Section 157BB in The U.P. Zamindari Abolition and Land Reforms Act, 1950
157BB. [ Restrictions on transfer by members of Scheduled Tribe becoming a Bhumidhar under Section 131-B. [Inserted by U.P. Act No. 9 of 1997 (w.e.f. 23.05.1997).]
(1)Notwithstanding anything contained in Section 157-B and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to a Scheduled Tribe having become a Bhumidhar with transferable rights under Section 131-B, shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Tribe and such transfer, if any, shall be in the following order of preference :-(a)landless agricultural labourer;(b)marginal farmer;(c)small farmer; and(d)a person other than a person referred to in Clauses (a), (b)and (c).(2)A transfer in favour of a person belonging to Clause (a) of sub-section (1) shall be made in order of preference given below. If a person referred to in Clause (a) is not available then transfer may be made to a person referred to in Clause (b) of the said sub-section and if a person referred to in Clause (b) is also not available then to a person referred to in Clause (c) of the said sub-section and if a person referred to in Clause (c) is also not available then to a person referred to in Clause (d) of the said sub-section in the same order of preference :-(a)first, to the resident of the village where the land is situate;(b)secondly, if no person referred to in Clause (a) is available, to the resident of any other village within the Panchayat area comprising the village where the land is situate; and(c)thirdly, if no person referred to in Clauses (a) and (b) is available, to the resident of a village adjoining the Panchayat area comprising the village where the land is situate.(3)If no person referred to in sub-section (1) belonging to a Scheduled Tribe is available, the land may be transferred to a person belonging to a Scheduled Caste in the order of preference given in sub-sections (1) and (2).(4)No transfer under this section shall be made except with the previous approval of the Assistant Collector concerned.(5)[ A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour.]Explanation. - For the purposes of this section the expressions 'agricultural labourer', 'landless', 'Panchayat area', 'marginal farmer' and 'small farmer' shall have the meanings respectively assigned to them in Section 157-AA.]
