GRA 4 — Exemptions.

Gujarat Rent Act (Bombay Rents, amended 2001), 2001

Statutory text

(1) This Act shall not apply to any premises belonging to the Government or a local authority or apply as against the Government to any tenancy or other like relationship created by grant from the Government in respect of premises taken on lease or requisitioned by the Government; but it shall apply in respect of premises let to the Government or a local authority. 15[(JA) This Act shall not apply to—

(a) any premises constructed on or after the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Gujarat Second Amendment) Act, 2001 (hereinafter reffered to as "the amending Act");

(b) any existing premises which is self-occupied by the owner or vacant on or after the commencement of the amending Act, and is let after such commencement; for a period of ten years from the date of the commencement of the amending Act.

Explanation.—For the purposes of this section, "existing premises" means any premises which exists on the date of the commencement of the amending Act.

(2) The [16[State] Government ][may, by a notification in the Official Gazette direct] that all or any of the provisions of this Act 16[shall not, subject to such conditions and terms, as it may specify, 17[apply,—

(a) generally-]] 20[ (i) to premises used for a public purpose of a charitable nature or to any class of premises used for such purpose;

(ii) to premises held by a public trust for a religious or charitable purpose; 21[ * ] (iii) to premises held by a public trust for a religious or charitable purpose and administered by 22[a local authority; or]] 23[(iv) to premises vested by or under the Charitable Endowments Act, 1890, in the Treasurer of Charitable Endowments for India or for any State; or] 24[ (v) to premises constructed or purchased out of the Public Trusts Administration Fund established under section 57 of the Bombay Public Trusts Act, 1950 and vesting in the Charity Commissioner; or 25[ (b) for special reasons to be recorded to any particular premises of the nature referred to in sub-clause (i), (ii) or (iii) of clause (a).] 26

[Explanation.— For the purpose of this section "public trust" means a public trust registered or deemed to be registered under the Bombay Public Trusts Act, 1950 or a Wakf registered or deemed to be registered under the Muslim Wakfs Act, 1954.] 27[ (3) The 16[State] Government may also order direct that all or any of the provisions of Part III shall not apply to such hostel or institution or such class of hostels or institutions, subject to such terms and conditions, if any, as may be specified in the order.] 28[ (4) (a) The expression "premises belonging to the Government or a local authority" in sub-section (1) shall, notwithstanding anything contained in the said sub-section or in any judgement, decree or order of a court, not include a building erected on any land held by any person from the Government or local authority under an agreement, lease or other grant, although having regard to the provisions of such agreement, lease or grant the building so erected may belong or continue to belong to the Government or the local authority, as the case may be; and (b) Notwithstanding anything contained in section 15 such person shall be entitled to create a tenancy in respect of such building or a part thereof 25[whether before or after the commencement of the

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