Chapter-13

Chapter-13

Miscellaneous

67. To be in the Land Ownership of Government of Nepal: The Community Forest, Leasehold Forest and Religious Forest pursuant to this Act shall be in the land ownership of Government of Nepal.

68. Power to use the Forest:

(1) Notwithstanding anything contained in this Act, in case there is no alternative except to use the Forest Area for the implementation of the plan having national priority and if there shall be no significant adverse effect in the environment while conducting such plan, Government of Nepal may give assent to use any part of the Government Managed Forest, Community Forest, Lease hold Forest or Religious Forest for the implementation of such plan.
(2) In case any damage is to be occurred to any person or community while giving assent to use the Forest pursuant to Sub-section (1), Government of Nepal shall have to make proper arrangements in this regard.
69. Technical Assistance to be Provided: In case any Users’ Group, Lease holder, religious body, group or community or the owner of the Private Forest demands technical assistance for the development and conservation of the Community Forest, Leasehold Forest, Religious Forest or Private Forest, the concerned District Forest Officer may provide such technical assistance.

70. Prohibition to Enter into the Forest Area: (1) In case it is necessary with a view to protect the Forest, the Prescribed Officer may, by publishing a notification,
prohibit the entrance into the whole area or any part of the National Forest or Protected Forest for a specified time. Provided that, it shall not be deemed to be prohibited to come and go through the path specified by the prescribed Officer.
(2) One who enters into the prohibited area violating the prohibition Order shall be punished with a fine upto Rupees Five Hundreds or an imprisonment upto
One month or both.

70A. Restriction may be imposed : Government of Nepal may impose restriction on collection, cutting, consumption, transportation sale, distribution or foreign export of the prescribed forest products for the protection of bio-diversity and environment upon publishing a notice in the Nepal Gazattee .

70B. Provision relating to Forest Armed Force :

(1) The Ministry may manage Forest Armed Force for the protection of protected and managed forest by the Government of Nepal .
(2) The provision relating to the appointment, conditions of service and facility of the Forest Armed Force pursuant to Sub-section (1), shall be as prescribed.
71. Saving for Acts Performed in Good-Faith: No Government employee shall be held liable personally for any acts performed by him/her in good-faith while
discharging his/her duties under this Act.

72. Power to Frame Rules: Government of Nepal may frame necessary Rules for carrying out the objectives mentioned in the different chapters of this Act.

73. Procedure in Case of Inconsistency of this Act with Other Laws: Matters which have been provided in this Act or the Rules framed thereunder shall be governed accordingly whereas the rest of the matters shall be governed by the
prevailing laws.

74. Repeal and Saving:

(1) The following Acts have been repealed:-
(a) Forest Act, 2018 (1961)
(b) Forest Conservation (Special Arrangements) Act, 2024 (1968)
(2) The acts done in accordance with the provisions of the Forest Act, 2018 (1961), Forest Conservation (Special Arrangement) Act, 2024 (1968) and Rules framed or Order issued thereunder shall be deemed to have been done pursuant to this Act