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State of Bihar - Section

Section 21 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

21. Under-raiyat within the ceiling area of raiyat to acquire status of raiyat.

(1)Subject to the other provisions of this Act, every under-raiyat of a raiyat, holding land in excess of the ceiling area on the date of commencement of this Act, shall, in respect of land not resumed under Section 13, be deemed to have acquired the status of an occupancy raiyat if no application for resumption is made within the period specified in sub-section (2) of Section 13, on the expiry of the said period, and where such an application has been made, on the date the application is finally rejected and the right, title and interest of the raiyat in such land shall be deemed to have been extinguished with effect from the date of such expiry or rejection, as the case may be:Provided that notwithstanding the acquisition of such status, he shall not have the right to transfer the land until the entire amount of compensation payable under clause (ii) of sub-section (2) has been paid.
(2)
(i)The land in respect of which the under-raiyat is deemed to have acquired the status of an occupancy raiyat under sub-section (1) shall, for the purpose of payment of compensation to the raiyat, under whom he held it, be deemed to have been acquired by the State Government under this Act.
(ii)The under-raiyat shall pay to the State Government on account of the acquisition of the status of an occupancy raiyat in the land under sub-section (1), such amount as if specified in this behalf in the Schedule.
(iii)The amount payable by the under-raiyat to the State Government under clause (ii) shall be a charge on the land and shall take priority over all other claims on the land.