Land Use Act, 2019

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act shall be called the "Land Use Act, 2076".

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Residential Area" means land on which houses used for human habitation are situated, and land used for a cowshed, granary, garage, stable, well, fruit orchard, kitchen garden, courtyard, or any other similar purpose, whether attached to the house or not, and the said term also includes any area designated for residence pursuant to the prevailing law.

(b) "Industrial Area" means a workplace or an industry producing goods, and land covered by buildings, houses, and sheds constructed for the operation thereof, including land set aside for such purpose, and the said term also includes a Special Economic Zone designated pursuant to the prevailing law with the objective of promoting industries in a specific geographical area.

(c) "Implementation Committee" means the Local Land Use Implementation Committee referred to in Section 20.

(d) "Agricultural Area" means land used or capable of being used for agricultural crop production, animal and bird rearing, farm house, pisciculture, apiculture, sericulture, including agricultural production, horticulture or forestry, herbs, and agro-forestry.

(e) "Mining and Mineral Area" means an area set aside for the purpose of excavation, production, purification, processing, and storage of mines and minerals pursuant to the prevailing law.

(f) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act.

(g) "Provincial Land Use Council" means the Provincial Land Use Council referred to in Section 16.

(h) "Land Use" means the use of land.

(i) "Land Use Zone" means a zone classified pursuant to Section 4.

(j) "Land Use Zoning Map" means a map prepared pursuant to Section 5.

(k) "Land Use Plan" means a plan prepared pursuant to Section 6 to systematize land use.

(l) "Land" means the surface of the earth, the part directly below the surface up to the center of the earth, and the part above the surface up to the limit of the earth's gravitational pull.

(m) "Ministry" means the Ministry of the Government of Nepal dealing with land management affairs.

(n) "Forest Area" means a forest area designated pursuant to the prevailing law.

(o) "Commercial Area" means land covered by buildings constructed for banks, cooperatives and financial institutions, shops, hotels, exhibition halls, petrol pumps, warehouses, cinema halls, health, communication, entertainment-related services, places for the purchase and sale of goods, institutions providing literary, scientific, technical services, information and consultation, or any other commercial purpose, including land set aside for such purpose, and land covered by tourism businesses, and the said term also includes an area designated pursuant to the prevailing law to expand the market in a specific geographical area.

(p) "Federal Land Use Council" means the Federal Land Use Council referred to in Section 14.

(q) "Area of Cultural and Archaeological Importance" means religious sites, rest houses (dharmashala), palaces of archaeological importance, and areas designated as being of cultural and archaeological importance pursuant to the prevailing law.

(r) "Area of Public Use" means schools, universities, hostels, cremation sites, roads, irrigation canals or channels, wells, ponds, rest places (chautari), public shelters (pati, pauwa), cow shelters (gaushala), parks, bus parks, airports, grazing lands (gauchar), playgrounds, and buildings, houses, sheds, places constructed for other public use, and land covered by such structures, and the said term also includes an area designated as an area of public use in a specific geographical area pursuant to the prevailing law.

(s) "Local Land Use Council" means the Local Land Use Council referred to in Section 18.