Chapter-1 Preliminary

Chapter-1 Preliminary

  1. Short title and commencement: (1) This Act may be cited as the “Forests Act, 2019 (2076).

(2)        This Act shall commence on the eighth day of the date on which it is authenticated.

  1. Definitions: Unless the subject or the context otherwise requires, in this Act:

(a)        “Trophy” means the live or dead body of a wildlife or any organ of its body which is in an identifiable condition, and this term also includes any substance of the body of a wildlife or any product prepared from mixture of such substance.

(b)        “Inter-Provincial forest” means a national forest which is situated in, geographically and naturally linked with and, from the point of view of the ecological system, interrelated with, more than one Provinces.

(c)        “Users’ group” means an users’ group formed pursuant to Section 31 for the management, conservation, management and utilization of the forest.

(d)       ‘Leasehold forest” means the national forest to be managed pursuant to Section 26.

(e)        “Non-forest products” means any other product of biological origin including a herb and wildlife or trophy of a wildlife, except timber or woods produced from the trees lying or generated in the forest or lying outside the forest.

(f)        “Marking” means any seal, sign or symbol to be affixed on any timber or standing tree.

(g)        “Division Forest Office” means the Division Forest Office under the Provincial Government.

(h)        “Divisional Forest Officer” means the chief of Division Forest Office who is deputed by the Government of Nepal under the prevailing law.

(i)         “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

(j)         “Religious forest” means the national forest handed over pursuant to Section 28.

(k)        “Private Forest” means a forest planted and nurtured or conserved in any private land owned by any person pursuant to the prevailing law.

(l)         “Province Forest Director” means the chief of the Province Forest Directorate.

(m)       “National forest within Province” means a national forest within the concerned Province which is different than an inter-Provincial forest.

(n)        “Provincial Ministry” means the Ministry of the Provincial Government which is responsible for forest-related matters.

(o)        “Ministry” means the Ministry of Forest and Environment of the Government of Nepal.

(p)        “National forest” means a forest, forest conservation area, community forest, partnership forest, religious forest, lease-hold forest, national forest within Province or inter-Provincial forest which is managed by the Government.

(q)        “Forest” means an area fully or partly covered by trees or plants (Buttyan).

(r)        “Forest products” means the following products which are contained or found in or brought from the forest:

(a)        Timber (wood) products,

(b)        Non-timber (wood) forest products, or

(c)        Boulder, soil, river and mineral substance.

(s)        “Forest conservation area” means the forest conservation area declared pursuant to Section 15.

(t)        “Forest boundary mark” means a pillar or signboard made of timber, stone, cement or any other material installed for the demarcation of the national forest boundaries, and this term also includes the forest boundary mark indicated in the maps prepared by surveying and measuring the lands pursuant to the prevailing laws.

(u)        “Forest management system” means the system followed for the management of national forest.

(v)        “Forest area” means any grass field, pasture land, naked hill whether or not covered with snow, road, pond, lake, stream, wetland, river, rivulets, riverine land, barren or area covered by uncultivated land, which is surrounded by, or situated within, the forest, whether not marked with the forest boundary, except that which is subject to private ownership, right and possession, and that with respect to which otherwise is provided by the prevailing laws.

(w)       “Environmental examination” means the brief environmental study, initial environmental examination and environmental impact assessment to be carried out pursuant to the prevailing laws.

(x)        “Environmental services” the following services obtainable from the ecological system of the forest area and benefits derived therefrom:

(1)        Carbon service,

(2)        Protection of bio-diversity,

(3)        Watershed and water-cycle system,

(4)        Such other products, services and benefits as prescribed.

(y)        “Department” means the Department of Forest and Soil Conservation under the Department.

(z)        “Government managed forest” means the forest managed by the Government pursuant to Section 14.

(aa)      “Armed forest guards” means armed forest guards holding various posts of the armed forest guard service constituted pursuant to Section 46.

(bb)      “Partnership forest” means the national forest to be managed in partnership between the Division Forest Office, Local Level and forest users pursuant to Section 23.

(cc)      “Community forest” means the national forest transferred to the users’ group pursuant to Section 18.

(dd)     “Local Level” means the Rural Municipality or Municipality.