chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Muluki Civil Code, 2017

663. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-16

Provisions Relating to Unjust Enrichment

664. When deemed unjust enrichment: (1) If any person obtains any benefit or facility from another person without any lawful reason for doing work or fulfilling a duty, the person obtaining such benefit or facility shall be deemed to have obtained unjust enrichment.

(2) Unjust enrichment under sub-section (1) shall be obtained in the following circumstances:-
(a) If there is an increase in his property or a decrease in his liability,
(b) If he receives the service of another or has another do work,
(c) If another's property is used for his benefit.

(3) Notwithstanding anything contained in sub-section (1) or (2), if any person obtains any thing, service, benefit, or facility in any manner, it shall be deemed to be unjust enrichment except in the following circumstances:-
(a) If he is entitled to obtain any thing, service, benefit, or facility from a person under law or contract,
(b) If he has obtained it by free consent from the person from whom he obtained any thing, service, benefit, or facility, without the intention of claiming return or reimbursement.

(4) When determining whether a person has obtained unjust enrichment under this Chapter and to what extent, no consideration shall be given to any disadvantage or loss, damage suffered by such person after obtaining the unjust enrichment due to the cause thereof.

(5) If any person has obtained unjust enrichment under this section, he shall bear liability under this Chapter. 665. If thing not receivable is taken, to be returned (Solutio Indebiti): If any person mistakenly takes or obtains any thing that he ought not to take, he shall return such thing to the person from whom he took or obtained it. 666. Debt paid by mistake to be returned: If any person mistakenly believes himself to be a debtor to another and pays a debt amount that he did not have to pay, and he proves that he did not have to pay such debt, the person receiving such amount shall return such amount to him. 667.
Muluki Civil Code, 2017

667. Thing or amount obtained in bad faith and its benefit to be returned: (1) If any person maliciously obtains from another any amount or thing to which he has no claim, he shall return such amount or thing, along with the interest legally applicable on such amount from the day of obtaining such amount or thing until the day of return, or the benefit or return obtained from such thing.

(2) If any loss or damage has been caused due to the amount or thing obtained under sub-section (1), he shall also pay compensation therefor. 668. Debt paid by a third person to be settled: If a debt payable by a person is paid by another third person without his knowledge, he shall pay the debt paid to the person who so paid it. 669. If another pays a tax payable, may claim reimbursement: If a tax payable by one person is paid by another person, the person who pays such tax may claim reimbursement from the person who has the duty to pay such tax. Explanation: For the purpose of this Chapter, "tax" means any type of government fee, duty, charge, or penalty, and the word also includes local taxes. 670. Found property may be kept after informing police: (1) If any person finds any property in any manner, he may inform the police with its true details and keep such property safely with himself until the owner is found.

(2) The expenses incurred in locating the owner of the property under sub-section (1) and in keeping such property shall be borne by the owner, and until such expenses are paid, the person who found the property may keep it.

(3) If no one claims the property kept under sub-section (1) within three years, such property shall belong to the finder. 671. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within two years from the date on which the cause of action arose. Chapter-17

Provisions Relating to Torts

672. When deemed to have committed a tort: (1) No person shall, by any act (commission) or omission, whether due to his own fault, negligence, or carelessness or that of another for whom he is liable under this Chapter, cause any loss or damage in any manner to the body, life, or property of another, or to any right or interest protected by law.

(2) If there is no prior contractual relationship between the parties concerning the act or omission under sub-section (1), the loss or damage arising as a result of such act or negligence shall be deemed to be a tort.
Muluki Civil Code, 2017

Explanation: For the purpose of this Chapter, "omission" means a situation where a person fails to do what ought to be done.

(3) If a tort has been committed under sub-section (2), the person committing such act shall bear liability under this Chapter.

(4) deleted by the Act to Amend Some Nepal Acts relating to the Civil Code, 2075

673. Mother and father to bear liability: For a tort committed by a minor who has not completed the age of fourteen years, the mother and father with whom he resides, or if there is no mother or father, the person exercising maternal or paternal authority over him, shall bear the liability. 674. Guardian or trustee to bear liability: For loss or damage caused by a person of unsound mind, his guardian or trustee shall be responsible, and accordingly, he shall bear the liability. 675. Employer to bear liability: (1) If any domestic help, other worker, or employee employed by a person causes loss or damage to another person by any act done in good faith in the course of such work, the person, firm, company, or organization employing him shall bear the liability therefor.

(2) Notwithstanding anything contained in sub-section (1), for any act done by a worker or employee through carelessness or bad faith, such worker or employee shall bear the liability. 676. Owner of animal to bear liability for loss or damage caused by the animal: The owner of an animal shall bear liability amended by the Act to Amend Some Nepal Acts relating to the Civil Code, 2075. for loss or damage caused by the animal kept by him or under his control. Provided that the owner shall not be liable if the animal caused the loss or damage while under appropriate control with adequate safety measures taken by the owner according to the nature of such animal, or if the loss or damage was caused by the act, fault, or negligence of the person who suffered the loss or damage. Explanation: For the purpose of this section, "animal" means any type of domestic or wild animal or bird under one's control, and the word also includes pets, reptiles, or wild birds. 677. Owner of house to bear liability if house collapses and causes loss or damage: If a house, whether during construction or after construction, wholly or partially collapses and any part thereof causes any type of loss or damage to any person, the owner of the house shall bear the liability. 678.
Muluki Civil Code, 2017

678. Owner of property to bear liability: If any loss or damage is caused to any person due to any of the following reasons, the owner of the property concerned shall bear the liability:-
(a) If any machine, equipment, or device explodes due to failure to take appropriate safety measures according to its nature,
(b) If any flammable or explosive substance catches fire or explodes due to failure to take appropriate safety measures according to its nature,
(c) If any industrial establishment produces excessive smoke or noise contrary to the prescribed standards,
(d) If a tree falls or is felled on any highway, road, lane, or path, except due to a disaster or the act of a third person,
(e) If polluted, toxic, or infectious substances are discharged openly from a canal, ditch, pipe, or drain without taking appropriate precautionary measures according to prescribed standards. 679. Head of household to bear liability: If any person is caused loss or damage due to throwing any type of garbage or thing from any house, the head of the house concerned shall bear the liability. Explanation: For the purpose of this section,-
(1) "House" means a house or hut, and the word also includes the structure of the house.
(2) "Head of household" means the person who is the main working member of the family, and the word also includes, in the case of a person living as a tenant in someone's house, the main working member of the tenant's family. 680. Liability for trespass to be borne: For loss or damage caused by trespass on another's property, the person committing the trespass shall bear the liability. Explanation: For the purpose of this section, "trespass" means, in the case of immovable property, unlawful entry into property under the right, possession, or ownership of another, amended by the Act to Amend Some Nepal Acts relating to the Civil Code, 2075. possession of its produce, unauthorized damage, interference, or unlawful disturbance; and in the case of movable property, forcibly taking possession, taking away, taking benefit therefrom, or obstructing or opposing the use or enjoyment of property under the right, possession, or ownership of another; and the word also includes the act of controlling any type of property without authorization. 681.
Muluki Civil Code, 2017

681. Joint liability to be borne: (1) If an act deemed a tort under this Chapter is committed by more than one person, unless otherwise proved, each such person shall be personally and jointly responsible for the loss caused by such act in proportion to the extent of the tort committed by them.

(2) If separate liability can be determined in proportion to the extent of the tort under sub-section (1), accordingly; if not, all persons responsible for the tort shall bear liability equally. 682. Compensation to be borne for liability: (1) When bearing liability for a tort under this Chapter, the person committing the tort shall bear compensation.

(2) Notwithstanding anything contained in sub-section (1), if a tort has been caused due to the omission, fault, negligence, or carelessness of the person himself as well under this Chapter, the amount of such compensation shall be reduced.

(3) Compensation under sub-section (1) shall be limited to the subject matter of actual loss or damage, and fictitious or unrealistic compensation shall not be borne.

(4) Compensation may be in the form of cash, kind, or service.

(5) If loss or damage is caused under this Chapter, the person who suffered such loss or damage may claim compensation subject to this Chapter.

(6) If compensation is claimed under sub-section (5), the court may order the payment of reasonable compensation. 683. Liability not to be borne if separate provision exists: (1) Notwithstanding anything elsewhere contained in this Chapter, if a tort for which liability would be borne under this Chapter is deemed a criminal offense under law, or if there is a separate provision or separate legal remedy in this Code or other law concerning such tort, the liability under this Chapter shall not be borne.

(2) Subject to sub-section (1), if a person proves that a tort for which liability would be borne under this Chapter was caused by some other reason and not as a result of the carelessness, negligence, fault, or omission of the person alleged to have committed such tort, he shall be freed from the liability to be borne for such tort. 684. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within six months from the date on which such act or action was done. Chapter-18

Provisions Relating to Liability for Defective Products

685.
Muluki Civil Code, 2017

684. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within six months from the date on which such act or action was done. Chapter-18

Provisions Relating to Liability for Defective Products

685. Liability to be borne for defective product: (1) No person shall manufacture, sell, or distribute any goods or services that are defective.

(2) If a manufacturer sells or distributes a defective product under sub-section (1), and while consuming such goods, the body, life, or property of any person is caused loss or damage, the manufacturer shall bear liability under this Chapter therefor. Explanation: For the purpose of this Chapter:-
(1) "Defective product" means any goods or services that, when consumed, lack the minimum safety measures that an ordinary person would reasonably expect, due to any of the following reasons:-
(a) Defective design, manufacture, processing, or installation,
(b) Defective packaging, preservation, or storage,
(c) Defective presentation,
(d) Lack of adequate measures or precautions to control the potential risk or danger according to the nature of the manufactured goods or services.

(2) "Manufacturer" means the manufacturer who finally produces and sells or distributes the defective goods or services, and the word also includes the following persons:-
(a) If the manufacturer is not found, the distributor or seller who sells or distributes the defective goods,
(b) In the case of imported goods, the importer who imports the defective goods, or the distributor or seller who sells or distributes such goods.

(3) "Goods" means any industrial product consumed by the general public. 686. Defective product to be proved: If any person claims that any goods or services were a defective product and that his body, life, or property suffered damage due to consuming the same, he shall prove the relationship between such defective product and the damage, and that the damage was caused precisely because of consuming such product. 687.
Muluki Civil Code, 2017

687. Exemption from liability: Notwithstanding anything contained in section 685, the manufacturer shall not bear liability if he proves the following:-
(a) That he did not manufacture, sell, or distribute the defective product,
(b) That the goods or services he manufactured, imported, or sold or distributed were not defective at the time of manufacture, import, or sale or distribution, or became defective after sale or distribution,
(c) That the goods or services he manufactured were not on sale or were not sold,
(d) That the damage was caused because the consumer did not follow the instructions to be observed when consuming the manufactured goods or services,
(e) That the damage was caused because the consumer did not consume the product correctly or consumed it in a manner that should not have been done,
(f) That at the time of manufacturing or distributing the goods or services, there was no scientific or technical knowledge that such goods or services were defective,
(g) That at the time of sale, information was given that damage could occur if the product from which the damage occurred was not used properly,
(h) That the goods or services were consumed knowingly, or with reasonable cause to know, that loss or damage would occur. 688. Quantum of liability may be reduced: Notwithstanding anything elsewhere contained in this Chapter, if it is proved that the damage was caused due to both the person making the defective product and the person consuming it, the liability of the manufacturer may be reduced proportionately. Provided that if a third party suffers loss or damage from such damage, the quantum of liability shall not be reduced in respect of such party. 689. Not deemed a defective product: A product shall not be deemed defective merely because goods or services of a higher quality than the quality of the goods or services consumed by a person are available in the market. 690. No adverse effect on other rights: Nothing contained in this Chapter shall adversely affect any right, interest, or claim available to a person affected in body, life, or property due to a defective product under law or contract. 691. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within one year from the date on which such act or action was done. Part-6

Provisions Relating to Private International Law

692.
Muluki Civil Code, 2017

691. Limitation: A person aggrieved by any act or action done under this Chapter may file a suit within one year from the date on which such act or action was done. Part-6

Provisions Relating to Private International Law

692. Provisions of this Part to apply: (1) The provisions of this Part shall apply to any matter relating to a private legal relationship involving a foreigner, foreign goods, or an act done abroad.

(2) Without prejudice to the generality of sub-section (1), the provisions of this sub-section shall apply specifically to the following matters:-
(a) The legal status of a foreigner and his capacity,
(b) Matters relating to marital relationship, paternal and maternal, and other family relationships, or matters relating to partition or inheritance, or acts related thereto, where at least one of the parties is a foreigner and the place where the act took place is outside Nepal,
(c) Matters relating to the property of a foreigner located abroad, where at least one interested party is a foreigner,
(d) Matters relating to contract or non-contractual rights or obligations where at least one party is a foreigner,
(e) Matters relating to a contract concluded abroad. Explanation: For the purpose of this Part, "foreigner" means a foreign natural person or an organized institution, and the word also includes a foreign country. 693. Determination of legal capacity of a foreigner: (1) The legal capacity of a foreign natural person shall be determined according to the law of the country of his nationality.

(2) If the nationality of the foreign natural person under sub-section (1) cannot be ascertained, his capacity shall be determined according to the law of the country where he habitually resides, and if such residence also cannot be ascertained, according to the law of the country where he currently resides.

(3) When determining the legal capacity or legal status of an organized institution, it shall be determined according to the law of the country where such institution is registered; if the country of registration cannot be ascertained, according to the law of the country where its head office is located; and if such country also cannot be identified, according to the law of the country where such institution conducts its business. 694.
Muluki Civil Code, 2017

694. Presumption of disappearance or death of a foreign person: (1) When it is necessary to presume that a foreign person has disappeared or died, it shall be determined according to the law of the country of his nationality.

(2) If the nationality of the foreign person under sub-section (1) cannot be ascertained, it shall be determined according to the law of the country where he habitually resides; and if such residence also cannot be ascertained, according to the law of the country where he resided immediately before the presumption of his disappearance or death. 695. Determination of heir according to foreign law: When determining the heir to the property of a foreigner residing in Nepal upon succession, it shall be determined according to the law of the country of such foreigner's nationality; if such nationality cannot be identified, according to the law of the country where he habitually resides; and if such residence also cannot be ascertained, according to the law of the country where he last resided. 696. Determination of succession of a deceased person: (1) If succession opens due to the death of a foreign person in Nepal and it is necessary to determine the heir to his property located in Nepal and the order of priority, it shall be determined according to the law of the country of which such person was a national at the time of his death.

(2) If the law under sub-section (1) cannot be ascertained, it shall be determined according to the law of the country where his habitual residence was at the time of his death; and if such country also cannot be ascertained, according to the law of Nepal. 697. Determination of nature of an organized institution: When determining whether a company, foundation, or other organized institution is public or private, it shall be determined according to the law of the country where such company, foundation, or organized institution is registered; if such law cannot be ascertained,

707. Substance of Ownership to be According to Law of Country Where Property is Situated: (1) The substance of ownership or right of enjoyment of any property shall be determined according to the law of the country where such property is situated.

(2) The circumstances under which ownership over immovable property is established or extinguished shall be determined according to the law of the country where such property is situated. 708. Goods to be Regulated by Law of Destination: While any goods are in transit during transportation, such goods shall be regulated according to the law of the place of destination. 709.
Muluki Civil Code, 2017

708. Goods to be Regulated by Law of Destination: While any goods are in transit during transportation, such goods shall be regulated according to the law of the place of destination. 709. Contract Law to be as Determined by Parties: (1) The law governing any contract shall be as determined by the parties to such contract in the contract.

(2) Where the law is not determined pursuant to sub-section (1), such contract shall be governed by the law of the country where such contract is to be performed, and if such country also cannot be ascertained, by the law of the country where such contract is concluded. Provided that a contract concluded in Nepal shall be governed by Nepali law. 710. Instrument Made Abroad to be Recognized: The validity of any contract or instrument made outside Nepal shall be determined according to the law of the country where such contract or instrument was made, and if the formalities according to the law of such country have been complied with, such contract or instrument shall be deemed to be legally valid and shall be recognized in Nepal. 711. Gift or Bequest to be Regulated by Law of Donor's Nationality: (1) The validity of a gift or bequest shall be regulated according to the law of the nationality of the donor at the time of making the gift or bequest.

(2) If the formalities have been completed according to the law of the country where the gift or bequest is made, the gift or bequest shall be deemed to have been duly made. 712. Determination of Liability for Delict: (1) When determining liability for an act deemed a delict according to law involving a foreigner, foreign goods, or an act done abroad, it shall be determined according to the law of the country where such act occurred.

(2) If the act under sub-section (1) commences in one country and the consequence thereof arises in another country, liability shall be determined according to the law of the country where the consequence arises.

(3) If liability cannot be determined pursuant to sub-section (2), it shall be determined according to the law of the country where the act deemed a delict occurred. 713. Liability for Quasi-Contract or Unjust Enrichment: When liability for quasi-contract or unjust enrichment is to be determined, it shall be determined according to the law of the country where such act occurred. 714. Other Matters to be According to Accepted Principles of Private International Law: (1) Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075.
Muluki Civil Code, 2017

714. Other Matters to be According to Accepted Principles of Private International Law: (1) Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Where a matter involving a foreigner, foreign goods, or an act done abroad, not mentioned in this Part, is to be determined, if there is a separate provision in Nepali law regarding such matter, it shall be determined according to Nepali law, and if there is no such provision, it shall be determined according to the accepted principles of private international law.

(2) Notwithstanding anything written in sub-section (1), if all parties concerned with the subject matter agree that the matter pursuant to that sub-section should be determined according to Nepali law, such matter shall be determined according to Nepali law. 715. In Case of Dual Nationality, According to Law of Country of Habitual Residence: (1) In this Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Part, where it is stated that a matter shall be determined according to the law of the country of nationality, if a person has the nationality of two or more countries at the same time, it shall be according to the law of the country where such person holds nationality and has been habitually residing.

(2) If such matter cannot be determined according to the law of the country under sub-section (1), it shall be determined according to the law of the country with the most closest connection where the person holds nationality. Provided that in the case of a person who also holds Nepali nationality, has habitual residence in Nepal, or is a non-resident Nepali citizen, it shall be determined according to Nepali law.

(3) If the matter under sub-section (1) is in respect of a refugee or a stateless person, it shall be determined according to the law of the country where such person has habitual residence, and if such law also cannot be determined, according to the law of the country where such person is currently residing. 716.
Muluki Civil Code, 2017

716. Permission May Be Given for Proceedings in a Foreign Court: (1) If, in a case pending in any court in Nepal involving a foreign party, both parties to the case file a joint petition in the court stating reasons that it is appropriate and practical for the case to be resolved by a court of the country where such party resides, and upon examining the petition so filed it appears reasonable, the court may grant permission for the proceedings of the case to be conducted by a foreign court as requested by the parties.

(2) After the court has granted permission for proceedings to be conducted by a foreign court in respect of any case pursuant to sub-section (1), no further proceedings on the same subject matter shall be conducted by a court in Nepal. 717. Case Pending in Nepal Court May Be Stayed: If a case is pending between parties in a court in Nepal, and a case on the same subject matter is also pending between such parties in any court abroad, and it appears that the decision in the case pending in the other country may directly affect the case pending in the court of Nepal, and the parties file a petition to stay the case pending in Nepal, the court may stay such case until the case pending between them abroad is decided. 718. Nepal Court to Have Jurisdiction: The court in Nepal shall have jurisdiction to conduct proceedings and adjudicate disputes arising in relation to the following matters: -

(a) Matters regulated according to this Code or other law between foreigners residing in Nepal, or between a foreigner and a Nepali citizen,

(b) The subject matter of a case in which a foreigner residing in Nepal is the defendant,

(c) Matters of succession of a foreigner residing in Nepal who had property in Nepal at the time of death,

(d) Matters where a transaction, dealing, or business has occurred abroad between a Nepali citizen and a foreigner, and the payment thereof is to be made within Nepal,

(e) Matters relating to property situated within Nepal, between foreigners or between a foreigner and a Nepali citizen,

(f) Matters relating to a contract concluded within Nepal or to be performed in Nepal, between foreign persons or in which at least one party is a citizen or an organized institution of Nepal,

(g) Matters relating to delict, quasi-contract, or unjust enrichment occurring outside Nepal, where both the plaintiff and defendant are Nepali citizens, or are foreigners with habitual residence in Nepal,

(h) Matters under sub-section (2) of section 699 which are to be adjudicated by the courts of Nepal. 719.
Muluki Civil Code, 2017

719. Other Matters Related to the Case May Also Be Resolved by Nepal Court: In any case pending in a court in Nepal under its jurisdiction to resolve a principal dispute involving a foreigner, if it appears that other matters related thereto also need to be resolved, the court may assume jurisdiction over such matters as well and resolve them. 720. To be According to Treaty if Exists: If there is a separate provision in any treaty to which Nepal is a party concerning any matter mentioned in this Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Part, nothing written in this Chapter shall affect such provision. 721. Provisions of this Chapter Not to Apply: (1) Notwithstanding anything else written in this Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Part, if applying the legal provisions under this Part in Nepal would be contrary to public order, then in such a situation the provisions of this Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Part shall not apply.

(2) If a situation under sub-section (1) arises, the matters of this Amended by the Act Amending Some Nepal Acts Relating to the Civil Code, 2075. Part shall be regulated by other relevant linking criteria, and if such criteria cannot be determined, by Nepali law.
Lands Act, 1964

Land Related Act, 2021

Royal Seal and Date of Publication
2021.8.1

Amending Acts

1. Land Related (First Amendment) Act, 2022 2022.12.10
2. Land Related (Second Amendment) Act, 2025 2025.7.9
3. Land Related (Third Amendment) Act, 2038 2038.4.25
4. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
5. Judicial Administration Act, 2048 2048.2.16
6. Land Related (Fourth Amendment) Act, 2053 2053.9.24
7. Act to Amend Some Nepal Acts, 2055 2055.10.7
8. Land Related (Fifth Amendment) Act, 2058 2058.10.25

Ratification and Publication Date
9. Act to Amend Some Nepal Acts to Ensure Gender Equality, 2063 2063.7.17
10. Republic Strengthening and Some Nepal Laws (Amendment) Act, 2066 2066.1.7
11. Land Related (Sixth Amendment) Act, 2072 2072.6.14
12. Act to Amend Some Nepal Acts, 2072 2072.11.13
13. Land Related (Seventh Amendment) Act, 2075 2075.6.2
14. Land Use Act, 2076 2076.05.06
15. Land Related (Eighth Amendment) Act, 2076 2076.10.28
16. Act to Amend Some Nepal Acts Related to Investment Facilitation, 2081 2081.03.24

Act No. 25 of the year 2021



An Act Made to Amend and Consolidate the Land Related Act

Preamble: Whereas, it is desirable to bring rapid momentum to the economic development of the country by channeling idle capital and population burden from land into other sectors of the economy;

Whereas, it is desirable to bring improvement in the living standard of real farmers dependent on land through equitable distribution of agricultural land and making necessary agricultural knowledge and means accessible;

Whereas, it is desirable to provide encouragement for maximum increase in agricultural production and to maintain the convenience and economic interest of the general public;

This Act is made by His Majesty King Mahendra Bir Bikram Shah Dev with the advice and consent of the National Panchayat. Chapter-1
Preliminary

1. Short Title, Extent, and Commencement: (1) This Act may be called the "Land Related Act, 2021".

(2) Chapters 1, 7, 8, 10, and 11 shall come into force immediately throughout Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and other Chapters, Sections, or Sub-sections shall come into force from the date specified in the area specified by the Government of Nepal by publishing a notice in the Nepal Gazette from time to time. 2.
Lands Act, 1964

2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Landowner" means a person who has land registered in their name liable for payment of land revenue to the Government of Nepal according to prevailing Nepal law and who has a right over the land by virtue of such registration, and the said term also denotes the following persons in relation to the following land:

(1) In relation to Birta land abolished under the Birta Abolition Act, 2016, the person to be registered as the landowner,
(2) In relation to Jimidari Sath land, the Jimidar,
(3) Added by the Second Amendment.(2k) In relation to Kipat, the person who cultivates such land by paying government revenue according to established custom, or the person who cultivates such land by paying revenue to such person,
(3) A successor-in-interest or co-parcener of such landowner, or a person who has acquired the right to get such land registered in their own name because such landowner has relinquished their right according to law,
(4) If the land of such landowner is in Bhog (usufructuary mortgage) or Drishti (possessory) mortgage with someone else who has been using and cultivating it according to law, such person as long as they continue to use and cultivate it.

(b) "Tenant (Mohi)" means a farmer who is allowed to cultivate the land of another landowner under some condition and who cultivates it with their own or their family's labor.

(c) In relation to any person, "Family" means such person and the following relatives of theirs up to:
(1) Husband or wife, whether separated in partition or not,
(2) Sons, Added by the Act to Amend Some Nepal Acts to Ensure Gender Equality, 2063.daughters under the age of 16 years, whether separated in partition or not, so long as the father or mother is alive.
(3) Removed by the Act to Amend Some Nepal Acts to Ensure Gender Equality, 2063.

(d) "Rent/Crop Share (Kut)" means the cash or kind or both paid by the tenant to the landowner in return for taking the land for cultivation.

(e) "Homestead (Ghar Bari)" means the house where people reside and the land occupied by that house, and the said term also includes land attached to or separate from the house used for cowshed, granary, well, pond, garage, stable, fruit orchard, vegetable garden, bamboo grove, thatch grass field, place for sports or recreation, or any other similar purpose.

(f) In relation to any land, "Main Annual Yield" means the yield of the crop among those grown on that land during the year that gives the most profit.

(g) "Farmer (Kisan)" means a person engaged in agriculture.
Lands Act, 1964

Added by the Second Amendment.Provided that, for the purpose of determining debt under Chapter 9, the said term means a person who cultivates land with their own or their family's labor.

(h) "Jimidari System" means the system including Kipat management and the collection and realization of land revenue according to law by appointing agents called Jimidar, Patwari, Talukdar, Jimmawal, Mukhiya, Thari, Dware or by any other name, and depositing it with the Government of Nepal Amended by the Second Amendment..

(i) "Land Revenue (Malpot)" means the land revenue and any other similar dues payable by the landowner to the Government of Nepal according to prevailing Nepal law. Added by the Eighth Amendment.(i1) "Ministry" means the Ministry of the Government of Nepal looking after matters related to land management. Added by the Eighth Amendment.(i2) "Department" means the Department of Land Management and Archives. Added by the Eighth Amendment.(i3) "Office" means the office designated by the Ministry to perform work related to land management. Added by the Eighth Amendment.(i4) "Land Reform Officer" means the chief of the Office. Added by the Eighth Amendment.(i5) "Public Entity" means any of the following entities:
(1) A company, bank, or committee wholly or partly owned or controlled by the Government of Nepal, Provincial Government, or Local Level, or a commission, corporation, authority, company, foundation, board, center, council, and other organized institutions of a similar nature established under prevailing law,
(2) A university, college, technical and vocational school, school, research center, and other similar academic, educational, or health institutions operated by the Government of Nepal, Provincial Government, or Local Level, or receiving full or partial grants from the Government of Nepal,
(3) An institution operating on loans, grants, or guarantees from the Government of Nepal or Provincial Government,
(4) An institution wholly or partly owned or controlled by the entities referred to in Sub-clauses (1), (2), or (3),
(5) Other institutions designated as Public Entities by the Government of Nepal by publishing a notice in the Nepal Gazette. Added by the Eighth Amendment.(i6) "Industry" means an institution registered as an industry under prevailing law. Added by the Eighth Amendment.(i7) "Establishment (Pratishthan)" means industries, teaching institutions, health institutions, and cooperative institutions registered under prevailing law. Added by the Eighth Amendment.(i8) "Company" means a company registered under prevailing company law. Added by the Eighth Amendment.(i9) "Project" means any development project operated by the government, semi-government, private sector, or a company for a specified period.

(j) "Notified Order" means an order published by the Government of Nepal in the Nepal Gazette.

(k) "Prescribed" or "as prescribed" means as prescribed in the Rules or Notified Orders under this Act. Chapter - 2
Abolition of Jimidari

3.
Lands Act, 1964

Chapter - 2
Abolition of Jimidari

3. Abolition of Jimidari: Jimidari is abolished. As a result of such abolition, all rights and powers of agents related to Jimidari in the concerned Mauja shall be deemed to have automatically terminated. Provided that, in the case of land associated with Jimidari (Jimidari Sath), such land shall be registered in the name of the concerned Jimidar in the revenue records (Nambari) in the capacity of landowner. Added by the Second Amendment.3k. Provision Relating to Kipat: (1) Kipat land shall be transferable Amended by the Act to Amend Some Nepal Acts, 2072 through sale deed (Rajinama) similar to Raikar land.
(2) Land revenue shall be assessed on Kipat land similar to Raikar land. 4. Documents Relating to Jimidari: (1) The person entrusted with the documents of Jimidari shall, when ordered by the prescribed office or officer, submit such documents to them.
(2) If documents are not submitted as per Sub-section (1), such office or officer, when needing to refer to those documents for work relating to land, shall have them shown by the said person and, after the work is completed, return them to be kept safe in their custody. 5. Interim Arrangement for Collection and Realization of Land Revenue: Until the Government of Nepal makes other arrangements for the collection and realization of land revenue of the Jimidari abolished under Section 3, it may have the collection and realization work done by the person who had the duty to collect and realize land revenue before the abolition of Jimidari, or any other prescribed person, or Amended by the Act to Amend Some Nepal Acts, 2072 the Rural Municipality or Municipality, under prescribed conditions. 6. Punishment: (1) If anyone fails to perform the duty required to be performed under Section 4, the prescribed office or officer may impose a fine of up to Rs. 500.- (five hundred) or imprisonment for up to three months, or both, and take such documents into their possession.
(2) If the person having the duty to collect and realize land revenue under Section 5 fails to collect and realize it according to law or fails to perform any other duty related thereto, the prescribed office or officer may recover from the house/property of such person the loss or damage caused to the Government of Nepal thereby, and may impose a fine of up to Rs. 1,000.- (one thousand) or imprisonment for up to six months, or both. Repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(3)

Chapter-3
Land Ceiling

7.
Lands Act, 1964

1,000.- (one thousand) or imprisonment for up to six months, or both. Repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(3)

Chapter-3
Land Ceiling

7. Maximum Limit of Land that may be Held in the Capacity of Landowner: Amended by the Fifth Amendment.(1) No person or their family may, in the capacity of landowner, hold land in Nepal Removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. exceeding a total of 10 Bighas, subject to the following limits in the following areas:-
(a) In the entire Terai region including Inner Terai - 10 Bighas.
(b) In Kathmandu Valley - 25 Ropani.
(c) In the entire Hill region excluding Kathmandu Valley - 70 Ropani. Amended by the Fifth Amendment.(2) Notwithstanding anything contained in Sub-section (1), any person or their family may hold additional land, not exceeding the limits specified below, as may be necessary for the purpose of homestead, in addition to the land mentioned in Sub-section (1):-
(a) In the entire Terai region including Inner Terai - 1 Bigha.
(b) In Kathmandu Valley - 5 Ropani.
(c) In the entire Hill region excluding Kathmandu Valley - 5 Ropani. Added by the First Amendment and effective from the date of commencement of the original Act.(3) In relation to any land in the areas where Sub-sections (1) and (2) apply, if, before the commencement of said Sub-sections, a deed of relinquishment of right (by way of sale, gift, exchange, or any other manner) was made by any landowner in favor of any person other than a successor-in-interest or co-parcener entitled to a share under the prevailing Nepal law, and such deed has not been registered by the date of commencement of said Sub-sections, and if, when such relinquished land is added to the other land remaining with such person or their family, it exceeds the maximum limit specified in Sub-sections (1) and (2), then such transaction of relinquishment shall not be recognized for the purposes of this Section, and this Section shall apply as if such land remained with the landowner who relinquished it. Provided that this Sub-section shall not apply where a claim has already been made by applying for registration before the application of this Section.
Lands Act, 1964

Provided that this Sub-section shall not apply where a claim has already been made by applying for registration before the application of this Section. Added by the First Amendment and effective from the date of commencement of the original Act.(4) In the areas where Sub-sections (1) and (2) apply, if, after the commencement of said Sub-sections, a landowner who holds land exceeding the maximum limit specified in said Sub-sections in their own name or their family's name makes a deed of relinquishment of right (by way of sale, gift, exchange, or any other manner) in favor of any person other than a successor-in-interest or co-parcener entitled to a share under Nepal law, then, regardless of whether the deed of such transaction is registered or not, such transaction shall not be recognized for the purposes of this Section, and this Section shall apply as if such land remained with the landowner who relinquished it. Provided that this Sub-section shall not apply in relation to a gift made by anyone for the purpose of a public educational institution. Added by the First Amendment and effective from the date of commencement of the original Act.(5) For the purposes of Sub-section (1), in the case of land tenanted by a tenant, the share of the landowner and the tenant shall each be calculated as half. Added by the Fifth Amendment.(6) Notwithstanding anything contained elsewhere in this Section, in respect of a landowner whose ceiling-related proceedings were pending decision until the date of commencement of this Section, the maximum limit under this Section shall apply only after the proceedings relating to the land ceiling under the previous provision are concluded. Added by the Eighth Amendment.(7) The Office shall keep a freeze (Rokka) on land in excess of the ceiling under Section 13 until the investigation of the ceiling is finalized. Added by the Eighth Amendment.(8) Notwithstanding anything contained in Sub-section (7), even if the investigation of the land ceiling is not finalized, a tenant shall not be prevented from taking their share through partition under this Act. 8. Removed by the Eighth Amendment

9.
Lands Act, 1964

Added by the Eighth Amendment.(8) Notwithstanding anything contained in Sub-section (7), even if the investigation of the land ceiling is not finalized, a tenant shall not be prevented from taking their share through partition under this Act. 8. Removed by the Eighth Amendment

9. Provision Relating to Land Held in Another's Name: (1) If any person or their family, intending to cultivate it themselves, executes a registration deed in another person's name, or relinquishes their right by any other means, or acquires land in another person's name by any means, and directly or indirectly cultivates such land themselves, then Section 7 shall apply considering such land also as remaining with them.
(2) If a landowner submits the statement (Phantwari) required under Section 13 concerning land under Sub-section (1) within the period prescribed under that Section, such land shall be recorded in their name and action shall be taken under this Act.
(3) If, concerning land under Sub-section (1), a landowner fails to submit the statement required under Section 13 within the period prescribed under that Section, and the registered owner of that land submits details under Section 13 showing that, although the land is registered in their name, the real landowner is a different person, then all rights of that real landowner over such land shall terminate, and action under this Act shall be taken confirming the right of the registered owner over it. Amended by the Second Amendment.(4) If details are not submitted by the landowner under Sub-section (2) or by the registered owner under Sub-section (3), and the matter comes to light from any other person, then Amended by the Sixth Amendment. such land shall be confiscated by order of the prescribed authority and such land shall come under the ownership of the Government of Nepal. Added by the Second Amendment and repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(5)

Amended by the Sixth Amendment.(6) If the decision made by the prescribed authority for confiscation of land under Sub-section (4) becomes final, the prescribed authority shall give an amount equivalent to twenty-five percent of the value of the confiscated land calculated at the prescribed rate as a reward to the person who provided the information under that Sub-section. 10.
Lands Act, 1964

10. Prohibition on Acquiring Land: (1) Except by way of partition or inheritance, no one shall, in the capacity of landowner, acquire any land in any manner in their own name or in the name of anyone else that would cause the maximum limit specified in Section 7 to be exceeded.
(2) If anyone comes to get a deed registered for taking land in any manner, the deed of such transaction shall not be registered unless the person taking the land submits to the registering authority a statement in writing stating the total area of land currently held in Nepal in the capacity of landowner under their own name or under anyone else's name.
(3) If, from the statement submitted under Sub-section (2), it appears that the land taken or sought to be taken would contravene Sub-section (1), the registering office shall not register the deed of such transaction. 11. Punishment: (1) Removed by the Eighth Amendment
(2) If anyone acquires land in contravention of Section 10, they shall be liable to a fine of up to Rs. 1000/- (one thousand)Amended by the Second Amendment. by order of the prescribed authority, and from the land so acquired, the portion exceeding the limit they may hold under Section 7 shall be confiscated. Added by the Second Amendment and repealed by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(3)

12.