Section 13 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
13. Procedure in case of resumption.
(1)Where a raiyat desires to resume under Section 12 any land from his under-raiyat, not having right of occupancy therein he shall, within ninety days of the final publication of the statement under Section 11, send by registered post with acknowledgement due, a notice to the under-raiyat of his intention to resume the required land.(2)(i)The raiyat shall, within sixty days of the service of the notice on the under-raiyat, make an application to the Collector in the prescribed manner for the restoration of the land to him after ejecting the under-raiyat therefrom :Provided that if the raiyat is a person serving in the Army, Navy or Air Force of the Union of India, or a minor or a person suffering from mental or physical disability, he may make the application within two years of the cessation of his service or of his attaining majority or of the cessation of the disability, as the case may be, and where such raiyat has sub-let the land for a term of years, he may make the application within two years of the expiry of the term.(ii)The application shall be accompanied with a notice in the prescribed form in triplicate and with the prescribed fee for service of the notice on the under-raiyat.(3)On receipt of such application the Collector shall cause the notice to be served on the under-raiyat and after giving the parties a reasonable opportunity of being heard and adducing evidence and after making such enquiry as he considers necessary, decide whether the raiyat is entitled to resume for personal cultivation of the land in respect of which the application is made or any portion thereof, and if so, which particular piece of land the raiyat may resume on payment of compensation in accordance with the provisions of Section 14. [In so far as such action is not inconsistent with the provision of this Act and all proceedings pending before the commencement of this Act shall be continued or modified or brought in consonance with the provisions of the said Act as amendment by this Act.] [Substituted by Act 22 of 1976.](4)The order of the Collector under sub-section (3) shall be in writing and shall state the ground on which it is made and where the application is allowed in whole or in the part, it shall direct that the order shall take effect from the 15th day of May, of the year next following the date of the order.(5)If the under-raiyat or his legal representative refuses or fails to put the raiyat in possession of the land in accordance with the order of the Collector under sub-section (3) the Collector shall, on application of the raiyat made within the prescribed period and subject to any order on appeal or revision, eject the under-raiyat or his legal representative, as the case may be, and put the land holder in possession of the land and may, for that purpose, use such force as may be necessary.(6)If the raiyat fails to bring the land under personal cultivation the land restored to him under sub-section (5) within one year of the restoration, the Collector shall, either on application made by the ejected under-raiyat or of his own motion, restore the land to the possession of the under-raiyat and thereupon the provisions of Section 21 shall apply thereto.
