Lands Act, 1964

52B. To provide land to landless squatters (Sukumbasi): (1) Notwithstanding anything written in the prevailing law, the Government of Nepal shall, subject to sub-section (4), provide land once to landless squatters at the place they have been occupying and cultivating, or at any other government land deemed suitable by the Government of Nepal, not exceeding the prescribed area limit.

(2) If a landless squatter is found to have occupied and cultivated an area exceeding the prescribed area, the land exceeding that prescribed area shall, subject to this section, be provided to other landless squatters or used by the Government of Nepal for other purposes.

(3) Land provided to landless squatters under this section shall not be transferred to anyone by any process other than partition (Anshabanda) and in case of intestacy (Aputali) for ten years, and even after that period, such land shall not be transferred in any manner that would render it ownerless.

(4) Notwithstanding anything written elsewhere in this section, the following land shall not be provided when providing land under this section:-

(a) Land within areas of religious, cultural, or strategic importance,
(b) Land deemed necessary to protect from the perspective of natural disaster, disaster management, and environmental conservation,
(c) Public land, land on the banks of rivers, streams, or canals, land settled in hazardous locations, land in national parks or protected areas, land covered by trees and vegetation currently forest land, and land within road boundaries,
(d) Land required for the use of the Government of Nepal, Provincial Government, or Local Level, and
(e) Land in other places as prescribed.

(5) If any person or his family has been provided with government land or housing in any manner by the Government of Nepal, such person or family shall not be provided with land under this section.

(6) For the purpose of providing land under this section, the Government of Nepal may form a commission by publishing a notice in the Nepal Gazette to identify landless squatters and prepare a record, identify land, conduct field studies and prepare a record of land, collect evidence and provide land to them.

(7) The chairperson and members of the commission formed under sub-section (6), and the functions, duties, powers, and procedures of the commission shall be as prescribed at the time of formation.

(8) The commission formed under sub-section (6) shall also resolve problems seen in matters including the ownership or registration records or map certification of lands distributed by various commissions or task forces formed by decision of the Government of Nepal before the commencement of this Act.

(9) The Government of Nepal may form committees at the district level as necessary to assist, coordinate, and facilitate the work and proceedings of the commission under sub-section (6).

(10) Notwithstanding anything written elsewhere in this section, in urban areas including the Kathmandu Valley, the Government of Nepal may, as prescribed and as necessary, provide housing to landless squatters, arrange community settlements, or provide land through land development.

(11) Other provisions relating to providing land under this section shall be as prescribed.