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Chapter -5

Chapter -5 Conservation of National heritages and environment conservation zones
26. Procedure to be followed while preparing inventories:

(1) The concerned body shall issue a notice for the information of the general public mentioning the objects sites’ plants, animals, etc. to be incorporated in the inventory.
(2) In cases anyone has any reaction in respect to the objects, sites, plants, animal etc. mentioned in the notice published under Sub-Rule (1), he/she may file a complaint with the concerned body within Thirty days from the date of publication of the notice.
(3) In case any complaint is filed under Sub-Rule (2), upon conducting the investigation into such complaint, and in case such complaint is not filed after expire the of Thirty days the body shall prepare the inventory.

27. Marks Bounders to be maintained:

(1) For the purpose of identifying the objects or sites incorporated in the inventory the concerned body shall maintain marks or boundaries as required, on such objects or sites.
(2) The concerned body shall maintain updated particulars of the marks and boundaries maintained under Sub-Rule (1) as, well as the maps related thereto, and inform the scure to also the Ministry.

28. Prohibition to cause any loss or damage: Except with the approval of the concerned body no one shall take or cause to be taken any of the following act in respect to the objects sites, plants, animals etc. incorporated in the inventory or coming under national heritages:-
(a) To remove, alter or take any action which may cause any damage to any object, site, plant, animal etc.
(b) To gift away, sell or transfer ownership through relinquishment of title any object site, plant animal etc.
(c) To take into the national heritage conservation zone to any animal of the type which could harm any animal incorporated in the inventory,
(d) To take any other action in such a manner so as to cause any damage or destroy any object site plant animal, etc.

29. Complaints may be filed:

(1) Any person may file a complaint with the concerned body in cases where anyone causes loss or damage, in contravention of Rule 28, to any object, site, plant, animal etc. incorporated in the inventory or  coming under national heritages.
(2) In case it is found, that any loss or damage has been caused to any object, site, plant, animal etc. incorporated in the inventory in the course of an investigation into the complaint file under Sub-Rule (1), or in the case of an
investigation conducted by the concerned body on its own, the concerned body shall stop such activity immediately.

30. Actions prohibited inside environment conservation Zones:

(1) No person shall take or cause to be taken any of the following actions inside an environment conservation Zone:
(a) To damage, destroy, demolish, remove, block or cause harm or loss in any other manner to the natural heritages or secenary beauty, (b) To buy or sell, trade-in, hunt, or cause any harm to the wild life,

(c) To take any Acton in such manner which may cause adverse effect into the bio-diversity,
(d) To cut, fall, remove, block, uproot or cause any loss or harm to any plant,
(e) To damage, replace, destroy, remove or demolish any site of historic and cultural signification, or affix any poster or similar other document or picture in such site, or take otherwise any action which any case harm to such site,
(f) To use electric current or botanical or any other types of harmful chemicals into any river stream, rivulet, fountain, pond, lake or any other sources of water,
(g) To transform the genetic make-up through the any types of domestic animals,
(h) To excavate mines or remove minerals, boulders, soil, concrete or other materials,
(i) To operate hotels, lodges, public transport, health posts, schools, huts or similar other services,
(j) To enter into the environment conservation Zone without the permission of the authority empowered by the Ministry,
(k) To cause any loss or damage to any wire-fences, marks or signs or any other objects installed inside the environment conservation Zone.
(2) Notwithstanding anything contained in Sub-Rule (1), nothing contained there shall be deemed to prevent the execution of any function permitted by the
Ministry for the Management and development of the environment conservation
zone.

31. Prohibitions to conduct research without permission: No foreign organization or association, or any person or institution affiliated to it, may collect sample of any living being, bacteria and plant, and take any activity relating to research in bio- diversity without taking prior approval of the concerned body.

32. Application to be filed for permission :

(1) In cases where any foreign organization or association or any person or institution affiliated to it desires to
collect any sample relating to research in bio-diversity at any place within Nepal , it he/she shall submit an application to the concerned body for permission, mentioning the objectives thereof.
(2) In case an application is received pursuant to Sub-Rule (1), the concerned body shall conduct necessary investigations in that connection, and, in case it deems appropriate following such investigation, to grant permission to collect sample of any living being, bacteria or plant, and take any action relating to research in bio- diversity , grant such permission by prescribing necessary conditions.
(3) The concerned body shall inform the Ministry about any permission granted under Sub-Rule (2).

33. Prohibition to take actions in violation of conditions:

(1) No person or institute which has secured permission under Rule 32 shall take any action while collecting
samples of any living being bacteria or plant, and take any action relating to research in bio- diversity in any manner as to be in violation of the conditions prescribed by the concerned body.
(2) In case anyone is found to have taken any action in contravention of Sub-Rule (1) the concerned body shall stop such activity immediately.

 

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