Chapter – 2

Chapter – 2

Demarcation of Boundaries of National Forests and Other Provisions

3. Forest Boundaries: The District Forest Officer may demarcate the boundaries of the National Forests of concerned district and install the Forest Boundary Marks subject to the matters mentioned in this chapter.

4. Notice of Land Acquisition:

(1) While demarcating the boundaries of any National Forest pursuant to Section 3, in case any public land or private land belonging to any person and any house or hut constructed on such land within or adjoining a National Forest have to be incorporated within the Forest Boundaries for the protection of the Forest or its boundaries, the District Forest Officer shall have to affix a public notice with the reasons for taking such action and informing about the acquisition of such land at the residence of the concerned person as well as at the Office of the Village Development Committee or Municipality, the Revenue Office or Land Revenue Office and the place where the land is located in a way to be seen by the public.
(2) The following details shall also have to be mentioned in the notice pursuant to Sub-section (1):-
(a) Area of the land or house to be acquired and boundaries and category of the land,
(b) A notice informing the concerned persons who have ownership or possession to such land so that they may file a claim for compensation along with the evidence of their title or possession to the District Forest Officer within Seventy days after the affixture of the notice or after they get
information thereof, excluding the time required for the journey and that no complaint shall be entertained if they do not file an application within such time limit.

5. Complaints Against the Acquisition of House and Land:

(1) If a notice affixed regarding the acquisition of house and land pursuant to Sub-section (1) of Section 4, the concerned person who is not satisfied with such notice may file a complaint to the Committee within Thirty Five days after the affixture of the notice, excluding the times required for the journey.
(2) The committee shall take a decision after conducting necessary investigations into the complaint filed pursuant to Sub-section (1).
(3) The person who is not satisfied with the decision taken by the committee pursuant to Sub-section (2) may file an appeal to the Appellate Court within Thirty Five days from the date of receipt of such notice.

6. Amount of Compensation:

(1) The committee shall have to take the following matters into consideration while determining the amount of compensation for house and lands to be acquired under this Chapter:-
(a) Value of the house and land at the rate prevalent in the village/market, on the date when a notice is issued pursuant to Sub-section (1) of Section 4.
(b) In case standing corps and trees on such land are also to be acquired, the losses which the concerned person will suffer.
(c) In case the concerned person is compelled to quit his/her residence or the place of concern and shift elsewhere, reasonable expenses to be incurred while doing so.
(2) The District Forest Officer shall have to send a notice to the concerned person directing him to claim such amount, after the amount of compensation is determined pursuant to Sub-section (1).

(3) The person, who is not satisfied with the amount of compensation may file an appeal to the Ministry within Thirty Five days from the date of the receipt of the notice pursuant to Sub-section (2) . The decision taken by the Ministry on such appeal shall be final.
(4) The amount of compensation shall be deposited to the consolidated fund, if such amount is not taken within Five years from the date of receipt of the notice pursuant to Sub-section (2) or the decision taken pursuant to Sub- section (3).

7. Compensation to be Given: The District Forest Officer shall have to hand over the amount determined for the compensation pursuant to Sub-section (1) of Section
to the concerned person from the government fund.

8. Land to be Occupied: The District Forest Officer may take possession of such house and land after issuing a notice to the effect that the amount of compensation is determined pursuant to Sub-section (2) of Section 6 , and with effect from such date such house and land shall belong to the Government of Nepal.

9. Constitution of the Committee: For the purpose of this Chapter, a Committee shall be constituted as follows, in each District:-
(a) Chief District Officer -Chairperson
(b) A member designated by the District Development Committee – Member
(c) Chairperson of the concerned Village Development Committee or the Mayor of the Municipality – Member
(d) Land Revenue Officer – Member
(e) District Government Advocate -Member
(f) Chief of the Maintenance Survey Branch in the district -Member
(g) District Forest Officer or a Forest Officer designated by him -Member -Secretary

10. On the spot Enquiry to be made: If necessary, the District Forest Officer may conduct a local enquiry with the co-partner, contractor or mortgage creditor or the persons who have right to the houses or land that is to be acquired or persons cultivating the land and the rent, tax or profit on such land during the last Three years.

11. Restriction on Inclusion or Acquisition of Private Land within the Boundaries of National Forest: Notwithstanding anything contained elsewhere in this Chapter, any private land or house to be included within the boundaries of the National Forest or such land or house to be acquired, only subject to the following provisions:-
(a) Private land and the house built on that land outside the National Forest which has been registered according to the Law shall not be acquired except when it is essential to do so for the protection of National Forest or the boundaries thereof and in case such land and the house are to be acquired in such manner the land in excess of two bighas in the Tarai and four ropanis in the valley and the hilly region shall not be acquired without having a prior approval of Government of Nepal and land in excess of five bighas in the Tarai and ten ropanis in the valley and the hilly region shall in no circumstances be acquired unless the land owner has given his consent.
(b) Land and house, registered in the name of any person and surrounded on all sided by a National Forest or situated within a National Forest, may be acquired and included within the boundaries of the National Forest.

12. Acquisition of Entire Land: While taking action to acquire some parts of a land pursuant to this chapter , in case the owner of such land requests that the entire
house and land be acquired by Government of Nepal, and in case the applicant has only two bighas or less of land there, action shall not be taken to acquire only some parts thereof. The entire house and land must be acquired pursuant to this
Chapter.

13. District Forest Officer and Committee shall Exercise the Powers of a Court: Both the District Forest Officer and the Committee shall exercise the powers of a court pursuant to prevailing laws in respect to summoning the concerned persons and their witness, examining the evidence, prescribing dates for appearance and a document to be prepared by them for the purpose of taking decisions on any matter presented to them pursuant to this chapter.

14. Removal of Entries of Private land From the Records:

(1) In case the private land of any person is acquired pursuant to this Chapter and included within a National Forest, the District Forest Officer shall toward information to the local Revenue Office or Land Revenue Office mentioning full details of such acquired private land, including the area, boundaries and village etc. and the Land Revenue Office, on its part, shall take action to remove the entry of the Land Revenue or tax levied on such Land from the records and shall have to inform to the Department of Land Revenue of the Government of Nepal accordingly.
(2) The owner of any land whose entry is removed from the records pursuant to Sub-section (1) need not pay Land Revenue or any tax on such land with effect from the date when the land is included within a National Forest.

15. Force May be Used: If any person opposes or causes any obstruction to the District Forest Officer while carrying out any action pursuant to this Chapter or while taking possession of any house or land, he/she may carry out action and take possession of the house or land by using necessary force.

16. Land not to be Registered:

(1) No person shall register or cause to be registered land within the National Forest.
(2) Even in case the land mentioned in Sub-section (1) has beenregistered, such land cannot be claimed simply by virtue of such registration, which shall be ipso facto cancelled.
(3) In case any person had registered any part of a National Forest in his name in an illegal manner without the permission of Government of Nepal before the commencement of this Act, such registration shall be ipso facto cancelled after the commencement of this Act and the entry thereof shall be removed from the
records.

17. No Person to have any Rights in the National Forest: Except when any right or facility has been obtained through a lease or permit or in any other way from
Government of Nepal or the authority empowered by Government of Nepal, no person shall have any right or facility of any type in the National Forest.

18. Rights over the National Forest not to be sold: No person shall sell mortgage, gift, donate, exchange or otherwise alienate the right or facility that he/she has
obtained over the National Forests to any other, except according to an order of Government of Nepal.

19. Power to Close the Paths and Streams Within the National Forest: For the purpose of developing and conserving forest, Government of Nepal, or the
authority empowered by Government of Nepal, may close any private or public path or stream within the National Forest. Provided that, before such closure, alternative paths or streams which are equally convenient shall have to be made available as far as possible.