Type Of Tenure IN ZALR Act

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TYPE OF TENURE

IN

ZALR Act

U/S -129. THERE ARE FOLLOWING

CLASSES OF TENURES--

(1)

(2)

(3)

(4)

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 nontransferable right of such land :

(1)

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 nontransferable 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

on-

u/s132

shall not accrue

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

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