Section 76 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
76.
(1)Transfer of interest [Section 153, U.P.Z.A. & L.R. Act].- Where any sirdar or Asami transfers his interest, such transfer shall be void under Section 166, U.P.Z.A. & L.R. Act.Notes - (1) The above para belonging to Section 153, U.P.Z.A. & L.R. Act have been substituted by U.P. Act No. 8 of1977, w.e.f. 28-1-1970 which is reproduced hereunder:"153. Interest on an asami not transferable. - Except as expressly permitted by this Act, the interest of an asami shall not be transferable."(2)(i)A mortgage without possession of his interest in his holding by sirdar as security for a loan taken from the State Government by way of taquavi or from a co-operative society or from the State Bank of India or from any other bank, which is scheduled bank or from the Uttar Pradesh State Agro-Industrial Corporation Ltd. shall be valid.(ii)Transfer by a sirdar of his holdings to a recognised educational institution for any purpose pertaining instruction in agriculture, horticulture and animal husbandry shall be valid.(2)Bequeath [Section 170, U.P.Z. & L.R. Act]. - No Bhumidhar with non-transferable rights or asami shall have the right to bequeath by will his holding or part thereof.(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.(4)Mortgage of land [Section 155, U.P.Z.A. & L.R. Act]. - Where bhumidhar with transferable rights mortgages his land as such that possession of the mortgaged land is transferred or is agreed to be transferred in future to the mortgagee as security for the money advanced or to be advanced, the transfer shall be void.(5)Transfer with possession [Section 164, U.P.Z.A. & L.R. Act]. - Where a bhumidhar with transferable rights transfers any holding or part thereof by which possession is transferred to the transferee for the purpose of securing any payment of money advanced or to be advanced by way of loan and existing or future debt or the performance of an engagement which may give rise to pecuniary liability, the transfer shall be treated to have been made in contravention of the provisions of the Act, if it is covered by sub-para (3) above.(6)Lease by disabled person [Sections 156 and 157, U.P.Z.A. & L.R. Act]. - Where any land is let out by a bhumidhar, sirdar (bhumidhar with non-transferable rights) or asami, who is not disabled person as mentioned in Section 157, to any person other than a recognised education institution for a purpose connected with instruction in agriculture, horticulture or animal Husbandry, transfer shall be void.Note - Lessee will be sirdar and vendee [Sections 157 and 165, U.P.Z.A. & L.R. Act]. - Where any land is let out by such person, who is not disabled,-(a)lessee will become sirdar, if land held by him with the land held by his family including the land leased out to him or to his family does not exceed twelve and a half acre; and(b)lessee will be deemed to be vendee, if land held by him with the land held by the members of his family does not exceed twelve and a half acre and will be subject to above sub-para (3).(7)Transfer of land [Sections 157-A and 169 (2-A), U.P.Z.A. & L.R. Act]. - Where bhumidhar belonging to Scheduled Castes and Scheduled Tribes transfers land by the way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Castes and Scheduled Tribes without the approval of Collector, transfer will be void.(8)Transfer of fragments [Section 168-A, U.P.Z.A. & L.R. Act]. - Transfer of fragment situated in consolidated area by way of gift, sale or exchange is made in the following cases-(a)where transfer has been made in favour of person, who has a plot contiguous to the fragment; or(b)where transfer is not in favour of person mentioned in clause (a), the whole or so much of the plot, in which person has bhumidhari rights, which pertains to the fragment, is transferred.Explanation. - [(A) Fragment interpreted. [Clause (8-A) of Section 3 of U.P.Z.A. & L.R. Act is related to 'fragment' and has been omitted by U.P. Act No. 27, 2004, Section 2.] [Section 3 (8-A), U.P.Z.A. & L.R. Act]. - According to Section 3 (8-A) 'fragment' means land of less than 1.89 hectares (4.6875 acres) in areas mentioned in U.P. Zamindari Abolition and Land Reforms Act, 1950 and 1.26 hectares (3.125 acres) in the whole Uttar Pradesh excluding Kumaun division.](B)[ Consolidation area [Clause (8-A) of Section 3 of U.P.Z.A. & L.R. Act is related to 'Consolidation area' and is substituted by U.P. Act No. 30 of 1991.] [Section 3 (6-A), U.P.Z.A. & L.R. Act]. - "Consolidation area" means the area in respect of which the final consolidation scheme has been enforced under Section 24 of the U.P. Consolidation of Holdings Act, 1953, and the notification under Section 4 of that Act has not been cancelled under Section 6 of that Act in respect of such area.](9)Use of land [Section 206, U.P.Z.A. & L.R. Act]. - Where any sirdar (bhumidhar with non-transferable rights) or asami does not use his land for any purpose other than a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, land shall be vested in Gram Sabha.
