74. Classes of tenures.-
There shall be following classes of tenure holders, namely-
(a) Bhumidhar with transferable rights;
(b) Bhumidhar with non-transferable rights;
(c) Asami; and
(d) Government lessee.
75. Bhumidhar with transferable rights.-
Every person belonging to any of the following classes, shall be called bhumidhar with 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 transferable rights immediately before the date of commencement of this Code;
(b) 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 under any other law for the time being in force.
76. Bhumidhar with non-transferable rights.-
(1) 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 Prabandhak 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 Uttar Pradesh Bhoodan Yajna Act, 1952;
(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:
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 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 in sub-sections (1) and (2) or becomes bhumidhar with non-transferable rights after such commencement shall become bhumidhar with transferable rights after expiry of five years from his becoming bhumidhar with non-transferable right.
(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), he shall not be eligible for lease of any land vested in the Gram Panchayat or the State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
77. Bhumidhari rights not to accrue in certain lands.-
(1) Notwithstanding anything contained in this Code or any other law for the time being in force; no person shall acquire the rights of a bhumidhar in the following land:-
(a) Khaliyan, manure pits, pasture land or land normally used as burial or cremation ground; (b) land covered by water and used for the purpose of growing singhara or other produce; (c) land situate in the bed of a river and used for casual or occasional cultivation;
(d) such tracts of shifting or unstable cultivation which the State Government may by notification specify;
(e) land declared by the State Government to be intended or set apart for taungya plantation and notified as such;
(f) grove land entrusted or deemed to be entrusted to a Gram Panchayat or any other local authority under section 59;
(g) land included in sullage farm or trenching ground entrusted or deemed to be entrusted to a Gram Panchayat or any other local authority under section 59;
(h) land acquired or held for a public purpose or a work of public utility;
(i) land covered by a pond, tank or lake, or forming part of an embankment, bandh or bhita; and
(j) any other land which the State Government may, by notification, specify in this behalf.
Explanation.-
The expression ‘public purpose’, in clause (h) shall include: Gi) land set apart for military encamping ground;
(i) land included within railway or canal boundaries;
(ii) land acquired and held by a local authority for its own purposes;
(iv) land referred to in section 29-C of the Uttar Pradesh Consolidation of Holdings Act, 1953; or
(v) land reserved by a Gram Panchayat for the purposes of public utility.
'[(2)] Notwithstanding anything to the contrary contained in other provisions of this Code, where any land or part thereof specified in sub-section(1) of this section is, surrounded by or, in between, or on the edges and necessary for public purpose, the plot or plots of land purchased, acquired or resumed for public purpose, the State Government may change the class of such public utility land, and if class of such public utility land is changed, any other land equivalent to or more than that of the aforesaid public utility land, shall be reserved for the same purpose in the same or any nearby Gram Panchayator local authority, as the case may be or the State Government may permit the exchange thereof under section 101 of this Code in the manner prescribed.
Provided that the class of any public utility land may be changed only in exceptional cases on such terms and conditions, as may be prescribed. The reason for changing the class of public utility land shall be recorded in writing.
(3) The State Government, while changing the class of the land or permiting the exchange of the same under section 101 of the Code, shall consider the location, public utility and suitability of the land proposed to be reserved or exchanged.
(4) If class of land is changed under sub-section (2) of this section, the Collector shall order the record of rights (Khatauni) and the map to be corrected accordingly.
Explanation:-
The expression ‘public purpose’, in sub-section (2) of this section means, mutatis mutandis, ‘the public purpose’ as defined in clause (za) of section 3 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act no.30 of 2013).
1.Subs. by U.P. Act No. 28 of 2020 Sec 5
78. Asami.-
Every person belonging to any of the following classes, shall be called an asami, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such asami by or under this Code, namely:-
(a) subject to the provisions of clause (dd) of sub-section (1) of section 76 of this Code, every person who was an asami immediately before the date of commencement of this Code;
(b) every person who is admitted as an asami on or after the said date by the Bhumi Prabandhak Samiti to any land under or in accordance with the provisions of this Code;
(c) every person who is admitted as lessee on or after the said date, by a bhumidhar of any land under or in accordance with the provisions of this Code;
(d) every person who in any other manner acquires the rights of an asami under or in accordance with the provisions of this Code or any other law for the time being in force.
79. Right of Bhumidhars to exclusive possession.-
(1) A bhumidhar with transferable rights shall, subject to the provision of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar and to use it for any purpose whatsoever.
(2) a bhumidhar with non transferable rights shall, subject to the provisions of this Code, have the right to exclusive possession of all land of which he is such a bhumidhar, and to use such land for any purpose connected with agriculture.
'[80] Use of holding for Industrial, Commercial or Residential purposes.-
(1) Where a bhumidhar with transferable rights uses his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may, suomotu or on an application moved by such bhumidhar, after making such enquiry as may be prescribed, ether make a declaration that the land is being used for the purpose not connected with agriculture or reject the application. The Sub-Divisional Officer shall take a decision on the application within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional Officer shall state the reasons in writing for such rejection and inform the applicant of his decision.
*[ Provided that if the application for declaration is accompanied with the prescribed fee and in case of joint holding, no objection of co-tenure holders is attached in case of co-tenure holder and if the declaration is not made by the Sub-Divisional Officer with forty-five days as aforesaid, then the declaration shall be deemed to have been made. Tehsildar will make a record of it in the revenue records, with the comment "subject to the order of the Sub-Divisional Officer”.
If any affected party wants to file an objection in relation to the said declaration, it may file an objection in the competent court].
(2) Where a bhumidhar with transferable rights proposes to use in future his holding or part thereof, for industrial, commercial or residential purposes, the Sub-Divisional Officer may on an application moved by such bhumidhar, after making such enquiry as may be prescribed, either make a declaration that the land may be used for the purpose not connected with agriculture or reject the application, within forty five working days from the date of receipt of the application. In case the application is rejected, the Sub-Divisional officer shall state the reasons in writing of such rejection and inform the applicant of his decision:
'[ Provided that for declaration under this sub-section there must exist a boundary wall surrounding the holding or part thereof, which is proposed to be used for such purpose. /
Provided further that if the bhumidhar fails to start the proposed non agricultural activity within a period of five years from the date of declaration under this sub-section, then the declaration under sub-section (2) for the holding or part thereof shall lapse: Provided also that a declaration under this sub-section (2) shall not amount to change of land use and the land shall continue to be treated as agricultural land only. However, the bhumidhar shall be entitled to obtain loan and other necessary permissions, clearances etc. for the activity or project, proposed on the holding or part thereof, for which declaration under this sub section has been obtained.
(3) A bhumidhar possessing declaration under sub-section (2) for his holding or part thereof, may apply to Sub-Divisional officer for converting declaration under sub-section(2) to a declaration under sub-section (1), after completion of construction activity or start of the proposed non agricultural activity, within a period of five years from declaration under sub-section (2). On receipt of such an application, the Sub-Divisional officer, after making such enquiry as necessary, shall approve or reject the application within a period of 15 days from the receipt of the application. In case of rejection, he shall record in writing the reasons for such rejection.
Provided that for conversion of declaration under sub-section (2) to a declaration under sub-section (1), the bhumidhar shall be liable to pay only the balance amount of fee payable, calculated at prevailing circle rate, after adjusting the amount already paid by him for declaration under sub-section (2) earlier.
(4) No application for a declaration under sub-section (1) or (2), moved by any co-bhumidhar having undivided interest in bhumidhari land shall be maintainable, unless application is moved by all the co-bhumidhars of such bhumidhari land. In case only one of the co-bhumidhar wants to get a declaration for his share n the land with joint interest, then such an application shall be entertained only after the respective shares of the co-bhumidhars in the land have been divided in accordance with the provisions of law.
(5) The application for declaration [under sub-section (1) or sub-section(2)] shall contain such particulars and shall be made in such manner as may be prescribed.
(6) Where the application under sub-section (1) or sub-section (2) is made in respect of a part of the holding, the sub-divisional officer may, in the manner prescribed, demarcate such part for purposes of such declaration.
(7) No declaration under this section shall be made by the sub-divisional officer, if he is satisfied that the land or part thereof is being used or is proposed to be used for a purpose which is likely to cause a public nuisance or to affect adversely public order, public health, safety or convenience or which is against the uses proposed in the master plan.
(8) In case the land or part thereof for which a declaration under this section is being sought falls within the area notified under any Urban or Industrial Development Authority, then prior permission of the concerned Development Authority shall be mandatory.
(9) The State Government may fix the scale of fees for declaration under this section and different fees may be fixed for different purposes:
Provided that if the applicant uses the holding or part thereof, for his own residential purpose, no fee shall be charged for the declaration under this section.”
1. Subs .by U.P. Act No. 7 of 2019, Sec 8
2. Proviso Ins .by U.P. Act No. 28 of 2020, Sec6
1. Omitted by U.P. Act No. 4 of 2021, Sec 3
81. Consequences of declaration.-
Where a declaration has been made under '[ sub section (1) of section 80 ] the following consequences shall, in respect of such holding or part to which it relates ensue:
(a) All restrictions imposed by or under this chapter in respect of transfer of land shall cease to apply to the bhumidhar with transferable rights;
(b) Notwithstanding anything contained in chapter XI, the land shall, with effect from the commencement of the agricultural year following the date of
declaration, be exempted from payment of land revenue;
(c) The bhumidhar shall, in the matter of devolution be governed by the personal law to which he is subject.
1. Subs. by U.P. Act No. 7 of 2019, Sec 9
82. Cancellation of declaration.-
(1) Whenever any holding or part thereof in respect of which a declaration has been made under section 80 is used for any purpose connected with agriculture, the Sub-Divisional Officer may, of his own motion or on an application made in that behalf and after making such inquiry as may be prescribed, cancel such declaration.
(2) where a declaration is cancelled under sub-section (1) the following consequences shall, in respect of the holding or part to which it relates ensue namely:
(a) the holding or part shall become subject to all restrictions imposed by or under this chapter in matters of transfer and devolution;
(b) the holding or part shall become liable to payment of land revenue with effect from the commencement of the agriculture year in which the order for cancellation of the declaration is made:
Provided that until any land revenue is reassessed on such holding or part in accordance with the provisions of this Code, the land revenue payable or deemed to be payable in respect of such holding or part before the grant of declaration under section 80 shall be deemed to be the land revenue payable in respect of such holding or part,
(c) where the land is in possession of any person other than the bhumidhar thereof on the basis of a contract or lease, and the terms of such contract or lease are inconsistent with the provisions of this Code, such contract or lease shall, to the extent of the inconsistency, become void and the person in possession shall be liable to ejectment on the suit of the bhumidhar:
Provided that a mortgage with possession existing on the date of the cancellation of the declaration shall, to the extent of the amount due and secured on such land, be deemed to be substituted by a simple mortgage carrying such rates of interest as may be prescribed;
83. Recording of declaration or cancellation—
Every declaration under section 80 or cancellation under section 82 shall be recorded in record of rights in the manner as may be prescribed and even after declaration under section 80, the mutation order on the basis of transfer or succession shall be passed in the manner prescribed.
84. Right of an asami for exclusive possession of his holding.-
An asami shall, subject to the provisions of this Code, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture:
Provided that no asami shall be entitled to use any land declared by the State Government by notification to be intended or set apart for taungya plantation, for any purpose other than cultivation and raising of crops.
85. Consequences of using the land in contravention of the provisions of this Code-
(1) Where a bhumidhar with non-transferable rights uses his holding or part thereof, in contravention of the provisions of section 79, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part on the suit of the Gram Panchayat.
(2) Where an asami uses his holding or part thereof for any purpose not permitted by section 84, he shall, notwithstanding anything contained in any other provision of this Code, be liable to ejectment from such holding or part, on the suit of the land holder.
(3) A decree for ejectment under this section may direct payment of damages equivalent to the cost of works which may be required to restore the land to its original condition.
86. Extinction of interest of bhumidhar with non-transferable rights or asami.-
Where a bhumidhar with non-transferable rights or an asami has been ejected from any holding or part thereof in accordance with section 85, all rights and interest of such bhumidhar or asami in such holding or part together with any improvements made therein shall stand extinguished.
87. Improvement not to be removed.-
(1) It shall be lawful for a bhumidhar to make any improvement in the land of which he is bhumidhar for cultivation of such land or for more convenient use thereof.
(2) where the right, title or interest of any tenure holder in any holding or part is extinguished under or in accordance with the provisions of this Code, he shall not be entitled to remove or appropriate any improvement made by him under subsection(1)
88. Transferability of a bhumidhar’s interest.-
(1) The interest of a bhumidhar with transferable rights shall, subject to the provisions of this Code, be transferable.
(2) Save as otherwise expressly provided by this Code or any other law for the time being in force, the interest of a bhumidhar with non-transferable rights or an asami in any holding shall not be transferable.
89. Restrictions on transfer by bhumidhar.-
(1) No bhumidhar shall have the right to transfer any holding or part thereof where such transfer contravenes or is likely to contravene the provisions of sub-section (2) or sub-section (3).
(2) Subject to the provisions of sub-section (3), no person shall have the right to acquire by purchase or gift any holding or part thereof from a bhumidhar with transferable rights, where the transferee shall, as a result of such acquisition, become entitled to land which together with land, if any, held by such transferee and where the transferee is a natural person, also together with land, if any, held by his family shall exceed 5.0586 hectares in Uttar Pradesh.
'[Explanation].
The expression ‘person’ in this sub-section means natural or legal person. ]
*[(3)] The State Government or an officer authorized for this purpose under this Act may approve an acquisition or purchase done or proposed to be done, in excess of the limits specified in sub-section (2), if such acquisition or purchase is in favour of a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution: and if it is of opinion that the acquisition or purchase would be in public interest and likely to generate economic activities (other than agricultural) and provide employment. In such case, the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holding Act, 1960 shall not apply to such acquisition.
1[ Provided that where the land has been acquired or purchased by a registered firm, company partership firm, limited liability partnership firm, trust, society or any other educational or a charitable institution, without obtaining prior approval under this sub- section or sub- section (3) of section 154 of the uttar pradesh zamindari abolition and land reforms act, 1950 as enacted before the repeal, the state government or an officer authorized for this purpose under this act may give its approval for regularizing such acquistition or purchase after payment of an an amount as fine which shall be ten percent of the cost of the land in excess of the limit prescribed under sub section (2) calculated as per the circle rate prevailing at the time of making the application. Provided further that where the State Government is satisfied that any transfer has been made in the public interest under various promotion investment policies or for the projects being encouraged by the State Government, for the establishment of private universtities and medical colleges, it may exempt any such transferee from the payment of fine under this sub section].
(4) Permission under sub-section (3) for acquisition or purchase of land by a registered firm, company, partnership firm, limited liability partnership firm, trust, society or any educational or a charitable institution in excess of limits prescribed under sub-section (2) shall be granted, on the conditions and in the manner prescribed, under sub-section (2) shall be granted, on the conditions and in the manner prescribed, by:-
(i) The Collector concerned for acquisition or purchase of land upto 20.2344 hectares
(ii) The Commissioner concerned for acquisition or purchase of land more than 20.2344 hectares and upto 40.4688 hectares;
(iii) The State Government for acquisition or purchase of land more than 40.4688 hectares. Provided that if the applicant fails to set up the project within a period of five years from the date of grant of permission under sub-section (3), the same shall lapse and the land acquired or purchased in excess of the limit prescribed under sub-section (2) shall vest in the State and the consequences of section 105 shall become applicable.
Provided further that the State Government may extend the period of permission granted under sub section (3) for a further period of maximum three years, after recording reasons for the same."
1. Ins. by U.P. Act No. 28 of 2020, Sec 7(1)
2. Ommitted by U.P. Act No. 4 of 2021, Sec 4
3. Subs. by U.P. Act No.7 of 2019, Sec 10
1. Subs. by U.P. Act No. 8 of 2021, Sec 5
90. Persons other than Indian nationals not to acquire land.-
Notwithstanding anything contained in this Code or in any other law for the time being in force, no person, other than an Indian citizen, shall have the right to acquire any land, by sale or gift, or in any other manner involving transfer of possession in his favour, without prior permission in writing from the State Government.
Explanation. -
For the purposes of this section, the expression “an Indian citizen” includes any company or association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by Indian citizens.
91. Restrictions on transfer by mortgage.-
No bhumidhar shall have right to mortgage any holding or its part where possession of the mortgaged property is transferred or agreed to be transferred to the mortgagee as security for the amount of mortgage advanced or to be advanced or for interest thereon.
92. Mortgage of land by bhumidhar with non-transferable rights. -
Subject to the provisions of this Code, the interest of a bhumidhar with non-transferable rights in any holding or its part may be-
(a) transferred by mortgage without possession as security for a loan taken or to be taken from the State Government or a bank or a cooperative society or the U.P. State Agro Industrial Corporation Ltd., or any other financial institution owned and controlled by such Government;
(b) sold in execution of a decree of any Court regarding the matter referred to in clause (a) or in proceedings for collection of land revenue under Chapter XII.
93. Transfer of possession for securing money shall be deemed to be a sale.-
If any bhumidhar transfers possession of any holding or part thereof for the purpose of securing any money advanced by way of loan or in lieu of interest on such loan, then, notwithstanding anything contained in any law or contract or document of transfer, the transaction shall be deemed at all times and for the purposes of this Code, to be a sale to the transferee, and to every such sale, the provisions of section 89 shall apply.
1[94]. Lease by a Bhumidhar.
(1) A Bhumidhar may lease out his holding or any part thereof to Lease by a any person, firm, company, partnership firm, limited lability Bhumidhar partnership firm, trust, society or any other legal entity for agriculture or for setting up a solar energy plant. Such lease shall be known as the private lease by a bhumidhar.
(2) Private lease by a Bhumidhar means a contract based on an agreement, with mutually agreed terms and conditions, between Lessor, who may be a Bhumidhar and the Lessee who wishes to undertake agricultural activities or set up a solar energy plant, by which the Lessor grants permission to the Lessee to use the land or holdhig or any part thereof for agricultural purposes or for establishment of solar energy plant, against a consideration in cash or kind or a share of produce, payable to the Lessor as per the lease agreement.
(3) Period of private lease by a bhumidhar— maximum period of the private lease by a Bhumidhar shall not exceed fifteen years at a time.
Provided that, after the expiration of the first lease period, the duration of lease period may be further extended by mutual consent of the Lessor and the Lessee:
Provided further that for purpose of establishing a solar energy plant, the maximum period may be upto thirty years.
(4) Conditions of the private Lease by a bhumidhar- The terms and conditions of the private lease by a bhumidhar shall be as mutually agreed between the Lessor and Lessee. The general conditions of the lease shall be in the manner as may be prescribed.”
1. Subs. by U.P. Act No. 7 of 2019, Sec 11
'[95]. Lease-
how made, its termination and any dispute arising therto. Private lease by a bhumidhar may be oral or in writing or Registered.
(1) Private Lease by a bhumidhar for a single crop or its termination for period upto one year may be either oral or in writing. Lease agreement for period exceeding one year shall be made by a registered instrument only.
(2) Private Lease by a bhumidhar to be recorded in remarks column of Record of Rights - In case of written or registered lease agreement, a copy of the agreement or deed shall be made available to Revenue Inspector concerned, who shall pass order for recording the details of the private lease by a bhumidhar lease agreement (names and other details of Lessor and Lessee; date of agreement; period of lease; proposed use of land; and annual lease rent) in the Remarks column of Record of Rights (khatauni).
(3) Private Lease by a bhumidhar shall not create any type of Tenancy Right- An agreement of private lease by a Bhumidhar either registered under the Registration Act 1908 or countersigned by a Revenue Officer or Gram Pradhan or notarized by a Notary or oral, shall not create or confer any rights or interest in favour of the Lessee over the leased land, including protected tenancy or occupancy right or any other right against eviction or lease termination, other than those contained in this Act or Rules, the lease agreement shall not be used by the Lessee to establish and permanent right over the leased land in any Court of Law.
(4) Resumption of Land- After expiration of the private lease by a bhumidhar period of or termination of such private lease, the instrument of private lease by a bhumidhar shall be a nullify and if the period of such private lease is not extended, the leased land shall automatically revert to the Lessor and the Lessee shall hand over peaceful possession of the land, free from all encumbrances, to the Lessor and shall cease to have any right, title or interest in the land so leased out.
Explanation-
Regardless of any dispute, arising out of private lease made under Section 94, pending before any Court of Law, the Lessor shall be entitled to get peaceful possession of the leased land after the expiration of the private lease period and the Lessee shall have no right to retain possession over the leased land.
(5) Effect of Private Lease by a bhumidhar - The-Provisions contained in the Code regarding private lease by a bhumidhar shall not have retrospective effect.
(6) Termination of the private lease by a bhumidhar -
(a) Unless extended by mutual consent between the Lessor and Lessee, the private lease agreement would terminate on expiry of the private lease period mentioned in the agreement, (b) In case of non-payment of conpderation amount or annual lease rent by the Lessee by the due date, or if any Of the terms and conditions of the I private lease are violated by him, the private lease by a bhumidhar agreement may be terminated by the Lessor, prior to-expiry of the lease period, after giving due notice to the Lessee in writing.
(c) In case the private lease agreement is proposed to be terminated prematurely by the Lessor, then the Lessee shall be entitled to remove such structures, maninery eft. that were created or installed by the Lessee on the . leased land. The Lessee would also be entitled to recover such damages and compensation from the Lessor, as agreed upon and laid down in the private lease agreement.
(d) In case the Lessee wishes to terminate the lease agreement prematurely or surrenders the land during the private lease by a bhumidhar period, then he shall have to give at least six months’ notice to the Lessor and shall also be liable to pay the annual rent for the remaining part of the year to the Lessor, in addition to such other compensation, as agreed upon and laid down in the private lease by a bhumidhar agreement or as prescribed.
(e) In case after expiration of the private lease by a bhumidhar period or termination of the lease agreement, the Lessee fails to handover peaceful possession of the leased land to the Lessor, the Lessee shall be treated as unauthorised occupant and shall be liable to be ejected from the leased land. The Lessee shall also be liable to pay such penal rent or damages to the Lessor for the period of unauthorised occupation, as provided in the private lease by a bhumidhar agreement, in addition to the cost of such ejection.
(f) The Lessor and Lessee may terminate the private, lease by a bhumidhar on mutually agreed terms at any time.
(7) Disputes arising out of the private lease by a bhumidhar-
(a) In an event of a dispute arising out of the private lease agreement by a bhumidhar, or any terms and conditions thereof; the Lessee and the Lessor shall make all efforts to amicably resolve 46
and settle the dispute amongst themselves or if mutually agreed, by using mediation by a third party arbitrator or Gram Panchayat or Village Revenue Committee.
(b) If the dispute is not settled through the mechanism mentioned in clause (a) either party may file a petition before the Sub-Divisional Officer.
(c) The Sub-Divisional Officer shall adjudicate the dispute using the summary procedure within a period of thirty days of its institution.
(d) An appeal against the order, other than an interim order, passed by a Sub-Divisional Officer, shall lie before the Commissioner. The decision of Commissioner shall subject to the provision of section 210, be final.”
1. Subs. by U.P. Act No. 7 of 2019, Sec 12
(96). [* * * ]
1. Omitted by U.P. Act No. 7 of 2019, Sec 13
[97]. [* * *]
2. Omitted by U.P. Act No. 7 of 2019, Sec 13
98. Restrictions on transfer by bhumidhars belonging to a scheduled caste.-
(1) Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the Collector in writing:
Provided that the permission by the Collector may be granted only when-
(a) the bhumidhar belonging to a scheduled caste has no surviving heir specified in clause (a) of sub-section (2) of section 108 or clause (a) of section 110, as the case may be; or
(b) the bhumidhar belonging to a scheduled caste has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred is situate or in any other State for the purpose of any service or any trade, occupation, profession or business; or
(c) the Collector is, for the reasons prescribed, satisfied that it is necessary to grant the permission for transfer of land.
(2) For the purposes of granting permission under this section the Collector may make such inquiry as may be prescribed.
99 .Restrictions on transfer by bhumidhars of scheduled tribes. —
Without prejudice to the provisions of this Chapter, no bhumidhar belonging to a scheduled tribe shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled tribe.
100. Mortgage by members of scheduled caste and scheduled tribes.-
A bhumidhar or an asami belonging to a scheduled caste or a scheduled tribe may, notwithstanding anything contained in any other provision of this Code, transfer his interest in any holding or part, by mortgage without possession as security for a loan taken or to be taken from the State Government or any institution referred to in clause (a) of section 92.
101. Exchange.-
(1) Notwithstanding anything in section 77 of this Code, any bhumidhar may with prior permission in writing of the Sub-Divisional Officer exchange his land with the land-
(a) held by another bhumidhar; or
(b) entrusted or deemed to be entrusted to any Gram Panchayat or a local authority under section59.
(2) The Sub-Divisional Officer shall refuse permission under sub-section (1) in the following cases, namely-
(a) if the exchange is not necessary for the consolidation of holdings or securing convenience in cultivation; or
(b) if the difference between the valuation, determined in the manner prescribed, of the lands given and received in exchange exceeds ten per cent of the lower valuation; or 1 [ Provided that permission for exchange may be granted even if the valuation of private land offered for exchange is more than ten percent of the value of the public land].
(c) if the difference between the areas of the land given and received in exchange exceeds twenty five per cent of the lesser area; or
2[Provided that permission for exchange may be granted even if the area of private land offered for exchange is more than twenty five percent of the area of the public land]. (d) in the case of land referred to in clause (b) of sub-section (1), if it is reserved for planned use, or is land in which bhumidhari rights do not accrue; or
(e) if the land is not located in same or adjacent village of the same tahsil:
Provided that the State Government may permit the exchange with land mentioned in clause (d) aforesaid, on the conditions and in the manner,prescribed.
(3) Nothing in this section shall be deemed to empower any person to exchange his undivided interest in any holding, except where such exchange is in between two or more co-sharers.
(4) Nothing in the Registration Act, 1908 (Act No.16 of 1908), shall apply to an exchange in accordance with this section.
1.Proviso inserted by U.P. Act No. 28 of 2020, Sec 8
2.Proviso Inserted by U.P. Act No. 28 of 2020, Sec 8
102. Consequences of exchange.-
Where an exchange is made in accordance with section 101-
(a) the parties to the exchange shall have the same rights in the land received in exchange as they had in the land given;
(b) the Sub-Divisional officer shall order the record of rights (Khatauni) to be corrected accordingly; and
(c) the amount of land revenue assessed, payable or deemed to be payable for the land so exchanged shall not be affected thereby.
1[103]. [* * *]
1. Omitted by U.P. Act No.7 of 2019, Sec 14
2[104].Transfer in contravention of this Code to be void.-
Every Lease or transfer of interest in any holding or part thereof made by a bhumidhar or any asami in contravention of the provisions of this Code shall be void."
2. Subs.by U.P. Act No.7 of 2019, Sec 15
105. Consequences of transfer by bhumidhar in contravention of the Code.-
(1) Where transfer of interest in any holding or part made by a bhumidhar is void under section 104, the following consequences shall, with effect from the date of such transfer, ensue, namely:-
(a) the subject matter of such transfer shall vest in the State Government free from all encumbrances;
(b) the trees, crops, wells and other improvements, existing on such holding or part shall vest in the State Government free from all encumbrances;
(c) the interests of the transferor and the transferee in the properties specified in clauses (a) and (b) shall stand extinguished;
(d) the extinction of interest of the transferor under clause (c) shall operate to extinguish the interest of any asami holding under him.
3[(e)] the provisions of this section shall not apply to any lease made under section 94.
(2) Where any land or other property has vested in the State Government under sub section (1) it shall be lawful for the Collector to take over possession of such land and other property, and to direct that any person occupying such land or property be evicted there from, and for that purpose, the Collector may use or cause to be used such force as may be necessary and the provisions of section 59 mutatis mutandisshall apply to such property.
3. Subs.by U.P. Act No.7 of 2019, Sec 16
106. Consequences of transfer made by asami in contravention of this Code.-
Where transfer of interest in any holding or part made by an asami is void under section 104, such asami shall be liable to ejectment on the suit of the Gram Panchayat or other land holder, as the case may be, in accordance with the provisions of this Code.
DEVOLUTION
107. Bequest by bhumidhar or asami.-
(1) Subject to the provisions of subsection (2), a bhumidhar with transferable rights may bequeath his interest in any holding by will.
(2) In relation to a bhumidhar with transferable rights belonging to a scheduled caste or scheduled tribe, the provisions of sections 98 and 99 shall apply to the making of bequests as they apply to transfer during life time.
(3) Every will made under this section shall, notwithstanding anything contained in any law, custom or usage, be in writing, attested by two witnesses and registered.
(4) No bhumidhar with non-transferable rights or asami shall have the right to bequeath his interest in any holding by will.
(5) A bequest made in contravention of the provisions of this section shall be void.
108. General order of succession to male bhumidhar, asami or government lessee.-
(1) Subject to the provisions of section 107, where a bhumidhar, asami or government lessee, being a male '[ third gender] dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely:-
(i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;
(ii) the heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c) and so on, in succession;
(iii) if there are more widows than one, of the bhumidhar, asami or government lessee, or of any predeceased male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share;
(iv) the widow or widowed mother or the father’s widowed mother or the widow of any predeceased male lineal descendant who would have been an heir, if alive, shall inherit only if she has not remarried.
*[(2)] The following relatives of the male third gender Bhumidhar, asami or government lessee are heirs subject to the provisions of sub section (1), namely:
(a) Widow, or third gender spouse, unmarried daughters, third gender issue and the male lineal descendants in the male line of descent per stirpes:
Provided that the widow, unmarried daughters, third gender issue and sons howsoever shall inherit per stirpes the share which would have devolved upon the predeceased son had he been alive;
(b) Mother and father;
(c) Married daughter;
(d) Brother, unmarried sister, third gender sibling being respectively the son and daughter, third gender issue of the same father as the deceased, and son, unmarried daughter, third gender issue of predeceased brother, the predeceased brother, having been the son of the same father as the deceased.
(e) Son's daughter and third gender issue;
(f) Father's mother and father's father;
(g) Daughter's son, third gender issue and unmarried daughter;
(h) Married sister;
(i) Half sister, being the daughter of the same father as the deceased;
(j) Sister's son, third gender issue and unmarried daughter;
(k) Half sister's son, third gender issue and unmarried daughter the sister having been the daughter of the same father as the deceased;
(1) Brother's son's son, third gender issue and unmarried daughter;
(m) Father's father's son, third gender issue and unmarried daughter;
(n) Father's father's son's son, third gender issue and unmarried daughter;
(o)Mother's mother's son, third gender issue and unmarried daughter.
1. Subs. by U.P.Act No. 28 of 2020, Sec 9(2)
109. Succession to woman inheriting interest as a female heir.-
Where before or after the commencement of this Code, any woman inherits the interest of a male ‘(third gender] bhumidhar, asami or government lessee in any holding, and such woman dies, marries or remarries after such commencement, then, her interest in the holding shall, subject to the provisions of sections 107 and 112 devolve upon the nearest surviving heir of the last male '[third gender] bhumidhar, asami or government lessee, as the case may be.
Explanation. -
The expression ‘nearest surviving heir’ in this section means the heir ascertained in accordance with section 108.
Provided that if any woman inheriting as a daughter, who has surviving heirs specified in clause (a) of section 110 of this Code, dies, her interest in the holding shall devolve upon heirs specified in clause (a) of section 110.
1. Ins. by U.P.Act No. 28 of 2020, Sec 10
[110]. Succession to woman holding otherwise than as a female heir-
Where any female bhumidhar asami or a government lessee dies, after the commencement of this code, then her interest in any holding or its part shall subject to the provisions of section 107 to 109, devolve, in accordance with the order of succession given below.
(a) Son, third gender issue, unmarried daughter, son's son, third gender issue, and unmarried daughter, son's son’s son, third gender issue and unmarried daughter, predeceased son's widow, and predeceased son's predeceased son's widow, in equal shares as per stripes:
Provided firstly that the nearer shall exclude the remoter in the same branch: Provided secondly that a widow who has remarried, shall be excluded.
(b) Husband or married third gender spouse;
(c) Married daughters;
(d) Daughter's son, third gender issue and unmarried daughter;
(e) Father;
(f) Widow mother;
(g) Brother being the son of the same father as the deceased, third gender sibling being the issue of the same father as the deceased and brother's son, third gender issue and unmarried daughter as per stirpes;
(h) Unmarried sister;
(i) Married sister;
(j) Sister's son, third gender issue and unmarried daughter.
2. Subs. by U.P. Act No. 28 of 2020, Sec 11
111. Savings as to religious endowments. etc. -
Nothing in this Chapter shall be construed to apply to the devolution of management of a Hindu devasthan, math or debutter property or of a Muslim waqf comprising any holding, which shall continue to be governed by such personal or other law as may be applicable to it.
112. Interest of co-tenure-holders to pass by survivorship.-
(1) Where before or after the commencement of this Code, two or more co-widows inherit the interest of a male tenure-holder, and any one of them dies or remarries after such commencement without leaving any heir entitled to succeed in accordance with section 108, the interest of such co-widow shall pass by survivorship to the surviving widow, and where there are two or more surviving co-widows, then to the surviving co-widows in equal shares.
(2) Where any land is held by two or more co-tenure holders, and any one of them dies after the commencement of this Code without leaving any heir entitled to succeed under sections 108 to 110, the interest of such co-tenure holder shall pass to the surviving co-tenure holders in equal shares.
113. Persons other than Indian citizens and persons of Indian origin not to inherit.-
Notwithstanding anything contained in this Code or any other law for the time being in force, no person other than an Indian citizen and person of Indian origin who has acquired citizenship of any other country shall be entitled to acquire any land or any interest therein either by bequest or by inheritance.
114. Other conditions regarding devolution.-
The devolution of interest in any holding under this Chapter shall be subject to the following conditions :-
(a) If a bhumidhar, asami or government lessee dies intestate, and at the time of his death, a child was in the womb who was subsequently born alive, then such child shall have the same right to inherit as if he or she had been born before the death of such bhumidhar, asami or government lessee and the inheritance shall be deemed to vest in such a case with effect from the date of death of such bhumidhar, asami or government lessee;
(b) Where two persons have died in circumstances rendering it uncertain whether either of them and if so which survived the other, then for purposes of devolution of interest in any holding, it shall be presumed, until the contrary is proved, that the younger survived the elder; 52
(c) A person who commits murder of a bhumidhar, asami or government lessee, or abets the commission of such murder, shall be disqualified from inheriting the interest of the deceased in any holding;
(d) If any person is disqualified from inheriting the interest in the holding of any bhumidhar, asami or government lessee under clause (c), such interest shall devolve as if the disqualified person had died before the death of such bhumidhar, asami or government lessee.
Explanation.-
In this section, the expression ‘murder’ means any offence punishable under section 302, section 304, section 304-B, section 305 or section 306 of the Indian Penal Code.
115. Escheat. -
(1) Where a bhumidhar or an asami holding land from a Gram Panchayatdies without known heirs, the Sub-Divisional Officer may take possession of the land held by such bhumidhar or asami, and may lease it for a period of one agricultural year at a time, in the manner prescribed.
(2) The terms and conditions of every lease under sub-section (1) shall be such as may be prescribed.
(3) if within three years of the date on which the Sub-Divisional Officer takes 59 possession of the land any claimant applies for the land being restored to him, the Sub-Divisional Officer may, after such inquiry as he thinks fit, allow or reject his claim.
(4) Any person aggrieved by an order rejecting his claim under sub-section (3) may, within one year from the date of communication of such order to him, file a suit for declaration of his rights under section 144.
(5) The Sub-Divisional Officer shall continue to lease out the land in accordance with sub sections (1) and (2) till the suit referred to in sub-section (4) is finally decided.
(6) If no claimant appears within three years from the date of taking possession of the land by the Sub-Divisional Officer, or if the claimant whose claim has been rejected under sub-section (3) does not file a suit in accordance with sub-section (4), or the suit, if filed is finally dismissed, then the land shall be deemed to have vested in the Gram Panchayat or the local authority under section 59 with effect from the following date, namely-
(a) where no claimant appears, from the date of expiry of the three years period referred to in sub section (3); or
(b) where the claimant does not file a suit for declaration, from the date of expiry of the one year period referred to in sub-section (4); or
(c) where the suit filed by the claimant under sub-section (4) is finally dismissed, from the date of such final dismissal.
(7) Where any claimant succeeds in any claim under sub-section (3) or in any suit filed under sub section (4), he shall, notwithstanding anything contained in any law for the time being in force, be entitled to possession of the land and to the rent realised from the lessee after deducting all arrears of land revenue due in respect of such land and the expenses of its management.
116. DIVISION Suit for division of holding. -
(1) A bhumidhar may sue for the division of the holding of which he is a co-sharer.
(2) In every such suit, the Court may also divide the trees, wells and other improvements existing on such holding but where such division is not possible, the trees, wells and other improvements aforesaid and valuation thereof shall be divided and adjusted in the manner prescribed.
(3) One suit may be instituted for the division of more holdings than one where all the parties to the suit other than the Gram Panchayat are, jointly interested in each of the holdings.
(4) to every suit under this section, the Gram Panchayat concerned shall be made a party.
117. Duty of Court in suits for division of holding.-
(1) In every suit for division of holding under section 116 the Court of Assistant Collector shall-
(a) follow such procedure as may be prescribed;
(b) apportion the land revenue payable in respect of each such division.
(2) A division of holding referred to in section 116 shall not affect the joint liability of the tenure-holders thereof in respect of the land revenue payable before the date of the final decree.
SURRENDER AND ABANDONMENT
118.Surrender by bhumidhar.-
(1) A bhumidhar may surrender his interest in any holding or any part thereof by giving an application in writing to the Tahsildar intimating his intention to do so and by giving up possession thereof to him whether or not such holding is let.
(2) Where only part of a holding has been surrendered, the Tahsildar shall apportion the land revenue payable by such bhumidhar.
119. Surrender by asami. -
An asami may surrender his interest in any holding (but not any part thereof) by giving notice in writing to the land holder intimating his intention to do so, and by giving up possession thereof to him.
120. Effect of surrender. -
(1) A bhumidhar or asami shall be deemed to have surrendered any land held by him, with effect from the date when possession over such land is given up in accordance with section 118 or section 119.
(2) Where any land is so surrendered :
(a) by an asami, his right, title or interest in such land shall be deemed to have been extinguished from the date of such surrender;
(b) by a bhumidhar, the right, title and interest of such bhumidhar and of every other person claiming through him in such holding or its part shall be deemed to have been extinguished from the said date.
121 Liability for rent or revenue in case of surrender.-
Notwithstanding the provisions of sections 118 to 120, the bhumidhar, or asami shall continue to be liable to pay the land revenue or the rent, as the case may be, for the holding in respect of the agricultural year next following the date of surrender, unless the notice of surrender was given before the first day of April.
122. Abandonment by bhumidhar. -
(1) If a bhumidhar does not pay the land revenue and does not use the land for agriculture for a continuous period of three agricultural years and has left the village in which he usually resides and whose whereabouts are not known, then the Collector may, after such inquiry, as he may deem necessary, take possession of the land held by such bhumidhar.
(2) Where the Collector has taken possession of any land under sub-section (1), he may let it out on behalf of the bhumidhar for a period of one agricultural year at a time in the manner prescribed.
(3) If the bhumidhar or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Collector took possession thereof, it shall be restored to him on payment of dues, if any, and on such terms and conditions as the Collector may think fit.
(4) Where no claim is preferred under sub-section (3) or if any claim is preferred but is disallowed, the Collector shall make an order declaring the holding abandoned.
(5) Every order of the Collector under sub-section (4) shall be published in the manner prescribed and shall, subject to the result of any suit under section 144, be final.
(6) Nothing in this section shall apply to any holding held by a bhumidhar in whose favour a declaration has been made under section 80 where such declaration continues to be in force. 123. Consequence of abandonment.- Where any holding has been abandoned under section 122, the following consequences shall ensue, namely-
(a) the holding shall vest absolutely in the State Government free from all encumbrances; (b) the bhumidhar concerned shall cease to have any right, title or interest in such holding; (c) the bhumidhar concerned shall continue to be liable for land revenue due in respect of such holding for the agricultural year during which the order referred to in sub-section (4) of the said section was made.
124. Delivery of possession to Gram Panchayat.-
(1) When the interest of a bhumidhar in any land is extinguished under the provisions of this Code or any other law for the time being in force, the Sub-Divisional Officer may, on the application of the Gram Panchayat concerned evict any person in unauthorized occupation of such land and deliver possession thereof to the Gram Panchayat in such manner as may be prescribed.
(2) The provisions of sub-section (1) shall mutatis mutandis apply to the eviction of an asami holding land from a Gram Panchayat, or from a bank under sub-section (2) of section 95.
LEASE OF LAND BY GRAM PANCHAYAT
125. Admission by Bhumi Prabandhak Samiti to land entrusted to Gram Panchayat.-
The Bhumi Prabandhak Samiti may, with the previous approval of the Sub-Divisional Officer, admit any person as 63
(a) bhumidhar with non-transferable rights to any land entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other than land specified in section 77;
(b) asami to any land specified in section 77 except in clause (a) or clause (h) or (i) thereof where such land is entrusted or deemed to be entrusted to the Gram Panchayat under section 59 other than a tank specified in clause (a) of section 61.
126. Order of preference in admission to land by Bhumi Prabandhak Samiti.-
(1) In the admission of any person to land as bhumidhar with non-transferable rights or as asami under section 125, hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order of preference:-
(a) A landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a person who has lost his life while in active service in the Armed Forces of the Union;
(b) A landless person residing in the Gram Sabha who has become wholly disabled while in active service in the Armed Forces of the Union;
(c) A landless agricultural labourer residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government;
(d) Any other landless agricultural labourer residing in the Gram Sabha;
(e) A landless person residing in the Gram Sabha who has retired or been released or discharged from service in the Armed Forces of the Union, otherwise than as an officer;
(f) A landless freedom fighter residing in the Gram Sabha, who has not been granted political pension;
(g) Any bhumidhar or asami residing in the Gram Sabha and holding land less than 1.26 hectares;
(h) Any other landless agricultural labourer belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government not residing in the Gram Sabha but residing in the Nyaya Panchayat circle referred to in section 42 of Uttar Pradesh Panchayat Raj Act, 1947.
'[ Provided that preference shall be given to widow and physically disabled persons]. Explanation.- For the purposes of this sub-section-
(i) ‘allotment’ includes any allotment made under the corresponding provisions of any enactment repealed by this Code;
(ii) (deleted);
(iii) a person shall be deemed to be ‘landless’ if he or his spouse or their minor children, and where the allottee is himself a minor, then his parents hold no land on the date of allotment or within two years immediately preceding the said date;
(iv) the expression ‘freedom fighter’ means a person so defined in the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex Serviceman) Act, 1993;
(v) ‘other backward class’’ means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994);
(vi) “‘person of general category living below poverty line’’ means such persons as may be determined from time to time by the State Government.
(2) The land that may be allotted under sub-section (1) shall not exceed such area as together with the land held by him as bhumidhar or asami immediately before the allotment would aggregate to 1.26 hectares.
1. Proviso Ins. by U.P. Act No. 28 of 2020, Sec 12
127. Consequences of allotment. -
(1) Where any land is allotted to a person in accordance with sections 125 and 126 and any tree or other improvement exists on such land, then unless the contrary intention appears, such tree or improvement shall also be deemed to be allotted to the person concerned along with the land.
(2) The allottee shall hold the land so allotted on such terms and conditions as may be prescribed: Provided that if the allottee is a married man and his wife is alive, she shall be co-allottee of equal share in the land so allotted.
128. Cancellation of allotment and lease.-
(1) the Collector may, of his own motion and shall on the application of any person aggrieved, inquire in the manner prescribed into any allotment and if he is satisfied that the allotment is in contravention of the provisions of this Code or any of the enactments repealed by this Code or the rules made there under, he may cancel the allotment and the lease, if any.
1[(1-A)] Under the provisions of sub section (1), an application may be moved in the case of an allotment or lease of land made before or after the commencement of this code, within five years from the date of such allotment of lease.
(2) Where the allotment or lease of any land is cancelled under sub-section (1), the following consequences shall ensue, namely-
(a) the right, title and interest of the allottee or lessee or any other person claiming through him in such land and in every tree or other improvement existing thereon shall cease, and the same shall revert to the Gram Panchayat;
(b) the Collector may direct delivery of possession over such land, tree or improvement forthwith to the Gram Panchayat after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary.
(3) Where in proceedings for cancellation of allotment or lease referred to in clause (b) of sub section (1) the Collector is satisfied that any land referred to in section 77 excepting clause (a) or clause (h) or (i) thereof has been allotted to any person as bhumidhar with non-transferable rights, he may instead of cancelling the allotment, or lease, direct that the allottee or lessee shall be treated as an asami under clause (b) of section 125.
(4) Every order made by the Collector under this section shall, subject to the provisions of section 210, be final.
(5) The provisions of sections 5 and 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953 shall not apply to the proceedings under this section.
1. Subs. by U.P. Act No. 28 of 2020, Sec 13
129. Restoration of possession to allottee or the Government lessee.-
(1) Where any person is admitted to any land in accordance with section 125, or where any land is let out to any person by the State Government, and any person, other than the allottee or lessee, is in occupation of such land in contravention of the provisions of this Code, the Assistant Collector may, of his own motion, and shall, on the application of the allottee or the lessee, as the case may be, put him in possession of such land, and may for that purpose use or cause to be used such force as he considers necessary.
(2) The provisions of sub-section (2) to (8) of section 65 shall mutatis mutandis apply in relation to reoccupation of any land or part thereof after possession has been delivered under sub-section (1).
EJECTMENT
130. Bhumidhars not to be ejected. -
No bhumidhar shall be liable to ejectment from the land held by him except as provided by or under this Code.
131. Suit for ejectment etc. against asami.-
(1) No asami shall be liable to ejectment from the land held by him, except on the suit of the landholder or Gram Panchayat, which may be filed on one or more of the following grounds, namely-
(a) that the interest of the asami in the land held by him has extinguished under the provisions of this Code;
(b) that the asami was holding land from year to year or for a period which has already expired or will expire before the end of the current agricultural year;
(c) that the asami is using the land for any purpose not permitted by section 84; 58
(d) that the land holder was suffering from any of the disabilities referred to in sub-section (1) of section 95 and either his disability has ceased or he wishes to bring the land under his personal cultivation;
(e) that the asami was in arrears of rent for a period of more than one year and has failed to pay the same to the land holder within a period of thirty days despite service of a notice of demand;
(f) that the asami has transferred the whole or part of the land held by him in contravention of the provisions of this Code.
(2) No notice to quit to the asami shall be necessary before filing a suit under this section.
(3) The land holder may in a suit for ejectment also claim arrears of rent.
(4) A land holder may, without suing for ejectment sue the asami for arrears of rent.
132. Right to crops and trees.-
(1) Where in execution of a decree passed in a suit under section 131, an asami is ejected, and the Court is satisfied that any ungathered crops or trees belonging to the judgment debtor exist on the land, the Court shall, notwithstanding anything contained in the Code of Civil Procedure, 1908, proceed in the following manner:
(a) if the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops and trees to the decree holder, and all rights of the judgment-debtor in or upon such crops or trees shall therefore pass to the decree-holder;
(b) if the amount due from the judgment-debtor is less than the value of such crops or trees, and —
(i) the decree-holder pays the difference between such amount and the value to the judgment — debtor, the Court shall deliver possession of the land to the decree holder and all rights of the judgment-debtor in such crops or trees shall therefore pass to the decree-holder,
(ii) the decree-holder does not pay such difference the judgment-debtor shall have the right of tending, gathering or removing such crops or trees or fruits of such trees, until such crops or trees have been gathered or removed or die or are cut down, as the case may be, paying such compensation for the use and occupation of land as the court may fix.
(2) The court executing the decree may, on the application of any party, determine the value of the crops or trees and the compensation payable by the judgment debtor under the provisions of sub section (1).
133. Suit for injunction, compensation etc.-
The Gram Panchayat, or the landholder may, in lieu of suing for ejectment of an asami under section 131, file a suit in the Court of Sub-Divisional Officer:
(a) for injunction restraining him from putting the land to any unauthorised use or causing any waste or damage to it;
(b) for compensation for such use, waste or damage; or
(c) for repair of the waste or damage caused to the land.
134. Ejectment of persons occupying land without title. -
(1) Where a person takes or retains possession of any land forming part of the holding of any bhumidhar or asami otherwise than in accordance with the provisions of the law for the time being in force and without the consent of such bhumidhar or asami, such person shall be liable to ejectment on the suit of the bhumidhar or asami concerned, and shall also be liable to pay damages at the rate prescribed.
(2) To every suit relating to any land referred to in sub-section (1), the State Government and Gram Panchayat shall be impleaded as necessary parties.
135. (Deleted).
136. Ejectment of trespassers of Gram Panchayat land.-
(1) Notwithstanding anything contained in other provisions of this Code, the Sub- Divisional Officer may, of his own motion or on the application of the Gram Panchayat or other local authority, eject any person taking or retaining possession of any land specified in sub-section (2), if such possession is in contravention of the provisions of this Code and is without the consent of such Gram Panchayat or the local authority and shall also be liable to pay damages at the rates prescribed.
(2) The provisions of sub-section (1) shall apply to the following categories of land, namely-
(a) any land entrusted or deemed to be entrusted to any Gram Panchayat or localauthority under the provisions of this Code or any other law for the time being in force;
(b) any land over which a Gram Panchayat or local authority is entitled to take possession under the provisions of this Code;
(c) any land which belongs to or is owned or held by a Gram Panchayat or local authority;
(d) that the asami is holding land specified in clause (d) or clause (e) of section 77 and that the cultivation of crops in such land has become impossible;
(e) that the asami was admitted to the land under clause (b) of section 125 of the Gram Panchayat proposes to use it for a public purpose.
(3) No person shall be evicted from any land under this section unless adequate opportunity to show cause has been afforded to him.
(4) In evicting a person under this section, the Sub-Divisional Officer may use or cause to be used such force as may be necessary.
Explanation. -
For the purposes of this section, the word ‘land’ includes trees and other improvements existing on such land.
137. Remedies for wrongful ejectment.-
(1) An asami ejected or apprehending ejectment from or prevented from obtaining possession of any land otherwise than in accordance with the provisions of any law for the time being in force, may sue the person so ejecting him, trying to eject him or keeping him out of possession (i) for possession of the land; or
(i) for compensation for wrongful dispossession.
(2) When a decree is passed for compensation for wrongful dispossession but not for possession, the compensation awarded shall be for the whole period during which the asami was entitled to remain in possession.
RENT
138.Rent payable by an Asami. -
Subject to such restrictions and conditions as may be prescribed, an asami shall, on being admitted to the occupation of any land, be liable to pay such rent as may be agreed upon between him and his land holder or the Gram Panchayat, as the case may be.
139. Application for fixation of rent. -
(1) Where any person is in occupation of any land as an asami, without the rent being agreed upon, the asami or his land holder may apply to the Tahsildar for fixation of rent.
(2) On receipt of an application under sub-section (1), the Tahsildar shall make an inquiry in such manner as may be prescribed, and shall fix the rent in accordance with the rules made under this Code.
(3) The rent fixed under sub-section (2) shall be payable by the asami with effect from the date when he occupied the land as such asami.
(4) any person aggrieved by an order of the Tahsildar under sub-section (2) may file an appeal to the Sub-Divisional Officer, and notwithstanding anything contained in other provisions of this Code, the order of the Sub-Divisional Officer shall be final.
140. Remission for calamity by Court decreeing claim for arrears.-
(1) Where the Court hearing a suit for recovery of arrears of rent is satisfied that the holding was substantially decreased by diluvion or otherwise, or the produce thereof was substantially diminished by drought, hail, deposit of sand or other calamity during the period for which the arrear is claimed, it may allow such remission from the rent, as may appear to it to be just:
Provided that no such remission shall be deemed to vary the rent payable by the asami otherwise than for the period in respect of which it is made.
(2) Where a Court allows remission under sub-section (1), the State Government or any authority empowered by it in this behalf, shall order consequential remission in the land revenue in accordance with such principles as may be prescribed.
141. Commutation of rent.-
(1) Where the rent in respect of any holding is payable otherwise than in cash, the Assistant Collector may, of his own motion, or on the application of the Gram Panchayat or the person by or to whom the rent is payable, commute the rent in the manner prescribed.
(2) The rent commuted under sub-section (1) shall be payable from the first day of July following the date of the order of commutation unless the order provides for some other date. 61
142. Recovery of arrears of rent from asami of Gaon Panchayat, etc.-
Arrears of rent due from an asami holding land from Gram Panchayat or other local authority either before or after the commencement of this Code, shall be recoverable as an arrear of land revenue.
143. Power to write off arrears.-
The whole or any part of the arrears of rent, in respect of any land or other property entrusted or deemed to be entrusted to a Gram Panchayat or other local authority under the provisions of this Code may, in such circumstances as may be prescribed, be written off as irrecoverable by the Bhumi Prabandhak Samiti or by the local authority, as the case may be, by resolution passed in that behalf:
Provided that no resolution passed by a Bhumi Prabandhak Samiti shall take effect until it is confirmed by the Sub-Divisional Officer.
DECLARATORY SUITS
144. Declaratory suits by tenure holders. -
(1) Any person claiming to be a bhumidhar or asami of any holding or part thereof, whether exclusively or jointly with any other person, may sue for a declaration of his rights in such holding or part.
(2) In every suit under sub-section (1) instituted by or on behalf of:-
(a) a bhumidhar, the State and the Gram Panchayat shall be necessary parties;
(b) an asami, the land-holder shall be a necessary party.
145. Declaratory suit by Gram Panchayat. -
Notwithstanding anything to the contrary contained in section 34 of the Specific Relief Act, 1963, the Gram Panchayat may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land, and the Court may, in its discretion make a declaration of the right of such person, and the Gram Panchayat need no in such suit ask for any further relief.
146. Provision for injunction.-
If in the course of a suit under section 144 or 145, it is proved by affidavit or otherwise-
(a) that any property, trees or crops standing on the land in dispute is in danger of being wasted, damaged or alienated by any party to the suit; or
(b) that any party to the suit threatens or intends to remove or dispose of the said property, trees or crops in order to defeat the ends of justice, the Court may grant a temporary injunction, and where necessary, also appoint a receiver.
