(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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] of a person who has lost his wife while in active service in the Armed Forces of the Union.(b)a landless person residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] and belonging to a Scheduled Caste or Scheduled Tribe, other back- I ward class or a person of general category living below poverty j line as determined by the State Government.(d)any other landless agricultural labourer residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.];(e)a landless person residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.], who has not been granted political pension;(g)any Bhumidhar or asami residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] 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 the poverty line as determined by the State Government not residing in the [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] but residing in the Nyaya Panchayat circle referred to in Section 42 of U.P Panchayat Raj Act, 1947.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of this sub-section -(i)'allotment' includes any allotment made under the corresponding provisions of any enactment repealed by this Code;(ii)'[Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.]' means [Gram Panchayat] [Substituted 'Gram Sabha' by U.P. Act No. 4 of 2016, dated 11.3.2016.] as defined under the U.P. Panchayat Raj Act, 1947;(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 Service (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 Service (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 the poverty line" means such persons as may be determined from time to time by the State Government.
