(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.