Section 76State of Uttar Pradesh Act
Section 76: Bhumidhar with non-transferable rights
Bhumidhar with non-transferable rights.
- Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhar by or under this Code, namely :-(a)every person who was a bhumidhar with non-transferable rights immediately before the date of commencement of this Code;(b)every person who is admitted as a bhumidhar with non-transferable rights on or after the said date by the Bhumi Prabandhan Samiti to any land under or in accordance with the provisions of this Code;(c)[ every person who is allotted any land on or after the said date under the provisions of the Uttara Pradesh Bhoodan Yojna Act, 1952; [Substituted by U.P. ActNo. 4 of 2016
, dated 11.3.2016.](d)every person who is allotted any land on or after the said date under the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960;](dd)[ every person who was an asami in possession of land not covered by Section 77 of this Code, immediately before the date of the commencement of this Code and had been recorded as such in Class 3 of the annual register (khatauni) of 1407 Fasli: [Inserted by U.P. ActNo. 4 of 2016
, dated 11.3.2016.]Provided that where the land in possession of a person, together with any other land, held by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, the rights of a Bhumidhar with non-transferable rights shall accrue in favour of such person in respect of so much area of the first mentioned land, as together with such other land held by him, does not exceed the ceiling area applicable to him, and the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act;](e)every person who in any other manner acquires on or after the said date, the rights of such a bhumidhar under or in accordance with the provisions of this Code, or any other law for the time being in force.(2)
Every person who was a Bhumidhar with non-transferable rights immediately 'before the commencement of this Code and had been such Bhumidhar for a period of [five years] [Substituted 'ten years' by U.P. ActNo. 4 of 2016
, dated 11.3.2016.] or more shall become Bhumidhar with transferable rights on such commencement.(3)
Every person who was a Bhumidhar with non-transferable rights on the commencement referred to sub-sections (1) and (2) or becomes Bhumidhar with non-transferable rights after such commencement shall become Bhumidhar with transferable rights after expiry of ten years from his becoming Bhumidhar with non-transferable rights.(4)
Notwithstanding anything contained in any other provisions of this Code, if any person transfers land by sale after becoming Bhumidhar with transferable rights [under sub-section (2) or sub-section (3)], [Substituted 'under sub-section (1) or sub-section (2) or sub-section (3)' by U.P. ActNo. 4 of 2016
, dated 11.3.2016.] he shall not be eligible for lease of any land vested in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. ActNo. 4 of 2016
, dated 11.3.2016.] or the State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.Previous
Sec 75 — Bhumidhar with transferable rights
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Sec 77 — Bhumidhar rights not to accrue in certain lands
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