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TYPE OF TENURE IN . ZALR Act. U/S -129. THERE ARE FOLLOWING CLASSES OF TENURES--. Bhumidhar with transferable rights Bhumidhar with non-transferable rights Asami; Government lessee . . BHUMIDHAR WITH TRANSFERABLE RIGHTS U/S 130.
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TYPE OF TENURE IN ZALR Act
U/S -129. THERE ARE FOLLOWING CLASSES OF TENURES-- • Bhumidhar with transferable rights • Bhumidhar with non-transferable rights • Asami; • Government lessee.
BHUMIDHAR WITH TRANSFERABLE RIGHTS U/S 130 a) bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977; (b) a sirdar referred to in clause (a) or clause (c) of section 131, as it stood immediately before the said date ; (c) every person who any other manner acquires on or after the said date the rights of such a bhumidhar under or in accordance with the provision of this Act.]
Bhumidhar with Non- Transferable Rights U/S 131 Every person belonging to any of the following classes- • Who was admitted as Sirdar before UP Landlaw amendment Act -1977 • Person who was allotted Bhoodan land • Who becomes bhumidhar with non transferable rights under ZALR
131-A. Bhumidhari rights in Gaon Sabha or State Government land Subject to the provision of section 132 and section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under section 117, other than the land notified under section 20 of the Indian Forest Act, 1927, before the 30th day of june, 1978, shall be deemed to have become a bhumidhar with non-transferable right of such land :
Bhumidhar with non-transferable rights to become bhumidhar with transferable rights. U/S 131-B • a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abloition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement.
. (2) a bhumidhar with non-transferable rights on the commencement referred to in sub-section (1), or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights.
Bhumidhari Right shall not accrue on- u/s132 • Pasture or land covered by water • tracts of shifting cultivation • Land for public purposes
Rights of Bhumidhar- • Bhumidhar with transferable rights has the right to exclusive possession of land and can use it for any purpose • Bhumidhar with non- transferable rights has the right to exclusive possession of land and can use it for agriculture & allied activities
Rights of Bhumidhar- • u/s 161, a bhumidhar can exchange his land either with anather bhumidhar or gaon sabha • u/s 169 a Bhumidhar with transferable rights may bequeath (for members of SC/ST needs permission of collector)
RISTRICTIONS- • A transfer by which transferee become entitled greater than 5.05 ha. Is prohibited (u/s 154) • Foreign nationals can not acquire land without prior approval of state Govt (u/s 154A) • A Mortgage with possession is prohibited (u/s 155)
RISTRICTIONS- • No bhumidhar or Asami can let for any period any part of his holding except in cases provided u/s 157 or to educational institutions connected with agriculture. • No Bhumidhar belonging to SC/ST can transfer his holding to a non SC/ST without Collectors permission
Section -166 • A transfer made in contravention of provision of ZALR shall be void • Result-the land in question along with trees crops well existing on such land will vest in State Govt.
Effect of lease in contravention of section 157 • U/S 165, the lessee will become Bhumidhar with non-transferable rights (if total land held by him is less than 12.50 acres) • If land held by lessee is more than 12.50 acres , land in question will vest in State