Transfers of Bhumidhar interest, up land revenue code

Uttar pradesh land revenue code Section 88 to 106 deals with Transfers of Bhumidhar interest, exchange, lease, mortgage, consideration.

Transferability of a bhumidhar’s interest Section 88 Up land revenue

(1) The interest of a bhumidhar with transferable rights shall, subject to the provisions of this Code, be transferable.
(2) Save as otherwise expressly provided by this Code or any other law for the time being in force, the interest of a bhumidhar with non-transferable rights or an asami in any holding shall not be transferable.

Restrictions on transfer by bhumidhar section 89, up land revenue code

(1) No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3).

No person shall have the right to acquire, up revenue code, Transfers of Bhumidhar interest

(2) Subject to the provisions of sub-section (3),
No person shall have the right to acquire by purchase or gift any holding or part thereof from a bhumidhar with transferable rights.
Where the transferee shall, as a result of such acquisition, become entitled to land which together with land.
If any, held by such transferee and where the transferee is a natural person, also together with land,
If any, held by his family shall exceed 5.0586 hectares in Uttar Pradesh.

Explanation:- The expression ‘person’ in this sub-section means natural or legal person.

Exception of exceed 5.0586 hectares in up land revenue code, Transfers of Bhumidhar interest

(3) The State Government or an officer authorized for this purpose under this Act may approve an acquisition or purchase done or proposed to be done, in excess of the limits specified in sub-section (2).
If such acquisition or purchase is in favour of a registered firm,
company,
Partnership firm,
Limited liability partnership firm,
Trust,
Society or
Any educational or
A charitable institution.
And if it is of opinion that the acquisition or purchase would be in public interest and likely to generate economic activities (other than agricultural) and provide employment.
In such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 shall not apply to such acquisition.

Without obtaining prior approval under this sub section or section 154(3) of up zamindari abolition and land reforms act, 1950

Provided that where the land has been acquired or purchased by a registered firm,
Company partnership firm,
Limited liability partnership firm,
Trust,
Society or
Any other educational or
A charitable institution.
Without obtaining prior approval under this sub- section or sub- section (3) of section 154 of the uttar pradesh zamindari abolition and land reforms act, 1950.
As enacted before the repeal, the state government or an officer authorized for this purpose under this act may give its approval.
For regularizing such acquisition or purchase after payment of an an amount as fine which shall be ten percent of the cost of the land in excess of the limit prescribed under subsection (2) calculated as per the circle rate prevailing at the time of making the application.

Made in the public interest, Transfers of Bhumidhar interest, up land revenue code

Provided further that where the State Government is satisfied that any transfer has been made in the public interest under various promotion investment policies. or
for the projects being encouraged by the State Government, for the establishment of private universities
and medical colleges,
it may exempt any such transferee from the payment of fine under this sub section.

Conditions, Transfers of Bhumidhar interest public interest, up land revenue

(4) Permission under sub-section (3) for acquisition or purchase of land by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution in excess of limits.

Prescribed under sub-section (2) shall be granted, on the conditions and in the manner prescribed, under sub-section (2) shall be granted, on the conditions and in the manner prescribed by:-

(i) The Collector concerned for acquisition or purchase of land upto 20.2344 hectares.
(i) The Commissioner concerned for acquisition or purchase of land more than 20.2344 hectares and upto 40.4688 hectares.
(iii) The State Government for acquisition or purchase of land more than 40.4688 hectares.

Applicant fails, Transfers of Bhumidhar interest, up land revenue

Provided that if the applicant fails to set up the project within a period of five years from the date of grant of permission under sub-section (3).
The same shall lapse and the land acquired or purchased in excess of the limit prescribed under sub-section (2) shall vest in the State and the consequences of section 105 shall become applicable.
Provided further that the State Government may extend the period of permission granted under sub section (3) for a further period of maximum three years, after recording reasons for the same.

Persons other than Indian nationals not to acquire land, section 90 up land revenue

Notwithstanding anything contained in this Code or in any other law for the time being in force,

No person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift. or
In any other manner involving transfer of possession in his favour, without prior permission in writing from the State Government.

Purposes of not to acquire land, up land revenue code

Explanation- For the purposes of this section, the expression “an Indian citizen” includes
any company or
association or
body of individuals,
Whether incorporated or not,
Which is wholly or substantially owned or controlled by Indian citizens.

Restrictions on transfer by mortgage Section 91 Up land revenue

No bhumidhar shall have right to mortgage any holding or its part,

Where possession of the mortgaged property is transferred or
Agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.
This section 91 does not take away the right to mortgage,
Bhumidhar only can not enter into that type of mortgage in which possession of mortgaged land is to be transferred to the mortgagee.

Mortgage of land by bhumidhar with non-transferable rights Section 92 up land revenue

Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in any holding or its part may be-

(a) Transferred by mortgage without possession as security for a loan taken or to be taken from the State Government or a bank or a cooperative society or the U.P. State Agro Industrial Corporation Ltd., or
Any other financial institution owned and controlled by such Government.
(b) Sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in proceedings for collection of land revenue under Chapter XII.

Transfer of possession for securing money shall be deemed to be a sale

If any bhumidhar transfers possession of any holding or part thereof for the purpose of securing any money advanced by way of loan or in lieu of interest on such loan.

Then, notwithstanding anything contained in any law or contract or document of transfer, the transaction shall be deemed at all times and for the purposes of this Code.

To be a sale to the transferee, and to every such sale, the provisions of section 89 shall apply.

Section 94 up land revenue code, Lease by a Bhumidhar

(1) A Bhumidhar may lease out his holding or any part thereof to Lease by a any person, firm, company, partnership firm, limited lability Bhumidhar partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant. Such lease shall be known as the private lease by a bhumidhar.

Private lease by a Bhumidhar, up land revenue code

(2) Private lease by a Bhumidhar means a contract based on an agreement, with mutually agreed terms and conditions, between Lessor, who may be a Bhumidhar and the Lessee who wishes to undertake agricultural activities. or
Set up a solar energy plant, by which the Lessor grants permission to the Lessee to use the land or holding or any part thereof for agricultural purposes. or
For establishment of solar energy plant, against a consideration in cash or kind or a share of produce, payable to the Lessor as per the lease agreement.

(3) Period of private lease by a bhumidhar maximum period of the private lease by a Bhumidhar shall not exceed fifteen years at a time.

Provided that, after the expiration of the first lease period, the duration of lease period may be further extended by mutual consent of the Lessor and the Lessee.

Provided further that for purpose of establishing a solar energy plant, the maximum period may be upto thirty years.

Conditions of the private Lease by a bhumidhar, Up land revenue

(4) Conditions of the private Lease by a bhumidhar- The terms and conditions of the private lease by a bhumidhar shall be as mutually agreed between the Lessor and Lessee. The general conditions of the lease shall be in the manner as may be prescribed.

Lease, how made, its termination and any dispute arising therto.

Private lease by a bhumidhar may be oral or in writing or Registered.
(1) Private Lease by a bhumidhar for a single crop or its termination for period upto one year may
be either oral or in writing. Lease agreement for period exceeding one year shall be made by a
registered instrument only.

Written or registered lease agreement, Up land revenue

(2) Private Lease by a bhumidhar to be recorded in remarks column of Record of Rights –

In case of written or registered lease agreement,
a copy of the agreement or deed shall be made available to Revenue Inspector concerned.
Who shall pass order for recording the details of the private lease by a bhumidhar lease agreement
(names and other details of Lessor and Lessee, date of agreement, period of lease, proposed use of land, and annual lease rent) in the Remarks column of Record of Rights (khatauni).

Tenancy Right, up land revenue code

कमरे, फ़्लैट, भवन या भूखंड का किराया देकर उपयोग करने का कार्य; किराएदारी,

(3) Private Lease by a bhumidhar shall not create any type of Tenancy Right- An agreement of private lease by a Bhumidhar either registered under the Registration Act 1908 or
Counter signed by a Revenue Officer or Gram Pradhan or notarized by a Notary or oral, shall not create. or
Confer any rights or interest in favour of the Lessee over the leased land, including
Protected tenancy or occupancy right or
Any other right against eviction बेदख़ली or
Lease termination, other than those contained in this Act. or
Rules, the lease agreement shall not be used by the Lessee to establish and permanent right over the leased land in any Court of Law.

Resumption of Land, up land revenue code

(4) After expiration of the private lease by a bhumidhar period of or
Termination of such private lease, the instrument of private lease by a bhumidhar shall be a nullify and.
If the period of such private lease is not extended, the leased land shall automatically revert to the Lessor and the Lessee shall hand over peaceful possession of the land, free from all encumbrances, to the Lessor and shall cease to have any right, title or interest in the land so leased out.

Pending before any Court of Law, private lease made under Section 94 up land revenue code

Explanation- Regardless of any dispute, arising out of private lease made under Section 94, pending before any Court of Law, the Lessor shall be entitled to get peaceful possession of the leased land after the expiration of the private lease period and the Lessee shall have no right to retain possession over the leased land.

Effect of Private Lease by a bhumidhar

(5) Effect of Private Lease by a bhumidhar – The Provisions contained in the Code regarding private lease by a bhumidhar shall not have retrospective effect.

Termination of the private lease by a bhumidhar

(6) Termination of the private lease by a bhumidhar –

(a) Unless extended by mutual consent between the Lessor and Lessee, the private lease agreement would terminate on expiry of the private lease period mentioned in the agreement.

Non-payment of consideration amount

(b) In case of non-payment of consideration amount or annual lease rent by the Lessee by the due date, or if any Of the terms and conditions of the I private lease are violated by him,
The private lease by a bhumidhar agreement may be terminated by the Lessor, prior to-expiry of the lease period, after giving due notice to the Lessee in writing.

Proposed to be terminated prematurely by the Lessor

(c) In case the private lease agreement is proposed to be terminated prematurely by the Lessor, then the Lessee shall be entitled to remove such structures, maninery eft. that were created.
Or installed by the Lessee on the . leased land. The Lessee would also be entitled to recover such damages and compensation from the Lessor, as agreed upon and laid down in the private lease agreement.

Lessee wishes to terminate

(d) In case the Lessee wishes to terminate the lease agreement prematurely or
surrenders the land during the private lease by a bhumidhar period.
Then he shall have to give at least six months’ notice to the Lessor and shall also be liable to pay the annual rent for the remaining part of the year to the Lessor.
In addition to such other compensation, as agreed upon and laid down in the private lease by a bhumidhar agreement or as prescribed.

After expiration of the private lease

(e) In case after expiration of the private lease by a bhumidhar period or termination of the lease agreement,
The Lessee fails to handover peaceful possession of the leased land to the Lessor, the Lessee shall be treated as unauthorised occupant and Shall be liable to be ejected from the leased land.
The Lessee shall also be liable to pay such penal rent or damages to the Lessor for the period of unauthorised occupation, as provided in the private lease by a bhumidhar agreement, in addition to the cost of such ejection.

Terminate the private, lease mutually agreed terms

(f) The Lessor and Lessee may terminate the private, lease by a bhumidhar on mutually agreed terms at any time.

Disputes arising out of the private lease by a bhumidhar

(7) Disputes arising out of the private lease by a bhumidhar-

(a) In an event of a dispute arising out of the private lease agreement by a bhumidhar, or
any terms and conditions thereof, the Lessee and the Lessor shall make all efforts to amicably मित्रभाव से resolve and settle the dispute amongst themselves or
If mutually agreed, by using mediation by a third party arbitrator or
Gram Panchayat or Village Revenue Committee.

Petition before the Sub-Divisional Officer

(b) If the dispute is not settled through the mechanism mentioned in clause (a)
either party may file a petition before the Sub-Divisional Officer.
(c) The Sub-Divisional Officer shall adjudicate the dispute using the summary procedure within a period of thirty days of its institution.
(d) An appeal against the order, other than an interim order, passed by a Sub-Divisional Officer,
shall lie before the Commissioner.
The decision of Commissioner shall subject to the provision of section 210, be final.

Restrictions on transfer by bhumidhars belonging to a scheduled caste

(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing.

Exception, on transfer by bhumidhars belonging to a scheduled caste

Provided that the permission by the Collector may be granted only when-

(a) The bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of section 108 or clause (a) of section 110, as the case may be. or
(b) The bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business. or
(c) The Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land.

(2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.

Restrictions on transfer by bhumidhars of scheduled tribs

(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing.

Exception on transfer by bhumidhars of scheduled tribs, Transfers of Bhumidhar interest

Provided that the permission by the Collector may be granted only when-

(a) the bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of section 108 or clause (a) of section 110, as the case may be. or
(b) The bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business. or
(c) The Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land.

(2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.

Restrictions on transfer by bhumidhars of scheduled tribs, Transfers of Bhumidhar interest

Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled trib shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled trib.

Mortgage by members of scheduled caste and scheduled tribs, Section 100 Up land revenue

A bhumidhar or an asami belonging to a scheduled caste or a scheduled trib may, notwithstanding anything contained in any other provision of this Code.

Transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of section 92.

Exchange section 101 up land revenue code, Transfers of Bhumidhar interest

(1) Notwithstanding anything in section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land:-

(a) held by another bhumidhar, or
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under section 59.

Sub-Divisional Officer shall refuse permission of exchange, up land revenue code

(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely:-

(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation, or
(b) if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per cent of the lower valuation. or
Provided that permission for exchange may be granted even if the valuation of private land offered for exchange is more than ten percent of the value of the public land.

Exchange exceeds, up land revenue code, Transfers of Bhumidhar interest

(c) if the difference between the areas of the land given and received in exchange exceeds twenty five per cent of the lesser area. or
Provided that permission for exchange may be granted even if the area of private land offered for exchange is more than twenty five percent of the area of the public land.

Bhumidhari rights do not accrue, Exchange up land revenue code

(d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue or
(e) if the land is not located in same or adjacent village of the same tahsil.

Provided that the State Government may permit the exchange with land mentioned in clause (d) aforesaid, on the conditions and in the manner, prescribed.

Empower any person to exchange, Transfers of Bhumidhar interest

इस धारा में कुछ भी किसी को सशक्त बनाने वाला नहीं समझा जाएगा ।
(3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers.
(4) Nothing in the Registration Act, 1908, shall apply to an exchange in accordance with this section.

Consequences of exchange, Section 102 Up land revenue code

Where an exchange is made in accordance with section 101:-

(a) the parties to the exchange shall have the same rights in the land received in exchange as they had in the land given.
(b) the Sub-Divisional officer shall order the record of rights (Khatauni) to be corrected accordingly. and
(c) the amount of land revenue assessed, payable or deemed to be payable for the land so exchanged shall not be affected thereby.

Transfer in contravention of this Code to be void Section 104 Up land revenue

Every Lease or transfer of interest in
any holding or part thereof made by a bhumidhar or any asami in contravention of the provisions of this Code shall be void.

Consequences of transfer by bhumidhar in contravention of the Code Section 105 up land revenue code

1) Where transfer of interest in any holding or part made by a bhumidhar is void under section 104, the following consequences shall, with effect from the date of such transfer, ensue, namely:-

(a) the subject matter of such transfer shall vest in the State Government free from all encumbrances.
(b) the trees,
crops,
wells and other improvements,
existing on such holding or part shall vest in the State Government free from all encumbrances.
(c) the interests of the transferor and the transferee in the properties specified in clauses (a) and (b) shall stand extinguished.
(d) the extinction of interest of the transferor under clause (c) shall operate to extinguish the interest of any asami holding under him.
(e) the provisions of this section shall not apply to any lease made under section 94.

Vested in the State Government, Transfers of Bhumidhar interest, up land revenue code

(2) Where any land or other property has vested in the State Government under sub section (1) it shall be lawful for the Collector to take over possession of such land and other property.

And to direct that any person occupying such land or property be evicted there from, and for that purpose.

The Collector may use or cause to be used such force as may be necessary and the provisions of section 59 mutatis mutandis shall apply to such property.

Consequences of transfer made by asami in contravention of this Code, section 106 up land revenue code

Where transfer of interest in any holding or part made by an asami is void under section 104 .

Such asami shall be liable to ejectment on the suit of the Gram Panchayat.

Or other land holder, as the case may be, in accordance with the provisions of this Code.