Chapter-17 Miscellaneous

Chapter-17 Miscellaneous

  1. Afforestation and supply of forest products: The Government of Nepal may make provision as prescribed for the promotion of afforestation, and for the supply of timbers, woods as may be required for religious works, disaster management, building of houses, cremation of dead bodies and essential development and construction works.
  2. Power to specify points: The Government of Nepal may, by a notification in the Nepal Gazette, specify the points for import and export of forest products.
  3. Forest products-based industry to give information: An industry that uses forest products as raw materials shall, prior to its operation, give information about business potentiality and the goods and services to be produced to the concerned Division Forest Office.

                        Provided that this provision shall not apply to the enterprises which operate as micro and cottage enterprises in accordance with the prevailing law on industrial enterprises.

  1. Inter-Level Coordination: (1) The Government of Nepal may, in order to make effective the implementation of this Act, form an inter-level coordination committee consisting of representatives of the Ministry, concerned Provincial Ministry and concerned Local Level.

                        (2)        Other provisions relating to the committee referred to in sub-section (1) shall be as prescribed.

  1. Provisions relating to study, research: (1) The Ministry may provide any forest area to any body carrying out any research work related to forest for the purpose of research work.

                        Provided that in the case of the bodies under the Ministry carrying out study, research, the Department may provide a forest area.

                        (2)        The body to which any forest area has been provided pursuant to sub-section (1) shall use the forest area in a manner to achieve protection and development of such area.

(3)        Other provisions relating to the provision of forest area pursuant to this Section and study and research work shall be as prescribed.

  1. Power to declare forest seeds garden: The Government of Nepal may declare any part of national forest as a forest seeds garden.
  2. Power to pursue agro-forest system: Agro-forestry system may be pursued as prescribed in the land of forest area without changing the land use.

                        Explanation: For the purpose of this Section, the term “agro-forestry” mean the system of framing of food crops or fruits or grass-crops or fishery or livestock farming along with species of multi-year trees in the same land in an integrated manner.

  1. Power to impose restriction: The Government of Nepal may, by a notification in the Nepal Gazette, impose restriction on the collection, cutting, use, transportation, sale, distribution or export of the prescribed forest products for the purposes of protection of bio-diversity, any species or environment.
  2. 78. Saving for acts performed in good faith: No Government employee shall be held liable personally for any acts performed by him or her in good-faith while exercising the powers conferred by this Act.
  3. To give reward to informant: A body or person who gives information that any offence referred to in this Act is going to be committed or assists in arresting the offender shall be provided with a reward that is ten percent of the fine imposable on the offender.
  4. Monitoring and evaluation: (1) The Ministry or Department may, from time to time, carry out monitoring and evaluation as to the protection, development and use of forests to be made pursuant to this Act.

                        (2)        The Provincial Ministry shall, from time to time, carry out monitoring and evaluation as to the management of forests within the Province and submit a report thereof to the Ministry as well.

(3)        The Division Forest Officer shall carry out monitoring and evaluation of the forests managed by applying various forest management systems within the district and submit a report thereof to the Ministry and Provincial Ministry.

(4)        Other provisions relating to monitoring and evaluation shall be as prescribed.

  1. Delegation of power: The Government of Nepal may so delegate any of the powers conferred on it pursuant to this Act as to be exercisable by any body or authority under it.
  2. Prevailing law to govern: The matters set forth in this Act shall be governed by this Act, and other matters shall be governed by the prevailing law.
  3. Power to frame rules: The Government of Nepal may frame necessary rules for implementing this Act.
  4. Power to frame procedures or guidelines: The Government of Nepal may frame and enforce necessary procedures or guidelines for the implementation of this Act and the rules framed under this Act.
  5. Assessment as to implementation of the Act: The Ministry shall make assessment of impacts of the implementation of this Act after five years of the date of its commencement.
  6. Repeal and saving: (1) The Forests Act, 1993 (2049) is hereby repealed.

                        (2)        The acts and actions performed under the Forests Act, 1993 (2049) shall be deemed to have been performed under this Act.

  1. Transfer of cases: The cases, petitions, reports, and case-files related thereto, which are under consideration of the District Forest Officer pursuant to the Forests Act, 1993 (2049) shall be transfer to the case trying authority referred to in Section 67.