Chapter- 7 Provisions relating to Tenant

Chapter- 7 Provisions relating to Tenant

25. Circumstances where tenancy right is acquired: (1) A person who as a tenant has been cultivating a land that belongs to any landowner until the date of the commencement of this Section shall acquire the tenancy right as referred to in this Chapter in respect of the land.

(2)45 Notwithstanding anything contained in Sub-section (1), except where the tenancy right is acquired pursuant to Sub-section (1) of Section 26, no person who cultivates/tills a land belonging to any landowner on any terms and conditions shall acquire the tenancy right over that land.

Provided that:

(1) Where a person has tilled a land belonging to any landowner on terms of tenancy prior to the commencement of this Sub-section, a certified copy of a written bond concluded in duplicate between the landowner and the tenant has been furnished with the Village Development Committee or Municipality where the land is situated and the tenant of the land makes an application to have the tenancy right established over the land no later than Six months after the date of commencement of this Sub-section, the prescribed authority may, after examining the written bond concluded in duplicate as well as other necessary evidences, establish the tenancy right of the applicant over such land. (2) This Sub-section shall not be deemed to bar the settling of a case on tenant, which has been filed in any committee, office or court prior to the commencement

of this Sub-section and yet to be settled, in accordance with then prevailing provisions contained in this Act.

(3)46 If a creditor who has obtained any land except the land subject to tenancy from any other landowner in the prescribed area has tilled that land on his/her own, the creditor shall obtain the tenancy right over such land, subject to Section 8. The debtor him/herself shall be entitled to the tenancy right beyond the upper ceiling prescribed in Section 8.

(4)47 Notwithstanding anything contained in Sub-sections (1), (2) and (3): (a) Where a person who has obtained a land from a landowner to till it does not till the land by his/her or his/her family’s labor but lets any one else till the land, all the rights of the intermediary between the real tiller in respect of that land shall lapse. (b) The tenancy right acquired by a tenant has to be got registered in the prescribed registration book.

(5)48 Notwithstanding anything contained in Sub-sections (1), (2) (3) and (4), the following person shall not be entitled to acquire the tenancy right: (a) One who tills the land of house and premises, or (b) One who is a non Nepalese citizen, or (c) One who tills the land owned by Government of Nepal, or

(d) One who tills the land prescribed by Government of Nepal for industrial business.

25A.49 ………….

26. Rights and obligations of tenant:

(1) Subject to the provisions contained in the other Sections of this Chapter, the tenancy right of a tenant in respect of a land which the tenant has tilled shall, after the tenant’s death, devolve on any one whom the landowner trusts from amongst the husband, wife, son, daughter, mother, father, adopted son, adopted daughter, daughter-inlaw, grandson, granddaughter, granddaughter-in-law, elder or younger brother or elder or younger sister living in the same family50 of the tenant. Provided that51 : (a) If a tenant intends not to leave the land subject to the tenancy right registered pursuant to clause (b) of Subsection (5) of Section 25, the tenant shall give a notice in writing to the prescribed authority and to the landowner at least One month prior to the season of cultivation; and the tenant shall be deemed to have left the land only after the tenant receives a notice of making correction in the Registration Book by the prescribed authority also upon inquiring the concerned Village Development Committee or Municipality about the matter.

(b) If any landowner lets any peasant till his/her land, such landowner shall give a notice thereof to the prescribed authority within one month; and the prescribed authority shall subpoena and inquire the concerned landowner and the tenant about the matter, if necessary, and register the matter in the Registration Book.

(c) If a tenant quits the land or disappears without trace or his/her tenancy right terminates by virtue of his/her default in making payment of rent, the landowner shall give a notice thereof in writing to the prescribed authority within Twenty five days; and the prescribed authority shall, upon investigating the matter, make correction in the Registration Book pursuant to clause (b) of Sub-section (5) of Section 25.

(2) If the land being tilled by a tenant increases due to Narbesi or the change of the stream course, the tenant shall, subject to the other Sections of this Act, be entitled to the tenancy right in respect of such increased land.

(3) The tenant may make or construct such permanent or temporary things like roofs, enclosures, bars, walls, drainages, bridges, ditches, wells and huts as are necessary for the cultivation of the concerned land. Provided that, buildings etc. which are not required for the cultivation shall not be constructed without obtaining the landowner’s consent.

(4) If the tenancy right over any land being tilled by a tenant is terminated under this Act, the tenant may remove any assets other than the

immovable properties fixed to the land within Thirty days after the date on which his/her right over the land is so terminated. Provided that, if the landowner gives an amount fixed by the Village Development Committee or Municipality to the tenant, the tenant shall not be entitled to remove anything made for the perpetual growth of the land from the land over which his/her right is to be so terminated.

(5) Except alterations due to reasonable wear and tear or act of God or causes beyond control of the tenant, the tenant shall, while leaving the land, not leave the land in more deteriorating condition than it was at the time he/she acquired it for cultivation.

(6) A tenant shall be entitled to deduct and keep the seeds required for the next year prior to the division of crops and produce between the landowner and the tenant. The landowner shall not be entitled to collect interest from the tenant for the seeds so deducted.

(7) While selling, disposing of, gifting, donating or partitioning any of his/her land, a landowner shall mention in the instrument thereof the name, surname, address of his/her tenant and the terms of bond concluded with the tenant and enclose a certified copy of such bond, if any, with such instrument.

(8) In the event of the effect of sale, disposal, gift, donation or partition of any land, the landowner shall give a notice to his/her tenant and the Village Development Committee or Municipality of the matter setting out the name, surname and address of the person to whom the land has been sold, disposed, gifted, donated or partitioned.

26A.52 Tenancy right not liable to be purchased, sold: Notwithstanding anything contained in the prevailing laws of Nepal, the tenancy right shall not be liable to be purchased or be subject to acquisition by way of gift, donation or other means whatsoever, and shall not be auctioned for governmental or non-governmental amount or punishment. Provided that, where a tenant has erected a concretely built house by obtaining consent of his/her landowner or since ancient time, prior to the commencement of this Act, the tenant may sell or otherwise convey his/her title to the land of house and premises; and the provisions vis-à-vis upper ceiling as referred to in Section 8 shall not apply to such land.

26B. 53 Powers to allocate land to landowner and tenant: The prescribed authority may, subject to Sections 26C., 26D., 26D.(2) and 26E.54, allocate the land subject to tenancy right to the landowner and the tenant.

26C.55 Joint application by landowner and tenant: (1) If both the landowner and the tenant of a land subject to tenancy right intend to allocate and exchange the land subject to tenancy right through their mutual consent or if either of them intends to convey the whole land to the landowner or the tenant, as the case may be, in consideration for an amount equal to the value of the land which he/she has agreed to so acquire at the prevailing rate and get the records of tenant crossed off, they shall make a joint application to the prescribed authority, setting out all the details related therewith and enclosing the evidence available to them.

(2) If any application is made as referred to in Sub-section (1), the prescribed authority may, if, on examination of the evidence attached with the application, he thinks it reasonable to allocate the land as requested by the applicant or to maintain the whole land in the name of any one of the landowner or the tenant, allocate the land accordingly or maintain the whole land in the name of one person and cross off the records of tenant.

26D.56 Right of tenant and landowner to set aside their own portion: If both landowner and tenant fail to reach a mutual agreement pursuant to Sub-section (1) of Section

26C. and either landowner or tenant makes an application, the prescribed authority shall subpoena the landowner or tenant and examine necessary evidence if so required and allocate the land proportionately to the landowner and the tenant on pro rata and also cross of the records of tenant.

26D1.57 Application to be made: For the purposes of Sections 26C. and 26D., an application shall be made with in Six months of the commencement of this Section.. 26D2.58 Allocation of land: If any one of the landowner or the tenant fails to make an application for the allocation of land within the time-limit as referred to in Section 26D1., the prescribed authority shall examine the Seven number inventory and the evidence to the extent available and allocate the land subject to tenancy right, subject to the provisions of the other Sections of this Act.

26D3.59 Action to be completed: The prescribed authority shall complete the action on the allocation of land subject to tenancy right pursuant to this Act with in Two Years.

26E.60Powers to set title to land in the name of only one person out of landowner and tenant:

(1) Notwithstanding anything contained in the other Sections of this Act, the prescribed authority may, in the following circumstances, make decision to set the whole land subject to tenancy right in the name of any one out of the landowner and the tenant: (a) Where any one, out of the landowner and the tenant, agrees to relinquish the whole land belonging to his/her portion by receiving an amount equal to the value of such land at the prevailing rate, in the name of the person who agrees to take such land61 . (b) Where in allocating the land to the landowner and the tenant, the area of land becomes less than the minimum area prescribed for building a house therein in an urban or town-oriented area, in the name of the landowner or tenant who has less land for building a house in that area or has no land at all, with priority being given to such landowner or tenant. Explanation: For the purposes of this Clause, if there arises a dispute as to whether any land is of an “urban area” or “town-oriented area” or not, the value fixation

committee as referred to in Section 26H. shall decide that dispute. (c) Where the tenant has built a house in the land subject to tenancy right, the house and land covered by the house and such land as required for a road to and from the house in the name of the tenant despite that on the allocation of land between the landowner and the tenant, there is less land on the part of the landowner.

(2) Where the whole land is to be maintained in the name of any one out of the landowner and the tenant pursuant to Clause (b) of Sub-section (1) or where on maintaining the land in the name of the tenant, there is less land on the part of the landowner, the other party shall provide an amount equal to the value of the land to which the landowner or tenant on whose part no land has been so maintained at all is entitled or on whose part less land is maintained, at the prevailing rate.

26F.62Appeal: Notwithstanding anything contained elsewhere in this Act, no appeal can be made in any court against any decision made by the prescribed authority pursuant to Sections 26B., 26C., 26D., 26D.2 and 26E. 63 26G.64 To forward for transmission and record maintenance:

(1) Following the allocation of the land between the landowner and the tenant or following a decision to maintain the title to the land in the name of only one out of them pursuant to this Act, the prescribed authority shall forward all details of that matter to the concerned office for transmission and record maintenance.

(2) After receiving the details as referred to in Sub-section (1), such office shall also carry out necessary action including transmission and give information thereof to the authority forwarding the details.

(3) Notwithstanding anything contained in the prevailing law, no charges including the registration fees chargeable pursuant to the prevailing law shall be charged for the execution of transmission as well as any other acts under Sub-section (2).

26H. Formation of value fixation committee: (1) For the purposes of Section 26E., a value fixation committee consisting of the following members shall be formed in every district to fix the value of land: (a) Land Reform Officer or Land Revenue Officer in a district where Land Reform Officer is not available -Coordinator (b) Chairperson of the Village Development Committee or Mayor of the Municipality where the land is situated or Vice-chairperson of the same Village Development Committee or Deputy Major of the same Municipality as designated by them -Member (c) Ward Member of the concerned Ward of the Village Development Committee or Municipality where the land is situated -Member (d) Officer level employee representative of the District Administration Office -Member (e) Land Revenue Office in a district where Land Revenue Office is situated -Member (2) The committee as referred to in Sub-section (1) shall determine the Rules of procedures of its meeting on its own.

26I.Powers of Government of Nepal to make provision of amount: Government of Nepal may on its own or through any financial institution make provision of necessary amount of money to the landowner and the tenant in order to encourage them to purchase such land as held in each other’s part following the allocation of the land between the landowner and the tenant.

27.67 —————–

28.68 —————–

29. Termination of tenancy right: (1) Except for the destroy of crop or non-yielding due to act of God, if the landowner makes a petition that the tenant has failed to pay the rent, the prescribed authority may issue an order to expel such tenant. (2) Where the landowner makes an application in any of the following circumstances, the District Court may issue an order to expel (evict) the tenant from the land: (a) Where the tenant has knowingly done any act which decreases the value or crop of the land or the value or

crop of the land has decreased due to the tenant’s failure to take reasonable care, or (b) Except for a circumstance beyond the tenant’s control, the tenant has not cultivated the land until One year or has neglected in the cultivation. (3) In the circumstance as referred to in Sub-section (1) or in clause (b) of Sub-section (2), the prescribed authority may also require the tenant to pay the rent, as well, to the landowner.

29A. Limitation to expel tenant: Where a tenant has to be expelled pursuant to Section 29, an application shall be made within the following time limit. After expiration of that time limit, no application shall be entertained.

(a) In the event of the circumstance referred to in Clause (a) of Sub-section (2) of Section 29, within Thirty five days after the date on which the acts and actions referred to in that Clause have been done or performed;

(b) In the event of the circumstance referred to in Clause (b) of Sub-section (2) of Section 29, within Thirty five days after the elapse of One year of the date on which the acts and actions referred to in that Clause have been done or performed;

(c) In the event of the circumstance referred to in Sub-section (1) of Section 29, within Thirty days after the expiration of the time limit prescribed in Sub-section (2) of Section 36.

30. To maintain inventory of lands, landowners and tenants: (1) The provisions as to the making of an inventory of lands, landowners and tenants and the issuance of the certificate of tenancy right to tenants shall be as prescribed. Provided that, all the acts and actions done and performed by Government of Nepal in respect of the making of such inventory and the issuance of the certificate of tenancy right prior to the commencement of this Section shall be deemed to have been done and performed pursuant to this Section.

(2) The powers to be exercisable and the procedures to be followed by Government of Nepal or by the authority empowered by Government of Nepal for the acts as referred to in Sub-section (1) shall be as set forth in the Rules framed under this Act, in the case of those matters set forth therein, and shall be such, in the case of the matters not set forth in such Rules, as may be exercised or followed by the prescribed authority under the Land (Survey and Measurement) Act, 2019 (1962).

31. Prevalence of Section 8 in the event of its commencement: Notwithstanding anything contained in this Chapter, after the commencement of Section 8, a tenant shall be entitled to have the tenancy right only over the land not exceeding the upper ceiling up to which the tenant may till pursuant to that Section in the area where that Section has come into force.

31A.71 Cases on acquisition of tenancy right or its entitlement: (1) The prescribed authority shall settle disputes filed on the acquisition of tenancy right or the entitlement to tenancy right over any land under this Chapter. (2) A time limit of up to Fifteen days shall be given to the concerned person to allow the tenant who has been ascertained as per the decision made pursuant to Sub-section (1) by the prescribed authority, to use and cultivate the land.

32. Punishment: (1) If a landowner or any person acting on his/her behalf:

(a) forcefully evicts or expels a tenant from the land being possessed and used by the tenant in any manner except by order of the Court or Village Development Committee or Municipality pursuant to this Chapter, or (b) evicts the tenant from the land being possessed and used by him/her by fraud or deception or dishonesty in any other manner, the person doing such act shall be punished, by order of the prescribed authority, 72 with a fine not exceeding Rs. 1,000/- (One Thousand Rupees) … … ….73

(2) In the event that the Court holds the landowner guilty under Subsection (1), the following order shall also be issued in the name of the landowner:

(a) That the tenant be allowed to again possess and use the land, and

(b) That compensation be paid to the tenant for illegal eviction or expulsion by the landowner of the tenant from the land, according to the tenant’s share of crop which would accrue to the tenant if the tenant was allowed to possess and use the land.

(3) If any person violates any matter contained in Sub-section (5), (7) or (8) of Section 26, that person shall be punished, by order of the prescribed authority,74 with a fine not exceeding Rs. 5,00/- (Five Hundred Rupees); and the Court may also require the tenant who has violated the said Sub-section (5) to pay to his/her landowner such compensation as the Court deems appropriate.

(4) If any person causes let and hindrance in the preparation of inventory pursuant to Section 30 or fails to perform any duty required to be performed pursuant to this Act or the Rules or orders framed or issued under this Act, such person may be punished with a fine not exceeding Rs. 1,000/- (One Thousand Rupees) … … …75 by order of the prescribed authority. 76

(5)77 The prescribed authority may punish a landowner who fails to give information pursuant to Clauses (b) and (c) of the proviso to Subsection (1) of Section 26 with a fine not exceeding Rs. 5,00/- (Five Hundred Rupees) and a tenant who violates Section 26A. with a fine not exceeding Rs. 2,50/- (Two Hundred and Fifty Rupees); and that sale and purchase shall ipso facto be void.