chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Lands Act, 1964

Explanation: For the purpose of this section,-

(a) "Haphazard settler" means a person who has been living by building houses and huts, occupying and cultivating government fallow (Ailani), barren (Parti) land, or land recorded as forest in government records for a long time, classified according to sub-section (3), and the term also includes the dependent family members of such person.

(b) "Ailani land" means land that may or may not be registered in the name of the government, land that has been occupied and cultivated for a long time even if recorded as forest in government records, or land that was allowed to be occupied and cultivated at the relevant time. Added by the Eighth Amendment.52D. Penalties: If any person commits any of the following acts with the intention of obtaining land while providing land under section 52B or managing haphazard settlers under section 52C, the prescribed officer may impose the following penalties:-

(a) If the person has not provided his details or has submitted false details or records, but has not yet obtained land and structure, a fine of up to twenty-five thousand rupees.
(b) If it is proved that the person has obtained land or structure by not providing his details or by submitting false details or records, confiscation of such land or structure and a fine of up to one hundred thousand rupees or imprisonment for up to one year or both.
(c) A fine of up to twenty-five thousand rupees for anyone who writes false details and conducts a spot inspection (Sarjamin) or makes a false recommendation. 52E. To coordinate: When providing land under section 52B and managing haphazard settlers under section 52C, the Government of Nepal shall coordinate with the Provincial Government and the Local Level. 52F. To resolve problems relating to land ownership and possession: (1) For the purpose of investigating and making necessary recommendations to resolve problems relating to the ownership and release of attachments of lands that have been attached (Rokka) following suggestions given by a commission formed by decision of the Government of Nepal prior to the commencement of this section regarding the protection of government and public land, the Ministry may form a committee or task force by publishing a notice in the Nepal Gazette.

(2) Based on the recommendation given by the committee or task force under sub-section (1), the Ministry shall finalize the matter relating to the ownership and attachment of government and public land.

(3) Notwithstanding anything written in sub-section (1), if the Government of Nepal deems appropriate, the works under sub-section (1) may be carried out through the concerned body of the Government of Nepal.

(4) Provisions including the formation process, functions, duties,

3.
Lands Act, 1964

Commencement in the districts of (1) Morang, (2) Sunsari, (3) Siraha, (4) Dhanusha, and (5) Mahottari by the notice dated 2027.5.29.

(3) Agriculture (New Arrangements) Act, 2019. 4. Commencement in the districts of (1) Chitwan, (2) Rupandehi, (3) Kapilvastu, (4) Saptari, and (5) Dang by the notice dated 2029.5.20. 5. Commencement in the districts of (1) Ilam, (2) Udayapur, (3) Sindhuli, and (4) Surkhet by the notice dated 2031.4.25. 6. Notice of fixation of crop-share rates in 8 districts from the crop year 2031-032 by the notice dated 2030.6.29. 7. Commencement of Chapter 2 of the Land Related Act, 2021 in the districts of Panchthar, Dhankuta, Ramechhap, Tanahun, and Mustang from the date 2035.4.1 by the notice dated 2035.4.2. 8. Commencement of Chapter 2 of the Land Related Act, 2021 in the districts of Dadeldhura, Tehrathum, Kavrepalanchok, Dhading, and Myagdi from the date 2036.1.1 by the notice dated 2035.11.28. 9. Commencement of Chapter 2 of the Land Related Act in the districts of Makwanpur, Nuwakot, and Kaski by the notice dated 2036.8.15. 10. Commencement of Chapter 2 of the Land Related Act in Rasuwa district by the notice dated 2038.5.1. 11. Immediate commencement of Chapter 2 of the Land Related Act, 2021 in the districts of Salyan, Baglung, and Bhojpur by the notice dated 2040.4.1. 12. Immediate commencement of Chapter 2 of the Land Related Act, 2021 in the districts of Gorkha, Gulmi, and Syangja by the notice dated 2041.4.1. 13. Commencement of Section 3 of Chapter 2 of the Land Related Act, 2021 in the districts of Parbat, Arghakhanchi, and Darchula from the date 2043.4.1 by the notice dated 2043.4.6. 14. Commencement of Section 3 of Chapter 2 of the Land Related Act, 2021 in the districts of Lamjung and Khotang from Shrawan 1, 2045 by the notice dated 2045.2.3. 15. Specified that Chapter 2 of the Land Related Act, 2021 shall commence in the districts of Bajura and Dailekh from the same date by the notice dated 2051.4.1. 16. Specified that Chapter 2 of the Land Related Act, 2021 shall commence in Sankhuwasabha district from the same date by the notice dated 2052.5.1. 17. Specified that Chapter 2 of the Land Related Act, 2021 shall commence in Solukhumbu district from the same date by the notice dated 2053.7.1.

(b) Transformations: - (1) Words transformed by the Land Related (Fourth Amendment) Act, 2053: -

(a) "Panchayat" or "Local Panchayat" substituted by "Village Development Committee" or "Municipality".

(b) "Town Panchayat" substituted by "Municipality".

(2) Words transformed by the Some Nepal Laws Amendment Act, 2063: -

"His Majesty's Government" substituted by "Nepal Government".
Forest Act, 2019

Chapter-2
Provisions Relating to Land Ownership, Land Use, and Boundary Delineation of National Forests

3. Land Ownership of National Forests: (1) The land ownership of the national forest area shall vest in the Government of Nepal.

(2) Without a decision of the Council of Ministers of the Government of Nepal, the land use of the national forest area shall not be changed, nor shall the right of enjoyment of the national forest be provided to anyone, nor shall it be mortgaged, exchanged, or in any other manner transferred.

(3) Other provisions relating to changing the land use of the national forest area and providing the right of enjoyment shall be as prescribed. 4. Delineation of Boundaries of National Forests: The Government of Nepal shall delineate the boundary of the national forest within a province and the inter-provincial forest. 5. Power to Acquire Land: (1) While demarcating the boundary of a national forest, if necessary for the conservation of such forest, the Government of Nepal may include and demarcate public land or private land of any person located within that forest or adjacent to the boundary of that forest, along with the house, hut, shed, and other physical structures built on such land, within the forest boundary.

(2) The private land of any person included within the forest boundary pursuant to sub-section (1), along with the house, hut, shed, and other physical structures built on such land, shall be acquired in accordance with the prevailing law relating to land acquisition, and compensation or reimbursement therefor shall be provided.

(3) Other provisions relating to the acquisition of land falling within the forest boundary shall be according to the prevailing law relating to land acquisition. 6. Deletion of Records of Private Land: (1) Where private land of a person is included within a national forest pursuant to this Chapter, after acquiring such land and determining compensation or reimbursement, the Divisional Forest Officer shall send a letter to the Land Revenue Office and the concerned local level for deletion of the record, providing details of the area, plot number, and boundary of such land.

(2) Upon receipt of such letter pursuant to sub-section (1), the Land Revenue Office shall, within seven days, delete the land revenue record of such land, and the concerned local level shall delete the tax record of such land, and provide information thereof to the Division Forest Office.

(3) The details of the deletion of the record pursuant to sub-section (2) shall be sent by the Division Forest Office to the Ministry and the Province Ministry. 7.
Forest Act, 2019

7. Land Not to Be Registered: (1) No person shall register or cause to register land within a national forest.

(2) If any person has got land within a national forest registered, no claim shall lie on such land based on such registration, and such registration shall be deemed automatically void.

(3) If prior to the commencement of this Act, any person had unlawfully registered any part of a national forest, such registration shall also be automatically void after the commencement of this Act.

(4) For the deletion of the record of land whose registration has been voided pursuant to sub-sections (2) and (3), the Divisional Forest Officer shall immediately send a letter to the Land Revenue Office for deletion of the land revenue record and to the concerned local level for deletion of the tax record. Upon receipt of such letter, the Land Revenue Office shall, within seven days, delete the land revenue record of such land, and the concerned local level shall delete the tax record of such land, and provide information thereof to the Division Forest Office.

(5) The details of the deletion of the record pursuant to sub-section (4) shall be sent by the Division Forest Office to the Ministry and the Province Ministry. 8. No Person to Acquire Rights in National Forest: No person shall acquire any kind of right or privilege in a national forest, except by obtaining a lease, deed, or certificate pursuant to this Act, or by otherwise acquiring a right or privilege. 9. Prohibition of Entry into Forest Area: (1) If deemed necessary from the perspective of forest conservation, a Divisional Forest Officer may, by publishing a public notice, prohibit entry into the whole or any part of a national forest for a specified period.

(2) While prohibiting entry pursuant to sub-section (1), boundaries may be demarcated and a path may be left for human passage, and such demarcated path may be used subject to the conditions mentioned in the notice published pursuant to sub-section (1).

(3) Notwithstanding anything written in sub-section (2), no domestic livestock of any kind shall be allowed to enter a forest area where entry is prohibited.

(4) While prohibiting entry pursuant to sub-section (1), provision for regulating entry shall be made as prescribed for project operators who have obtained permission from the Government of Nepal. 10. Power to Implement Land Use Plan for National Forest: The Government of Nepal may implement or cause to implement a land use plan as prescribed in a specific forest area for sustainable forest conservation, management, and maintaining a balance between environment and development. 11.
Forest Act, 2019

10. Power to Implement Land Use Plan for National Forest: The Government of Nepal may implement or cause to implement a land use plan as prescribed in a specific forest area for sustainable forest conservation, management, and maintaining a balance between environment and development. 11. Management of National Forests: (1) The Government of Nepal shall, in consultation with the Provincial Government, prepare an integrated or province-wise strategic plan for the management of the national forest within a province and the inter-provincial forest.

(2) Subject to the strategic plan pursuant to sub-section (1), the Provincial Government may make necessary arrangements for the conservation, development, and utilization of the national forest within the province and the inter-provincial forest.

(3) The Divisional Forest Officer shall, subject to this Act, prepare a strategic plan for the national forest within his/her jurisdiction in a participatory manner, and shall get it approved as prescribed and implement it.

(4) The Government of Nepal may manage any area within a national forest as a national plan relating to forests. 12. No Settlement or Resettlement within Forest Area: (1) No forest area with trees shall be used for settlement or resettlement.

(2) In land settled or resettled prior to the commencement of this Act under the then-prevailing law relating to forests, the trees that existed at the time of providing such land shall remain under the ownership of the Government of Nepal, and such trees shall be removed as prescribed.

(3) A person who removes the trees referred to in sub-section (2) contrary to this Act shall be punished as if for an offense in a national forest. 13. Management of Wetland Area: (1) The Government of Nepal shall conserve, promote, develop, and manage wetland areas within the national forest area.

(2) In the wetland area pursuant to sub-section (1), activities relating to ecotourism development may be carried out as prescribed. Chapter-3
Provisions Relating to Government Managed Forest

14. Management of Government Managed Forest: (1) The Divisional Forest Officer may demarcate any part of a national forest and manage it as a Government Managed Forest, subject to the strategic plan approved by the Government of Nepal.

(2) Notwithstanding anything written in sub-section (1), national forests other than Forest Conservation Areas, Community Forests, Partnership Forests, Religious Forests, and Leasehold Forests shall be managed as Government Managed Forests.

(3) For the management of a Government Managed Forest, a work plan shall be approved and implemented as prescribed.

(4) The Government of Nepal shall prepare a strategic plan for inter-provincial forests. Chapter-4
Provisions Relating to Forest Conservation Area

15.
Forest Act, 2019

Chapter-4
Provisions Relating to Forest Conservation Area

15. Forest Conservation Area: (1) Subject to Section 11, the Ministry may, in consultation with the Province Ministry, by publishing a notice in the Nepal Gazette, demarcate any part of the following national forests and the related peripheral area, prepare a special work plan, and declare it as a Forest Conservation Area:-

(a) Of national and international environmental, ecological, scientific, or cultural importance,

(b) Found sensitive from the perspective of watershed conservation,

(c) Necessary for the conservation and management of forests, vegetation, and wildlife outside protected areas, or

(d) Found suitable for the development of ecotourism. Explanation: For the purpose of this Section, "Peripheral Area" means the community, area, and natural resources interrelated with the forest.

(2) The work plan approved pursuant to sub-section (1) shall be implemented by the Division Forest Office. 16. Management of Forest Conservation Area: (1) In the national forest area within a Forest Conservation Area, one or more forest management regimes may be adopted based on the zonal situation.

(2) Notwithstanding anything written elsewhere in this Act, while preparing the work plan of a national forest being managed under other forest management regimes located within a Forest Conservation Area, it shall be prepared subject to the work plan pursuant to sub-section (1) of Section 15.

(3) The distribution of dividends obtained from the management of the Forest Conservation Area pursuant to sub-section (2) shall be according to the prevailing law relating to the National Natural Resources and Finance Commission.

(4) The Government of Nepal may declare a Forest Conservation Area as a biological corridor for wildlife. 17. Areas Converted into Forest Conservation Area: (1) Protected forests existing at the time of the commencement of this Act shall be deemed automatically converted into Forest Conservation Areas after the commencement of this Act.

(2) Upon conversion into a Forest Conservation Area pursuant to sub-section (1), the existing forest management regime at the time of the commencement of this Act shall not be deemed to be adversely affected. Chapter-5
Provisions Relating to Community Forest

18.
Forest Act, 2019

Chapter-5
Provisions Relating to Community Forest

18. Handover of Community Forest: (1) If a consumer group formed pursuant to Section 31 wishes to manage any part of a national forest as a Community Forest, with the right to develop, conserve, utilize, manage, independently determine the price of forest produce, and sell and distribute it, the group shall submit an application along with a work plan to the Division Forest Office.

(2) The Divisional Forest Officer shall examine the work plan pursuant to sub-section (1) and, if found appropriate, approve it.

(3) Upon approval of the work plan pursuant to sub-section (2), the Divisional Forest Officer shall provide a certificate relating to forest handover to the consumer group pursuant to sub-section (1) in the format as prescribed.

(4) For the purpose of sub-section (1), the Divisional Forest Officer may provide necessary technical and other assistance to form a consumer group and prepare a work plan with the participation of consumers.

(5) Based on the desire and need of the consumer group, in order to make forest management work effective, the consumer group may prepare or amend the work plan of the Community Forest as needed, in consultation with the concerned local level. Before implementing the work plan so prepared or amended, the consumer group shall inform the Divisional Forest Officer thereof.

(6) If it appears that the work plan prepared by the consumer group or the amendment made thereto pursuant to sub-section (5) may cause a significant adverse impact on the environment, the Divisional Forest Officer may, within thirty days from the date of receiving information of such work plan or amendment, direct the consumer group not to implement such work plan or amendment, and it shall be the duty of the consumer group to comply with such direction.

(7) The consumer group may operate forest enterprises specified in the work plan approved by the Division Forest Office and ecotourism programs as prescribed.

(8) Pursuant to sub-section (7), the consumer group may use the forest area for ecotourism development as prescribed.

(9) The consumer group may, by agreement, allocate any part of the Community Forest to consumers below the poverty line for income generation through the development, conservation, and utilization of the Community Forest, as prescribed. 19.
Forest Act, 2019

19. Community Forest May Be Taken Back: (1) If the consumer group fails to carry out activities according to the work plan in the Community Forest handed over pursuant to Section 18, or commits any act that causes a significant adverse impact on the environment, or fails to comply with the conditions required to be observed under this Act and the rules made under this Act, the Divisional Forest Officer may decide to cancel the registration of such consumer group and take back such Community Forest, as prescribed. Provided that, before deciding to cancel the registration of such consumer group and take back the Community Forest, such consumer group shall be given a reasonable opportunity to present its defense.

(2) A forest consumer group dissatisfied with the decision made by the Divisional Forest Officer pursuant to sub-section (1) may lodge a complaint with the Province Forest Director within thirty-five days. The decision made by the Province Forest Director on such complaint shall be final. 20. Community Forest May Be Re-handed Over: (1) If the decision made to take back a Community Forest pursuant to sub-section (1) of Section 19 is canceled by the Province Forest Director upon complaint lodged pursuant to sub-section (2) of the same Section, the Divisional Forest Officer shall re-hand over such Community Forest to the same consumer group.

(2) If no complaint is lodged under sub-section (2) of Section 19 against the decision made under sub-section (1) of that Section, or if such complaint is lodged and the decision is upheld, the Divisional Forest Officer shall, after completing the process pursuant to Section 18, reorganize the consumer group and hand over that Community Forest. 21. Punishment for Acting Contrary to Work Plan: (1) If a consumer does any act contrary to the work plan in a Community Forest, the concerned consumer group may impose a fine on him/her, and if any loss or damage is caused by such act, an amount equal to the loss may be recovered as compensation.

(2) If the consumer group itself is unable to take action pursuant to sub-section (1), the group may recommend to the Division Forest Office for action, and upon such recommendation, the Divisional Forest Officer may impose such fine.

(3) The fact that a fine has been imposed pursuant to sub-section (1) shall not be deemed to prevent action against such person under prevailing law. 22.
Forest Act, 2019

22. Expenditure Required for Forest Development: (1) Out of the annual income earned by the consumer group according to the work plan, at least twenty-five percent shall be spent on the development, conservation, and management of the forest, and out of the remaining amount, at least fifty percent shall be spent on poverty alleviation, women empowerment, and enterprise development activities in coordination with the concerned local level.

(2) The amount remaining after spending pursuant to sub-section (1) shall be used for the benefit of the consumer group. Chapter-6
Provisions Relating to Partnership Forest

23. Partnership Forest: (1) The Province Ministry may, on the recommendation of the Divisional Forest Officer, subject to Section 11, manage any part of a Government Managed Forest as a Partnership Forest, in partnership among the Division Forest Office, the local level, and forest users, as prescribed, for the following purposes:-

(a) To support the economy by developing and sustainably managing the forest,

(b) To involve traditional users located near or far from the forest area in forest conservation activities and to arrange for the supply of forest produce to such users,

(c) To enhance the productivity of the forest area and utilize vacant areas,

(d) To conserve and promote biodiversity and watershed areas,

(e) To improve the livelihood of users.

(2) For the management of a Partnership Forest, the Divisional Forest Officer shall, in consultation with the local level and the Partnership Forest User Group as prescribed, prepare a work plan and submit it to the Province Forest Directorate, and the Province Forest Director may approve such work plan.

(3) The responsibility for implementing the work plan approved pursuant to sub-section (2) shall lie with the Division Forest Office, the local level, and the Partnership Forest User Group pursuant to Section 24.

(4) If the partners pursuant to sub-section (1) fail to carry out activities according to the work plan, or commit any act that causes a significant adverse impact on the environment, or fail to comply with the conditions required to be observed under this Act and the rules made under this Act, the Province Ministry may terminate such Partnership Forest management regime, and such forest shall automatically be managed as a Government Managed Forest. Provided that, before deciding to cancel the registration of such user group and take back the Partnership Forest, such user group shall be given a reasonable opportunity to present its defense. 24. Formation of Partnership Forest User Group: For the development and conservation of a Partnership Forest and for managing the forest produce received by users from such forest, the concerned traditional users falling within the Partnership Forest management area may form a Partnership Forest User Group. 25.
Forest Act, 2019

24. Formation of Partnership Forest User Group: For the development and conservation of a Partnership Forest and for managing the forest produce received by users from such forest, the concerned traditional users falling within the Partnership Forest management area may form a Partnership Forest User Group. 25. Use and Sale-Distribution of Forest Produce from Partnership Forest: (1) The distribution of timber, firewood, and non-timber forest produce produced from a Partnership Forest shall be as prescribed.

(2) The Partnership Forest User Group may, giving priority to internal consumption, set aside only the remaining forest produce to be sent outside the group from the forest produce received by the group from the implementation of the Partnership Forest management work plan.

(3) Out of the amount received from the sale and distribution of forest produce received by the user group from the Partnership Forest, at least twenty-five percent shall be spent on the development, conservation, and management of the forest, and out of the remaining amount, at least fifty percent shall be spent on poverty alleviation, women empowerment, and enterprise development activities in coordination with the concerned local level.

(4) The amount remaining after spending pursuant to sub-section (3) shall be spent for the benefit of the user group. Chapter-7
Provisions Relating to Leasehold Forest

26. Provision of Leasehold Forest: (1) The Government of Nepal may, for the following purposes, provide any part of a national forest that has deteriorated status as a Leasehold Forest to any organized institution established pursuant to prevailing law, by agreement as prescribed:-

(a) To produce raw materials required for forest-based industries,

(b) To increase the production of forest produce through plantation and to sell, distribute, or utilize it,

(c) To operate agroforestry crops or livestock farms to conserve and develop the forest,

(d) To operate insect, reptile, and wildlife farms or gardens to conserve and develop the forest,

(e) To operate ecotourism business to conserve and develop the forest. Explanation: For the purpose of this Section, "Forest with Deteriorated Status" means a forest with less than twenty percent crown coverage.

(2) Notwithstanding anything written in sub-section (1), the Division Forest Office may prepare a work plan for poverty alleviation of people living below the poverty line and provide forest area as a Leasehold Forest to a group of such people to operate income-generating programs that conserve and develop the forest. 27.
Forest Act, 2019

27. Leasehold Forest May Be Taken Back: (1) If any party to the agreement or any other person does any act contrary to the work plan in a Leasehold Forest or causes loss or damage to the forest, the Divisional Forest Officer may decide to take back such Leasehold Forest as prescribed, and the person, organization, or community doing such act shall be punished as if for an offense in any other national forest. Provided that, before deciding to take back such Leasehold Forest, the concerned party shall be given a reasonable opportunity to present its defense.

(2) A party dissatisfied with the decision made by the Divisional Forest Officer to take back the Leasehold Forest pursuant to sub-section (1) may lodge a complaint with the Director General of the Department within thirty-five days from the date of the decision.

(3) The decision made by the Director General of the Department regarding the complaint lodged pursuant to sub-section (2) shall be final.

(4) Notwithstanding anything written elsewhere in this Section, if any act detrimental to forest conservation is done in the forest area provided pursuant to sub-section (2) of Section 26, the Government of Nepal may decide to take back such Leasehold Forest at any time, and the forest so taken back shall be managed as a Government Managed Forest. Chapter-8
Provisions Relating to Religious Forest

28. Religious Forest: (1) The Divisional Forest Officer may hand over the national forest area surrounding a religious site that has existed since time immemorial to any religious body, group, or community established pursuant to prevailing law for the conservation of such site and surrounding forest as a Religious Forest.

(2) The mere fact that such forest has been handed over for conservation pursuant to sub-section (1) shall not be deemed to transfer rights in the name of such religious body, group, or community. 29. Use of Forest Produce in Religious Forest: (1) Forest produce located in a Religious Forest may be used only for religious purposes by the concerned religious body, group, or community. Provided that, forest produce obtained during the construction and operation of development plans within the Religious Forest area may be sold and distributed in coordination with the Division Forest Office and the local level.

(2) While using forest produce pursuant to sub-section (1), trees shall not be felled in a manner that causes a significant adverse impact on the environment, or causes public loss or damage, or may cause soil erosion in a watershed area. 30.
Forest Act, 2019

30. Religious Forest May Be Taken Back: (1) If the concerned religious body, group, or community does any act contrary to Section 29 in the Religious Forest entrusted pursuant to Section 28, or fails to carry out the required activities in the Religious Forest, or fails to comply with matters required to be observed under this Act or the rules made under this Act, the Divisional Forest Officer may decide to take back such Religious Forest. Provided that, before deciding to take back the Religious Forest, the concerned religious body, group, or community shall be given a reasonable opportunity to present its defense.

(2) A person, religious body, group, or community dissatisfied with the decision made by the Divisional Forest Officer pursuant to sub-section (1) may lodge a complaint with the Province Forest Director within thirty-five days from the date of receipt of notice.

(3) The decision made by the Province Forest Director regarding the complaint received pursuant to sub-section (2) shall be final. Chapter-9
Provisions Relating to Formation of Consumer Group

31. Formation of Consumer Group: (1) Consumers concerned with a forest who wish to conserve, develop, and manage that forest and utilize forest produce for collective benefit may form a consumer group as provided in this Act.

(2) Consumer groups formed pursuant to sub-section (1) shall be registered with the concerned Division Forest Office as prescribed.

(3) For registration pursuant to sub-section (2), the concerned consumer group shall submit an application along with its constitution.

(4) The consumer group shall, within three months of the end of each fiscal year, submit an annual report of its activities, including financial details and the condition of the forest as prescribed, to the concerned local level and the Division Forest Office. 32. Consumer Group to be an Organized Institution: (1) A consumer group shall be a self-governing and organized institution with perpetual succession.

(2) The consumer group shall have its own separate seal.

(3) The consumer group may, like an individual, acquire, possess, sell, or otherwise manage movable and immovable property.

(4) The consumer group may, like an individual, sue and be sued in its own name. 33.
Forest Act, 2019

33. Fund of Consumer Group: (1) The consumer group shall have its own separate fund.

(2) The following amounts shall be deposited in the fund pursuant to sub-section (1):-

(a) Grant amounts received from the Government of Nepal, Provincial Government, and local level,

(b) Grant or assistance amounts received from any domestic person or institution,

(c) Amounts received by the consumer group from the sale and distribution of forest produce,

(d) Membership fees of the consumer group and amounts received from fines imposed by the consumer group.

(3) Expenses to be incurred on behalf of the consumer group according to the work plan shall be borne from the fund pursuant to sub-section (1).

(4) If loss of life or property of a member of such group occurs due to wildlife in the forest managed by the consumer group, relief shall be provided to the affected person from the fund pursuant to sub-section (1).

(5) The operation of the fund pursuant to sub-section (1) shall be as prescribed. 34. Power to Operate Forest Enterprise and Ecotourism Programs: (1) The consumer group may, by adopting the procedure as prescribed, operate forest enterprises and ecotourism programs specified in the approved work plan on its own or in partnership with the local level, organizations, the private sector, or cooperatives. Explanation: For the purpose of this Section, "Forest Enterprise" also denotes wildlife farming.

(2) The mere fact that a partnership has been made in the operation pursuant to sub-section (1) shall not be deemed to transfer the liability of the consumer group.

(3) While establishing and operating a forest enterprise pursuant to sub-section (1), a work plan shall be prepared and operated based on the standards specified by the Ministry.

(4) Notwithstanding anything written in sub-sections (1) and (2), if during the operation of ecotourism programs, physical infrastructure is constructed contrary to prevailing law and forest work plan, resulting in a change of land use of the forest area, the group or organization causing or allowing such change shall be liable to action under this Act.

(5) Other provisions relating to granting permission for operating forest enterprises and ecotourism programs pursuant to sub-section (1) and operating such programs shall be as prescribed. Chapter-10
Provisions Relating to Forest on Private and Public Land

35.
Forest Act, 2019

Chapter-10
Provisions Relating to Forest on Private and Public Land

35. Registration of Private Forest: (1) Any person or institution wishing to register a private forest shall submit an application to the concerned local level with a recommendation from the Division Forest Office or Sub-Division Forest Office.

(2) Upon receipt of an application pursuant to sub-section (1), after necessary inquiry, the concerned local level shall register the private forest and issue a certificate.

(3) The local level shall inform the concerned Division Forest Office about the registration of the private forest pursuant to sub-section (2).

(4) Private forests under this Act shall not be nationalized. 36. Management of Private Forest: (1) The owner of a private forest may develop, conserve, and manage the private forest, and may utilize forest produce or determine the price and sell and distribute it.

(2) Upon the request of the owner of a private forest, the Division Forest Office or Sub-Division Forest Office may provide necessary technical and other assistance for the work pursuant to sub-section (1).

(3) If it is necessary to collect and transport forest produce from a private forest or private homestead for commercial purposes, approval shall be obtained from the concerned local level.

(4) Notwithstanding anything written in sub-section (3), if it is necessary to collect and transport forest produce from one local level to another local level for commercial purposes, approval shall be obtained from the concerned Division Forest Office.

(5) If it is necessary to collect and transport forest produce from one local level to another local level within a district for domestic purposes, approval shall be obtained from the local level from which the collection and transport is to be done, and if it is necessary to collect and transport forest produce from one district to another district, approval shall be obtained from the Division Forest Office of the district from which the collection and transport is to be done.

(6) The Government of Nepal may provide facilities as prescribed to the private forest owner.

(7) Any person, institution, group, or community may, subject to prescribed standards, engage in agroforestry, herbal farming, and wildlife farming. 37.
Forest Act, 2019

37. Provisions Relating to Forest Development on Public Land: (1) Subject to this Act, the local level may develop, conserve, and manage forests on public land and may utilize and sell-distribute forest produce.

(2) For the work pursuant to sub-section (1), the Division Forest Office or Sub-Division Forest Office shall provide necessary technical and other assistance to the local level.

(3) Trees planted along roadsides, canals, and paths, and trees providing shade on paths, and trees planted at rest stops, water spout sources, religious sites, or other similar sensitive places may be felled or removed after completing the procedure as prescribed. 38. Development and Management of Urban Forest: (1) The local level may develop and manage urban forest in urban areas and settlements within its jurisdiction, in places such as public roads and parks, on its own or in partnership with any organization or the private sector.

(2) The Division Forest Office or Sub-Division Forest Office shall provide necessary technical assistance for the development of the urban forest established pursuant to sub-section (1).

(3) The forest produce of the urban forest established pursuant to sub-section (1) may be used by the concerned local level as prescribed. Chapter-11
Provisions Relating to Unclaimed Timber

39. Management of Unclaimed Timber: (1) Unless any person proves their right thereto, the ownership of timber brought by a river or stream, stranded, lodged, or submerged, or timber in an unclaimed state shall vest in the Provincial Government.

(2) The management of timber pursuant to sub-section (1) shall be as prescribed. 40. Proceedings upon Claim: (1) If any person claims ownership of timber in an unclaimed state pursuant to Section 39, along with proof, and if the claim of such person appears admissible, such timber shall be handed over to him/her.

(2) Other provisions relating to claims on unclaimed timber and proceedings thereof shall be as prescribed. Chapter-12
Provisions Relating to Development Projects

41. Land Use of Forest Area Not to be Changed: No part of a national forest shall be used in a manner that changes the land use of the forest area. Provided that, this provision shall not apply in the case of a forest area provided to any project for infrastructure development pursuant to a decision of the Government of Nepal. 42.
Forest Act, 2019

Chapter-15
Offenses and Punishment

49. Offense: Unless otherwise provided in this Act or the Rules made under this Act, if any person commits or causes to commit, or attempts to commit, any of the following acts, he shall be deemed to have committed an offense under this Act:-

(क) If he registers or causes to register land within a national forest contrary to Sub-section (1) of Section 7,

(ख) If he enters an area prohibited under Section 9,

(ग) If he does or causes to do any act of clearing national forest, or plowing, digging, mining, cultivating, building roads or other infrastructure, constructing houses or huts, operating a business, or encroaching upon land in a forest area,

(घ) If he sets fire to a national forest or does any act that may cause a fire,

(ङ) If he allows livestock to enter or graze within a prohibited forest area,

(च) If he removes, transports, sells, or distributes forest produce from a national forest area, or removes or steals forest produce kept at a depot,

(छ) If he cuts trees or plants, lopps branches, extracts resin or bark, or in any way damages trees or plants in a national forest area,

(ज) If, while cutting, felling, skidding, or taking trees outside the forest area with authorization, he negligently damages any other forest produce,

(झ) If he extracts stones, gravel, sand, or soil from a river flowing from a forest area, burns lime or shells, or makes or collects other finished goods from these materials, or extracts or collects minerals,

(ञ) If he violates the conditions of a permit obtained for taking forest produce and causes damage to forest produce,

(ट) If he exports forest produce the export of which is prohibited,

(ठ) If he uproots, moves, alters, erases, or damages forest boundary marks,

(ड) If he forges stamps or marks, or alters, damages, or erases government stamps or marks affixed to timber or standing trees,

(ढ) If he cuts, breaks, uproots, or in any other way damages plants in a nursery or planted trees,

(ण) If he damages or steals posts, wire fences, or other such property in a nursery or plantation area,

(त) If he hunts, keeps, transports, or sells or distributes wildlife trophies,

(थ) If a forest-based industry keeps forest produce contrary to the prevailing law,

(द) If an office bearer or member of a consumer group misappropriates fund money in the name of the group's interest, or does any act contrary to the group's constitution and work plan,

(ध) If he does any other act contrary to this Act and the Rules made under this Act. 50.
Forest Act, 2019

51. Punishment for seizing or arresting with intent to harass: If any employee or security personnel engaged in forest-related work, without reasonable cause, seizes goods or arrests any person out of spite or with intent to harass, such employee shall be fined up to fifty thousand rupees. 52. Punishment for obstructing the discharge of duty: If any person obstructs a government employee in the discharge of his official duty under this Act, such person shall be punished with a fine of up to five thousand rupees or imprisonment for up to three months or both. 53. Punishment for helping an offender to escape: A person who helps an offender under this Act to escape shall be liable to the same punishment as the offender. 54. Punishment for abetment or collusion: A person who abets or colludes in committing an offense under this Act shall be liable to half the punishment prescribed for the offender. 55. Punishment for attempt to commit an offense: A person who attempts to commit an offense under this Act shall be liable: if the attempt relates to an offense concerning protected wildlife under the prevailing law on wildlife conservation, to the same punishment as the offender; and if the attempt relates to other offenses, to half the punishment prescribed for the offender. Chapter-16
Investigation and Procedure of Offenses

56. Taking necessary action to prevent offense: If there is suspicion that a person is about to commit an offense punishable under this Act, or if a person is found in the act of committing an offense, an employee or security personnel engaged in forest-related work shall make arrangements to prevent such offense and may use necessary force for that purpose. 57.
Forest Act, 2019

57. Special powers: (1) While arresting an offender involved in a forest or wildlife offense under this Act, within or outside the forest area, if there is a mob causing obstruction to prevent the arrest or, even after arrest, to rescue and take away the offender, or if a situation arises where the life of the arresting person is at risk and it becomes unavoidable to use a weapon, then, by order of the Divisional Forest Officer, an employee or security personnel deployed for forest security may fire below the knee.

(2) Even if a person has cultivated land in a national forest area or built a house or hut on such land, the Divisional Forest Officer or a Forest Officer or Forest Assistant designated by him may remove such cultivation or demolish the house or hut, and may also confiscate the crops sown in such area.

(3) Notwithstanding anything contained in Sub-section (2), the provisions of that sub-section shall not affect any other punishment under this Act. 58. Power to arrest: (1) If a person needs to be arrested in the course of investigation of any offense under this Act, the investigating officer shall submit an application for permission to arrest, stating the reason and details identifying such person, to the adjudicating officer.

(2) If the reason for arrest appears reasonable from the application under Sub-section (1), the adjudicating officer may grant permission to issue an arrest warrant.

(3) A person for whom an arrest warrant has been issued under Sub-section (2) shall be arrested by the investigating officer, forest employee, or security personnel and produced before the adjudicating officer within twenty-four hours, excluding the travel time.

(4) Notwithstanding anything contained in Sub-section (1), if the person committing the offense is not arrested immediately and there is reasonable cause to believe that such person may escape or abscond or destroy evidence or proof, or if a person absconding in connection with an offense is found, or if a person is found in the act of committing an offense, the investigating officer, forest employee, or security personnel may immediately issue an emergency arrest warrant, arrest such person, and produce him along with the arrested person before the adjudicating officer for approval.
Forest Act, 2019

Provided that if the person to be arrested is a woman, a female forest employee or female security personnel shall be utilized as far as possible.

(5) If the investigation regarding a person arrested in connection with an offense cannot be completed within twenty-four hours and it appears necessary to keep him in custody for continuation of the investigation, the investigating employee shall produce him before the adjudicating officer and keep him in custody only with the permission of the adjudicating officer. While seeking permission accordingly, the charge against the person in custody, its basis, the reason for keeping him in custody for further investigation, and if his statement has been recorded, the substance of the statement shall be clearly stated.

(6) If permission to keep in custody is requested under Sub-section (5), the adjudicating officer shall examine the relevant documents, consider whether the investigation is proceeding satisfactorily, and if it appears that the investigation is being conducted satisfactorily, may grant permission to keep in custody for a maximum of twenty-five days, in installments. 59. Power of search: (1) If there is reasonable cause to believe that an offense punishable under this Act has been committed, a forest technical employee of at least Non-Gazetted Second Class or an employee of the rank of Assistant Sub-Inspector of Police may search any place in accordance with the prevailing law. Explanation: For the purpose of this section, "place" means a permanent or temporary building or shed, and the word also denotes open land, tents, boats, and various types of vehicles.

(2) A person conducting a search under Sub-section (1) shall, before entering the place, give notice to the owner of the place to be searched or the person then using the place, stating the reason for the search, and shall then conduct the search.

(3) When conducting a search under Sub-section (1), it shall be done in the presence of at least one office bearer or member of the concerned local level and at least two witnesses.

(4) If it is necessary to search a house where people reside, if there are women in the house, notice and opportunity to leave shall be given.

(5) Nothing in this section shall authorize the searching employee to enter a house where people reside between sunset and sunrise. 60.