Section 8 in The Bengal Alienation Of Agricultural Land (Temporary Provisions) Act, 1944.
8. Optional conversion of transfer by sale of land into complete usufructuary mortgage. -
(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.(2)When the Collector makes an order under sub-section (1) converting a transfer by sale into a complete usufructuary mortgage for a period specified by him, the right, title and interest in the agricultural land accruing to the transferee as a result of the transfer shall, with effect from the date of such order, be deemed to have vested in such proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, subject to such complete usufructuary mortgage and free from all other encumbrances, if any, created after the date of the transfer and the liability for the payment of any amount referred to in sub-section (1) shall be deemed to be extinguished on the expiry of the said period.(3)When the Collector makes an order under sub-section (1) converting a transfer by sale into a complete usufructuary mortgage for a period specified by him, such complete usufructuary mortgage may notwithstanding anything contained in sub-section (2) by redeemed at any time before the expiry of such period.(4)On the expiry of the period of the mortgage or on the redemption of the mortgage before the expiry of such period under sub-section (3), if the mortgagee does not yield possession of the mortgaged land to the proprietor, tenure-holder, raiyat or under-raiyat, as the case may be, the Collector may of his own motion, and shall on the application of such proprietor, tenure-holder, raiyat or under-raivat, eject the mortgagee and place, such proprietor, tenure-holder, raiyat, or under-ratyaf, as the case may be, in possession of such land.
