Type Of Tenure IN ZALR Act

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Transcript Type Of Tenure IN ZALR Act

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
Transferable



with
NonRights U/S 131
Every person belonging to any of the
following classesWho 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 :
Bhumidhar with non-transferable
rights to become bhumidhar with
transferable rights. U/S 131-B
(1)
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


shall not accrue
u/s132
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