Section 36
Time For Payment Of Rent And Other Provisions Pertaining Thereto
(1) A tenant shall pay the rent required to be paid by him/her to the landowner within the prescribed time each year. Provided that, where there is agreement to the effect that crops will be divided up on the spot or field at the time of harvest (Katani Madani), the tenant shall not take away the crop yields in the absence of the landowner and his/her representative. If the landowner or his/her representative does not appear even after giving a prior notice, the tenant shall make an application to the concerned Village Development Committee or Municipality83 and, in witness of at least one member of that Village Development Committee or Municipality84 and two adjoining land owners, set aside the division of the landowner and keep the same in his/her own custody by executing a deed to that effect; and the landowner shall accept the division so set aside.
(2) If, while making payment of the rent pursuant to Sub-section (1), the landowner or his/her representative does not receive the rent set forth in the bond, the tenant may convert the rent required to be paid in cash as per the market rate and deposit it, along with application, with the Village Development Committee or Municipality or District Land Revenue Office or Land Administration Office within Thirty days after the expiration of the time limit for payment of the rent by the tenant. Provided that, if it appears that the tenant has deposited the rent less than Ninety percent of the rent required to be paid by him/her, the rent shall not be deemed paid by the tenant pursuant to this Section; and if it appears that the deposit has been made by making difference in such rate or figure or showing a false statement, two percent amount required to be collected from the landowner pursuant to Subsection (5) shall be collected from the tenant making the deposit.
(3) If a tenant appears to make a deposit pursuant to Sub-section (2), the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit shall credit the amount of such deposit to the deposit account, and issue a notice to the landowner to receive that amount within Seven days.
(4) The landowner may, upon receipt of the notice under Sub-section (3), and if he/she has any reason for refusing to receive the rent, file a petition in person or through his/her representative, with the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit, within Fifteen days excluding the time required for journey. If he/she does not make any petition within this time limit, the landowner shall be deemed to be agreed to receive the deposited rent.
(5) If the landowner or his/her representative makes an application for receiving the amount of money deposited within one year after the date of receipt of a notice on the deposit of rent pursuant to Subsection (2) or, in the event of occurrence of a dispute, after the date of final decision made by the court, the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit shall, upon collecting a fee by Two percent of the figure of deposit, give the money to him/her. In the event of failure to make such application accordingly within that time limit, the deposit shall, after the expiration of that period, ipso facto be credited to the Consolidated Fund of Government of Nepal.
(6) A Village Development Committee or Municipality may credit to its fund and spend the amounts collected by that Village Development Committee or Municipality as fees by Two percent of the deposited amount pursuant to Sub-sections (2) and (5).
(2) If, while making payment of the rent pursuant to Sub-section (1), the landowner or his/her representative does not receive the rent set forth in the bond, the tenant may convert the rent required to be paid in cash as per the market rate and deposit it, along with application, with the Village Development Committee or Municipality or District Land Revenue Office or Land Administration Office within Thirty days after the expiration of the time limit for payment of the rent by the tenant. Provided that, if it appears that the tenant has deposited the rent less than Ninety percent of the rent required to be paid by him/her, the rent shall not be deemed paid by the tenant pursuant to this Section; and if it appears that the deposit has been made by making difference in such rate or figure or showing a false statement, two percent amount required to be collected from the landowner pursuant to Subsection (5) shall be collected from the tenant making the deposit.
(3) If a tenant appears to make a deposit pursuant to Sub-section (2), the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit shall credit the amount of such deposit to the deposit account, and issue a notice to the landowner to receive that amount within Seven days.
(4) The landowner may, upon receipt of the notice under Sub-section (3), and if he/she has any reason for refusing to receive the rent, file a petition in person or through his/her representative, with the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit, within Fifteen days excluding the time required for journey. If he/she does not make any petition within this time limit, the landowner shall be deemed to be agreed to receive the deposited rent.
(5) If the landowner or his/her representative makes an application for receiving the amount of money deposited within one year after the date of receipt of a notice on the deposit of rent pursuant to Subsection (2) or, in the event of occurrence of a dispute, after the date of final decision made by the court, the Village Development Committee or Municipality or Land Revenue Office or Land Administration Office holding the deposit shall, upon collecting a fee by Two percent of the figure of deposit, give the money to him/her. In the event of failure to make such application accordingly within that time limit, the deposit shall, after the expiration of that period, ipso facto be credited to the Consolidated Fund of Government of Nepal.
(6) A Village Development Committee or Municipality may credit to its fund and spend the amounts collected by that Village Development Committee or Municipality as fees by Two percent of the deposited amount pursuant to Sub-sections (2) and (5).