Section 26
Management Of Guthi Controlled (adhinastha) Land
(1) Upon the commencement of this Act, all rights and powers of the registration holder in any Guthi controlled land in relation to which the tiller (jotaha) pays the crop rent to the registration holder and the registered tenant pays rent in kind in whole or partly in kind and partly in cash as per the rate of the Guthi, in the Kathmandu Valley and the hilly areas shall cease to exist and the Corporation shall have full ownership in such a land; and the actual tiller farmer shall obtain the tenancy right in such a land.
(2)34 The registered tenant whose right ceases to exist pursuant to Sub-section (1) shall obtain, as prescribed, a compensation in a sum to be set by Ten fold of the land revenue leviable in his or her
previous land in accordance with the prevailing law. The registration holder who so obtains compensation shall obtain the compensation by deducting therefrom the arrears, if any, payable by the registration holder to the Guthi.
(3) 35 The actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right shall pay to the Corporation, as prescribed, the compensation to be provided to the registered tenant pursuant to Sub-section (2).
(3a)36 If it appears that the registered tenant has defaulted on the crop rent required to be paid to the Corporation, the tiller farmer shall have to submit an evidence of payment of such rent paying during that period of arrear to the registered tenant to the Corporation.
(3b)37 In the event of failure to submit the evidence of payment of rent pursuant to Sub-section (3a), the crop rent to the extent of which evidence of payment of rent could not be submitted shall have to be paid to the Corporation.
(4) 38 If the actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right fails to pay the amount of compensation as referred to in Sub-section (3) or to pay the crop rent in arrears pursuant to Sub-section (3b) in the manner as prescribed, action may be taken as if the crop rent of that land were not paid and another tenant may be established in that land by
collecting the prescribed fees.
(5)39 If another tenant is established by taking action pursuant to Sub-section (4), such a tenant shall pay the remaining sum of the compensation payable to the registered tenant whose right has been
terminated pursuant to Sub-section (3) and the crop rent as referred to Sub-section (3b) to the Corporation in the manner as prescribed. (6) 40 ……………..
(7) Notwithstanding anything contained in this Section, if any person has obtained the right pursuant to law and built a house and resided in any Guthi owned land, the land up to the ceiling of land that can be held for house and cartilage pursuant to the prevailing Nepal law shall be registered in tenancy in the name of that person.
(2)34 The registered tenant whose right ceases to exist pursuant to Sub-section (1) shall obtain, as prescribed, a compensation in a sum to be set by Ten fold of the land revenue leviable in his or her
previous land in accordance with the prevailing law. The registration holder who so obtains compensation shall obtain the compensation by deducting therefrom the arrears, if any, payable by the registration holder to the Guthi.
(3) 35 The actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right shall pay to the Corporation, as prescribed, the compensation to be provided to the registered tenant pursuant to Sub-section (2).
(3a)36 If it appears that the registered tenant has defaulted on the crop rent required to be paid to the Corporation, the tiller farmer shall have to submit an evidence of payment of such rent paying during that period of arrear to the registered tenant to the Corporation.
(3b)37 In the event of failure to submit the evidence of payment of rent pursuant to Sub-section (3a), the crop rent to the extent of which evidence of payment of rent could not be submitted shall have to be paid to the Corporation.
(4) 38 If the actual tiller farmer who becomes entitled to tenancy right upon the termination of the registration holder’s right fails to pay the amount of compensation as referred to in Sub-section (3) or to pay the crop rent in arrears pursuant to Sub-section (3b) in the manner as prescribed, action may be taken as if the crop rent of that land were not paid and another tenant may be established in that land by
collecting the prescribed fees.
(5)39 If another tenant is established by taking action pursuant to Sub-section (4), such a tenant shall pay the remaining sum of the compensation payable to the registered tenant whose right has been
terminated pursuant to Sub-section (3) and the crop rent as referred to Sub-section (3b) to the Corporation in the manner as prescribed. (6) 40 ……………..
(7) Notwithstanding anything contained in this Section, if any person has obtained the right pursuant to law and built a house and resided in any Guthi owned land, the land up to the ceiling of land that can be held for house and cartilage pursuant to the prevailing Nepal law shall be registered in tenancy in the name of that person.