Section 14 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
14. Payment of compensation to under-raiyat ejected by raiyat.
(1)Where any land held by an under-raiyat is permitted to be resumed by the raiyat under Section 13 the raiyat shall pay, in accordance with the provision of subsection (3), such compensation, in addition to the compensation which may be determined under sub-section (2), as is specified in this behalf in the Schedule.(2)(i)An under-raiyat who is ejected from any land under Section 13 shall be entitled to receive in addition to any compensation payable under sub-section.(1), such compensation as may be determined by the Collector in the prescribed manner for any improvement made by him of the land from which he is ejected.(ii)In determining compensation under clause (i) the following matters shall be taken into consideration, namely :-(a)the enhancement of the value of the land due to the improvement;(b)probable duration of the improvement;(c)labour and capital spent by the tenant on the improvement;(d)any advantage allowed to the under raiyat by the raiyat in consideration of the improvement; and(e)any matter which the Collector considers fit.Explanation. - (i) For the purpose of this section, the term "improvement' used with reference to a raiyat's holding shall mean any work which adds to the value of the holding which is suitable to the holding and consistent with the purpose for which it was let and which, if not executed on the holding, is either executed directly for its benefit or is after execution, made directly beneficial to it.(ii)Until the contrary is shown, the following shall be presumed to be improvements within the meaning of this Section;(a)construction of wells, tanks, water channels and other works for the storage, supply or distribution of water for the purposes of agriculture, or for the use of men and cattle employed in agriculture;(b)preparation of land for irrigation;(c)drainage, reclamation from rivers or other waters, or protection from floods or from erosion or other damage by water, or land used for agricultural purposes or waste land which is culturable;(d)reclamation, clearance, enclosure or permanent improvement of land for agricultural purposes;(e)renewal or reconstruction of any of the foregoing works, or alterations therein or additions there to;(f)erection of a suitable dwelling house for the tenant and his family, together with all necessary out-offices; and(g)trees growing on the land for the domestic use of the tenant and his family.(iii)But no work executed by the tenant of a holding shall be deemed to be an improvement for the purposes of this Act if it substantially diminishes the value of the raiyat's property.(3)The entire amount of compensation payable to the under-raiyat under sub-sections (1) and (2) shall be deposited by the raiyat with the Collector to the credit of the under-raiyat in the prescribed manner in one lump sum or in such instalments as may be allowed by the Collector.(4)Notwithstanding anything contained in Section 12 or in Section 13 or in the preceding sub-sections, the raiyat shall not be entitled or permitted to resume the land until the entire amount payable under sub-sections (1) and (2) has been paid in accordance with the provisions of sub-section (3).
