Gujarat Tenancy and Agricultural Lands Act, 1948
[(1)] [Save as otherwise provided in sub-section (2), nothing in the foregoing provisions of this Act] shall apply— (a) to lands belonging to, or held on lease from, the government; [(aa) to lands held or leased by a local authority; ] (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 is 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]; (c) to an estate or land taken [ * *] under the anagement of the Court of words [or of a Government Officer appointed in his official capacity as a guardian under the Guardians and wards Act, 1890 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 [except as provided in the said chapter IV and in sections 80A, 82, 83,84, 85, 86 and 87:] Provided that with effect from the date on which such estate or land is released from such management, the foregoing provisions of this Act shall apply thereto and in the case 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 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 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 and shall be deemed always to have applied to such termination of tenancy and to the right of the tenant to purchase the land.] 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, 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 lease include a reference to a person to whom the entire interest in the land held on lease, or in any part thereof has been transferred or assigned.]