Section 4 in Assam State Acquisition of Zamindaries Act, 1951
4. Consequence of such notification.
(1)Notwithstanding anything contained in any law for the time being in force or in any agreement or contract express or implied, on the publication of the notification referred to in sub-section (1) of section 3, all rights and interests of the proprietor or the tenure-holder named in the said notification in the estate or the tenure, including his interests (i) in land with its sub-soil and mines and minerals, (ii) in forests and fisheries, (iii) in hats, bazars and ferries together with the right to realise tolls from them, (iv) in any building or part of a building used primarily as office or cutcherry for collection of rent, and (v) his rights to realise rent, royalty, cess, fees and tolls in respect of any such interests shall, save as otherwise expressly provided in this Act, cease and shall vest absolutely in the State free from all encumbrances in accordance with the provisions of this Act with effect from the first day of the agricultural year next following the date of the publication of such notification :Provided that no building mentioned in item (iv) of this sub-section, which forms part of any homestead of a proprietor or tenure-holder shall be deemed to vest in the State.(2)Any building used for public purposes such as educational or charitable institutions maintained by the proprietor or tenure-holder shall vest in the State for those charitable or educational purposes subject to payment of compensation of an amount not exceeding one hundred rupees.(3)(a)All arrears of rents, royalties, cesses, fees and other dues together with interest if any which were payable to the proprietor or tenure-holder in respect of such estate or tenure and the recovery of such was not barred by limitation shall cease to be payable to such proprietor or tenure-holder and shall be recoverable by the State in the manner prescribed.(b)If such arrears are payable by any tenure-holder whose tenure has vested in the Government, these shall, without prejudice to any other mode of recovery, be recoverable, if the Deputy Commissioner so orders, by deduction from the compensation money payable under this Act.(c)All arrears of revenue, local rates, cesses and other dues lawfully payable by the proprietor whose estate has vested in the State shall in like manner be recoverable, if the Deputy Commissioner so orders, by deduction from the compensation money without prejudice to any other mode of recovery.(4)No claim or liability enforceable before the date of publication of notification against the proprietor or tenure-holder for any money which is secured by a mortgage or charge on the estate or tenure which has vested in the State, shall be enforceable against his interest in the estate or tenure, but such claims and liabilities shall be enforceable only as provided for in sub-section (6) of section 13 against the compensation money or ad interim payments made under the provisions of this Act.(5)All suits and proceedings and any orders of attachment in respect of such estate or tenure in connection with recovery of any money as mentioned in sub-section (4) which may be pending on the date of vesting shall be dropped and shall cease to be in force.
