Section 198 in The U.P. Zamindari Abolition and Land Reforms Act, 1950
198. Order of preference in admitting persons to land under Sections 195 and 197.
(1)In the admission of persons to land as [bhumidhar with non-transferable rights] [Substituted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] or asami under Section 195 or Section 197 (hereinafter in this section referred to as allotment of land) the Land Management Committee shall, subject to any order made by a Court under Section 178 observe the following order of preference :(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;] [Substituted by U.P Act No. 30 of 1975.](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 any one of the following categories in the order of preference:- [Substituted by U.P Act No. 38 of 2007 (w.e.f. 31.07.2007).](i)persons belonging to the Scheduled Castes or the Scheduled Tribes;(ii)persons belonging to Other Backward Classes;(iii)persons belonging to the general category living below poverty line.];(d)any other landless agricultural labourer residing in the circle;(e)a bhumidhar [* * *] [Word 'sirdar' omitted by U.P. Act No. 6 of 1978 (w.e.f 2101.1978).] 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; and(h)[ any other landless agricultural labourer, not residing in the circle, but residing in the Nyaya Panchayat circle referred to in Section 42 of the United Provinces Panchayat Raj Act, 1947 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).](i)persons belonging to the Scheduled Castes or the Scheduled Tribes;(ii)persons belonging to Other Backward Classes;(iii)persons belonging to the general category living below poverty line.]Explanation. - For the purposes of this sub-section-(1)'landless' refers to a person who or whose spouse or minor children hold no land as bhumidhar, [* * *] [Omitted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] or asami and [* * *] [Omitted by U.P. Act No. 30 of 1975.] also held no land as such within two years immediately preceding the date of allotment; and(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 undertrial; 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-Khand or who was a recognised member of the Indian National Army or former India Independence League; but does not include a person who was granted pardon on account of his tendering apology or expressing regret for such participation.(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 (w.e.f. 23.08.2004).](5)'Persons of General Category living below poverty line' means such persons as may be determined from time to time by the State Government.](2)[ * * *] [Omitted by U.P. Act No. 30 of 1975.](3)[The land that may be allotted under sub-section (1) shall not exceed-(i)in the case of a person falling under Clause (e) such area as together with the land held by him as bhumidhar [* * *] or asami immediately before the allotment would aggregate to 1.26 hectares (3.125 acres);(ii)in any other case, an area of 1.26 hectares (3.125 acres)].(4)[ The [Collector] [Substituted by U.P. Act No. 20 of 1982 (w.e.f. 18.08.1980).] may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any.[(4-A) [* * *] [Omitted by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).](5)No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives :Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector or any other Court or authority on August 18, 1980.(6)Every notice to show' cause mentioned in sub-section (5) may be issued-(a)in the case of an allotment of land made before November 10, 1980, (hereinafter referred to as the said date), before the expiry of a period of [seven years] [Substituted by U.P. Act No. 24 of 1986 and shall be deemed always to have been substituted.] from the said date; and(b)in the case of an allotment of land made on or after the said date, before the expiry of a period of [five years from the date of such allotment or lease or up to November 10, 1987, which ever be later] [Ibid.].(7)Where the allotment or lease of any land is cancelled under sub-section (4) the following consequences shall ensue, namely-(i)the right, title and interest of the allottee or lessee or any other person claiming through him in such land shall case and the land shall revert to the Gaon Sabha;(ii)the [Collector] [Substituted by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).] may direct delivery of possession of such land forthwith to the Gaon Sabha after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary.(8)[ Every order made by the Collector under sub-section (4) shall, subject to the provisions of Section 333, be final.] [Substituted by U.P. Act No. 27 of 2004 (w.e.f. 23.08.2004).](9)Where any person has been admitted to any land specified in Section 132 as a sirdar or bhumidhar with non-transferable rights at any time before the said date and such admission was made with the previous approval of the Assistant Collector-in-charge of the sub-division in respect of the permissible area mentioned in sub-section (3), then notwithstanding anything contained in other provisions of this Act or in the terms and conditions of the allotment or lease under which such person was admitted to that land, the following consequences shall, with effect from the said date ensure, namely-(a)the allottee or lessee shall be deemed to be an asami of such land and shall be deemed to be holding the same from year to year and the allotment or lease of the land to the extent mentioned above shall not be deemed to be irregular for the purposes of sub-section (4);(b)the proceedings, if any, pending on the said date before the Collector or any other Court or authority for the cancellation of the allotment or lease of such land, shall abate.]
