Section 8(1) in The Bengal Alienation Of Agricultural Land (Temporary Provisions) Act, 1944.
(1)A proprietor, tenure-holder, raiyat or under-raiyat who is entitled to apply for the restoration of any agricultural land under sub-section (1) of section 4 may, instead of applying for such restoration under that sub-section apply at his option for the conversion of the transfer by sale of such land into a complete usufructuary mortgage and in such case of the proprietor, tenure-holder, raiyat or under-ratyat otherwise complies with the provisions of clauses (a) and (6) of the said sub-section, the Collector shall, first determine the amount which would have been payable by such proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, under the said sub-section if an order under that sub-section for the restoration of such land had been made and, then make an order in writing converting the said transfer by sale into a complete usufructuary mortgage with-(a)in the case of alienation by any of the means referred to in clause (a) of sub-section (2) of section 4, the person in possession of such land as a result of such alienation as the mortgagee, and(b)in all other cases, the transferee as the mortgagee,for a period of ten years or such shorter period as in the circumstances of the particular case is in the opinion of the Collector justified, and the amount so determined by the Collector shall be deemed to be the mortgage debt for the payment of which such mortgage is created.
