Section 122C in The U.P. Zamindari Abolition and Land Reforms Act, 1950
122C. Allotment of land for housing site for members of Scheduled Castes, agricultural labourers, etc.
(1)The Assistant Collector in charge of the sub-division on his own motion or on the resolution, of the Land Management Committee, may earmark any of the following classes of land for the provision of abadi sites for 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 (w.e.f. 23.08.2004).] and agricultural labourers and village artisans-(a)lands referred to in clause (i) of sub-section (1) of Section 117 and vested in the Gaon Sabha under that section;(b)lands coming into possession of the Land Management Committee under Section 194 or under any other provisions of this Act;(c)any other land which is deemed to be or becomes vacant under Section 13, Section 14, Section 163, Section 186, or Section 211;(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 other public purposes under that Act is available, then any part of the land so available.(2)Notwithstanding anything in Sections 122-A, 195, 196, 197 and 198 of this Act, or in Sections 4, 15, 16, 28-B and 34 of the United Provinces Panchayat Raj Act, 1947, the Land Management Committee may with the previous approval of the Assistant Collector in charge of the sub-division allot for purposes of building of houses, to persons referred to in sub-section (3)-(a)any land earmarked under sub-section (1);(b)any land earmarked for the extension of abadi sites for Harijans under the provisions of the U.P. Consolidation of Holdings Act, 1953;(c)any abadi site referred to in clause (iv) of sub-section (1) of Section 117 and vested in the Gaon Sabha;(d)any land acquired for the said purposes under the Land Acquisition Act, 1894.(3)The following order of preference shall be observed in making allotments under sub-section (2)-(i)[ an agricultural labourer or a village artisan residing in Gram Sabha and belonging to any of the following categories in the order of preference:- [Substituted by U.P. Act No. 38 of 2007 (w.e.f. 31.07.2007).](a)persons belonging to the Scheduled Castes and the Scheduled Tribes;(b)persons belonging to Other Backward Classes;(c)persons belonging to the general category living below poverty line.];(ii)any other agricultural labourer or village artisan residing in the village;(iii)[ any other person residing in the Gram Sabha and belonging to any of the following categories in the order of preference:- [Substituted by U.P. Act No. 38 of 2007 (w.e.f. 31.07.2007).](a)persons belonging to the Scheduled Castes or the Scheduled Tribes;(b)persons belonging to Other Backward Classes;(c)persons belonging to the general category living below poverty line.];(iv)[ a person with disability residing in the village.] [Inserted by ibid.]Explanation I. - The expression "agricultural labourer" shall have the same meaning as in Section 198.[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.] [Substituted by U.P. Act No. 35 of 1976.][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 & Rights and Full Participation) Act, 1995 (Act No. 1 of 1996)] [Inserted by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).].Explanation [IV]. [Renumbered by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).] - 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] [Inserted by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).],(4)If the Assistant Collector-in-charge of the sub-division is satisfied that the Land Management Committee has failed to discharge its duties or to perform its functions under sub-section (2) or it is otherwise necessary or expedient so to do, he may himself allot such land in accordance with the provisions of subsection (3).(5)Any land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed.(6)The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land under this section inquire in the manner prescribed into such allotment, and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.(7)Every order passed by the Assistant Collector under sub-section (4) shall, subject to the provisions of sub-section (6) and every order passed by the Collector under sub-section (6) shall be final, and the provisions of [Section 333 and Section 333-A] [Substituted by U.P. Act No. 24 of 1986.] shall not apply in relation thereto.(8)[ * * * ] [Omitted by U.P. Act No. 24 of 1986.](9)[ In Rule 115-L of the U.P. Zamindari Abolition and Land Reforms Rules, 1952, sub-rule (2) shall be deemed always to have been omitted.] [Inserted by U.P. Act No. 35 of 1976]
