Section 34 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
34.
(1)Admission to land [Rule 173, U.P.Z.A. & L.R. Rules].- Whenever the Bhumi Prabandhak Samiti intends to admit any person to land under Section 195 or 197 of U.P.Z.A. & L.R. Act, it shall announce by beat of drum in the circle of the Gram Sabha, in which the land is situate at least seven days before the date of meeting for admission of land, the number of plots, their areas and the date on which admission thereto is to be made.(2)To select person for admission to land [Rule 174, U.P.Z.A. & L.R. Rules]. - On the said date, a meeting of the Samiti shall be held to select persons for admission to land as sirdar or asami, as the case may be. A list of all the persons who are present and who express their desire to be admitted to the land shall be prepared in Z. A. Form 57-A. The list shall be drawn up separately in respect of the land to be settled to a sirdar and land to be settled to an asami. The names of the persons shall be arranged in the list in the following order of preference laid down in Section 198 of the U.P.Z.A. & L.R. Act as below :(a)landless widow, sons, unmarried daughters or parents residing in the circle of a person who has lost his life by enemy action while in active service in the Armed Forces of the Union;(b)a person residing in the circle, who has become wholly disabled by enemy action while in active service in the Armed Forces of the Union;(c)a landless agricultural labourer residing in the circle and belonging to a [Scheduled Caste or Scheduled Tribe, other backward class or a person of general category living below poverty line] [Substituted by U.P. Act No. 27 of 2004, Section 10 (a) (i) for the words 'Scheduled Caste or Scheduled tribe.'];(d)any other landless agricultural labourer residing in the circle;(e)a bhumidhar or asami residing in the circle and holding land less than 1.26 hectares (3.125 acres);(f)a landless person residing in the circle who is retired, released or discharged from service other than service as an officer in the Armed Forces of the Union;(g)a landless freedom fighter residing in the circle who has not been granted political pension;(h)any other landless agricultural labourer belonging to [Scheduled Caste, Scheduled Tribe, other backward class or a person of general category living below poverty line] [Substituted by U.P. Act No. 27 of 2004, Section 10(a) (i), for the words 'a Scheduled Caste or Scheduled tribe'.], not residing in the circle but residing in the Nyaya Panchayat Circle referred to in Section 42 of the U.P. Panchayat Raj Act, 1947.Explanation. - For the purposes of this sub-para-(1)"landless" refers to a person who or whose spouse or minor children hold no land as bhumidhar, or asami, and also hold no land as such within two years immediately preceding the date of allotment;(2)"agricultural labourer" means a person whose main source of livelihood is agricultural labour;(3)"Freedom-Fighter" means an inhabitant of Uttar Pradesh who is certified by the Collector to have participated in the national struggle for freedom during the period between 1930 and 1947 and who, in connection with such participation, is similarly certified to have-(a)undergone a sentence of imprisonment for a period of at least two months ; or(b)been in jail for a period of at least three months by way of preventive detention or as an under trial; or(c)been subjected to at least ten stripes in execution of a sentence of whipping; or(d)been declared an absconding offender; or(e)suffered a bullet injury;and includes a person who was involved in the Peshawar-Kand or who was recognised members of the Indian National Army or former Indian Independence League; but does not include a person who was granted pardon on account of his tendering apology or expressing regret for such participation; and(4)[ "other backward classes" 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); [Inserted by U.P. Act No. 27 of 2004, Section, 10(ii).](5)"persons of general category living below poverty line" means such persons as may be determined from time to time by the State Government.]
