(1) The prescribed authority may, subject to such rules as may be made in this behalf, allot surplus lands as are fit for agriculture and are not retained under sub-section (2) of section 26, in the following order of priority, namely: —
(i) any person who is a member of the Scheduled Tribes and is a landless person;
(") any person who is a member of the Scheduled Castes and is a landless person;
(Hi) any dependent of a member of the Armed Forces of the Union who was killed in action provided that such dependent is a landless person or a small holder and is capable of carrying on personal cultivation;
(iv) any serving member of the Armed Forces of the Union or any ex-Serviceman who, in either case, is a landless person and is capable of carrying on personal cultivation.
Explanation.—For the purpose of this clause "ex-Serviceman" means a person who has been a member of the Armed Forces of the Union but does not include a person who has ceased to be a member of the Armed Forces as a result of his being duly dismissed or discharged after court-martial or on account of bad character or as a result of desertion;
(v) any person who has been rendered landless as a result of grant of occupancy rights to his tenants under section 4;
(vi) any person who has been rendered landless as a result of acquisition of his land for a public purpose;
(vii) any other landless person;
(viii) any person who is a member of the Scheduled Tribes and is a small holder;
(ix) any person who is a member of the Scheduled Castes and is a small holder; and (.%') any other small holder,
(2) Notwithstanding anything contained in sub-section (I), where there is a farming society comprising persons belonging to any category as aforesaid, such society shall be given preference in the matter of allotting land to that category of persons.
(3) The prescribed authority shall not allot to any person land in excess of one-fifths of the ceiling area including any other land possessed by that person:
Provided thai where the allottee is a farming society, only so much limd shall be allotted, which together with the extent of other lands held by its members, shall not exceed in area one-fifths of the ceiling area multiplied by the total number of members of the society.
(4) Suble t to the provisions of sub-section (3), the prescribed authority shall allot land in accordance with such rules as may be prescribed.