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[Cites 0, Cited by 0] [Section 76] [Entire Act]

State of Uttar Pradesh - Subsection

Section 76(3) in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

(3)Restriction on transfer by bhumidhar [Section 154, U.P.Z.A. & L.R. Act]. - (A) Save as provided in sub-section (2) no Bhumidhar shall have the right to transfer by sale or gift any land other than tea gardens to any person where the transferee shall, as a result of such sale or gift, become entitled to land, which together with land, if any, held by his family, will in the aggregate exceed 5.0586 hectares (12.50 acres) in Uttar Pradesh.[Explanation. - For the removal of doubt it is hereby declared that in this sub-section the expression "person" shall include and be deemed to have been included on June 15, 1976 a "Co-operative Society":Provided that where the transferee is a Co-operative Society, the land held by it having been pooled by its members under clause (a) of sub-section (1) of Section 77 of the U.P. Co-operative Societies Act, 1965, shall not be taken into account in computing the 5.0586 hectares (12.50 acres) land held by it.] [Inserted by U.P. Act No. 20 of 1997.]
(B)Subject to the provisions of any other law relating to the land tenures for the time being in force, the State Government may, by general or special order, authorise transfer in excess of the limit prescribed in sub-section (1), if it is of the opinion that such transfer is in favour of a registered co-operative society or an institution established for a charitable purpose, which does not have land sufficient for its need or that the transfer is in the interest of general public.
Explanation. - For the purposes of this section, the expression "family" shall mean the transferee, his or her wife or husband (as the case may be) and minor children and where the transferee is a minor also, his or her parents.