Bhumidhar with nontransferable rights

Section 76 of Uttar Pradesh Revenue Code-2006 deals with bhumidhar with nontransferable rights. 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 ; The Act was enacted on 11 Feb 2016.

76. (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 nontransferable 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 ;

¹ [ (c) every person who is allotted any land on or after the said date under the provisions of the Uttar Pradesh Bhoodan Yojna 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 Holding Act, 1960 ; ]

²[ (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 nontransferable 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 1five 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 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 nontransferable 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 ²[ under sub-section (2) or subsection (3) ], he shall not be eligible for lease of any land vested in the ³[ Gram Panchayat] or the State Government or the surplus land defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.

Section 76, Uttar Pradesh Revenue Code-2006 (Act 8 of 2012).