Section 78 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
78. (A) Consequences of void transfers by bhumidhars [Section 163 (1), U.P.Z.A. & L.R. Act].
- Transfer to be void - Where any holding or part thereof has been transferred in contravention of Section 154 or Section 157-A, U.P.Z.A. & L.R. Act, then notwithstanding anything contained in any law for the time being in force or any contract, decree or order of any court, the Assistant Collector, First class may, either suo motu or on the application of any person, and after making such enquiry as he thinks fit, by order declare such transfer to be void :Provided that no order under this sub-section (1) of Section 163 shall be made without affording an opportunity of hearing to the transferor as well as to the transferee.Note - This Para has been omitted by U.P. Act No. 20 of 1982 with effect from 3rd June, 1981.(B)(1) Transfers made in contravention of Sections 154 and 157-A [Rule 151, U.P.Z.A. & L.R. Act & Rules]. - (1) It shall be the duty of the Lekhpal to report to the Assistant Collector, First Class through the Tahsildar all cases of transfers made in contravention of the provisions of Sections 154 and 157-A as soon as they come to his notice.(2)The Tahsildar shall satisfy himself in the month of May every year that each Lekhpal has submitted all such reports. If there is no such transfer, the Lekhpal shall submit a negative report.(3)On receipt of the report from the Lekhpal or information from any interested party or on facts otherwise coming to his notice, the Assistant Collector, First Class shall call upon the person concerned through notice in Z.A. Form 50-A to show cause within 15 days why action under Section 163 should not be taken in respect of the land in question.(4)Before issuing a notice under sub-rule (3) the Assistant Collector, First Class may make such inquiry as he deems proper and may obtain information on the following points :(a)full description of the land, i.e., plot number, area, boundary, land revenue payable;(b)full addresses along with father's name of both to the transfer as well as of the transferee.(5)The Assistant Collector, First Class may, if he thinks fit, obtain any information from the Gram Sabha concerned in respect of any transfer referred to in sub-rule (1).(6)After hearing the parties and making such further inquiry as he considers necessary, the Assistant Collector, First Class shall pass necessary orders in accordance with Section 163.(2)Transfer declared void and its consequences [Rule 152, U.P.Z.A. & L.R. Rules]. - Where any transfer has been declared to be void under Rule 151, the Assistant Collector may permit the transferee to remove any movable property or the materials of any immovable property existing on the holding on the date of the order, within such time as ne considers necessary.
