35Surrender of holdings.

(1) Any tenant not bound by a lease or other agreement for a fixed period may, at the end of any agricultural year, surrender his holding :
Provided that, notwithstanding such surrender, the tenant shall continue to be liable for the agricultural year next following the date of the surrender for the rent of the holding, unless he gives to his landlord, at least thirty days before he surrenders, notice of his intention to surrender.
(2) In the following cases the Court shall presume that such notice was duly given as required by the proviso to sub-section (1), that is to say :--
(a) if the tenant takes a new holding in the same village from the same landlord during the agricultural year next following the surrender;
(b) if the tenant ceases, at least thirty days before the end of the agricultural year at the end of which the surrender is made, to reside in the village in which the surrendered holding is situate; and
(c) if the landlord himself, at any time during the agricultural year next following the surrender, cultivate lets to another tenant the holding or any part thereof.
(3) A tenant of a survey-number in a village let in farm by the Government, or held by a gaontia in the Sambalpur District, shall be deemed to have surrendered his holding if he refuses to agree to the rent fixed under this Act for the holding, but shall not continue liable under sub-section (1) for the rent of his holding.
(4) Any tenant other than an absolute occupancy-tenant who leaves his holding uncultivated and the rent of it unpaid for a period of two years shall, at the expiration of that period, be deemed to have surrendered the holding :
Provided that, in reckoning that period, any time during which, owing to an inundation or any other accident to the land beyond the tenant’s control, It may have been impossible to cultivate the land shall be excluded.