A COMPREHENSIVE ANALYSIS OF LAND TRANSFER RESTRICTIONS FOR SC/ST PERSON IN UTTAR PRADESH AND GUJRAT
Gursukhman Deep Singh
Associate
OBJECTIVE AND BACKGROUND:
In India, the land is not merely a commodity but the primary determinant of social status, economic security, and identity. A country where the agriculture’s direct contribution to GDP is in the range of 16-18%, the agricultural land is an important source of income for the farmers.
For members of Scheduled Castes (SCs) and Scheduled Tribes (STs), who have historically faced deprivation, partiality, humility and exploitation, land ownership represents a hard-won entitlement and a means of livelihood.
Transfer of land falls under the State List (List II) of the Seventh Schedule of the Indian Constitution, specifically regarding land management, rights, and agricultural land. Entry 18 reads as- Land, rights in land, land tenures, etc. and Entry 45 reads as- Land revenue. Hence, recognizing the vulnerability of these communities to coercive or exploitative transfers, the State Legislatures have enacted stringent provisions to regulate the alienation of their land holdings.
LAND TRANSFER RESTRICTIONS FOR SC/ST PERSON IN STATE OF UTTAR PRADESH
The transfer of agricultural land by members of Scheduled Castes (SC) in Uttar Pradesh is regulated by the provisions of Uttar Pradesh Revenue Code, 2006 and U.P. Revenue Rules, 2016.
Section 98 of the Uttar Pradesh Revenue Code, 2006 read with Rule 99 of the U.P. Revenue Rules, 2016, establishes a stringent mechanism which requires prior written permission from the District Collector for any transfer by sale, gift, mortgage, or lease to a person not belonging to a SC/ST.
The cornerstone of the land transfer restrictions is Section 98(1) of the U.P. Revenue Code, 2006 which states that no bhumidhar belonging to a scheduled caste shall have the right to transfer, by way of sale, gift, mortgage or lease any land to a person not belonging to a scheduled caste, except with the previous permission of the District Collector in writing.
The proviso attached to Section 98 (1), provides for the exceptions to the main text of the sub-clause and mentions three circumstances where a SC bhumidar/person can transfer his land after taking prior permission of the District Collector. The three exceptions are mentioned below:
- If the SC bhumidhar/person has no surviving heir.
- If the SC bhumidhar/ person has settled or is ordinarily residing in the district other than that in which the land proposed to be transferred.
- The District Collector is satisfied that it is necessary to grant permission for transfer of land.
Another cornerstone of the land transfer restrictions is Rule 99 (8) of the U.P. Revenue Rules 2016, which prescribes the reasons/circumstances where the District Collector may grant permission for such a transfer are as below:
- The tenure holder or any member of his family is suffering from any fatal disease and permission for transfer is necessary to meet out the expenses for the treatment of such disease.
- The applicant is seeking permission for the proposed transfer to purchase any other land from consideration of such proposed transfer.
- The area of land held by the applicant on the date of application does not, after such transfer, reduce to less than 1.26 hectares.
- The consideration for the transfer of the land is not below the amount calculated as per the circle rate fixed by the District Collector (if permission is sought for transfer by sale).
Thus, the proviso to Section 98 (1) and conditions enumerated in Rule 99 (8) of the U.P. Revenue Rules 2016 delineate the specific, exhaustive circumstances under which the District Collector may exercise discretion to permit a transfer. Originally, the section provided three broad grounds, which have been amplified by the Rules.
The conditions mentioned in proviso to Section 98 (1) and conditions enumerated in Rule 99 (8) of the U.P. Revenue Rules 2016 are exhaustive in nature and the District Collector cannot consider any other circumstance while accepting or rejecting the application made to him.
In Ram Prakash Vs. State of U.P. (2017 Supreme (All) 399), wherein the petitioner, a cancer patient, sought permission to sell his land to meet the medical expenses for his treatment. The District Collector rejected the application solely on the ground that the land was already mortgaged to a bank for a loan. Quashing the order, the High Court held that the existence of a mortgage is not a relevant consideration for the District Collector under Section 98 or Rule 99. The provisions are for the benefit of the SC person and preventing a person from selling their land to pay for life-saving treatment would defeat the very purpose of the law. The High Court applied the principle of beneficial construction, stating that the law must aid, not hinder, the landowner in genuine distress.
Section 99 imposes restrictions on transfer by bhumidhars of scheduled tribes and completely prohibits the transfer of any land from any bhumidhar belonging to a scheduled tribe to transfer, by way of sale, gift, mortgage or lease to a person not belonging to a scheduled tribe.
LAND TRANSFER RESTRICTIONS FOR SC/ST PERSON IN STATE OF UTTAR PRADESH
The transfer of land (agricultural as well as non- agricultural) by members of Scheduled Tribes (ST) in Gujrat is regulated by the provisions of Gujarat Land Revenue Code, 1879.
Section 73AA of the Gujarat Land Revenue Code, 1879, establishes a stern mechanism which requires prior written permission from the District Collector for any transfer by sale, gift, mortgage, or lease of land of a person belonging to Scheduled Tribe to any person, i.e., any person not belonging ST and ST as well.
Rule 57 L of the Gujarat Land Revenue Rules, 1972 lists exhaustive circumstances in two parts, i.e. transfer from one tribal to another tribal person and secondly, from one tribal to a non-tribal person, under which the District Collector may exercise discretion to permit a transfer. The District Collector may sanction transfer of occupancy of tribal to any other tribal if the sale is at the market value and any of the following conditions are satisfied:
- The seller is leaving the village permanently for settlement elsewhere.
- The seller is not rendered landless or without means of living.
- The seller is unable to cultivate the land due to old age or physical or mental disability and there is no person in his family to undertake the cultivation of the land.
- The land is being sold for recovery of dues or other dues recoverable as arrears of land revenue.
- The land is being given in gift in bonafide manner by the owner in favor of a member of his family or in accordance with the customs of the tribal people.
- The land is being sold for construction of a house of agricultural laborers and Small and Marginal farmers.
The District Collector may sanction transfer of occupancy of tribal person to any non-tribal person if any of the following conditions are satisfied:
- The land has non-agricultural potential and is required for commercial undertaking/ educational or charitable institution, a cooperative housing society or for such public purposes for bonafide use.
- The transfer is in favor of a person who has been or is likely to be rendered landless on account of compulsory acquisition of his land for any public purpose.
- The land being sold for recovery of dues or other dues recoverable as arrears of land revenue.
- The land is being sold for construction of a house of agricultural laborers and Small and Marginal farmers.
In Jayaben @ Parvatiben Daughter of Dayalbhai Mangalbhai Rathod Vs. State of Gujarat & Ors. (R/CR.MA/5388/2015), where the petitioner belonged to ST community i.e. Adivasi. The land in question is governed by the provisions of section 73AA of the Gujarat Land Revenue Code, 1879. The Gujrat High Court ruled that whenever there is a transfer by a tribal to a non− tribal, the permission from the District Collector is a condition precedent and only after valid permission can the land be transferred by a tribal in favor of a non− tribal. It has been held that Section 73AA of the Gujarat Land Revenue Code, 1870 is a mandatory provision.
CONCLUSION
In conclusion, the land transfer restrictions for SC/ST person in Uttar Pradesh and Gujarat serve as a crucial protective shield, preventing the coercive alienation of their landholdings. While both states mandate prior District Collector permission, the specific grounds for transfer such as ‘medical emergencies or relocation’ reflect a careful balance between protection and genuine necessity. Ultimately, the law aims not to trap landowners, but to ensure their land remains a source of livelihood and security against exploitation.
Kumar Sumit
Senior Associate
Chirag gupta
Associate
