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Chapter-10

Chapter-10

Provisions Relating to Unclaimed and Stray (Dariyaburdi) Timbers

46. Timber to Belong to Government of Nepal until Evidence in Support of Claim is Satisfactory:

(1) All timber flowing or thrown on the banks, obstructed or submerged in streams having markings or with any markings scrapped out, altered or worn out or erased in any way or without any markings, shall be considered to be the property of Government of Nepal unless the claim of a person is substantiated by the evidence .
(2) The Forest Officer may store the timbers pursuant to Sub-section (1) in any depot prescribed for the purpose of storage of unclaimed or stray (dariyaburdi) timber.
(3) Government of Nepal may by a notification published in the Nepal Gazette, exempt timber of any class or category from the provisions of Sub-section (1) and (2).

47. Notice Regarding Unclaimed and Stray (Dariyaburdi) Timber: The concerned District Forest Officer shall affix a notice containing full details and inventories of
the unclaimed or stray (dariyaburdi) timber collected pursuant to Sub-section (2)  Section 46 in the concerned Forest Office and any person claiming on such timber shall have to submit an application containing evidence of his/her entitlement to the above mentioned office within fifteen days.

48. Proceedings Upon the Claim:

(1) Upon the receipt of an application from any person pursuant to Section 47 the concerned Forest Officer shall, after making necessary investigation, decide whether the applicant’s claim is legitimate or not and shall give its notice to the applicant. If any person is proved to have rightful claim, such timber shall be handed over to him/her after realizing the expenses incurred on transporting or collecting it in the depot.
(2) Any person, who is not satisfied with the decision made by the Forest Officer pursuant to Sub-section (1) that he does not have rightful claim, may appeal to the concerned Regional Forest Director within fifteen days from the date of the receipt of the notice of such decision.
(3) No one is entitled to claim any compensation for any damage, against the environment of Nepal or forest officer, for denial of any claim or rejection to handover or lose of the timber .
(4) The District Forest Officer may sell and distribute As Prescribed any unclaimed or stray (dariyaburdi) timber in which the ownership is not sufficiently substantiated of any person.
48A. Fund to be deposited: (1) Fifty percent of amount received as per the sale of unclaimed or stray (dariya burdi) pursuant to Sub-section (4) of Section 48, shall be deposited to the fund of the District Development Committee and the remaining amount the consolidated Fund
(2) District Development Committee shall, out of the fifty percent amount deposited in the District Development fund pursuant to Sub- section
(1) expend in the planning and execution of the forest development activities within the district .

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