Land Laws

HISTORY OF CLASSES OF TENURE HOLDER

Raghvendra Kumar Chaudhary

Guest Faculty
Faculty of Law
University of Lucknow
Lucknow

` Email: raghvendra.clc@gmail.com

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PRIOR TO THE U.P. ZAMINDARSI ABOLITION AND LAND REFORMS
ACT, 1950

Prior to the U.P. Zamindari Abolition and Land Reforms Act, 1950 there were the
following 14 types of ambiguous and complex system of holdings:

1. Fixed rate tenant

2. Ex-proprietary tenant
3. Tenants with special conditions in Awadh
4. Hereditary tenant
5. Occupancy tenant
6. Non-occupancy tenant
7. Grove holder
8. Rent free grantee
9. Grantee with concessional rent
10. Sir
11. Sub-tenant
12. Occupant
13. Guzaredar holding lands in lieu of maintenance allowance
14. Mortgagee of holding

The above classification of different tenures was a very complex system having
different and overlapping rights and interests to each other. Not only this, their
succession provisions were also not uniform, as the succession of tenancy-holding
was governed by personal law and other matters were governed by the Tenancy Act,
1939. The governing law of tenancy was also different from province to province, i.e.
Awadh province, Gwalior province, Agra province, etc.

UNDER THE U.P. ZAMINDARI ABOLITION AND LAND REFORMS

ACT, 1950
There was a need for simple and uniform land tenures in place of the above complex
and ambiguous holdings. Therefore, all the above tenure-holdings were abolished by

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the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950; and all the
tenure-holders were divided into the following four types, namely:
1. bhumidhar,

2. sirdar,

3. asami, and

4. adhivasi.
The landholders having superior rights or having transferable rights were
made bhumidhar. Those having no transferable rights were called sirdar and
landholders of non-stable and temporary agriculture were called asami.
There were some special type of holders having no permanent rights in the
holding and having possession of holding only on the mercy of land holders, such
type of holders were in majority having factual possession of tenures. In order to
protect the interest of such holders, they were made adhivasi. All the rest of the
tenures were included under adhivasi. Adhivasi were superior to asami but inferior to
sirdar.

UNDER THE U.P. REVENUE CODE, 2006

Under the Revenue Code of 2006, the same position as existed in 1986 has been
incorporated under Section 74 of the Code. This section provides that there shall be
the following classes of tenure-holders, namely:

1. bhumidhar with transferable rights-Section 75

2. bhumidhar with non-transferable rights-Section 76
3. asami-Section 78 and
4. government lessee - Section 147

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 1. CLASSES OF TENURES [S. 74]

S. 74. Classes of tenures.- There shall be following classes of tenure holders, namely-

a) Bhumidhar with transferable rights;

(6) Bhumidhar with non-transferable rights;

(c) Asami; and

(d) Government lessee.

The central theme of the Act deals with land tenures, classes of tenures, classification
of tenure-holders, their interest in the holding and transfer, surrender, division and
devolution of interests, further assessment of land revenue and collection thereof.
Chapter IX of the Code contains provisions as to classes of tenures, transfer,
surrender, abandonment and devolution of interests, etc. Section 74 contains
provisions as to classes of tenures.

2. BHUMIDHAR WITH TRANSFERABLE RIGHTS [5.75]

S. 75. Bhumidhar with transferable rights.- Every person belonging to any of the
following classes, shall be called bhumidhar with transferable rights and shall have all
the rights and be subject to all the liabilities conferred or imposed upon such
bhumidhar by or under this Code, namely imposed upon such bhumidhar by or
under this Code, namely-
(a) every person who was a bhumidhar with transferable rights immediately
before the date of commencement of this Code;
(b) every person who in any other manner acquires, on or after the said date,
the rights of such a bhumidhar under or in accordance with the provisions of
this Code or under any other law for the time being in force.

Bhumidhar with transferable rights is a superior type of tenure-holder. He is superior

than bhumidhar with non-transferable rights and an asami. His rights are permanent,
transferable and heritable.

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Section 75 provides that the following two types of persons shall be bhumidhar with
transferable rights:

1. all the persons who were bhumidhar with transferable rights immediately
before commencement of the Code, i.e. 11 February 2016, and

2. every person who became bhumidhar with transferable rights on or after the
said date in the manner prescribed under the Code.

Subject to the provisions of Section 76(2) and (3), the following types of bhumidhar
with non-transferable rights shall become bhumidhar with transferable rights on the
commencement of the Code:
1. every person who had been a bhumidhar with non-transferable rights
immediately before the commencement of this Code and had been such
bhumidhar for a period of five years or more, and
2. every person who was a bhumidhar with non-transferable rights on the
commencement of the Code under sub-sections (1) and (2) of Section 76 or
had become bhumidhar with non-transferable rights after such commencement
shall become bhumidhar with transferable rights after expiry of five years
from his becoming bhumidhar with non-transferable rights.

RIGHTS OF BHUMIDHAR WITH TRANSFERABLE RIGHTS

1. Right to exclusive possession and use of land-Section 79

“Any purpose whatsoever”
The expression any “any purpose whatsoever” means such bhumidhar
can use his land not only for agriculture, animal husbandry, fisheries, dairies,
but for any other purposes such as establishing an industry or construction of
building for residence, school, shops, etc,; it also includes to keep the land
fallow. So, a bhumidhar with transferable rights may also use his land for any
industrial, commercial or residential purposes.

2. Right to declaration – section 80

Section 80 of the Code simply provides that if a bhumidhar with transferable

right is using his holding or its part thereof for industrial, commercial or

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 residential purposes, he may get a declaration of the same to the effect that, his
holding is being used for industrial, commercial or residential purposes. The
provision given in Section 80 is not of the nature of “pre-permission” or
“prospective declaration” but is of the nature of post declaration. It means if a
bhumidhar with transferable right desires to do any non-agricultural work or
activity on his holding or part thereof, no prior permission or declaration is
required to start such work. After using his holding for any non-agricultural
work or activity, if he desires to get the declaration of his non-agricultural
work or activity on his holding or part thereof, he may get the declaration
under Section 80 of the Code.

Who shall make declaration?

Declaration of the fact that land is not being used for agriculture is to be made
by the Sub-Divisional Officer, i.e. the Assistant Collector in charge of the Sub-
Division. The Sub-Divisional Officer, suo motu or on the appli cation of
bhumidhar with transferable rights, followed by an enquiry in the manner
prescribed, either shall make declaration that the land is being used for the
purposes not connected with agriculture or reject the application.

3. Right to transfer – Section. 88

The interest of bhumidhar with transferable rights shall be transferable. It

means any bhumidhar may transfer his interest by way of sale, gift, lease or
any disposition. But such transfer must be subject to the provisions of this
Code. Thus, the right of such bhumidhar to transfer his interest is not an
absolute right. The right of bhumidhar to transfer his interest is subject to the
following restrictions:

 Holding shall not exceed 12.5 acres [S. 89(2)]

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 become, as a result of such acquisition,
entitled to land which together with the land, if any, held by such
transferee and if the transferee is a natural person also together with the
land held by his family, if any, exceed 5.0586 hectares (12.5 acres).

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 This provision simply enunciates that any bhumidhar cannot possess
land more than 5.0586 hectares by way of purchases or gift. Where
such transferee is a natural person, then the acquisition of land held by
his family shall not exceed 5.0586 hectares.

 EXCEPTION TO CEILING OF 12.5 ACRE

Sub-section (3) of Section 89 provides exception to Section 89(2)
under which the State Government may authorise acquisition of land
more than 12.5 acres, if the acquisition is for charitable or industrial
purpose or it is in favour of a registered society or any company or
other corporation or educational institution or a charitable institution
where such acquisition is for public interest. In such cases provisions
of the U.P. Imposition of Ceiling on Land Holdings Act, 1960 shall not
apply.

4. Right to Mortgage- [S.91]

 Limited rights given to the bhumidhar with transferable right.

 Only Simple mortgage is allowed.

5. Right to Lease in certain cases- [S.94]

 Limited right available as per section 95 & 96

 Only disable person can give but at a time not more than three year.

6. Right to exchange- [S.101]

 Any bhumidhar with prior permission in writing of the sub-divisional

Officer exchange his land with land held by another bhumidhar; or
entrusted or deemed to be entrusted to any gram Panchayat or a local
authority under section 59

7. Right to bequeath his interest by will- [S.107]

 A bhumidhar with transferable rights may bequeath his interest in any

holding by will.

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  In relation to bhumidhar with transferable rights belonging to a SC or
ST, the provisions of section 98 and 99 shall apply to the making of
bequests as they apply to transfer during lifetime.

8. Right to sue for division- [S.116]

9. Right to Surrender- [S.118]

 A bhumidhar may surrender his interest in any holding or any part

thereof by giving an application in writing to the Tehsildar intimating
his intention to do so and by giving up possession thereof to him
whether or not such holding is let.

10. Right for non-ejectment – [S.130]

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