(1) If the Government of Nepal has made a decision
to give the compensation for the tenant right of any land acquired
pursuant to Rule 14, the district land reform officer shall publish the
notice by posting it in the notice board of the local village development
committee or municipality and his/her own office after determining the
amount of compensation to be given to the each person or his/her family
at the rate of 25 per hundred of the price of the land that has to be
calculated at the rate prescribed pursuant to Rule 21.
(2) Within the 15 days of publication of the notice of
determination of the compensation pursuant to Sub-rule (1), if it deemed
that the determination of compensation has to be repeated from the
claim on the amount of compensation or complain of the person not
satisfied on the determination of compensation or by any other sources,
the district land reform officer shall publish it again as according to
above mentioned way, after making a repetition.
(3) A person who has not satisfied in the notice of compensation
determination that has been published pursuant to Sub-rule (1) or in the
notice republished pursuant to Sub-rule (2) may submit a complain in
the court specified in a notification order within 10 days of publication
of that notice at the first time or published in repetition as per the
situation.
(4) In condition of ineligibility for making a complain being
expiring the date (duration) to submit a complain on the notice of
compensation determination that has been published as mentioned
above, as according to that published list of record (phantbari) and upon
submission of a complain, as according to the final decision; the district
land reform officer shall provide the compensation amount to the
concerned person pursuant to Sub-rule (5).
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Provided that –
(a) If a case that has been remained to be decided after
being filed before any authorized court or official
from the very beginning and being disputed on the
ownership of tenant right of the concerned land, the
compensation of tenant right of the portion which
has been disputed shall be kept unpaid (suspended).
(b) If a tenant right acquired from any person pursuant
to Rule 14 has been taken in mortgage (Bhog or
Dristi Bandhaki) by any other person before the
commencement of this rule then the creditor who
has taken that mortgage shall receive the
compensation that has to be received pursuant to
this Rule. If the compensation amount has been in
excess (more) than the principal amount (Thaili) of
the creditor then the debtor shall receive that excess
amount and if it has been less then the creditor shall
claim to the debtor on that remaining amount of the
principal.
(c) If a creditor have been possessing a tenant right of
any land taking it in mortgage, has been deprived to
possess that right pursuant to Section 8 of the Act
and the debtor has received back it pursuant to
Clause (b), then the principal amount (Thaili) of
mortgage of such creditor shall be a loan without
mortgage (Kapali) from the date on which it has
been supposed to be returned to the debtor.
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(5) After 37The land for tenant right has been transferred to other
person, the amount of compensation shall be provided to the concerned
person in Five annual installments. An interest at the rate of annual 5
(Five) percent shall be provided on the amount of compensation.