Rule 24F
To Pay The Amount (price) Of The Land
(1) The concerned party
shall already pay the amount (price) of the land within the ninety days of
52 Inserted by Thirteenth Amendment.
53 Inserted by Thirteenth Amendment.
54 Inserted by Thirteenth Amendment.
55 Inserted by Thirteenth Amendment.
24
receiving of the notice about the making of a decision by the land reform
officer to set the land in the name of any one out of the landowner or the
tenant pursuant to Section 26e of the Act.
Provide that,
If the application of the concerned party has been submitted
mentioning the reasonable cause for being unable to pay the price
amount within that time the land reform officer may extend the time
period up to Thirty Five days.
(2) If the concerned party responsible for receiving the price
amount has not received or refused to receive, the party liable for paying
the amount shall deposit the price amount in the concerned land reform
office, mentioning the details within the Fifteen days of expiry of that
date.
(3) If the concerned party has deposited the price amount
pursuant to Sub-rule (2), the land reform officer shall send a notice in
the name of the concerned person to receive the price amount within the
Seven days, by depositing the amount in the deposit account.
(4) After receiving the notice pursuant to Sub-rule (3) the
concerned person shall provide a written notice in the land reform office
if there exists any reason (cause) for not to receiving the deposit amount
within Fifteen days, except than the time required for travel and if such
notice has not been received within the time period it shall be presumed
that the concerned person has agreed to receive that amount.
(5) If the person who is supposed to receive the amount pursuant
to Sub-rule (1), has submitted an application with required evidence, to
receive the deposit amount within two years of receiving of the notice
for receiving the amount pursuant to Sub-rule (3), the land reform office
after deducting at the rate of two percent (per hundred) of the deposit
amount, shall return the remaining amount to the concerned person.
25
Even within that time period, if nobody came to receive the deposit
amount then after the termination of the time period, that amount shall
be managed as according to the decision made by Government of Nepal.
(6) If the person liable to pay the amount pursuant to Sub-rule (1)
has not paid the amount within the time period or also has not keep the
deposit (deposited) in the land reform office pursuant to Sub-rule (2),
the person supposed to receive the amount may submit an application to
the concerned lad reform office to recover the amount, by making a bid
of the land that has to be partitioned.
(7) If any application has been received pursuant to Sub-rule (6)
the land reform office shall make the bidding of the land pursuant to
prevailing law and make recovery of the amount to the concerned
person. If the excess amount then the amount that has to be received by
the applicant has been received on making the bid of the land, such extra
amount shall be deposited in the deposit account of the land reform
office.
(8) The land reform office shall send a notice to the concerned
person to receive the amount that has been deposited in the deposit
account pursuant to Sub-rule (7). If the concerned person has submitted
an application with necessary evidence to receive the deposit amount as
according to the given notice, within the time period pursuant to Subrule
(5), the land reform officer shall return the remaining amount to the
concerned person after deducting the amount that comes at the rate of
two percent of the deposit amount. Even within that time period, if
nobody came to receive the deposit amount then after the termination of
the time period, that amount shall be managed as according to the
decision of the Government of Nepal.
26
56(9) If the notice has not been duly executed because of failing to
reveal the address or failing to find the address of the person who has
supposed to receive or liable to pay the deposit amount pursuant to this
Rule, a public notice mentioning all the details shall be published in a
national level newspaper.
57(10) Even after the publication of a notice pursuant to Sub-rule
(9), if nobody has come to receive the amount then it shall be managed
as according to the decision made by the Government of Nepal in
relation to such amount.
24g. Other provisions related to partition between landowner and
tenants : (1) The dissolution of the applications that has been received
pursuant to Section 26D1. of the Act shall be made by completing the
process of Sub-rule (2) of rule 24b.
(2) While making a partition pursuant to the Section 26D2. of the
Act, after non submission of the application pursuant to Sub-rule (1), the
investigation of the land which has been cultivated by a tenant and has
been mentioned in the details prepared pursuant to Sub-section (1A) of
Section 13 of the Act and the land cultivated under tenancy shall be
prepared and after taking the details filled by the landowner and the
tenant, a separate inventory (lists) shall be prepared for the tallied and
non tallied details.
(3) The partition proceeding shall be made as according to the
inventory (list) prepared pursuant to Sub-rule (2) and even after making
investigation of necessary evidences if it deemed necessary to do so by
summoning the landowner and the tenant to be present as pursuant to
Section 26 D of the Act.
56 Inserted by Fourteenth Amendment.
57 Inserted by Fourteenth Amendment.
58 Inserted by Fourteenth Amendment.
(4) If a tenant has demanded for the partition of the land which
landowner has been died and the right to ownership still has not been
transferred (inherited) in the name of his/her heir (successor), the
partition shall be made after completing the proceedings prescribed in
the Act and these Rules.
(5) If the landowner has applied for the partition of the land in
such a situation that the tenant has been died and the tenant right still has
not been transferred (inherited) in the name of his/her heir (successor)
and the successors of the deceased tenant who live together and has
accepted after making presence, the partition shall be made as
accordingly after conducting required (necessary) investigation.
(6) While making the partition of the land cultivated by a tenant
as according to the Act or deleting the registered inventory pursuant to
the provision of the Act or as according to the decision of the court, the
deletion of the registered inventory shall be made after keeping the
inventory record pursuant to Schedule 16A and mentioning the brief
details in tenant registration book of Schedule 16 or in any other
evidence related to it and a letter mentioning the summary details shall
be sent to the land revenue office, and the landowner registration book
which remains in the land revenue office and landowner’s certificate for
ownership also has to be updated.
shall already pay the amount (price) of the land within the ninety days of
52 Inserted by Thirteenth Amendment.
53 Inserted by Thirteenth Amendment.
54 Inserted by Thirteenth Amendment.
55 Inserted by Thirteenth Amendment.
24
receiving of the notice about the making of a decision by the land reform
officer to set the land in the name of any one out of the landowner or the
tenant pursuant to Section 26e of the Act.
Provide that,
If the application of the concerned party has been submitted
mentioning the reasonable cause for being unable to pay the price
amount within that time the land reform officer may extend the time
period up to Thirty Five days.
(2) If the concerned party responsible for receiving the price
amount has not received or refused to receive, the party liable for paying
the amount shall deposit the price amount in the concerned land reform
office, mentioning the details within the Fifteen days of expiry of that
date.
(3) If the concerned party has deposited the price amount
pursuant to Sub-rule (2), the land reform officer shall send a notice in
the name of the concerned person to receive the price amount within the
Seven days, by depositing the amount in the deposit account.
(4) After receiving the notice pursuant to Sub-rule (3) the
concerned person shall provide a written notice in the land reform office
if there exists any reason (cause) for not to receiving the deposit amount
within Fifteen days, except than the time required for travel and if such
notice has not been received within the time period it shall be presumed
that the concerned person has agreed to receive that amount.
(5) If the person who is supposed to receive the amount pursuant
to Sub-rule (1), has submitted an application with required evidence, to
receive the deposit amount within two years of receiving of the notice
for receiving the amount pursuant to Sub-rule (3), the land reform office
after deducting at the rate of two percent (per hundred) of the deposit
amount, shall return the remaining amount to the concerned person.
25
Even within that time period, if nobody came to receive the deposit
amount then after the termination of the time period, that amount shall
be managed as according to the decision made by Government of Nepal.
(6) If the person liable to pay the amount pursuant to Sub-rule (1)
has not paid the amount within the time period or also has not keep the
deposit (deposited) in the land reform office pursuant to Sub-rule (2),
the person supposed to receive the amount may submit an application to
the concerned lad reform office to recover the amount, by making a bid
of the land that has to be partitioned.
(7) If any application has been received pursuant to Sub-rule (6)
the land reform office shall make the bidding of the land pursuant to
prevailing law and make recovery of the amount to the concerned
person. If the excess amount then the amount that has to be received by
the applicant has been received on making the bid of the land, such extra
amount shall be deposited in the deposit account of the land reform
office.
(8) The land reform office shall send a notice to the concerned
person to receive the amount that has been deposited in the deposit
account pursuant to Sub-rule (7). If the concerned person has submitted
an application with necessary evidence to receive the deposit amount as
according to the given notice, within the time period pursuant to Subrule
(5), the land reform officer shall return the remaining amount to the
concerned person after deducting the amount that comes at the rate of
two percent of the deposit amount. Even within that time period, if
nobody came to receive the deposit amount then after the termination of
the time period, that amount shall be managed as according to the
decision of the Government of Nepal.
26
56(9) If the notice has not been duly executed because of failing to
reveal the address or failing to find the address of the person who has
supposed to receive or liable to pay the deposit amount pursuant to this
Rule, a public notice mentioning all the details shall be published in a
national level newspaper.
57(10) Even after the publication of a notice pursuant to Sub-rule
(9), if nobody has come to receive the amount then it shall be managed
as according to the decision made by the Government of Nepal in
relation to such amount.
24g. Other provisions related to partition between landowner and
tenants : (1) The dissolution of the applications that has been received
pursuant to Section 26D1. of the Act shall be made by completing the
process of Sub-rule (2) of rule 24b.
(2) While making a partition pursuant to the Section 26D2. of the
Act, after non submission of the application pursuant to Sub-rule (1), the
investigation of the land which has been cultivated by a tenant and has
been mentioned in the details prepared pursuant to Sub-section (1A) of
Section 13 of the Act and the land cultivated under tenancy shall be
prepared and after taking the details filled by the landowner and the
tenant, a separate inventory (lists) shall be prepared for the tallied and
non tallied details.
(3) The partition proceeding shall be made as according to the
inventory (list) prepared pursuant to Sub-rule (2) and even after making
investigation of necessary evidences if it deemed necessary to do so by
summoning the landowner and the tenant to be present as pursuant to
Section 26 D of the Act.
56 Inserted by Fourteenth Amendment.
57 Inserted by Fourteenth Amendment.
58 Inserted by Fourteenth Amendment.
(4) If a tenant has demanded for the partition of the land which
landowner has been died and the right to ownership still has not been
transferred (inherited) in the name of his/her heir (successor), the
partition shall be made after completing the proceedings prescribed in
the Act and these Rules.
(5) If the landowner has applied for the partition of the land in
such a situation that the tenant has been died and the tenant right still has
not been transferred (inherited) in the name of his/her heir (successor)
and the successors of the deceased tenant who live together and has
accepted after making presence, the partition shall be made as
accordingly after conducting required (necessary) investigation.
(6) While making the partition of the land cultivated by a tenant
as according to the Act or deleting the registered inventory pursuant to
the provision of the Act or as according to the decision of the court, the
deletion of the registered inventory shall be made after keeping the
inventory record pursuant to Schedule 16A and mentioning the brief
details in tenant registration book of Schedule 16 or in any other
evidence related to it and a letter mentioning the summary details shall
be sent to the land revenue office, and the landowner registration book
which remains in the land revenue office and landowner’s certificate for
ownership also has to be updated.