Section 8 in Assam State Acquisition of Zamindaries Act, 1951
8. Transitional provision.
(1)The Deputy Commissioner shall take over charge of any estate or tenure vested in the State :Provided that nothing contained in this section or in any other provision of this Act shall be deemed to authorize the Deputy Commissioner to take charge of any religious institution or any building connected therewith.(2)The Deputy Commissioner may eject a mortgagee, a lessee or any other persons who may be in possession of the whole part of any such estate or tenure or any buildings vested in the State, and may take whatever steps that may be necessary for ejecting such person or preventing any breach of the peace : provided that the ejectment shall be preceded by notice served in the manner prescribed.(3)The estates together with the tenures comprised within the estates shall, either singly or in groups, as found suitable, be administered by a manager appointed by the State Government as if it or these were estates managed under the Court of Wards Act (Bengal Act IX of 1879), or any other Act for the time being in force for the management of such estates until such time as the estates are finally surveyed and resettled as temporarily-settled under the provisions of section 9 below.(4)The manager shall be directly under the general supervision of the Deputy Commissioner and shall carry out any directions which may, by general or special order, be issued from time to time by the State Government.(5)After the date of vesting until such time as the estates are finally settled as temporarily-settled estates under the provisions of the Assam Land and Revenue Regulation, 1886 (Regulation I of 1886), or the Assam Land Revenue Re-assessment Act, 1936 (Assam Act VIII of 1936),-(a)The land revenue realisable from the raiyat shall not exceed the rent which was payable by such raiyat to the proprietor or the tenure-holder as the case may be, immediately before the date of publication of notification under section 3, and.(b)In respect of any land newly brought under cultivation or newly occupied in any other manner, after the date of publication of the notification under section 3, or in respect of any lands which the proprietor or the tenure-holder is entitled to retain possession of under the provisions of section 6, the land revenue payable shall, as far as possible, be at the same rate as is application to similar lands with similar advantages in the neighbourhood.(6)The Deputy Commissioner may, with previous sanction of the State Government, refuse to recognise any new settlement, lease or transfer effected after the 1st day of January, 1946, in respect of any lands, or buildings used as office or cutcherry for collection of rent, comprised in any such estate or tenure as vests in the State under section 3, and may eject any person who may be possession of them and take possession of the same on any terms which to him appear just and reasonable if, after making necessary enquiry as deemed fit, and after giving reasonable opportunity of being heard, he is satisfied that such settlement, lease or transfer was effected with a view to defeating or evading any provisions of this Act, or obtaining higher compensation thereunder.(7)An appeal, if preferred within 60 days, shall lie to the High Court of Assam in the exercise of revenue jurisdiction against any order of the Deputy Commissioner passed under sub-section (6) of section 8.
