no notification has been issued under sub-section (9) of section 74,

the Government shall pay to such institution the annuity that would have been payable to the institution under section 75, from the date notified under sub-section (1) of section 80, and the Government shall be entitled, subject to the provisions of section 78, to the purchase price payable by the cultivating tenant and, in the case of any holding, the right, title and interest in respect of which have not vested in the Government on the said date, also the rent to which such institutions entitled from the said date till its right, title and interest are vested in the Government:

Provided that nothing contained in this sub-section shall affect the power of the Land Board to decide whether an institution is a religious, charitable or educational institution of a public nature:

Provided further that nothing contained in this sub-section shall apply in the case of an institution, which is found by the Land Board not to be a religious, charitable or educational institution of as public nature.

(2) An application from a religious, charitable or education institution of a public nature for annuity pending or deemed to be pending on the date notified by the Government under sub-section (1) of section 80 shall, on the date of publication of the Mahe Land Reforms (Amendment) Act, 1980, in the Official Gazette, abate, and where any such application has been made after the date of such publication, that application shall abate on the date on which it is received by the Land Board.

(3) For the removal of doubts it is hereby clarified that the annuity payable to a religious, charitable or education institution of a public nature whose application abates under sub-section (2) shall be determined by the Land Tribunal under section 80H and that section 74 will not apply for such determination.

(4) Notwithstanding anything contained in sections 73 to 77, a religious, charitable or educational institution of public nature which has not expressed its choice for annuity instead of purchase price before the date notified under sub-section (1) of section 80 shall not be entitled to express such choice, and such institution shall be entitled only to the compensation under section 80A.