Restriction on transfer by bhumidhar

Section 89 of Uttar Pradesh Revenue Code-2006 deals with restriction on transfer by bhumidhar. 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 w The Act was enacted on 11 Feb 2016.

89. (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).

¹ [ (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 such transferee is natural person, also together with land is any held by his family shall exceed 5.0586 hectares in Uttar Pradesh.]

²[ x x x x]

³[ (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 ;

⁴[ Provided that where the land has been acquired or purchased by registered firm, company partnership 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 Reform 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 acquisition or purchase, after payment of 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 or private Universities 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, 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 subsection (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. ]

Section 89, Uttar Pradesh Revenue Code-2006 (Act 8 of 2012).