Section 47 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
47. Allotment of land for housing site for members of Scheduled castes, agricultural labourers, etc. [Section 122-C and Rule 115-L, U.P.Z.A. & L.R. Act and the Rules].
(1)Land earmarked for extension of abadi for harijans. - The Assistant Collector-in-charge of the sub-division may, wherever land earmarked for the extension of abadi for Harijans under the provisions of the U. P. Consolidation of Holdings Act, 1953 and any other land of abadi site vested in Gram Sabha is insufficient to meet the housing requirements of the members of the Scheduled Castes and [the Scheduled Tribes and the other backward classes and the persons of general category living below poverty line] [Substituted by U.P. Act No. 27 of 2004, Section 3 (a), for the words 'the Scheduled tribes'.] and agricultural labourers and village artisans of his own motion or on the resolution of the Bhumi Prabandhak Samiti, earmark the following classes of land for the provisions of abadi sites :(a)lands referred to in clause (i) of sub-section (1) of Section 117, U.P.Z.A. & L.R. Act and vested in the Gram Sabha under that Section,(b)lands coming into possession of the Bhumi Prabandhak Samiti under Section 194 or under any other provision of U.P.Z.A. & L.R. Act;(c)any other land which is deemed to be or becomes vacant under Section 13, Section 144, Section 163, Section 186 or Section 211 of the above Act,(d)where the land earmarked for the extension of abadi and reserved as abadi site for Harijans under the U. P. Consolidation of Holdings Act, 1953 is considered by him to be insufficient, and land earmarked for the other public purposes under that Act is available, then any part of the land so available.(2)List of extracts before allotting house sites [Rule 115-L (3), U.P.Z.A. & L.R. Rules]. - Before allotting house sites to persons referred to in sub-section (3) of Section 122-C of the Z.A. & L.R. Act the Collector shall, in respect of each village, caused to be prepared the following lists and extracts-(a)a list in Z. A. Form 49-D showing separately particulars of persons of the three categories mentioned in sub-section (3) of Section 122-C of U.P.Z.A. & L.R. Act;(b)a list in Z. A. Form 49-E of lands enumerated in sub-section (2) of Section 122-C mentioned above; and(c)an extract of village map showing the plots given in the above list.A copy of each of the lists and extracts shall be given to the Bhumi Prabandnak Samiti concerned.(3)Order of preference in making allotment [Section 122-C (3), U.P. Z.A. & L.R. Act]. - The following order of preference shall be observed for the allotment of the aforesaid housing sites (the land included in the list in Z. A. Form 49-E)-(i)an agricultural labourer or village artisan residing in the village and belonging to a Scheduled Caste or [Scheduled Tribe or other backward classes or a person of general category living below poverty line] [Substituted by U.P. Act No. 27 of 2004, Section 3 (b) (i), for the words 'Scheduled tribes'.],(ii)any other agricultural labourer or village artisan residing in the village;(iii)any other person residing in the village and belonging to a Scheduled Caste or ^Scheduled Tribe or other backward classes or a person of general category living below poverty line],(iv)[ a person with disability residing in the village] [Clause (d) inserted by U.P. Act No. 27 of 2004, Section 3 (b) (ii).].Explanation I. - The expression "agricultural labourer" means a person whose main source of livelihood is agriculture labourer. [See Explanation (2) to sub-section (1) of Section 198, U.P.Z.A. & L.R. Act which defines the "agricultural labourer"].Explanation II. - The expression "village artisan" means a person who does not hold any agricultural land and whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and includes a carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barber, washerman, cobbler or any other person who normally earns his livelihood by practising a craft either by his own labour or by the labour of any member of his family in any rural area :Provided that no person shall be deemed to be a village artisan whose total income (including income of his or her spouse and minor children) exceeds two thousand four hundred rupees in a year.[Explanation III. - The expression "person with disability" shall mean a person with any disabilities mentioned in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996).] [The Explanation III inserted by U.P. Act No. 27 of 2004, Section 3(b)(iii).][Explanation IV. - Preference shall be given to a person who either holds no house or has insufficient housing accommodation considering the requirements of his family.[Explanation V. - The expression "persons of general category living below poverty line" shall have the same meaning as in Section 198 of U.P.Z.A. & L.R. Act.] [The 'Explanation III' renumbered as 'Explanation IV' by U.P. Act No. 27 of 2004, Section 3(b)(iii).]B-Other Abadi Sites
