Meaning of tenure
The tenure has not defined in this up land revenue code the general meaning of tenure is, a legal right to live in a place, hold a job, use land, etc. for a certain time period.
Asami meaning
Asami is the inferior most tenure holder, his rights are neither permanent nor Transferable but are only heritable. Section 78.
Government lessee meaning
Every person to whom the land is let out by the State Government is a Government lessee in respect of such land. Section 147, section 148 of this up land revenue Code.
Classes of tenures section 74
There shall be following classes of tenure holders, namely-
(a) Bhumidhar with transferable rights
(b) Bhumidhar with non-transferable rights
(c) Asami
(d) Government lessee.
Bhumidhar with transferable rights Section 75 Up land revenue code, Tenure
Every person belonging to any of the following classes, shall be called bhumidhar with transferable rights.
And shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code namely.
- (a) Every person who was a bhumidhar with transferable rights immediately before the date of commencement of this Code.
- (b) Every person who in any other manner acquires, on or after the said date,
- The rights of such a bhumidhar under or in accordance with the provisions of this Code or under any other law for the time being in force.
Bhumidhar with non-transferable rights Section 76 up land revenue code , Tenure
Section 76(1) up land revenue code
Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights.
And shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code namely:-
Up land revenue code Section 76(1)(a)
- Every person who was a bhumidhar with non-transferable rights immediately before the date of commencement of this Code.
Section 76(1)(b) up land revenue code
- Every person who is admitted as a bhumidhar with non-transferable rights on or after the said date by the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code.
Up revenue code Section 76(1)(c)
- Every person who is allotted any land on or after the said date under the provisions of the Uttar Pradesh Bhoodan Yajna Act, 1952.
Section 76(1)(d) Up land revenue code
Every person who is allotted any land on or after the said date under the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
Up land revenue code Section 76(1)(dd)
Every person who was an asami in possession of land not covered by section 77 of this Code, immediately before the date of the commencement of this Code.
And had been recorded as such in class of the annual register (khatauni) of 1407 Fasli:-
Provided that where the land in possession of a person, together with any other land, held by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh.
Imposition of Ceiling on Land Holdings Act, 1960, the rights of a Bhumidhar with non-transferable rights shall accrue in favour of such person in respect of so much area of the first mentioned land.
As together with such other land held by him, does not exceed the ceiling area applicable to him,
And the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act.
Section 76(1)(e) Up land revenue code
Every person who in any other manner acquires on or after the said date, the rights of such a bhumidhar under or
In accordance with the provisions of this Code, or any other law for the time being in force.
When can bhumidhar with non transferable right convert to bhumidhar with transferable rights?
Section 76(2) and Section 76(3) of uttar pradesh land revenue code 2006 states that in section 76(2) bhumidhar for a period of five years or more, on commencement of this Code.
Section 76(3) states five year from his becoming bhumidhar with non transferable rights.
These section states When can bhumidhar with non transferable right convert to bhumidhar with transferable rights
Uttar pradesh land revenue code Section 76(2)
Every person who was a bhumidhar with non-transferable rights immediately before the commencement of this Code.
And had been such bhumidhar for a period of five years or more, shall become bhumidhar with transferable rights on such commencement.
Section 76(3) Up land revenue code
Every person who was a bhumidhar with non-transferable rights on the commencement referred to in sub-sections (1) and (2) .
Or becomes bhumidhar with non-transferable rights after such commencement shall become bhumidhar with transferable rights
After expiry of five years from his becoming bhumidhar with non-transferable right.
Up land revenue code Section 76(4)
Notwithstanding anything contained in any other provisions of this Code, if any person transfers land by sale
After becoming bhumidhar with transferable rights under sub-section (2) or sub section (3).
He shall not be eligible for lease of any land vested in the Gram Panchayat or the State Government or
The surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
Bhumidhari rights not to accrue in certain lands Section 77 up land revenue code
Notwithstanding anything contained in this Code or any other law for the time being in force, no person shall acquire the rights of a bhumidhar in the following land:-
(a) Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground,
(b) land covered by water and used for the purpose of growing singhara or other produce,
(c) land situate in the bed of a river and used for casual or occasional cultivation,
(d) such tracts of shifting or unstable cultivation which the State Government may by notification
specify,
(e) land declared by the State Government to be intended or set apart for taungya plantation and
notified as such,
(f) grove land entrusted or deemed to be entrusted to a Gram Panchayat or any other local authority under section 59,
(g) land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a
Gram Panchayat or any other local authority under section 59,
(h) land acquired or held for a public purpose or a work of public utility,
(i) land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita,
(j) any other land which the State Government may, by notification, specify in this behalf.
Explanation.- The expression ‘public purpose’, in clause (h) shall include:
Gi) land set apart for military encamping ground,
Gi) land included within railway or canal boundaries,
(ii) land acquired and held by a local authority for its own purposes,
(iv) land referred to in section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953,
or
(v) land reserved by a Gram Panchayat for the purposes of public utility.
Section 77(2) Up land revenue code
Notwithstanding anything to the contrary contained in other provisions of this Code, where any land or part thereof specified in sub-section(1) of this section is, surrounded by or,
In between, or on the edges and necessary for public purpose, the plot or plots of land purchased, acquired or
Resumed for public purpose, the State Government may change the class of such public utility land, and if class of such public utility land is changed,
Any other land equivalent to or more than that of the aforesaid public utility land, shall be reserved for the same purpose in the same or any nearby Gram Panchayat or local authority,
As the case may be or the State Government may permit the exchange thereof under section 101 of this Code in the manner prescribed.
Provided that the class of any public utility land may be changed only in exceptional cases on such terms and conditions,
As may be prescribed. The reason for changing the class of public utility land shall be recorded in writing.
Up land revenue code Section 77(3)
The State Government, while changing the class of the land or permiting the exchange of the same under section 101 of the Code,
Shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged.
Section 77(4) up land revenue code
If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly.
Explanation:- The expression ‘public purpose’, in sub-section (2) of this section means, mutatis
mutandis,
‘The public purpose’ as defined in clause (za) of section 3 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Asami Section 78 uttar pradesh land revenue code
Every person belonging to any of the following classes, shall be called an asami,
And shall have all the rights and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely:-
(a) Subject to the provisions of clause (dd) of sub-section (1) of section 76 of this Code, every person who was an asami immediately before the date of commencement of this Code,
(b) Every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code,
(c) Every person who is admitted as lessee on or after the said date, by a bhumidhar of any land under or in accordance with the provisions of this Code,
(d) every person who in any other manner acquires the rights of an asami under or
In accordance with the provisions of this Code or any other law for the time being in force.
Right of Bhumidhars to exclusive possession Section 79 Up land revenue code, Tenure
(1) A bhumidhar with transferable rights
shall, subject to the provision of this Code,
Have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for any purpose whatsoever.
(2) A bhumidhar with non transferable rights shall, subject to the provisions of this Code,
Have the right to exclusive possession of all land of which he is such a bhumidhar,
And to use such land for any purpose connected with agriculture.
Use of holding for Industrial, Commercial or Residential purposes Section 80 Up land revenue code, Tenure
Section 80(1) up land revenue code, deemed declaration
Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may, suo motu or
On an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration.
That the land is being used for the purpose not connected with agriculture or reject the application.
The Sub-Divisional Officer shall take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected.
The Sub-Divisional Officer shall state the reasons in writing for such rejection and inform the applicant of his decision.
Provided that if the application for declaration is accompanied with the prescribed fee and in case of joint holding, no objection of co-tenure holders is attached in case of co-tenure holder.
And if the declaration is not made by the Sub Divisional Officer with forty-five days as aforesaid, then the declaration shall be deemed to have been made.
Tehsildar will make a record of it in the revenue records, with the comment “subject to the order of the Sub-Divisional Officer”.
If any affected party wants to file an objection in relation to the said declaration, it may file an objection in the competent court.
Lapse of declaration
If the bhumidhar fails to start the proposed non- agriculture activity within a period of five years from the date of declaration then the declaration shall lapse.
Uttar pradesh land revenue code Section 80(2)
Where a bhumidhar with transferable rights proposes to use in future his holding or part thereof, for industrial, commercial or residential purposes.
The Sub-Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed,
Either make a declaration that the land may be used for the purpose not connected with agriculture or reject the application,
Within forty five working days from the date of receipt of the application.
In case the application is rejected, the Sub-Divisional officer shall state the reasons in writing of such rejection and inform the applicant of his decision:-
Provided that for declaration under this sub section there must exist a boundary wall surrounding the holding or part thereof, which is proposed to be used for such purpose.
Provided further that if the bhumidhar fails to start the proposed non agricultural activity within a period of five years from the date of declaration under this sub-section,
then the declaration under sub-section (2) for the holding or part thereof shall lapse:
Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only.
However, the bhumidhar shall be entitled to obtain loan and other necessary permissions, clearances etc.
For the activity or project, proposed on the holding or part thereof, for which declaration under this sub- section has been obtained.
Section 80(3) uttar pradesh land revenue code
A bhumidhar possessing declaration under sub-section (2) for his holding or part thereof, may apply to Sub-Divisional officer for converting declaration under sub-section(2) to a declaration under sub-section (1),
After completion of construction activity or start of the proposed non- agricultural activity, within a period of five years from declaration under sub-section (2).
On receipt of such an application, the Sub-Divisional officer, after making such enquiry as necessary, shall approve or reject the application within a period of 15 days from the receipt of the application.
In case of rejection, he shall record in writing the reasons for such rejection.
Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1).
The bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount already paid by him for declaration under sub-section (2) earlier.
Up land revenue code Section 80(4)
Maintainability of application
No application for a declaration under sub-section (1) or (2), moved by any co-bhumidhar by all the co-bhumidhars of such bhumidhari land.
In case only one of the co-bhumidhar wants to get a declaration for his share in the land with joint interest.
Then such an application shall be entertained only after the respective shares of the co-bhumidhars in the land have been divided in accordance with the provisions of law.
Section 80(5) up land revenue code
The application for declaration (under sub-section (1) or sub-section(2)) shall contain such particulars and shall be made in such manner as may be prescribed.
Uttar Pradesh land revenue code Section 80(6), Tenure
Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the sub-divisional officer may, in the manner prescribed, demarcate such part for purposes of such declaration.
Section 80(7) Up land revenue code
Grounds for rejection of application for declaration
No declaration under this section shall be made by the sub-divisional officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance
Or to affect adversely public order, public health, safety or convenience or which is against the uses proposed in the master plan.
Uttar pradesh land revenue code Section 80(8), Tenure
In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority,
Then prior permission of the concerned Development Authority shall be mandatory.
Section 80(9) Uttar pradesh land revenue code, Tenure
The State Government may fix the scale of fees for declaration under this section and different fees may be fixed for different purposes:
Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section.
Consequences of declaration Section 81 up land revenue code
Where a declaration has been made under sub section (1) of section 80 the following consequences shall, in respect of such holding or part to which it relates ensue:-
(a) All restrictions imposed by or under this chapter in respect of transfer of land shall cease to apply to the bhumidhar with transferable rights.
(b) Notwithstanding anything contained in chapter XI, the land shall, with effect from the commencement of the agricultural year following the date of declaration, be exempted from payment of land revenue.
(c) The bhumidhar shall, in the matter of devolution be governed by the personal
law to which he is subject.
Cancellation of declaration Section 82 up land revenue code, Tenure
Section 82(1) up land revenue code
Whenever any holding or part thereof in respect of which a declaration has been made under section 80 is used for any purpose connected with agriculture.
The Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.
Uttar Pradesh land revenue from Section 82(2) , Tenure
Consequences of cancellation of declaration
Where a declaration is cancelled under sub-section (1) the following consequences shall, in respect of the holding or part to which it relates ensue namely:-
(a) the holding or part shall become subject to all restrictions imposed by or under this chapter in matters of transfer and devolution.
(b) the holding or part shall become liable to payment of land revenue with effect from the commencement of the agriculture year in which the order for cancellation of the declaration is made:-
Provided that until any land revenue is reassessed on such holding or part in accordance with the provisions of this Code.
The land revenue payable or deemed to be payable in respect of such holding or part before the grant of declaration under section 80 shall be deemed to be the land revenue payable in respect of such holding or part.
(c) Where the land is in possession of any person other than the bhumidhar thereof on the basis of a contract or lease, and the terms of such contract or lease are inconsistent with the provisions of this Code.
Such contract or lease shall, to the extent of the inconsistency, become void and the person in possession shall be liable to ejectment on the suit of the bhumidhar:
Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured on such land.
Be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed.
Recording of declaration or cancellation section 83
Every declaration under section 80 or
cancellation under section 82 shall be recorded in record of rights in the manner as may be prescribed.
And even after declaration under section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed.
Right of an asami for exclusive possession of his holding Section 84 up land revenue code
An asami shall, subject to the provisions of this Code, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture:
Provided that no asami shall be entitled to use any land declared by the State Government by notification to be intended or set apart for taungya plantation, for any purpose other than cultivation and raising of crops.
Consequences of using the land in contravention of the provisions of this Code Section 85 up land revenue code
Section 85(1) up land revenue code
Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of section 79.
He shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the Gram Panchayat.
Up land revenue code Section 85(2)
Where an asami uses his holding or part thereof for any purpose not permitted by section 84, he shall,
notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part, on the suit of the land holder.
Section 85(3) up land revenue code, Tenure
A decree for ejectment under this section may direct payment of damages equivalent to the cost of works which may be required to restore the land to its original condition.
Extinction of interest of bhumidhar with non-transferable rights or asami Section 86 up land revenue code, Tenure
Here a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with section 85.
All rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished.
Improvement not to be removed Section 87 Up land revenue code, Tenure
(1) It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar for cultivation of such land or for more convenient use thereof.
(2) where the right, title or interest of any tenure holder in any holding or part is extinguished under or in accordance with the provisions of this Code,
He shall not be entitled to remove or appropriate any improvement made by him under subsection(1).
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