Chapter-2 Provisions Relating to Land Ownership, Land Use and Demarcation of Boundaries of National Forest

Chapter-2 Provisions Relating to Land Ownership, Land Use and Demarcation of Boundaries of National Forest

  1. Land ownership of national forest: (1) Land ownership of the national forest shall be vested in the Government of Nepal.

                        (2)        No land-use of the national forest area may be changed, possessory right of the national forest may be provided to any one or right in the national forest may be transferred by way of mortgage, exchange or otherwise, except with the decision by the Government of Nepal, Council of Ministers.

(3)        Other provisions relating to the change in the land-use of the forest area and provision of its possessory shall be as prescribed.

  1. Demarcation of boundaries of national forest: The Government of Nepal shall demarcate the boundaries of the national forest and inter-Provincial forest.
  2. Power to acquire land: (1) While demarcating the boundaries of any national forest, the Government of Nepal may, if so required for the protection of such forest, so demarcate by incorporating into the forest boundaries any such public land or private land belonging to any person and any building, hut, shed and other physical structures as well, constructed in such land that is within or adjoining the national forest.

                        (2)        The private land belonging to any person and any building, hut, shed and other physical structures as well constructed in that land having been incorporated into the forest boundaries pursuant to sub-section (1) shall be acquired in accordance with the prevailing law on land acquisition and compensation or damages thereof shall be provided.

(3)        Other provisions relating to the acquisition of the land incorporated into the forest boundaries shall be as per the prevailing law on land acquisition.

  1. Removal of entries of private land from records: (1) In case the private land of any person which is incorporated into the national forest is acquired and compensation or damages has been determined pursuant to this Chapter, the Divisional Forest Officer shall send a request, setting out the area, plot number of that land and the description relating to its boundaries to the Land Revenue Office and concerned Local Level for removal of its entries from the records.

                        (2)        If it is so requested pursuant to sub-section (1), the Land Revenue Office shall remove the entry of the land revenue of that land and the concerned Local Level shall remove the entry of tax levied on that land from the records and shall give information thereof to the Divisional Forest Office.

(3)        The Division Forest Office shall forward the description of removal from the records pursuant to sub-section (2) to the Ministry and Provincial Ministry.

  1. Land not to be registered: (1) No person shall register, or cause to be registered, land within the national forest.

(2)        If any person has got registered the land within the national forest, such land cannot be claimed simply by virtue of such registration, and such registration shall be deemed to have become ipso facto void.

(3)        In case any person had registered any part of the national forest in an illegal manner prior to the commencement of this Act, such registration shall also be ipso facto void after the commencement of this Act.

(4)        The Division Forest Officer shall immediately send a request to the Land Revenue Office for removal of entries of the land of which registration is voided pursuant to sub-sections (2) and (3) from the records and to the concerned Local Level for removal of the entry of tax. If it is so requested, the Land Revenue Office shall remove the entry of the land revenue of that land and the concerned Local Level shall remove the entry of tax levied on that land from the records within seven days and shall give information thereof to the Division Forest Office.

(5)        The Division Forest Office shall forward the description of removal from the records pursuant to sub-section (4) to the Ministry and Provincial Ministry.

  1. No person to have any right in the national forest: Except in cases where any right or facility has been obtained through a lease or permit or certificate or in any other way pursuant to this Act, no person shall have any kind of right or facility in the national forest.
  2. Power to prohibit entry into the forest area: (1) If it is seen necessary from the point of view of the protection of forest, the Division Forest Officer may, by publishing a public notice, prohibit entry into the whole or any part of the national forest for a certain time.

                        (2)        In prohibiting the entry pursuant to sub-section (1), paths may be set aside upon demarcating the boundaries for the movement of persons, and the paths so set aside may be used subject to the conditions set forth in the notice published pursuant to sub-section (1).

(3)        Notwithstanding anything contained in sub-section (2), no entry of any kind of domesticated quadruped may be made into the forest area in which entry is prohibited.

(4)        In prohibiting the entry pursuant to sub-section (1), regulation of entry may be made as prescribed in the case of the project operators having obtained permission from the Government of Nepal.

  1. Power to enforce land-use plan of national forest: In order to make sustainable protection and management of the forest and maintain the balance between the environment and development, the Government of Nepal may enforce, or cause to be enforced, a land-use plan as prescribed in any specific forest area.
  2. Management of national forest: (1) The Government of Nepal shall, in consultation with the Provincial Government, prepare an integrated or Province specific strategic plan for the management of the national forest within the Province and inter-Provincial forest.

(2)        The Provincial Government may, subject to the strategic plan referred to in sub-section (1), make necessary provisions for the protection, development and utilization of the national forest within the Province and Inter-Provincial forest.

(3)        The Division Forest Officer shall, subject to this Act, prepare a strategic plan of the national forest within his or her jurisdiction in a participatory manner, get it to be approved as prescribed and implement it.

(4)        The Government of Nepal may manage any area within the national forest as a national project relating to forest.

  1. No settlement or re-settlement may be made within forest area: (1) No forest area containing trees shall be used for the settlement or re-settlement.

                        (2)        In the case of the land in which settlement or re-settlement was made subject to the then prevailing law on forest, prior to the commencement of this Act, the trees lying since the provision of such land shall be under ownership of the Government of Nepal, and such trees shall be removed as prescribed.

  1. Management of wetlands: (1) The Government of Nepal shall protect, conserve, promote and manage wetlands in the national forest.

                        (2)        Ecological tourism development works may be carried out as prescribed in the wetlands referred to in sub-section (1).