Forest Act, 2019

Explanation: For the purpose of this Section, "Nationally Priority Project" means a plan or project specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) Notwithstanding anything written in sub-section (1), if a province or local level, while operating any development plan or project, has no alternative other than using any part of a national forest, and if the environmental study conducted under prevailing law shows that operating such plan or project will not cause a significant adverse impact on the environment, it may, for the purpose of obtaining approval to use such part of a national forest for operating such plan or project, decide through the Provincial Council of Ministers that it is a priority project of the province or local level and request the Government of Nepal.

(3) Upon receipt of a request pursuant to sub-section (2), the Council of Ministers of the Government of Nepal may, subject to this Section, grant approval to use any part of a national forest for operating such plan or project.

(4) While allowing the use of any part of a national forest for the operation of a plan, project, or industry that has obtained approval pursuant to sub-section (1), the amount required as prescribed for arranging private land at least equal to the forest area to be used by such plan, project, or industry, for planting and raising trees on such land for five years, for planting trees at a rate of five times the number of trees to be removed during project operation and raising them for five years, shall be deposited in the Forest Development Fund pursuant to Section 45.

(5) Notwithstanding anything written elsewhere in this Section, for a plan, project, or industry operated by the Government of Nepal, a Provincial Government, a local level, or an entity majority-owned by the Government of Nepal, the amount required as prescribed for planting trees on an area at least equal to the forest area to be used and raising them for five years shall be deposited in the Forest Development Fund pursuant to Section 45.

(6) Notwithstanding anything written in sub-section (4), in the case of electricity transmission or distribution and communication service projects, if towers must be placed in any part of a national forest, an amount equal to ten percent of the amount determined pursuant to

(ग) If he sells or in any way hands over to another person any government or other's arms or ammunition under his charge,

(घ) If he absconds with arms or ammunition taken for his own use or held under his charge,

(ङ) If he directly or indirectly aids terrorist activities,

(च) If he provides or attempts to provide security-related information and news to unauthorized persons, institutions, or groups, or abets another to do so.

(२) An armed forest guard committing any of the following offenses shall be punished with imprisonment for a term ranging from two years to twelve years, depending on the gravity of the offense:-

(क) If, whether on duty or not, after knowing or having reasonable grounds to know that a person is an armed forest guard of a higher rank or an authorized officer related to security, he uses or attempts to use criminal force,

(ख) If, knowing of a conspiracy or attempt for armed rebellion, he fails to report or inform the officer of a higher rank as soon as possible,

(ग) If he in any way assists persons who poach forest produce or wildlife trophies or who commit forest-related offenses in collusion,

(घ) If he knowingly allows an accused person under his charge or control to escape or assists in his escape.

(३) An armed forest guard committing any of the following offenses shall be punished with imprisonment for a term up to two years, depending on the gravity of the offense:-

(क) If he consumes intoxicating substances during duty hours, or disobeys the order of his commander, or leaves the camp without permission,

(ख) If he acquires membership of any political organization or party, or participates in a rally or demonstration organized for a political purpose,

(ग) If he misuses, negligently loses, damages, or destroys arms, ammunition, vehicles, cash, or goods in kind under his charge,

(घ) If he absconds with property under his charge.

(४) If an armed forest guard in any manner loots or causes loss or damage to government, public, or private property, he shall be punished with an additional imprisonment of up to two years in addition to the punishment prescribed by the prevailing law.