(1) In the admission of any person to land as bhumidhar with non-transferable rights or as asami under section 125, hereinafter in this Chapter referred to as allotment of land, the Bhumi Prabandhak Samiti shall observe the following order of preference:-
(a) A landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a person who has lost his life while in active service in the Armed Forces of the Union;
(b) A landless person residing in the Gram Sabha who has become wholly disabled while in active service in the Armed Forces of the Union;
(c) A landless agricultural labourer residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government;
(d) Any other landless agricultural labourer residing in the Gram Sabha;
(e) A landless person residing in the Gram Sabha who has retired or been released or discharged from service in the Armed Forces of the Union, otherwise than as an officer;
(f) A landless freedom fighter residing in the Gram Sabha, who has not been granted political pension;
(g) Any bhumidhar or asami residing in the Gram Sabha and holding land less than 1.26 hectares;
(h) Any other landless agricultural labourer belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government not residing in the Gram Sabha but residing in the Nyaya Panchayat circle referred to in section 42 of Uttar Pradesh Panchayat Raj Act, 1947.
1 [ Provided that preference shall be given to widow and physically disabled persons. ]
Explanation.- For the purposes of this sub-section-
(i) allotment includes any allotment made under the corresponding provisions of any enactment repealed by this Code;
(ii) (deleted);
(iii) a person shall be deemed to be landless if he or his spouse or their minor children, and where the allottee is himself a minor, then his parents hold no land on the date of allotment or within two years immediately preceding the said date;
(iv) the expression freedom fighter means a person so defined in the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Serviceman) Act, 1993;
(v) " other backward class " means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994);
(vi) " person of general category living below poverty line " means such persons as may be determined from time to time by the State Government.
(2) The land that may be allotted under sub-section (1) shall not exceed such area as together with the land held by him as bhumidhar or asami immediately before the allotment would aggregate to 1.26 hectares.
(a) A landless widow, sons, unmarried daughters or parents residing in the Gram Sabha of a person who has lost his life while in active service in the Armed Forces of the Union;
(b) A landless person residing in the Gram Sabha who has become wholly disabled while in active service in the Armed Forces of the Union;
(c) A landless agricultural labourer residing in the Gram Sabha and belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government;
(d) Any other landless agricultural labourer residing in the Gram Sabha;
(e) A landless person residing in the Gram Sabha who has retired or been released or discharged from service in the Armed Forces of the Union, otherwise than as an officer;
(f) A landless freedom fighter residing in the Gram Sabha, who has not been granted political pension;
(g) Any bhumidhar or asami residing in the Gram Sabha and holding land less than 1.26 hectares;
(h) Any other landless agricultural labourer belonging to a scheduled caste or scheduled tribe, other backward class or a person of general category living below poverty line as determined by the State Government not residing in the Gram Sabha but residing in the Nyaya Panchayat circle referred to in section 42 of Uttar Pradesh Panchayat Raj Act, 1947.
1 [ Provided that preference shall be given to widow and physically disabled persons. ]
Explanation.- For the purposes of this sub-section-
(i) allotment includes any allotment made under the corresponding provisions of any enactment repealed by this Code;
(ii) (deleted);
(iii) a person shall be deemed to be landless if he or his spouse or their minor children, and where the allottee is himself a minor, then his parents hold no land on the date of allotment or within two years immediately preceding the said date;
(iv) the expression freedom fighter means a person so defined in the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Serviceman) Act, 1993;
(v) " other backward class " means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (U.P. Act No.4 of 1994);
(vi) " person of general category living below poverty line " means such persons as may be determined from time to time by the State Government.
(2) The land that may be allotted under sub-section (1) shall not exceed such area as together with the land held by him as bhumidhar or asami immediately before the allotment would aggregate to 1.26 hectares.
1. Proviso Ins. by U.P. Act No. 28 of 2020, Sec 12