U.P.

ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950

The Zamindari system in India was the outcome of British rule. Lord Canning
was in fact the mind, who created the landlords. The British conquerors created
the Zamindari system for reason of expediency and administrative convenience.
The Zamindars were, in fact, a convenient reactionary social base for
establishing foreign rule over peasantry and people.
 Fasli year-
1 January to 30 June- Years-593
1 July to 31 December- Year-593
Vesting Order: Section 4 of the Act provided that the vesting of the estates was
to take place from such date as the State Government might notify in the
Gazette. On 1st date of July, 1952 all the estates of intermediaries vested in the
State of Uttar Pradesh. This date is called the “date of vesting”.

Reasons for abolition of Zamindari:

The reasons as to why the Zamindari system has been abolished is not
given in the Act. However, some of the reasons can be given which are as
follows:
1. Under the Zamindari system peasants were not recognized as the owners
of the land. The tenants could be ejected by the Zamindars at any time.
The cultivators had no fixity of tenure and fixity of rent. The peasants
were, therefore, not giving their full capacity to improve the productivity.
Therefore, in order to increase the agricultural production, it was
necessary to remove the intermediaries.
2. The various classes of intermediaries, who were functioning as rent
receivers, did nothing to improve the land and left the land where they
were. The Zamindars were far from the moral principle “he who does not

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 work shall not eat either”. Therefore, in order to put everybody to work it
was desirable to remove the idle class.
3. The Zamindar class was the social base by the British to help them
maintaining their rule. This British creation had to be abolished.
4. In order to increase the state-revenue the abolition of Zamindari was
inevitable.
5. The system had prevented the nation from exploiting all the natural
resources for increasing food production. It had become intolerable by the
peasantry. At the same time the Zamindari was believed to have become
obsolete and outdated institution. Therefore, it was discredited
everywhere in the world..
Essential features of the UP Zamindari abolition and land reforms:
1. Abolition of Zamindari system: The Act abolished from the date of
vesting i.e. 1st July 1952, all rights, interests and titles of intermediaries
and vested it in the State. The Act abolished the rights of the
intermediaries in the upper portion of the land as well as in the sub-soil.
2. Payment of Compensation (Section 27): All Zamindars whether big or
small, natural or artificial are entitled to get compensation under the Act.
The compensation is to be paid to them equal to eight times of their net
assets.
3. Payment of rehabilitation of grant (Section 73): There is also provision
for payment of rehabilitation grant. It is payable on the ground rates
ranging from one to twenty times of the net income.
4. Cultivating rights maintained: The Act maintained the cultivating
rights of every person, since the underlying policy of the land law is “He
who cultivates the land should be the owner of it”. All persons continued
to retain possession of the land they were cultivating.
5. Land tenure system simplified: There were 14 types of land tenures
before the passing of the Act. The Act substituted and classified them into

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 three classes of tenure viz. Bhumidhar, Sirdar and Asami. The Act also
created a fourth kind of land tenure vi. Adhivasi, which were made
Sirdars in 1954.
6. Prohibition of letting sec-156: Act prohibits letting as well as subletting.
If a tenure holder lets his land his right shall come to an end. (Section
165& 167). However, exceptions are created in favour of woman, minor,
idiot, lunatic, blind person, student and persons in detention or
imprisonment. (Section 157 (1))
7. Prohibition for the accumulation of land: According to Section 154
(1)j read with explanation I no tenure holder with his or her spouse and
minor children can acquire land by purchase or gift as a result of which
he becomes entitled to land exceeding 12.5 acres in aggregate. Persons
already having more than 12.5 acres of land shall retain their holdings but
they cannot have any other land by purchase or gift.
8. Prohibition for the creation of uneconomic holding: The Court shall
instead of proceeding to divide the land, which does not exceed 5 bighas,
direct the sale of the same and distribution of the sale proceeds in
accordance with the respective shares of the parties. (Section 168 A
provides that holdings below 3.168 acres is uneconomical holding and
below it cannot be transferred. But in 2006, this section has been
abolished.)
9. Uniform rule of succession: The Act provides for uniform rules of
succession. Now on the death of a tenure holder his tenure holder his
interest in the holding shall devolve to heirs enumerated under Sections
171 to 175. The provision is applicable to all the tenure holders, whether
he is Bhumidhar, Sirdar, or an Asami and whether he is a Hindu, a
Muslim or a person professing religion other than Hindu and Muslim.
10.Establishment of village Republics: Before coming into operation of
this Act there were Gaon Sabhas and Gaon Panchayats. The Act

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 established two more institutions, viz. Gaon Samaj and Land
Management Committee. All the states vested in the State Government
were later on vested in the Gaon Samaj (now Gram Sabha) and were to be
managed by the Land Management Committee (LMC). The LMC is the
special executive body of the Gaon Sabha. All lands of common utility,
such as abadi sites, pathways, waste land, fisheries, village forests, public
wells, tanks and water channels are now vested in the Gaon Sabha. This
makes the village a small republic.
11.Well, trees and buildings settled with the existing owner thereof sec-
9: All wells, tress the abadi and all buildings situated in the Zamindari
estate were allowed to be remained in the possession of existing owners
or occupiers thereof, and it would be deemed to be settled with them as
owners thereof.

Aims and Objects of the ZA and LR Act:

1. Abolition of Zamindari system
2. The acquisition of intermediaries rights on payment of compensation.
3. Substitution of bewildering variety of existing land tenures by a simple
and uniform scheme.
4. Prohibition of letting and subletting.
5. Development of village republic.
6. To prevent the creation of uneconomic holding, and prohibition of
accumulation of large holdings.
7. To encourage cooperative farming.
8. To vest all lands of common utility in Gaon Sabha and to entrust the
Gaonn Sabha with wide powers of land management.

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CONSEQENCE OF VESTING AND NEW LAND TENURES
The consequences of vesting of estates in the State of UP are given below. The
concerned sections are 6, 8 and 9:
1. Sec 6(a)- All rights, title and interest of all the Zamindars in every estate
shall cease and be vested in the state of UP free from all encumbrances.
Encumbrance means free from any legal claim on an estate. Therefore, in
case of estates vested in the state the charge or mortgage shall not go with
the estates. Section 6(a) provides that every estate includes land
(cultivable or barren), grove land, forests whether within or outside
village boundaries, trees (other than trees in village abadi, holding or
grove), fisheries, tanks, ponds, water channels, ferries, pathways, abadi
sites, haats, bazaars, melaas and mins and minerals.
2. All grants and confirmation of title to land in an estate shall come to an
end. Section 6 (b) provides that “all grants and confirmation of title of or
to land in any estate so acquired, or of or any right or privilege in respect
of such land or its land revenue shall determined”.
3. The rent, cess etc. shall now be payable to the state government. The
Zamindars were deprived to collect rents, cesses etc. Under an agreement
with the Zamindars, before date of vesting, the same shall, however, be
realized by the government from the ex- Zamindars and not from the
tenants (Section 6 (c) (ii)).
4. The unpaid dues from the outgoing Zamindars shall continue to be
recoverable by the state government even after the abolition of Zamindari
(Section 6(e)). The amount shall be realized by deducting it from the
compensation money payable to such intermediary. The government may
also realize the balance by any other mode provided under Section 279 of
the Act.
5. The interest of the intermediary so acquired in any estate shall not be
liable to attachment or sale in execution of any decree or other process of

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 any court. If an attachment has already been made or an order of
attachment has been passe3d before the date of vesting, it shall cease to
be in force.
6. The estate shall be vested in the UP free from all encumbrances even if
the estate was in the hands of the mortgages. However, the ex-mortgagee
of the estate shall be entitled to get his secured money from the state
government out of the compensation payable to the Zamindar.
7. All suits and proceedings regarding Zamindari shall be stayed.
8. All mahals and their pattis (sub-divisions) existing on the date
immediately preceding the date of vesting shall come to an end.
9. Any contract for grazing or gathering of produce from land or the
collection of forest produce or fish from any forest or fisheries entered
into after the 8th day of August, between an intermediary and any other
person in respect of any private forest, fisheries or land laying in such
estate shall become void with effect from the date of vesting (Section 8)
10.Consequence of vesting as to the wells, trees and buildings – Section 9
provides – “All wells, trees in abadi and all buildings situate within the
limits of an estates, belonging to or be held by an intermediary or tenant
or other person, whether residing in the village or not, shall continue to
belong or to be held by such intermediary, tenant or person, as the case
may be, and the site of the wells or the buildings with the area
appurtenant thereto shall be deemed to be settled with him by the state
government on such iterms and conditions as may be prescribed”.

Classes of Tenure-Holders:
Before coming into operation of the UP Zamindari Abolition and Land Reforms
Act (UPZA&LR) 1950, there were 14 types of tenures. These divisions were
very complicated. Therefore, the Act has abolished all the old variety of land
tenures and substituted them into four:

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 1. Bhumidhar
2. Sirdar
3. Asami
4. Adhivasi

Adhivasi was the transitional form of land tenure. Adhvasis were to

disappear after 5 years from the sphere of land law, from the date of the
commencement of the Act.

The UPZA&LR (Amendment) Act 1958 added Section 133 A in the

UPZA&LR Act, which adds another category viz. “government lessees”. But,
the rights and liabilities of government lessees shall be governed by the terms
and conditions of their lease and not by the provisions of this Act.

The UP Land Laws (Amendment) Act, 1977 converted all sirdars into
Bhumidhars and the Bhimidhars were divided into two classes, viz. (i)
Bhumidhar with transferable rights and (ii) Bhumidhar with non-transfrable
rights. Asamis were left untouched. Therefore from January 28, 1977, there are
three tenure holders in the land law:
1. Bhumidhar with transferable rights
2. Bhumidhar with non-transferable rights
3. Asami

1. Bhumidhar with transferable rights: Section 130 of the UPZA&LR

Act, provides four classes of such Bhumidhars:
a. Every person who became Bhumidhar on the abolition of
Zamindari.

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 b. Every person who became sirdar on the abolition of Zamindari and
acquired Bhuimdhari rights by depositing ten times of the land
revenue.
c. Every person who was a sirdar immediately before the
commencement of the UP Land Laws (Amendment) Act, 1977 and
had right to become bhumidhar by depositing ten times of the land
revenue.
d. Every person who in any other manner acquires the right of
bhumidhar with transferable rights under or in accordance with the
provision of this Act.
Bhumidhar with transferable rights is the highest type of tenure holder.
His interest is permanent, heritable and transable.
2. Bhumidhar with non-transferable right: Section 131 and Section 131A
of the UPZA&LR Act provide following persons as Bhumidhar with non-
transferable rights:
a. Every person admitted as sirdar of any land under Section 195
before the date of commencement of UP Land Laws
(Amendments) Act 1977 or as a bhumidhar with non-transferable
rights under the said section on or after the said date.
b. Every person who is or has been allotted any land under the
provisions of the UP Bhoodan Yojna Act, 1952.
c. With effect from July 1. 1981 every person with whom surplus
land is or has been settled Section 26 A or sub-section (3) of
Section 27 of the UP Imposition of Ceiling on Land Holdings Act,
1960.
d. In the portion of District Sonbhadra, South of Kaimur Range, every
person in cultivator possession of any land, vested in a Gaon Sabhe
or belonging to the state government, before June 30, 1978,
provided:

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 i. It is not land notified under Section 20 of the Indian Forest
Act, 1927
ii. It does not exceed the maximum ceiling area determined
under the UP Imposition of Ceiling on Land Holdings Act,
1960
iii. It is not land mentioned under section 132 or section 133 A.
e. Every person who in any other manner acquires the right of such a
bhumidhar under or in accordance with the provisions of this Act.
The UP Zamindari Abolition and Land Reforms (UPZA&LR)
(Amendment) Act 1995 inserted section 131 B in the Act. Accordingly
every non-transferable rights of bhumidhar who has already completed 10
years or more from the date of allotment of land, the person will obtain
transferable right in the land and rest other persons who have got the
possession of land later on, shall acquire the bhumidhari and transferable
right after the completion of a period of ten years. But, the person who
has acquired the bhumidhari transferable right in land in pursuance of
aforesaid amendment in Act and subsequently transferring the land by
way of sale, shall be further ineligible for the grant of lease of the land
vested in Gram Sabha or land declared as surplus in UP Imposition of
Ceiling on Land Holding Act, 1960.
3. Asami: The Act provides four classes of persons as asami. They are as
follows:
a. Every person who as a consequence of Zamindari abolition became
an asami.
b. Every person who is admitted by the Land Management
Committee by a bhumidhar as a lessee of land.
c. Every person who is admitted by the Land Management
Committee or the person entitled, as a lessee of land described in
Section 132.

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 d. Every person who in any other manner, acquires the rights of an
asami under this Act or any other law.

 RIGHTS OF TENURE HOLDERS

The superior most is the bhumidhar with transerable rights. His right is
permanent, heritable and transferable. His rights can be discussed as follows:
Important ques.
 Rights of Bhumidhar with transferable rights:
1. Right to use the land:
Section 142 (1) provides that a Bhumidhar with transferable rights shall,
subject to the provisions of this Act, have the right to exclusive possession of all
land of which he is a bhumidhar and to use it for any purpose whatsoever.

A bhumidhar may use his holding not only for purposes connected with
agriculture, horticulture or animal husbandry but also for other purposes. A
bhumidhar with transferable right has the right to use his land for any purposes.
He may keep his land vacant so far it does not exceed 12.5 acres.

 But, there are certain restrictions imposed upon the bhumidhar with
transferable rights which are as follows:
1. Where a bhumidhar has a land exceeding 12.5 acres without using it for 3
consecutive years for the purpose of agriculture, horticulture or animal
husbandry etc., the collector may issue a show cause notice to such a
bhumidhar, if the collector is not satisfied by the explanation given in
response to the said notice as to why the land is so vacant, he may let the
land to any person. Such person should be called an asami as if he has
been admitted to the land by the tenure holder personally (Section 187A).

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 The Collector, instead of himself letting out the land, may direct the Land
Management Committee to do so.
2. A bhumidhar with transferable rights has no right to appropriate minerals
existing on his bhuimidhari land. Mines and minerals under the Act have
been vested in the state. Only the usufruct of land is vested in the tenure
holder. Section 142 merely gives right to bhumidhars as as tenure holders
to the exclusive possession of all land in respect of which they are
bhuimidhars and to use it for any purpose whatsoever. It does not give
right to bhumidhars to use up the land forming the subject matter of the
bhumidhari. The ownership of the corpus remains with the state and
bhumidhars are entitled to use it as tenure holders. The Supreme Court
observed that the right of the former Zamindars to mines and minerals
was extinguished by UPZA&LR Act 1950 and became vested in the state
government. So long as the proprietary right to the land was vested in the
Zamindar he was entitled to mines and minerals. With the abolition of
Zamindari that right was passed on not to the appellant but to the state
government.

2. Right to transfer the land:

According to Section 152 (1) of the UPZA&LR Act the interest of a
bhumidhar with transferable rights, subject to the certain conditions, shall be
transferable. The right of transfer is available to all the bhumidhars with
transferable rights whether be a male or a female, whether he is a Hindu or non-
Hindu and whether the bhumidhari land is ancestral or self acquired.

Restrictions:
1. According to Section 154 no bhumidhar shall have the right to transfer,
by sale or gift any land other than tea garden to any person as a result of
which the purchaser or donee becomes entitled to land which, together
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 with land, if any, held by his family, will in aggregate exceed 12.5 acres
in UP. Transfer made in contravention of this provision shall be void
and the following consequence shall ensure: ( this is provided in
section 166 or 167)
a. The land shall, with effect from the date of transfer be deemed to
have vested in state government free from all encumbrances.
b. The trees, crops and wells existing on the land on the date of
transfer shall, with effect from the said date be deemed to have
been vested in the state government free from all encumbrances.
c. The transferee may remove other movable property or the materials
of any immovable property existing on such land on the date of
transfer, within such time as may be prescribed.
2. Transfer by member of SC – Section 157 A of the UPZA&LR Act
1950 provides the restrictions on the member of SC in transfer his
holding. Accordingly, a bhumidhar or asami belonging to SC cannot
transfer by way of sale, gift, mortgage or lease any land a person not
belonging to SC. With the previous approval of the collector the transfer
in favour of a person of non-SC can be made. The collector shall not
grant approval if the transferor holds the land less than 3 1/8 acres (1.265
hectares) in UP or if the land so held by the transferor is likely to be
reduced after such transfer to less than 31/8 acres in UP. Transfer made in
contravention of this provision is void, and the land, trees, crops etc. shall
be vested in the state free from all encumbrances.
 Any SC person who has become bhumidhar with transferable right
under Section 131 B can transfer the land by way of sale, gift
mortgage or lease, with prior approval of Assistant Collector, in
favour of a person other than belonging to SC preferably to
landless agricultural labourer, marginal farmer, small farmer and in
case of non-availability to any other person who is residing:
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 a. In the village where land is situated or
b. In the resident of panchayat area of the village or
c. In case that resident of the above a and b are not available then in
favour of the resident of adjoining to the panchayat area
If any SC person in accordance with the preference given above is not
available then the land will be sold in favour of ST in order of preference.
3. Transfer by member of ST – Section 157 B – A bhumidhar or asami
belonging to ST is prohibited to transfer by way of sale, gift, mortgage or
lease any land to a person not belonging to such tribe. Transfer made in
contravention of the provision will be void and the land, trees, crops etc.
shall be vested in the state free from all encumbrances.
4. A bhumidhar cannot transfer any land by way of sale or gift to a foreign
national, and a foreigh national cannot acquire any land by sale or gift
without prior permission in writing by the state government. Transfer
made in contravention will be void.( section 154A)
5. *In a consolidated area a bhumidhar with transferable rights cannot
transfer by sale, gift or exchange any fragment. Fragment means land of
less extent than 3.125 acres. Transfer made in contravention of the
provision will be void and the land, trees, crops etc. shall be vested in the
state free from all encumbrances.
 This section 168 A has been delated in 2004. Now transfer of holding
of Land below 3.125 acres is possible.
6. A bhumidhar with transferable rights cannot mortgage any land
belonging to him where possession of the mortgaged land is transferred
or is agreed to be transferred in future to the mortgage as a security for
the money advanced.(section 155), If the bhumidhar transfer the
possession to the mortgagee then this mortgage is deemed as a sale under
section 164.

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 7. Section 156- A bhumidhar cannot let his holding or part thereof, except:
a. When he himself is a disabled person enumerated under Section
157 (1) or
b. Where the lessee is a recognized educational institution for
providing instructions in agriculture, horticulture or animal
husbandry including pisiculture and poultry farming.
Contravention of section 156 or 157 given in section 165.
If a bhumidehar lets out his holding or any part thereof in violation of the
provisions contained under the Act, his interest will be extinguished. The lessee
would become a bhumidhar with non-transferable rights if the total area held by
him, including the leased land, does not exceed 12.5 acres. Where the total area
exceeds 12.5 acres, the lessee would be treated as a purchaser thereof and the
lease will be void. The High Court of Allahabad held that as the appellant let
out the land in contravention of the provisions of Section 156 and 157 of the
UPZA&LR Act, the respondent became bhumidhar with non-transferable rights
and the interests of the appellant came to an end. A plain reading of provisions
leaves no room of doubt that if a bhumidhar lets out his holding in
contravention of Section 156 lessee automatically became and deemed to be
bhumidhar with non-transferrable rights (a sirdar before the amendment in
1977)

3. Right to Exchange – Section 161 (1) provides that a bhumidhar may

exchange his land with the land of any other bhumidhar, or gaon sabha or
local authority (like municipality, town area or notified area). This
exchange can be made only with the prior approval of the Asst. Collector
1st class.
On exchange the tenure holders shall have the same rights in the land so
received in exchange as they had in the land given in exchange. But the land
revenue of the plots shall remain unchanged.

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 The right of a bhumidhar with transferable rights to exchange his land is
not unrestricted. The following restrictions are imposed on his right to exchange
the land:
1. No bhumidhar can exchange the fragment except where the exchange is
with the tenure holder who has a plot contiguous to the fragment.
2. Gaon sabha cannot exchange its land which is of public utility e.g. pond,
khalihan etc. (will effect from 23 August 2001)

If the restriction is violated the exchange shall be void, and both the lands
with effect from the date of exchange, be deemed to have vested in the state
government free from all encumbrances. The trees, crops and wells existing on
the lands on the date of transfer shall, with effect from the said date, be deemed
to have vested in the state government free from all encumbrances.

The collector may take over possession of such land or other property and
may direct that any person occupying such land or property be evicted
therefrom. The transferees may remove other movable property or the material
of any immovable property existing on such land on the date of transfer.

4. Right to bequest (Section 169) – A bhumidhar with transferable rights may,

by will, bequeath his holding or any part thereof. Amongst the three tenure
holders only the bhumidhar with transferable rights possesses this right.
Bhumidhar with non-transferable rights possesses this right. Bhumidhar with
non-transferable rights and asami have no right to make will. But such non-
transferable right with bhumidhar, who had been granted land and is in the Act,
will be deemed bhumidhar with transferable rights of bhumidhar and can
execute a will. In case of will, restrictions contained under Section 154 are not

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applicable, that is to say, the legatee may be a person who is already in
possession of more than 12.5 acres of land.

Distinction between male and female and between females obtaining land
in succession from male and otherwise have now been wiped off by the UP
Land Laws (Amendment) Act, 1975.

Restrictions:
1. A bhumidhar with transferable rights belonging to SC cannot, without the
previous approval of the collector, make a will in favour of non-SC.
2. A bhumidhar with transferable rights belonging to ST cannot make a will
in favour of a non-ST.
Any contravention of the provisions of Section 169 will make the will as
void and ineffective.

5. Right to get declaration: Section 143 (1) provides where a bhumidhar with
transferable rights uses his holding or part thereof for a purpose not connected
with agriculture, horticulture of animal husbandry which includes pisiculture
and poultry farming, the Asst. Collector in-charge of the sub-division may, suo
motu or on application, may a declaration to that effect. Where the proceedings
have been started by the Asst. Collector in-charge of the sub-division on his
own motion, he shall issue notice to the bhumidhar concerned, or he shall give
him an opportunity of being heard before making such declaration.

When the declaration to the effect is granted:

a. The succession to the land shall be devolved by the personal law to which
he is subject; and

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 b. The provisions of Chapter VIII of the Act shall cease to apply with
respect such land that is, he can transfer even to such person who has
already more than 12.5 acres of land.

6. Right to sue for division: Section 176 of the UPZA&LR Act provides that a
bhumidhar may sue for division of his holding. To every such suit the gaon
sabha concerned shall be made a party. Section 177 says that one suit may be
instituted for the division of more than one holding where all the parties of the
suit other than gaon sabha are jointly interested in each of the holdings.
Provided that where the holdings are situate in the jurisdiction of different gaon
sabha, all such sabhas shall be made parties to the suit.
The forum of the suit shall be the Revenue Court of Asst. Collector 1st class.

7. Right of non-ejectment: According to Section 199 “no bhumidhar shall be

liable to ejectment from his holding except as provided in this Act”. That is to
saya bhumidhar cannot be ejected from his holding on any ground.

Exception is provided in Section 212. Accordingly, any person including

bhumidhar shall be liable notwithstanding anything contained in Section 199,
on the suit of gaon sabha to ejectment from the land:
a. Where he was admitted a tenure holder or grove holder on a land of
public utility like common pasture land, pathway, tank, etc., or where he
was a zamindar and cultivated the land himself.
b. Where he was admitted as such on or after August 8, 1946 and before
July 1, 1952; and
c. Where the suit was filed within 10 years from the date of vesting. (This
provision has become obsolete since 10 years have already elapsed).

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 Where the interest of a bhumidhar is extinguished on any one or more of
the grounds mentioned under section 189, the tenure holder ceases to be a
bhumidhar and his privilege of claiming immunity of non-ejectment is lost.
Similarly, according to Sections 166 and 167 where a bhumidhar transfers the
land in violation of any provision of the Act, the transfer will be void and the
subject matter of the transfer shall, with effect from the date of transfer, be
deemed to have been vested in the state government. The transferor if
occupying the land may be evicted by the collector.

 Right of Bhumidhar with non-transferable rights:

1. Right to use the land: This right is provided under Section 142 (2) of the
Act. Accordingly, a bhumidhar with non-transferable rights shall have the
right to exclusive possession of all land of which he is such bhumidhar
and to use such land for any purpose connected with agriculture,
horticulture or animal husbandry which includes pisiculture, poultry and
social forestry. Purpose connected with agriculture etc. will depend upon
the facts and circumstances of each case. But if,
a. Section 186: A bhumidhar with non-transferable rights does not
use his holding for the purpose as mentioned under section 142 (2)
(that is for a purpose connected with agriculture, horticulture,
social forestry and animal husbandry including pisiculture and
poultry farming) for two consecutive years, the land may be
declared as abandoned land by the tahsildar.
b. Section 157: a bhumidhar with non-transferable rights being a
minor, lunatic or idiot has not used his holding for a purpose
connected with agriculture, horticulture etc. for two consecutive
agricultural years, the LMC may admit on behalf of such
bhumidhar any person as asami to the land.
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 c. If such a bhumidhar (disabled or not) has not used his holding for
three consecutive years immediately preceding for a purpose
connected with agriculture etc. and the area of land is more than
12.5 acres, the collector may let the land to any person as an asami.
2. Right to transfer the land: Section 152 (2) says that the interest of a
bhumidhar with non-transferable rights is not transferable, but it is
heritable and permanent. The UPZA&LR (Amendment) Act 1995 added
section 131 B. The consequence of the addition is that every person who
was a bhumidhar with non-transferable rights immediately before the
commencement of the UPZA&LR (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. The person
who have been allotted later on and has not completed the period of 10
years, shall be bhumidhar after completion of the required period.

After acquiring the bhumidhari right in land, such person have right to
alienate the land by way of sale to any person but after transfer of land, the
transferor shall become in future ineligible for lease of the land vested in gram
sabha or land declared as surplus under UP Imposition of Ceil;ing on Land
Holdings Act, 1960.

Exceptions:
There are certain circumstances in which a bhumidhar with non-
transferable rights may make transfer. These circumstances are as follows:
a. He may mortgage without possession his interest in the holding as a
security for a loan
b. He may transfer his holding by way of gift to a recognized educational
institution for a purpose mentioned in Sections 152 (3) and 156 (1) (b).

19
 c. He can make a lease of his land to anybody if he himself comes within
the category of disabled person.
d. Bhumidhar with non transferable right can become bhumidhar with
transferable right after 10 years u/s 131B.
If a bhumidhar with non-transferable rights makes any transfer in
contravention of the provision of the Act, the transfer shall be void.

3. Right to surrender – A bhumidhar with non-transferable rights and an

asami enjoy this right to surrender his holding. Section 183 provides that
a bhumidhar with non-transferable rights may surrender his holding or
any part thereof by making an application in writing to the tahsildar and
giving a notice in writing to the LMC intimating his intention to do so
and by giving up possession thereof whether such holding is or is not let.
Provided that no surrender of the holding or any part thereof shall be
made if the same has been mortgaged under sub-section (2) of section
153 and the mortgage has not been fully redeemed.

So far as the right of a bhumidhar with non transferable rights with

respect to exchange, to sue for division is concerned, it is the same as in case of
a bhumidhar with transferable rights. U/S 170 bhumidhar with non transferable
right has no right to bequest by will his holding.

Rights of an Asami:
1. Right to use the land: According to Section 146 an asami shall, subject
to the provision of this Act, have the right to exclusive possession of all
land comprised in his holding and to use husbandry which includes
pisiculture and poultry farming. Provided that any land which is declared
by the state government by notification in the Gazette to be intended or
set apart for taungya plantation shall not be used by the asami thereof

20
 except for purpose of growing agricultural crops. The unauthorized use of
the land will follow the following consequences:
a. An asami can be ejected for using the land for unauthorized
purposes i.e., other than a purpose connected with agriculture,
horticulture etc. He will also be liable to pay damages for such
unauthorized use.
b. If an asami does not use the land for authorized purpose, the land
may be declared by the tahsildar as abandoned land.
2. Right to let the land: Section 156 provides two conditions in which an
asami can let the land in his holding:
a. If he comes under the category of disabled persons of section 157;
and
b. To a recognized educational institution for a purpose connected
with instructions in agriculture, horticulture or animal husbandry.
3. Right to surrender: The right of surrender is available under the Act to
the bhumidhar with non-transferable rights and to an asami. Section 184
provides that an asami may surrender the whole of his holding but not
any part thereof by giving a notice in writing top the LMC or the land
holder, as the case may be, intimating his intention to do so and by giving
up possession thereof.
4. According to Section 193 on ejectment or on extinction of the interest an
asami ordinarily has rights to remove the standing crops and any
construction existing on the holding. Section 203 provides the effect of
ejectment.
5. According to Section 204 when an asami is no more entitled to hold the
land or when the period of his lease has expired, the landholder must file
a suit to eject the asami. If such a suit is not instituted or a decree
obtained in such suit is not executed within the period of limitation, the

21
 asami shall become a bhumidhar with non-transferable rights on the
expiry of that period.
6. Rights regarding rent is mentioned in UPZA&LR Act under Sections
214, 215, 218, 219, 200, 226 and 226.

These rights are regarding variation rent, suit for fixation of rent,
commutation of rent, remission of rent etc. Important provisions are as follows:
a. Rent payable by an asami shall not be varied except in case of
decrease or increase in the area of holding
b. An asami on being admitted to the occupation of land, shall be
liable to pay such rent as may be agreed upon between him and his
land holder or the gaon sabha.
c. Where the rent is payable in kind or estimate or appraisement of
the standing crop etc., the Asst. collector may at his own instance
and the instance of the gaon sabha or land holder or asami,
commute the rent.
d. The state government may remit the rent on the occurrence of an
agricultural calamity, payable by an asami to a gaon sabha. The
court may also allow such remission from the rent as may appear
just.

22
GAON SABHA AND LAND MANAGEMENT COMMITTEE
There are three institutions in the village which are constituted and established
under UP Panchayat Raj Act, 1947. In the year 1994 some amendments were
made in the UP Panchayat Raj Act which brought changes in the powers, rights
and duties of the members of these institutions. These three institutions are:
gram sabha, gram panchayat and Land Management Committee (LMC) or the
Bhumi Prabandhak Samiti.

GRAM SABHA
Section 3 of the Panchayat Raj Act provides for the establishment of the
Gram Sabha. It is a body consisting of persons registered in the electoral rolls
relating to a village comprised within the area of Gram Panchayat. It is to be
established by the state government for a village or a group of villages. The
state government after the amendment in 1994 estan;osjed the gaon sabha on the
minimum population of 1000 voters.

The gram sabha is a corporate body having perpetual succession and

common seal. Gram sabha has the power to acquire the property by purchase,
gift or otherwise. It can hold, administer and transfer the movable or immovable
property. It can enter into a contract, may sue or be sued.

Section 117 of UPZA&LR Act provides for the vesting of certain lands,
etc. in gram sabha. The section empowers the state government to revest all or
any of the things mentioned therein in the gram sabha by delaration through
notification in the official Gazette. The state government, thus, revested in the
gram sabha the following:
1. Lands (cultivable or not)
2. Forests, situated within the area of gram sabha

23
 3. Trees, other than trees in a holding, or on a boundary of a holding or in a
grove, or in the abadi
4. Fisheries
5. Haats, bazaars and melaas, except those which are vested in the
bhumidhar or owners of the buildings or which are vested in the Zila
Panchayat under Section 119.
6. Tanks, ponds, private ferries, water channels, pathways and abadi sites.

Jurisdiction of gram sabha: Gram sabha has jurisdiction over all public
properties situated within its territorial limits. The state government may entrust
in a gram sabha public properties which are situated outside the territorial limits
of the gram sabha. Such gram sabha or its LMC shall perform, discharge or
exercise the functions, duties and powers assigned or imposed or conferred by
or under this Act or the UP Panchayat Act. These powers etc. will be subjected
to modifications or conditions as may be prescribed.

Functions, duties and powers: They are twofold:

1. Relating to land and
2. General powers and duties

LMC is responsible for the functions, duties and powers in relation to

land etc., wherease the entrustment of general acts other than lands are with the
gram panchayat which acts on behalf of the gram sabha.

There are certain functions which are required to be performed only by

gram sabha e.g. to hold meetings twice in each year. Section 11(1) of the
Panchayat Raj Act provides that these meetings are to be held soon after the
harvesting of the kharif crop and the other soon after the harvesting of rabi crop.

24
The other important function is “to impose the taxes and fees” as menationed
under section 37 of the Panchayat Raj Act.

The gram pradhan is required to call extraordinary meetings in which

development programmes shall be considered along with other things.

GRAM PANCHAYAT
Gram panchayat is constituted under section 12 of UP Panchayat Raj Act
as an executive committee of the gram sabha. The members are elected from
amongst the members of gram sabha. Section 11 provides the scale in
accordance of which the number of members shall be decided, 30%
membership shall be reserved for women. The UP Panchayat Raj Act
(Amendment) 1994 provides that government have power to make reservation
of office of pradhan and up-pradhan as per reservation policy to the SC, ST and
OBC. One-third of the total member of offices of pradhan shall be reserved for
women.

Every person who is residing under the gram sabha and has completed 18
years of age will be entitled to contest the election of panchayat and may cast
his votew. But if any person who desires to contest the election for the post of
office bearer shall be deemed ineligible to contest the election of panchayat.

It is provided by the UP Panchayat Raj (Amendment) Rules 1996 that at

any moment if the members of the panchayat feel that gram pradhan or up-
pradhan is not discharging his duties properly, the members exercising their
powers under section 14 of the act, a written proposal with reasons, in this
regard signed by not less than half of the members shall be presented before
District panchayat raj officer, by at least three signed members. The district
panchayat raj officer after being satisfied shall fix the date by not later than 30 th

25
day for the discussion against the officer bearer in the gram sabha. On the day
either the district panchayat raj officer will be present himself or any authorized
official will be deputed by him to consider the matter in question and after the
discussion of 2 hours, by secret ballot papers voting will be done and thereafter
result will be declared.

Section 15 and 16 of UP Panchayat Raj Act mentions the functions and

duties of gram panchayat, which are summarized as below:
1. Establishing and maintaining primary schools for boys and girls
2. Arranging for the sanitation of the village
3. Maternity and child welfares
4. Arranging and regulating the sources of water supply for drinking
purposes
5. Establishment, management and care of common grazing grounds
6. Allotment of places for storing manure
7. Registering births, deaths and marriages and maintenance of other records
as prescribed
8. Assisting the development of agriculture, commerce and industry

LAND MANAGEMENT COMMITTEE

According to section 28 A of UP Panchayat Raj Act the gaon panchayat
of every gaon sabha shall also be LMC to assist it in the discharge of its duties
of up-keep, protection and supervision of all property vested in the gaon sabha
under section 117 of the UPZA and LR Act, and all other property vesting in it
or coming into its possession under any other provision of the UPZA and LR
Act.

The LMC consists of all the members of gaon panchayat, lekhpal of the
gaon sabha is the secretary of the LMC, while the secretary of the gaon

26
panchayat is gaon panchayat adhikari, who is an employee of panchayat raj
department. The pradhan and up-pradhan shall respectively be Chairman and
Vice-chairman of LMC. The situation is thus the same pradhan of gaon sabha is
ex-officio pradhan of its gaon panchayat and the chairman of its LMC.

Functions and Duties:

1. The setting and management of the land
2. The conduct and prosecution of suits and proceedings by or against the
gaon sabha
3. The development and improvement of agriculture
4. The preservation, maintenance and development of forests and trees
5. The maintenance and development of abadi sites and village
communications
6. The management of haats, bazaars, melaas
7. The development of cottage industries
8. The maintenance and development of fisheries and tanks
9. The consolidation of holdings
10.Such other matters as may be prescribed
Powers of LMC:
1. With the previous approval of asst. collector, the committee can admit
any person in land vested in the gaon sabha or coming into its possession
under any provision of the law.
2. Where any property of the gaon sabha is damaged or misappropriated, the
committee shall inform asst. collector, who will initiate proceedings for
ejectment and compensation therefor.
3. The chairman, secretary or a member of LMC may make an application
to the collector for the ejectment from the land of public utility mentioned
under section 212 of the UPZA and LR Act.

27
 4. LMC, if empowered by the state government, may collect and realize the
land revenue. The committee shall be paid a commission of 6.25% on the
land revenue collected and realized by it.
5. Where a bhumidhar with non-transferable rights, being a minor, idiot or
lunatic has not used his holding for a purpose connected with agriculture,
horticulture or animal husbandry which includes pisiculture and poultry
farming for two consecutive fasli years, the LMC may admit on behalf of
the said bhumidhar any person as an asami.
6. In some cases, LMC is entitled to take possession over land:
a. When a bhumidhar with transferable rights dies heirless and
without making a valid will.
b. When a bhumidhar with non-transferable rights dies heirless.
c. When a bhumidhar with non-transferable rights surrenders his
holding or his holding is abandoned.
d. When a bhumidhar is ejected from the holding in accordance with
the provision of the Act.
e. When an asami of the gaon sabha is ejected or dies heirless.
7. LMC may with the previous approval of the Asst. Collector in-charge of
the sub-division, allot land for purposes of building houses to members of
SC, ST, agricultural labourers or village artisans.
8. LMC has right to deal with waste land, forests and scattered trees.

Section 123A of the UPZA and LR Act provides for the liability of the
members of the LMC. Every member shall be liable for the loss, waste or
misapplication of any property vested in the gaon sabha., where such loss, waste
or misapplication is a direct consequence of neglect or misconduct of the
member of the LMC. A suit for compensation may be instituted against such
erring member of the LMC or the gaon sabha with the previous sanction of the
collector.

28
Gaon fund: Section 132 of the UP Panchayat Raj Act provides for the
establishment of a gaon fund for each gaon sabha. All sums received by the
gaon sabha, gaon panchayat or the LMC, except damages and compensation
money shall be credited to the gaon fund. This fund shall be utilized for
carrying out the duties or obligations imposed upon the gaon sabha or the gaon
panchayat or the LMC.

The fund will be raised from:

1. The proceeds of any tax imposed under UP Panchayat Raj Act
2. All sums handed over by the state government to the gaon sabha
3. Sums cdontributed to the gaon fund by the zila parishad or other local
authority
4. The sale proceeds of all dust, dirt, dung or refuse collected by the
servants of the gram panchayats.
5. Sums received as tehbazari from haats, bazaars and melaas
6. Sums received from the grant of theka to take fist from ponds, tanks and
fisheries
7. All sums received by way of loan or gift
8. All other sums as may be assigned to the gaon fund by any special or
general order of the state government.
The administration of the gaon fund shall be in the hands of the LMC
subject to the general control of tahsildar.

Consolidated gaon fund:

It shall be administered and operated by the collector. Every gaon sabha
in the district shall pay annually to the consolidated gaon fund as may be fixed
by the collector. The fund shall also receive amount of compensation and
damages.

29
CHAPTER 5
EJECTMENT OF TENURE HOLDERS

A tenure holder may be ejected (except the bhumidhar with transferable

rights) from the possession of land by the operation of law on certain grounds. It
can be studied under the following heads:
1. Ejectment of trespasser: Section 209 of the UPZA & LR Act provides for
the ejectment of persons occupying land without title, that is a trespasser.
According to the provision of the Act when a person:
a. Taking or retaining possession of land otherwise than in
accordance with the provisions of the law for the time being in
force; and
b. Taking and retaining possession without the consent of the tenure
holder concerned or in case of land belonging to gaon sabha,
without the consent of gaon sabhs;
He shall be liable to be ejected from the helding on the suit of the bhuimidhar,
asami or gaon sabha as the case may be. Such a trespasser shall also be liable to
pay damages.

A trespasser is a person who occupies the land without title. According to

Section 209 a trespasser is “a person taking or retaining possession of land
otherwise than in accordance with the provisions of the law for the time being in
force”. Thus, the section speaks of two types of trespassers, who occupies the
land without the consent of the tenure holder from the very beginning and
secondly subsequent trespasser that is a person who enters the land under some
title but subsequently loses that right.

Procedure: The suit for ejectment of a person holding the land without title and
for damages is to be filed in the Revenue Court of Asst. Collector 1 st class. The

30
state government shall be made a necessary party to such a suit. If the
concerned land belongs to a bhumidhar or asami, the tenure holder concerned
should file the suit. If the land has vested or come in the possession of gaon
sabha, then the suit shall be filed by the gaon sabha concerned. In case the
asami of a bhumidhar does not file a suit for ejectment, the bhumidhar may take
the action, being the owner of the land.

Section 210 of the Act provides for the consequences of failure to file suit
under section 209. It provides that if a suit for eviction from any land under
section 209 is not instituted by a bhumidhar or asami, or a decree for eviction
obtained in any such suit is not executed within the period of limitation
provided for institution of such suit or the execution of such decree, as the case
may be the person taking or retaining possession shall:
a. Where the land forms part of the holding of a bhumidhar with
transferable rights, become a bhumidhar with transferable rights of such
land the right, title and interest of an asami in such land shall be
extinguished.
b. Where the land forms part of the holding of a bhumidhar with non-
transferable rights become a bhumidhar with non-transferable rights and
the right, title and interest of an asami, if any, in such land shall be
extinguished.
c. Where the land forms part of the holding of an asami on behalf of the
gaon sabha, become an asami of the holding from year to year.

But the above consequences shall not ensure in respect of any land held by a
bhumidhar or asami belonging to ST.

Where the land belongs to the member of a ST and it is held by a

trespasser, the Asst. collector may, suo motu, or on the application of such

31
tenure holder, put him in possession of such land after evicting the occupant and
may, for that purpose use or cause to be used such force as may be necessary.
Where the trespasser re-occupies the land of such a member of ST without
lawful authority he shall be punishable with imprisonment for a term which may
extend to two years but which shall not be less than 3 months, and also with a
fine upto Rs. 3000, the minimum of which shall not be less than 1000.

The limitation period to file a suit by the bhumidhar or asami is 12 years.

There is no limitation period prescribed to file a suit by the gaon sabha.
Therefore, no trespasser can acquire the status of a bhumidhar with non-
transferable rights in the land belonging to gaon sabha.

Special procedure for gaon sabha land: A suit for ejectment and damages of a
person without title may be filed by the gaon sabha through the LMC in the
Revenue Court of Asst. Collector 1st class. Therefore, the power to file the suit
against trespassers lies with LMC. The gaon sabha manual (para 128) provides
that the conduct of litigation shall not depend upon the individual discretion of
the Chariman of the bhumi prabhandhak samiti, but shall be a matter of
resolution of the bhumi prabhandhak samiti, but shall be a matter of resolution
of the bhumi prabhandhak samiti as a whole. Para 128 is reasonable, complete
and equitable and lays down how the LMC can sue or defend, therefore it must
be held to be mandatory.

There is also an alternative provision, contained under section 122 B of

the UPZA & LR Act, which provides for the ejectment of a trespasser.
Accordingly, “where any property vested under the provisions of this Act in a
gaon sabha or local authority is damaged or misappropriated or where any gaon
sabha or local authority is entitled to take or retain possession of any land under

32
the provisions of this Act, the LMC or local authority as the case may be, shall
inform Asst. Collector concerned in the manner prescribed”.

The collector shall take action accordingly. He shall issue notice to the
person concerned to show cause. If the person alleged to have caused such
damage fails to show cause within the time specified, or the cause shown is
found to be insufficient the asst. collector may direct that such person may be
evicted from the land.

2. Ejectment from land of public utility: Section 212 of the UPZA and LR
Act provides, “any person who on or after the 8 th day of August 1946 has
been admitted as a tenure holder or grove holder or being an intermediary
has brought under his own cultivation or has planted a grove upon land
which was recorded as or was customary common pasture land,
cremation or burial ground, tank, pond, pathway or khalihan, shall be
liable, notwithstanding anything contained in section 199, on the suit of
the gaon sabha to ejectment from the land, on payment of such
compensation as may be prescribed”.

Therefore, in order to eject a person under section 212, the following conditions
must be satisfied:
1. The person must have been admitted as a tenure holder or grove holder,
or he was an intermediary who had planned a grove upon the land or
brought the land under his own cultivation;
2. Such plantation etc, was made on or after 8th August 1946;
3. The plantation, admission or cultivation must have been on land which
was recorded as or was customary common pasture land, cremation or
burial ground, tank or pond, pathway or khalihan.

33
 4. The suit for ejectment must have been filed within 10 years from the date
of vesting.

Section 212 A provides the summary procedure for ejectment from land of
public utility:
1. The Chairman, member or secretary of a LMC may make an application
to the collector for ejectment.
2. If the collector is satisfied from the particulars of the application that
there is sufficient ground for proceeding he shall make an order in writing
stating the grounds of his being so satisfied and requiring the person
against whom the application is directed to appear within a time to be
fixed by him and to show cause why an order of ejectment be not made
against him.
3. If the person does not appear in pursuance of notice, the collector may
make an order for his ejectment from the land.
4. If the person appears before the collector and puts his objections thereof,
and the collector is satisfied that the person who admitted as tenure holder
or grove holder or he is an intermediary who has brought the land under
his own cultivation or planted a grove thereon, on or after 8 th August
1946, he shall pass on order for ejectment of the person from the land on
payment of such compensation as may be prescribed.

If no order for payment of compensation is made the ejectment shall be void.

The compensation payable on ejectment shall be equal to the cost of
improvement, if any, made upon the land and one year’s rent computed at
hereditary rates. In addition to it, if there is standing crops or trees the tenure
holder is entitled to get compensation for it.

34
 3. Ejectment of a bhumidhar: Section 199 of the UPZA and LR Act
declares that no bhumidhar shall be liable to ejectment from his holding
except as provided in this Act. That is to say a bhumidhar is immune
from ejectment e.g. if a bhumidhar keeps his land vacant for a period of
twenty years, he cannot be ejected, although his holding can be sold in
the realization of the arrears of revenue.

Exception is provided under section 212 which provides that any person
including a bhumidhar shall be liable notwithstanding anything contained in
section 199, on the suit of gaon sabha to ejectment from the land:
a. Where he was admitted as a tenure holder or grove holder on a land
of public utility like common pasture land, pathway, tank etc., or
where he was a zamindar and cultivated the land himself;
b. Where he was admitted as such on or after August 8, 1946 and
before July 1st 1952.
c. Where the suit was filed within 10 years from the date of vesting
(this condition has already elapsed)

The immunity of non-ejectment is available to a bhumidhar so long a tenure

holder remains a bhumidhar. Where the interest of bhumidhar is extinguished
on any one or more of the grounds mentioned under section 189 of the UPZA
and LR Act, the tenure holder ceases to be a bhumidhar and his privilege of
claiming immunity of non-ejectment is lost.

Similarly, where a bhumidhar with transferable rights transfers the land in

violation of any provision of the Act, the transfer will be void and the subject
matter of the transfer shall, with effect from the date of transfer, be deemed to
have been vested in the state government free from all legal liabilities. The

35
transferor or the transferee, if occupying the land may be evicted by the
collector.

The interest of a bhumidhar with non-transferable rights is not

transferable. But he can make a gift or lease in favour of educational institution.
Secondly, if he is a disabled person, he can let his land to any person. If he
transfers his holding otherwise than in the above two conditions, the transfer
shall be void. The subject matter of such transfer shall be vested in the state
government free from all legal liabilities and the person who occupies the land
may be evicted by the collector.

4. Ejectment of an Asami: the grounds for the ejectment of an asami are as

follows:
a. The interest of an asami in the holding is neither permanent nor
transferable but only heritable. Since the interest of an asami is not
transferable, he can be ejected from his holding if he makes
transfer in contravention of the provision the Act. Only two
exceptional conditions are provided when he can transfer his
holding, namely, in favour of an educational institution and if he is
a disabled person.
b. Section 146 para 2 provides that where any land is declared by the
state government for taungya planatation, it shall not be used by
asami for any other purpose. If he uses such land for any other
purpose he shall be liable to be ejected.
c. If there is an unsatisfied decree of arrears of rent outstanding
against him and such decree can be executed by ejectment (section
202(h))

36
 d. If an asami was admitted n the land of public utility on or after
August 8, 1946 under section 212, he can be ejected within the
limitation period of 10 years from the date of vesting
e. Where an asami is holding sir or khudkasht of an ex-zamindar in
lieu of maintenance allowance, he will be ejected after the period
of maintenance allowance expires.
f. According to the provisions of UPZA and LR Act, no tenure holder
can mortgage his holding or part thereof in which possession is
transferred to the mortgaged. But, on the abolition of zamindari all
mortgagees of tenants became asamis, whether the mortgage itself
was valid or not. Such mortgagee can be ejected on the suit of
mortgagor if the mortgage has been satisfied or the amount owing
under the mortgage has been deposited in the Court.
g. If an asami was let the land for taungya plantation, and the
cultivation of the agriculture crop has become impossible on
account of grown up trees, the asami can be ejected.
h. Where an asami has been admitted by the disabled tenure holder
under section 157 (1), or has been admitted by LMC under section
187 in the holding of a minor, idiot or lunatic, he can be ejected on
the suit of land holder, if:
1. The disability has determined; or
2. The land holder wishes to bring the land under his
personal cultivation and where the lease is for a fixed
term, such term has expired.
i. Where interest of a land holder extinguishes from the holding, the
asami’s interest also gets extinguished.

Remedies to an asami for wrongful ejectment: Section 200 of the Act

declares that no asami shall be ejected ffrom his holding except as provided in

37
this Act. An asami has remedies under section 209 and 212 B for his wrongful
ejectment.

Where an asami ejected from, or prevented from obtaining possession of

any land forming part of his holding otherwise than in accordance with the
provisions of the law by (i) his land holder; or (ii) any person claiming a land
holder and to have a right to eject him; or (iii) any person admitted to, or
allowed to retain possession of the land by such landholder or person, may sue
the person ejecting him or keeping out possession.

Remedies to an asami are:

1. For possession of land
2. For compensation for wrongful dispossession
3. For possession of land and for compensation for wrongful dispossesstion.

38
CHAPTER 6
COMPENSATION AND REHABHILITATION GRANT

The UPZA and LR Act abolished the zamindari system from the sphere
of land law. The zamindars were dispossessed of their estates by the state
government. The state government took over the property and estates of all
intermediaries in lieu of compensation and rehabilitation grant. The provisions
regarding compensation and rehabilitation grant are contained in sections 65-
105 of the Act.

The compensation is meant to recompense the person who is deprived of

his property. While the rehabilitation grant is paid to zamindars to give them
opportunity to find new and useful options for rehabhilitation. The points of
distinction between compensation and rehabilitation grant can be summarized
as under:
1. Compensation is paid to all the intermediaries including a thekedar while
rehabilitation grant is paid to some intermediaries and never to a
thekedar.
2. Compensation is paid at flat rate of eight times of the net assets whereas
rehabilitation grant is paid at a graded rate ranging from one to twenty
times of the net assets.
3. Application for the payment of compensation is not necessary but an
application is necessary for payment of rehabilitation grant.
4. Compensation is paid with effect from the date of vesting. Except in case
of waqf, trust or endowment, the rehabilitation grant is paid from the date
on which the amount of compensation has been determined.
5. Interim compensation is paid while interim rehabilitation grant is not.
6. While deciding the amount of compensation, transfer of estate by sale or
gift is to be recognized, whereas transfer by ways of sale or gift of any

39
 estate or part thereof made on or after the 1st July 1948, shall not be
recognized in case of rehabilitation grant.
7. Arrears of land revenue and specific government dues are to be recovered
from the compensation, but they are not recoverable from the
rehabilitation grant.
8. “Zamindari Abolition Compensation Bonds” shall carry interest at the
rate of 2.5% per annum from the date of vesting while “Zamindari
Abolition Rehabilitation Grant Bonds” are non-interest bearing bonds.
9. Appeal shall lie from the order of compensation officer to the district
judge and second appeal to High Court. In case rehabilitation grant the
appeal shall lie to the district judge from the orders of the Rehabilitation
Grant Officer. Only revision petition may lie to the High Court and not
second appeal.
CHAPTER 7
LAND REVENUE
Revenue is a tax imposed by the state and is fixed in accordance with
some principles incorporated in a statute. Land revenue is a tax on land or its
produce paid to the government. The exclusive jurisdiction has been conferred
on the revenue courts relating to land revenue. All land held by a person who is
or is deemed to be a bhumidhar as such and wherever situate, is liable to the
payment of land revenue to the state government except such land as may be
exempted whether wholly or partially from such liability by grant of, or contract
with the state governments.

Section 243 provides for the persons who are liable to pay land revenue.
It runs thus “all bhumidhars in any holding shall be jointly and severally
responsible to the state government for the payment of land revenue for the time
being assessed thereon”. That is to say that the liability for the payment of land
revenue is not only upon all bhumidhars but also upon all persons succeeding

40
by inheritance, purchase, gift, exchange or otherwise to the interest of such
bhumidhars and they shall be responsible of all arrears of land revenue due at
the time of their succession.

Principles of assessment of land revenue:

These principles are contained under section 264 which may be stated
thus:
1. The settlement officer at first ascertains the estimated average surplus
produce of a holding.
2. The average surplus produce will be found out by deducting the ordinary
expenses of cultivation from the average estimated yield of the land.
3. The ordinary expenses of cultivation will be determined in such manner
as may be proscribed by Rules.
4. The land revenue will be such percentage of the surplus produce as may
be fixed by a resolution of the UP Legislature passed after considering the
recommendations of the state government.
5. The percentage of revenue to the surplus produce shall be on a graded
scale being highest in the case of a holding with the highest surplus
produce and lowest in the case of holding with lowest surplus produce.

Arrangement for collection of Land revenue:

According to section 275 the state government may make such
arrangements and employ such agency for collection of land revenue as it may
deem fit. Therefore, the power or responsibility to collect and realize the land
revenue is upon the state government. The government may do this through its
staff or may give lease or theka to private individuals, a body of individuals or
may entrust the duty of collecting the land revenue to the LMC.

41
 The state government has delegated its power to realize the land revenue
to the collector. He is responsible for collection of land revenue and other
government dues recoverable as arrears of land revenue in his district. The
tahsildar has been charged with responsibility for the maintenance of all record,
account and collection of land revenue and other government dues recoverable
as arrears of land revenues within his tehsil. The collection of land revenue is
actually made by the Amin.

Procedure for recovery of an arrear of land revenue under section 279:

The land revenue is collected and realized for the fasli year commencing
from the 1st July and ending on 30th June. It is payable in two instalments viz.,
kharif and rabi. If the land revenue or any instalment thereof is not paid or
before the due date, it becomes arrears of land revenue and the persons liable
for it become defaulter.

Section 279 (1) of the UPZA and LR Act provides for the procedure as to
the recovery of land revenue from such a defaulter. Accordingly, an arrear of
land revenue may be recovered by any one or more of the following processes:
1. By serving a writ of demand or a citation to appear on any defaulter
2. By arrest and detention of his person
3. By attachment and sale of his movable property including produce
4. By attachment of the holding in respect of which the arrear is due
5. By lease or sale of the holding in respect of which the arrear is due
6. By attachment and sale of other immovable property of the defaulter
7. By appointing a receiver of any property, movable or immovable of the
defaulter.

42
CHAPTER 8
SUCCESSION
This UPZA and LR Act has abolished the religion from the sphere of land
law. Now the tenancy shall be devolved in accordance with the law contained
under sections 169 to 175 of the Act, whether the tenure holder is a Hindu,
Muslim, Christian or he follows any other religion.

Though the religion has been abolished from the sphere of land law yet
the sex has been retained. If the deceased was a male, the devolution shall be in
accordance with the principle contained under section 171
Sec 171(2) U.P.Z A &L.R
Following persons are entitled to inherit property in case of death of Male
relative dies intestate (without making will)----------------------------U.P.Z A
& L.R. Act

(a) Widow, unmarried, daughter, male lineal descendent per strip.

Provided that the widow and the son of a predeceased son how low-so
ever per stirpes shall inherit the share which would have devolved upon
the predeceased son had he been alive.

(b) Mother & father.

(c) Unmarried daughter.
(d) married daughter
(e) Brother and unmarried sister
(f) Son’s daughter
(g) Father’s mother & father’s father.
(h) Daughter’s son.
(i) Married sister.

43
 Expl:- Widow includes, widow of per deceased son, there we know that son
of pre deceased son is clause(a) heir. But daughter of pre deceased son of
clause (f) heir. And similarly daughter’s son is clause (h) heir.

and if the deceased was a female, the succession

will be as laid down under sections 172 and 174. Section 172 (1) mentions the
estate of a woman as a limited one. But, it is notable that this limited estate is
not the same as it was enshrined the old Hindu law. The concept of “limited
interest” is unknown to the zamindari law of succession and transfer. It is
available to all bhumidhars with transferable rights whether be a female or male
hindu or non-hindu. It is clear from the provision section 152. The Supreme
Court has also laid down that there is nothing in section 152 from which it may
be inferred that the interest of a female bhumidhar is anything less than the
interest held by a male bhumidhar. Under the Act, she is the owner of the
property. The entire estate is vested in her. What is contemplated by section 172
(1) is not the limited estate of old hindu law. Her estate is limited in the sense
that “on her death, remarriage, abandonment or surrender, the holding shall
devolve not upon her heirs, but upon the lase male tenure holder to whom the
female had herself succeeded”. Yet it can be said that to some extent, sex has
been retained in the sphere of land law in matters of succession.

Further, the concept of coparcenary property and son’s right by birth in

the ancestral property have not been recognized by the provision of the UPZA
and LR Act. The powers of karta under the Hindu law would not be available in
respect of bhumidhari rights.

44
Succession to a female holding an interest:
When a tenure holder is a female and has not inherited the land from a
male, on her death the landed property (holding) shall devolve in accordance
with the provision contained under section 174. That is to say if a female
purchases some holding herself or acquires land by gift or even adverse
possession, her heir shall succeed her on her death.

The heir mentioned in order of preference are the following:

a. Son
Son of a predeceased son
Son of a predeceased son of a predeceased son
Son’s widow who has not remarried
Son’s son’s widow has not remarried and who has no husband’s parents.

The succession shall be:

i. per strips
ii. in equal shares
b. Husband
c. Deleted
d. Daughter
e. Daughter’s son
ee. Father
eee.Mother
f. Brother
g. Brother’s son
h. Sister
i. Sister’s son

45
When a widow inherits the holding from her husband and remarries, she losses
her right to the inherited holding. And if a suit to eject her is not filed within the
limitation period, she becomes fresh stock of descent and on her death the
holding devolves upon her son born after remarriage. Land gifted by father-in-
law to the daughter-in-law will be governed by the provisions of section 174 of
the Act.

The heirs under section 174 will be full owners, whether they are males
and females.

Section 175: Passing of interest by survivorship:

“In case of a co-widow of a co tenure holder, who dies leaving no heir
entitled to succeed under the provisions of this Act, the interest in such holding
shall pass by survivorship”. Therefore, the rule of survivorship has been
recognized in the Act only in two cases, viz., in the case of a co widow or a co
tenure holder, who dies leaving no heir entitled to succeed under the provisions
of the Act.

Murderer is not disqualified from succession:

The principles of justice, equity and good conscience demands that a
murderer should be excluded from succeeding the estate of murdered person.

46
CHAPTER 9
RECORD OF RIGHTS AND MUTATION PROCEEDING

Record of rights are the original records framed by the Record Officer
during the record operations which are conducted in accordance with chapter IV
of the Land Revenue Act. It is the study of the Collect to maintain the record of
rights and for that purpose he shall annually or at such longer intervals as the
state government may prescribe cause to prepared an amended register. The
register so prepared shall be called “annual register”.

Annual Register:
Annual register, which is also known as khatauni, is the amended edition
of the record of rights. It has to be prepared by the collector annually or at a
prescribed time. The collector shall cause to be recorded in annual register:
a. All successions and transfers in accordance with the provisions of section
35 or
b. Other changes that may take place in respect of any land and shall also
correct all errors and omissions in accordance with the provisions of
section 39.

Provided that the power to record a change under clause b shall not be construed
to include the power to decide a dispute involving any question of title.

When the annual register is prepared the collector shall cause to be

prepared its extract and supply it to the person concerned, which will be called
as Kisan Bahi. It shall be a consolidated pass book for all the holdings of a
tenure holder in respect of land held by him as bhumidhar whether with or
without transferable right, asami or government lessee.

47
 Khatauni is prepared six yearly. The khatauni consists of 13 columns.
The name of tenure holder, fathers name and residence duration of occupancy,
amount of revenue or rent etc. are specially mentioned in the khatauni and
which is not found in any other records or paper.

Changes in Khatauni:
Section 33(3) of the UP Land Revenue Act expressly provides that no
such change or transaction shall be recorded without the order of collector or an
hereinafter provided of the tahsildar or kanungo. But under para A 153 of the
Land Records Manual, the Lekhpal is authorized to make on his own initiative
in the following two cases:
1. Division and union of fields
2. Entry of minor’s age and the name of his guardian.

Mutation proceedings:
It is popularly known as dakhil kharif. The dakhil kharif proceeding starts
wherever there is a change in the possession of the land whether by succession
or transfer or otherwise, the change is recorded in the khatauni by way of
“mutation proceedings”.

Therefore, the mutation proceeding starts with the change in the

possession of the land. This change may occur:
1. By succession or
2. By transfer

Section 33 A of the Land Revenue Act provides that where a person

obtains possession of any land by succession, the Kanungo shall make such
enquiry as may be prescribed and if the case is not disputed record the same in
the annual register.

48
 Whenever, the Kanungo comes to know the death of a tenure holder, he
must enquire into the matter and if he comes to the conclusion that the
succession is disputed he must strike off the name of the deceased and enter the
name of the heir or heirs of the deceased in his place.

Section 34 (3) speaks about mutation on ground of transfer. Accordingly,

every person obtaining possession of any land by transfer must report such
transfer to the tahsildar or the tehsil in which the land is situate.

The word transfer includes:

1. A family settlement by which the holding or part of the holding recorded
in the record of right in the name of one or more members of that family
is declared to belong to another or other members; or
2. An exchange of holding or part thereof under section 161 of UPZA and
LR Act.

Every report to tahsildar under section 34 shall be in writing. This report

shall specify the following:
1. The name of the village where the land has been acquired
2. The name, parentage and residence of the person who has acquired the
land and the person from whom the land has been acquired.
3. Description of the right and the manner in which it has been acquired.
4. The rent on which the right has been acquired and
5. The revenue or the rent of the land acquired.

49
CHAPTER 10
MISCELLANEOUS
1. Cooperative farming society:
The law relating to cooperative farming is contained under the UP
Cooperative Societies Act. Chapter XI of this Act, 1965 is concerned with the
cooperative farming. The cooperative farming society is the society formed and
registered under the above Act.
Any ten, or more persons:
a. Holding bhumidhari with transferable or non-transferable rights in
lands in gaon sabha, and desiring to pool it; or
b. Intending together to obtain, in the name of the society, land in gaon
sabha, by purchase, lease or otherwise to form a society.
Object of society:
The object of the society is to encourage thrift, self-help and cooperative
spirit and to promote economic, social and cultural interest of its members. The
particular object is to arrange for the pooling, joint cultivation and joint
management of the land, and practice farming on modern and scientific line for
increased and economic production.

Purpose:
The purpose of the cooperative farming society may be agriculture,
horticulture, sericulture, pisciculture, poultry farming, piggery or animal
husbandry. Along with any one or more purposes, the development of cottage
industry, subsidiary to any such purpose, may be included in the purpose of the
society.

Section 87 of Act provides that the cooperative societies shall be entitled

to the following concessions, facilities and priorities:
1. Reduction in land revenue

50
 2. Reduction in irrigation charges
3. Reduction in taxes by local bodies
4. Reduction in sales tax on the purchase of diesel oil, petrol and mobil oil
for agriculture purposes
5. Priority in the grant of taqavi
6. Priority in the construction of irrigation and other projects by the state
government.
7. Priority in the supply of water for irrigation, seeds, manures, fertilizers
and other articles necessary for farm production.
8. Priority in the marketing of farm produce

2. Declaratory Suit:
A declaratory suit is that suit in which the plaintiff request the court to
declare his legal status. Under the UPZA and LR Act, the provisions for
declaratory suit are as follows:
a. Declaratory suit by gaon sabha: Section 229 of UPZA and LR Act
provides that the gaon sabha 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 in its discretion may
make a declaration of the right of such person and gaon sabha need not in
such suit ask for any further relief. This provision of UPZA and LR Act is
not subject to Section 34 of the Specific Relief Act, 1963. The Court shall
not make any such declaration where the Gaon sabha being able to seek
further relief than a mere declaration of title, omits to do so. The forum to
file such suit is Asst. Collector first class. The first appeal shall lie to the
commissioner and second appeal to the Board of Revenue.
b. Declaratory suit by an asami: according to section 229 B an asami may
institute a suit for declaration of his status against his land holder. “Any
person claiming to be an asami of a holding or any part thereof whether

51
 exclusively or jointly with any other person, may sue the landholder for
the declaration of his rights as asami, in such holding or part, as the case
may be”. The forum is the Revenue Court of the Asst. Collector 1st class.
c. Declaratory suit by a bhumidhar: Section 229 B applies also to a suit
by a person claiming to be a bhumidhar. Therefore, any person claiming
to be a bhumidhar of a holding or any part thereof, whether exclusively or
jointly with any other person, may institute a suit for declaration of his
rights as a bhumidhars. The state government or the concerned gaon
sabha shall also be impleaded as defendants. A bhumidhar may file a suit
not only for the declaration of his own rights in the holding but also for
the declaration of the right of any person claiming to be an asami in the
holding of the bhumidhar. When a bhumidhar has been dispossessed, he
must file a suit under section 209 for the ejectment of the trespasser and
also for the possession of the land. Where a bhumidhar is joint with other
bhumidhar he may institute a declaratory suit of his own share in the
holding or holdings. It is not necessary that he should ask for partition.

52
UPZALR Act (Summary)

Ejectment of Trespasser

Section 209 provide that suit file by Bhumidhar in Assistant Collectors court to
eject trespasser State Govt. must be a necessary party.

Section 201 (Adverse Possession)

If Bhumidhar fails to file a suit within 12 years, Trespasser gets the right of
Bhumidhar Transferable Right or Bhumidhar with non-Transferable Right as
the case may be but this rule is not applicable in case of land belonging to S.T.
or Gaon Sabha.

Section 122 – B

If trespasser is on land of Goan sabha then L.M.C. will inform to Assistant

Collector and Assistant Collector after enquiry ejects the trespasser.

53
Allotment

Housing site Agriculture—Land

Sec. 122- C

by L.M.C. & by LMC

122 (c) Asst. collector 195 197

List of allottee Land vested Land in

Gaon

SC, ST, OBC, General (B.P.L.) in Gaon Sabha Sabha

u/s 132

Landless Ag. Labour u/s 117, 194

By 122 (C)(1) by A.C. Allottee gets rights Allottee

will be

122 ( C) (2) – LMC of Bhumidhar with asami

Housing site N.T.R.

List of Allottee u/s

198

54
132:- No Bhumidhar right accrue in Pasture land, river land etc.

 131- B: BNTR will become BTR in 10 year after – 1995.

 131- A: Allottee of land u/s 117 gets BNTR.

Right of Bhumidhar with transferable rights

(1) Right to use sec - 142

Restriction

A- Where land exceeds 12.5 acres

B- Right not to appropriate minerals

(2) Right to Transfer sec - 152

Restriction

A- Sec – 154+166, 167 where purchaser exceeds 12.5 acres

55
 But e-garden is an exception. Sub clause(3) aided in 2005 further
provides that transfer for more than 12.5 acre can be made with
prior approval of state govt. and if no such prior approval has been
taken such transfer can be regularized by payment of 25% fine of
cost of land.

B- By member of S.C. – 157 A

C- By member of S.T. – 157 B
D- No transfer to foreign national 154 – A
E- No transfer of fragment 168 – A (Deleted)
F- No possessory mortgage 155 + 164
G- No lease of land – 156 + 165

(3) Right of Exchange sec– 161

(4) Right to bequeath Sec - 169

Restriction

S. C. Make with S. C.

(5) Right to get declaration Sec – 143

(6) Right to sue for division sec – 176

(7) Right of non – ejectment sec – 199

(8) Sec 161:- Exchange

56
Important Section

(1) Sec 164 :- Effect of possessory mortgage is sale (Sec. 155)

(2) Sec 165 – Lease in contravention of Sec 157 if lessee has not exceeds
12.5 acre then he became bhumidhar with NTR. If land exceed 12.5 acre
of land then lessee become purchaser of land.

(3) Sec 161/167 – Effect of void transfer

(4) Sec 169 – Bequest by Bhumidhar

(5) Sec 170- Bequest by Bhumidhar with NTR & Asami

(6) Sec 171 – Succession of male’s property.

(7) Sec 172 - Succession of women property inherited as widow, mother or

daughter.

(8) Sec 174 – Succession of women property under the Sec 172.

(9) Sec-143 :- Declaration

57
 (10) Sec- 153 :- Asami has no right to Transfer

(11) Sec – 154:- Restriction on transfer Bhumidhar, if transferee has

more 12.5 acre + Sec- 166 , Sec- 167 :- Transfer made in contravention
be void.

Sec -209:- Ejectment of person illegally occupying the land.

Sec- 210 - :- Failure to file suits with in time to trespasser the trespasser
become Bhumidhar with TR or NTR.

Allotment of Land

Sec 195:- By L.M.C. in land Sec 117, to person in list Sec 198. Such allottee
gets right of Bhumidhar with N. T. R.

Sec 197:- By L. M. C. to person mention in Sec 198(in a land mentioned in

sec 132) – Allottee get Asami right.

58
Sec 171(2) U.P.Z A &L.R

Following persons are entitled to inherit property in case of death of Male

relative dies intestate (without making will)-----------------------------U.P.Z A &
L.R. Act

(j) Widow, unmarried, daughter, male lineal descendent per strip.

Provided that the widow and the son of a predeceased son how low-so
ever per stirpes shall inherit the share which would have devolved upon
the predeceased son had he been alive.

(k) Mother & father.

(l) Unmarried daughter.
(m) married daughter
(n) Brother and unmarried sister
(o) Son’s daughter
(p) Father’s mother & father’s father.
(q) Daughter’s son.
(r) Married sister.

Expl:- Widow includes, widow of per deceased son, there we know that son
of pre deceased son is clause(a) heir. But daughter of pre deceased son of
clause (f) heir. And similarly daughter’s son is clause (h) heir.

59
 Female succession

Sec 172 Sec 174

If property obtain elf Acquired / in laws

property.

u/s 171 by male.

Women’s Succession

Sec – 172 :- If any women gets property u/s 171 then if she is widow, then after

Re-marriage she loses her right. Then also if she died without bequest,
then

Property devalues to last heir of male from which she inherits it.

 But such women can transfer property in her life time. She can also make
will.

Sec – 174:- It deals with such property which women acquired self or from
her father or mother.

60
 Women’s property Succession

Sec – 172:-

Succession in case of women holding interest inherited as widow, mother,

and daughter after she married dies abandon or surrender.

Sec -174: -

Succession to women holding an interest otherwise – from father / mother.

 Right of Women as bhumidhar in UP ZA LR Act is not limited as in

Hindu law.
She can transfer her holding, gift or bequeath (Sec 169).

But if she dies intestates, then her estate devolves not to her heir but to last
heir (male) from which she inherited property.

 If a widow got property and does not transfer it and remarriage, then her
right in property has lost and property devolves in heir the deceased
husband [Sec 172].

 Gita Davi v/s D.D. C. (2005)

Female Bhumidhar. has right to bequest u/s sec.169.

61