Section 12 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
12. Raiyat may resume land from under-raiyat.
- If within the ceiling area, as specified in the statement finally published under Section 11, of any raiyat, who held land in excess of the ceiling area on the date of the commencement of this Act, there be any land in possession of a non occupancy under raiyat the raiyat shall subject to the other provisions of this Act, be entitled to resume for personal cultivation, in the manner prescribed in Section 13, any such land :Provided that if the total area of all under-raiyat land which the under-raiyat holds under that raiyat and all other lands, if any, held by him as a raiyat anywhere in the State, is ten acres or more, the area resumable by that raiyat shall not exceed such limit as to leave less than five acres of land to the under-raiyat, and if such total area is less than ten acres the area resumable shall not exceed half of such total area:Provided further that the under-raiyat shall, at his option, be entitled to retain one acre in all including his raiyati land besides his homestead or the entire area of such land held by him if it is less than one acre.
