State Act

43A

Section 43A. Some of the provisions not to apply to leases of land obtained by industrial or commercial undertaking, certain co-operative societies or for cultivation of sugarcane or fruits or flower.

The Bombay Tenancy and Agricultural Lands Act-1948

Act no. 67 of 19481948In forceGujarat (State Act)

43A. (1) The provision of sections 4B, 8, 9, 9A, 9B, 9C, 10, 10A, 14, 16, 17, 17B, 18, 27, 31 to 31D (both inclusive), 32 to 32R (both inclusive), 2[ * * *] 43, 63, 3[63A and 64] shall not apply to— (a) 4[land leased to or held by] any industrial or commercial undertaking (other than a Co-operative Society) which in the opinion of the State Government bonafide carries on any industrial or commercial operations and which is approved by the State Government; (b) lease of land granted to any bodies or persons other than those mentioned in clause (a) for the cultivation of sugarcane or the growing of fruits or flower or for the breeding of livestock; (c) to lands held or leased by such co-operative societies as are approved in the prescribed manner by the State Government which have for their object the improvement of the economic and social condition of peasants or ensuring the full and efficient use of land for agriculture and allied pursuits. (2) The State Government may by notification in the Official Gazette in this behalf direct that the provisions of the said sections shall not apply to a lease of land obtained by any person for growing any other class of agricultural produce to which it is satisfied that it will not be expedient in the public interest to apply the said provisions. Before the issue of such notification, the State Government shall direct an inquiry to be made by an officer authorised in this behalf by the State Government and shall give all persons who are likely to be affected by such notification, an opportunity to submit their objections. (3) Notwithstanding anything contained in sub-section (1) and (2), it shall be lawful for the State Government to direct, by notification in the Official Gazette that the lease 1[or lands, as the case may be,] to which the provisions of sub-section (1) and (2) apply, shall be subject to such conditions as may be specified in the notification, in respect of — (a) the duration of the lease; (b) the improvements to be made on the and the formation of co-operative farming societies for that purpose and financial assistance to such societies; (c) the payment of land revenue, irrigation cess, local fund cess and any other charge payable to the State Government or any local authority; (d) any other matter referred to in sections mentioned in sub-section (1).