Statutory Provisions : —
An occupant may, by giving written notice to the Amildar or Deputy Amildar, relinquish his occupancy, either absolutely or in favour of, a specified person ; provided that such relinquishment apply to the entire occu¬pancy or to whole survey numbers, or recognised shares of survey numbers. An occupancy absolutely relinquished shall be at the disposal of Government, and shall be disposed of by the Deputy Commissioner in accordance with such rules as may, from time to time be framed by Government in that behalf.
An absolute relinquishment "shall, unless otherwise directed by any special or general rules framed by Govern¬ment, be deemed to have effect from the close of the current revenue year, and notice thereof must be given before the 31st March in such year, or before such other date as may be, from time to time, prescribed in this behalf for each district by the Government. A relinq-quishment in favour of a specified person may be made at any time.
When there are more occupants than one, the notice of relinquishment must be given by the registered occu¬pant ; and the person, if any, in whose favour an occu¬pancy is relinquished, or, if such occupancy is relinquished in favour of more persons than one, the principal of such persons, must enter into a written agreement to become the registered occupant, and his name shall thereupon be substituted in the records for that of the previous regis-tered occupant.
When a lump assessment is fixed upon several fields or survey numbers in the aggregate, it shall not be lawful for the occupant to relinquish as aforesaid any one or more of such fields or survey numbers except with the previous consent of the Deputy Commissioner. It shall be competent to the Deputy Commissioner to grant or refuse his consent; if he grants it, the occupancy shall be divided, and the Deputy Commissioner shall determine the proportional amount of land revenue to be paid by each portion of it, and the original occupant and the person, if any, in whose favour he relinquishes a portion of his occupancy, shall be held liable for the revenue severally assessed on their portions.
The provisions of the last two sections shall apply as far as may be, to the holders of alienated land :
Provided :
(a) That it shall not be lawful to relinquish as aforesaid any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of Section 49 until the commuted assessment payable in respect of such portion of land has been deter¬mined under the provisions of the said section ; and
(b) that if any person relinquishes land on which, under the circumstances described in Section 49, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially exempt from payment of revenue.
If any person relinquishes land the way to which lies through other land which he retains the right of way through the land so retained shall continue to the future holder of the land relinquished.
Nothing in sections 72 and 73 shall affect :-
(a) the responsibility of any share in a village for the land revenue of which the shares are all, according to law or the custom of the village, jointly responsible or.
(b) the validity of the terms or conditions of any lease or other express instruments under which land is or may hereafter be, held from Government.
The registered occupant or the holder of alienated land shall continue liable for the land revenue due on the occupancy or alienated holding and for all other lawful demands of Government in respect of the same, until such time as the occupancy or alienated holding is relinquished or transferred, under any of the provisions of this Act, to the name of any other person ; and the Deputy Commis¬sioner shall not be bound in any case to recognise any person to whom any interest in any portion of an occupancy or alienated holding has been assigned, unless the transfer has been recorded in the revenue records in accordance with the foregoing provisions.
The written notice of absolute relinquishments of an occupancy, required by Section 71 of the Land Revenue Code to be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st March in the current revenue year. Such relin¬quishment shall have effect from the 1st April in such year, provided that Vaishaki crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision such relinquishment may be received up to the end of June of the year of such settlement.
The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons, and the agreement to be entered into by such persons or the principal of such persons, shall be in the form of
Appendix G.
Except as provided in the next following Rule, every notice and every agreement given under the last two rules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been duly endorsed as herein¬before required.
If the land has been transferred to the person in whose favour the relinquishment is made by a registered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Registrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they need not be endorsed by any other witness.
All notices and all agreements received under Rule 64 or Rule 65 shall be kept in separate files in the records of the Amildar or Deputy Amildar.
It shall be the duty of every village accountant, if so desired by any occupant in his village or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 ov Rule 65 without fee or charge of any kind.
A village accountant who prepares any such notice or agreements shall affix his signature beneath the words " written by " on the lower left hand corner thereof.
(1) Rajinama (relinquishment) in favour of another may be withdrawn, before the issue of a patta. that is, before the rajinama is acted upon. (Appeal No. 155 of 1890-91), (Decisions dated 18th April 1891.)
(2) In order to safeguard the interests of persons other than the registered occupant, no absolute relinquish¬ment should be accepted, without notice to the persons interested in the land and who have got their names registered in the Special Notice Register. The mere issue of this notice does not, however, affect any legal rights of other parties, or give any claim ipso facto to the persons receiving notice to have their names substi¬tuted in place of the registered occupant. (GO No. R. 6598-97—L.R. 262-08-1, dated 25th February 1909).
RELINQUISHED COFFEE LANDS.
The case of relinquished coffee lands continues to be governed by rule 6-A of Appendix E. L.R.R., even though the lands may be overgrown with lantana, and the disposal of the same vests with the Revenue Commis¬sioner. (G.O. No. R. 10791-9—L.R. 280-19-2, dated 18th March 1920).
RELINQUISHMENTS OF LANDS ON WHICH ARREARS ARE DUE.
Relinquishment of a land does not exonerate an occupant from the payment of the arrears which have already accrued thereon and may be accepted, if the accepting officer is satisfied that the security of the land possessing a saleable value fo rthe recovery of the arrears is not thereby lost. The relinquisher's other property is liable for the arrears and where he is an insolvent and the land is not valuable, relinquishments may be accepted and the land thrown open to others for cultivation. (G.O. No. 1334—R. 27, dated 12th May 1897).
VARGARAZINAMA (RELINQUISHMENT IN FAVOUR OF ANOTHER).
(3) An Amildar or Deputy Amildar of one taluk may take action on a notice of relinquishment of land presented to, and forwarded by, the Amildar or Deputy Amildar of another taluk within whose jurisdiction the land is situated. The Amildar or Deputy Amildar who is responsible for the disposal of the notice should exercise due care to satisfy himself thoroughly about the identity .of persons giving the notice, before he gives effect to it. (G.O. No. R. 2237-45—L.R. 260-12-2, dated 10th September 1913).
An occupant may, by giving written notice to the Amildar or Deputy Amildar, relinquish his occupancy, either absolutely or in favour of, a specified person ; provided that such relinquishment apply to the entire occu¬pancy or to whole survey numbers, or recognised shares of survey numbers. An occupancy absolutely relinquished shall be at the disposal of Government, and shall be disposed of by the Deputy Commissioner in accordance with such rules as may, from time to time be framed by Government in that behalf.
An absolute relinquishment "shall, unless otherwise directed by any special or general rules framed by Govern¬ment, be deemed to have effect from the close of the current revenue year, and notice thereof must be given before the 31st March in such year, or before such other date as may be, from time to time, prescribed in this behalf for each district by the Government. A relinq-quishment in favour of a specified person may be made at any time.
When there are more occupants than one, the notice of relinquishment must be given by the registered occu¬pant ; and the person, if any, in whose favour an occu¬pancy is relinquished, or, if such occupancy is relinquished in favour of more persons than one, the principal of such persons, must enter into a written agreement to become the registered occupant, and his name shall thereupon be substituted in the records for that of the previous regis-tered occupant.
When a lump assessment is fixed upon several fields or survey numbers in the aggregate, it shall not be lawful for the occupant to relinquish as aforesaid any one or more of such fields or survey numbers except with the previous consent of the Deputy Commissioner. It shall be competent to the Deputy Commissioner to grant or refuse his consent; if he grants it, the occupancy shall be divided, and the Deputy Commissioner shall determine the proportional amount of land revenue to be paid by each portion of it, and the original occupant and the person, if any, in whose favour he relinquishes a portion of his occupancy, shall be held liable for the revenue severally assessed on their portions.
The provisions of the last two sections shall apply as far as may be, to the holders of alienated land :
Provided :
(a) That it shall not be lawful to relinquish as aforesaid any portion of any land held wholly or partially exempt under the circumstances described in the first paragraph of Section 49 until the commuted assessment payable in respect of such portion of land has been deter¬mined under the provisions of the said section ; and
(b) that if any person relinquishes land on which, under the circumstances described in Section 49, a larger revenue is levied than would ordinarily be leviable on such land, he shall be deemed to have relinquished also the land held with it which is wholly or partially exempt from payment of revenue.
If any person relinquishes land the way to which lies through other land which he retains the right of way through the land so retained shall continue to the future holder of the land relinquished.
Nothing in sections 72 and 73 shall affect :-
(a) the responsibility of any share in a village for the land revenue of which the shares are all, according to law or the custom of the village, jointly responsible or.
(b) the validity of the terms or conditions of any lease or other express instruments under which land is or may hereafter be, held from Government.
The registered occupant or the holder of alienated land shall continue liable for the land revenue due on the occupancy or alienated holding and for all other lawful demands of Government in respect of the same, until such time as the occupancy or alienated holding is relinquished or transferred, under any of the provisions of this Act, to the name of any other person ; and the Deputy Commis¬sioner shall not be bound in any case to recognise any person to whom any interest in any portion of an occupancy or alienated holding has been assigned, unless the transfer has been recorded in the revenue records in accordance with the foregoing provisions.
The written notice of absolute relinquishments of an occupancy, required by Section 71 of the Land Revenue Code to be given to the Amildar or Deputy Amildar, shall be in the form of Appendix F, and shall be given before the 31st March in the current revenue year. Such relin¬quishment shall have effect from the 1st April in such year, provided that Vaishaki crops, if any, on lands thus relinquished, may be removed by the owner before the close of such year. In the year of Survey Settlement, however, whether original or revision such relinquishment may be received up to the end of June of the year of such settlement.
The written notice of relinquishment of an occupancy by the registered occupant in favour of one or more persons, and the agreement to be entered into by such persons or the principal of such persons, shall be in the form of
Appendix G.
Except as provided in the next following Rule, every notice and every agreement given under the last two rules shall be endorsed by any two respectable witnesses to the effect prescribed below each of the said forms, and the Amildar or Deputy Amildar who receives any such notice or agreement, will be held responsible for exercising due care in ascertaining the identity of the person who has signed the same notwithstanding that such notice or agreement has been duly endorsed as herein¬before required.
If the land has been transferred to the person in whose favour the relinquishment is made by a registered deed of conveyance or any other kind of instrument transferring the occupancy of the land, both the notice and agreement above referred to may be executed before the Registrar or Sub-Registrar registering the documents, who shall attest and then forward the same to the Amildar or Deputy Amildar in order that may be given effect to at once so far as the particulars of holding are found to be correct. In such a case, they need not be endorsed by any other witness.
All notices and all agreements received under Rule 64 or Rule 65 shall be kept in separate files in the records of the Amildar or Deputy Amildar.
It shall be the duty of every village accountant, if so desired by any occupant in his village or by any person in whose favour land is about to be relinquished by any occupant in his village, to prepare any notice or any agreement that may be necessary under Rule 64 ov Rule 65 without fee or charge of any kind.
A village accountant who prepares any such notice or agreements shall affix his signature beneath the words " written by " on the lower left hand corner thereof.
(1) Rajinama (relinquishment) in favour of another may be withdrawn, before the issue of a patta. that is, before the rajinama is acted upon. (Appeal No. 155 of 1890-91), (Decisions dated 18th April 1891.)
(2) In order to safeguard the interests of persons other than the registered occupant, no absolute relinquish¬ment should be accepted, without notice to the persons interested in the land and who have got their names registered in the Special Notice Register. The mere issue of this notice does not, however, affect any legal rights of other parties, or give any claim ipso facto to the persons receiving notice to have their names substi¬tuted in place of the registered occupant. (GO No. R. 6598-97—L.R. 262-08-1, dated 25th February 1909).
RELINQUISHED COFFEE LANDS.
The case of relinquished coffee lands continues to be governed by rule 6-A of Appendix E. L.R.R., even though the lands may be overgrown with lantana, and the disposal of the same vests with the Revenue Commis¬sioner. (G.O. No. R. 10791-9—L.R. 280-19-2, dated 18th March 1920).
RELINQUISHMENTS OF LANDS ON WHICH ARREARS ARE DUE.
Relinquishment of a land does not exonerate an occupant from the payment of the arrears which have already accrued thereon and may be accepted, if the accepting officer is satisfied that the security of the land possessing a saleable value fo rthe recovery of the arrears is not thereby lost. The relinquisher's other property is liable for the arrears and where he is an insolvent and the land is not valuable, relinquishments may be accepted and the land thrown open to others for cultivation. (G.O. No. 1334—R. 27, dated 12th May 1897).
VARGARAZINAMA (RELINQUISHMENT IN FAVOUR OF ANOTHER).
(3) An Amildar or Deputy Amildar of one taluk may take action on a notice of relinquishment of land presented to, and forwarded by, the Amildar or Deputy Amildar of another taluk within whose jurisdiction the land is situated. The Amildar or Deputy Amildar who is responsible for the disposal of the notice should exercise due care to satisfy himself thoroughly about the identity .of persons giving the notice, before he gives effect to it. (G.O. No. R. 2237-45—L.R. 260-12-2, dated 10th September 1913).
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