(1)Any occupancy tenant may, by executing in favour of the bhumiswami not less than thirty days before the commencement of the agricultural year a registered document, surrender his rights and thereupon he shall cease to be an occupancy tenant from the agricultural year next following such date. No surrender shall be valid unless effected by a registered instrument.(2)Notwithstanding anything to the contrary in the Indian Stamps Act, 1899 (II of 1899), or the Indian Registration Act, 1908 (XVI of 1908), instruments of surrender executed by occupancy tenants in pursuance of the provisions of this section, shall be exempted from payment of stamp duty and registration fee chargeable thereon.(3)On a surrender being executed under sub-section (1), a bhumiswami shall be entitled to take possession of land only to the extent of his right of resumption under Section 189 and the excess land, if any, shall vest in the State Government and the bhumiswami shall be paid compensation for such excess land, which shall be equal to two times the rent payable therefor under Section 188.(4)Where any land vests in the State Government under sub-section (3), the bhumiswami shall specify such land within the prescribed period and in the prescribed manner and on his failure to do so within such period, such land shall be specified by the Sub-Divisional Officer.(5)After such land has been specified in accordance with the provisions of sub-section (4), the Sub-Divisional Officer shall demarcate it in accordance with such rules as may be made in that behalf and also fix the land revenue in respect of land resumed by the bhumiswami.
