Section 2
Definitions
Unless the subject or the context otherwise requires, in this Act: (a) “Landowner” means a person who has the land registered in his/her name, subject to the payment of land revenue to Government of Nepal under the prevailing law and has, by virtue thereof, the title to the land, and this term also includes the following person in respect of the following land: (1) A person who is registered as a landowner in regard to the Birta land abolished pursuant to the Birta Abolition Act, 2016 (1960), (2) Jimidar in the case of the land with Jimidari, (2a)2 In the case of Kipat, a person who possesses such land on payment of government revenue in accordance with the customs, traditions and practices or a person who possesses such land on making payment of revenue to such person,
(3) A person who, by virtue of being an heir or coparcener of such landowner or by virtue of the relinquishment by such landowner of his/her title in accordance with law, is entitled to get the land registered in his/her name,
(4) Where any other person has obtained the land of such landowner on usufruct mortgage or pledge and been possessing and using the land in accordance with law, that person so long as he/she so possesses and uses the land.
(b) “Tenant” means a peasant who holds the land that belongs to another landowner to till the same on any terms and cultivates the land by him/herself or his/her family’s labour.
(c) “Family”, in relation any person, means that person and only his/her relative in the following status: (1) husband or wife, irrespective of whether they are partitioned or not, (2) until the father or mother is alive, a son, 3 daughter who has not attained the age of 16 years irrespective of whether he has been partitioned, (3) 4 …………………..
(d) “Rent (Kut)” means any consideration in money or in kind or both payable by a tenant to the landowner on account of the occupation of the landowner’s land for cultivation.
(e) “House and premises (Gharbari)” means a dwelling house and the land appurtenant to such a house and this term also includes such a cattle shade, grain store (Bhakari), well, pond, garage, stable, fruits garden, bamboo bush, grass field, sports or recreation site and land used for other purposes similar thereto as is adjoined or not adjoined to the house.
(f) “Main annual crop yield” in relation to any land means the yield of the crop having the highest yield among all the crops grown in that land throughout the year.
(g) “Peasant” means a person engaged in cultivating the land. 5 Provided, however, that, for purposes of the determination of a debt pursuant to Chapter-9, this term means a person who cultivates land by his/her or his/her family’s labor.
(h) “Jimidari” means a system of collecting the revenue under the law and depositing, or causing to be deposited, such revenue with Government of Nepal, by making agent in the name of Jimidar, Patawari, Talukdar, Jimmawal, Mukhiya, Thari, Dware or in any other name, and includes the Kipat system.6
(i) “Revenue” means the revenue or any other consideration equivalent thereto payable by a landowner to Government of Nepal under the prevailing law of Nepal.
(j) “Notified Order” means an order published by Government of Nepal in the Nepal Gazette.
(k) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules or notified orders under this Act.
(3) A person who, by virtue of being an heir or coparcener of such landowner or by virtue of the relinquishment by such landowner of his/her title in accordance with law, is entitled to get the land registered in his/her name,
(4) Where any other person has obtained the land of such landowner on usufruct mortgage or pledge and been possessing and using the land in accordance with law, that person so long as he/she so possesses and uses the land.
(b) “Tenant” means a peasant who holds the land that belongs to another landowner to till the same on any terms and cultivates the land by him/herself or his/her family’s labour.
(c) “Family”, in relation any person, means that person and only his/her relative in the following status: (1) husband or wife, irrespective of whether they are partitioned or not, (2) until the father or mother is alive, a son, 3 daughter who has not attained the age of 16 years irrespective of whether he has been partitioned, (3) 4 …………………..
(d) “Rent (Kut)” means any consideration in money or in kind or both payable by a tenant to the landowner on account of the occupation of the landowner’s land for cultivation.
(e) “House and premises (Gharbari)” means a dwelling house and the land appurtenant to such a house and this term also includes such a cattle shade, grain store (Bhakari), well, pond, garage, stable, fruits garden, bamboo bush, grass field, sports or recreation site and land used for other purposes similar thereto as is adjoined or not adjoined to the house.
(f) “Main annual crop yield” in relation to any land means the yield of the crop having the highest yield among all the crops grown in that land throughout the year.
(g) “Peasant” means a person engaged in cultivating the land. 5 Provided, however, that, for purposes of the determination of a debt pursuant to Chapter-9, this term means a person who cultivates land by his/her or his/her family’s labor.
(h) “Jimidari” means a system of collecting the revenue under the law and depositing, or causing to be deposited, such revenue with Government of Nepal, by making agent in the name of Jimidar, Patawari, Talukdar, Jimmawal, Mukhiya, Thari, Dware or in any other name, and includes the Kipat system.6
(i) “Revenue” means the revenue or any other consideration equivalent thereto payable by a landowner to Government of Nepal under the prevailing law of Nepal.
(j) “Notified Order” means an order published by Government of Nepal in the Nepal Gazette.
(k) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules or notified orders under this Act.