chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

Chapter-2
Provisions Relating to Dealing in Endangered Wildlife or Fauna or its Specimen

3. Prohibition on Dealing or Trading in Rare or Endangered Wildlife or Fauna or its Specimen: (1) No person shall buy, sell, keep in possession, use, plant, rear, captive breed, transport, export or import, or cause to do so, any rare or endangered wildlife or fauna or its specimen.

(2) Notwithstanding anything contained in sub-section (1), a person may keep, use, captive breed, transport, export or import rare or endangered wildlife or fauna or its specimen, upon obtaining a certificate pursuant to Section 6 and subject to the conditions as prescribed, for the following purposes:
 (a) To rear wildlife,
 (b) To plant and rear flora,
 (c) To produce wildlife or flora or its specimen, to buy and sell domestically or abroad,
 (d) To use for study, research, examination, training, exhibition, conservation education, biological resource conservation or educational purposes.

added by the First Amendment.(3) Notwithstanding anything contained in sub-sections (1) and (2), a person may plant endangered flora on private land, rear endangered flora so planted and naturally sprouted on private land, and produce, keep and use its specimen. 4. Requirement to Apply for Certificate: A person, institution or body wishing to perform any act under sub-section (2) of Section 3 shall apply for a certificate to the Management Authority amended by the First Amendment.in the format as prescribed. 5. Requirement to Seek Consultation: (1) Upon an application for a certificate under Section 4, the Management Authority shall seek consultation with recommendation from the Scientific Authority in that regard.

(2) Upon a request for consultation with recommendation under sub-section (1), the Scientific Authority shall study the matter and, if satisfied that granting such certificate will not adversely affect the existence of the species of rare or endangered wildlife or fauna in Nepal, recommend the Management Authority to grant such certificate.

(3) The procedure to be followed by the Scientific Authority while recommending under sub-section (2) shall be as prescribed. 6.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

Provided that, the wildlife or fauna or its specimen used as seed, in accordance with the certificate, to produce such wildlife or fauna, shall itself be considered rare wildlife or fauna or its specimen. 8. Permissible Dealing in Specimen of Protected Wildlife or Fauna: (1) A person, institution or body wishing to rear protected wildlife, or plant, rear protected flora, or keep in possession, use, produce, trade as seed, transport, export or import the specimen of such wildlife or fauna shall obtain a certificate.

added by the First Amendment.Provided that, a person shall not require to obtain such a certificate to plant protected flora on private land, rear protected flora so planted and naturally sprouted on private land, and produce, keep and use its specimen.

(2) A person, institution or body wishing to obtain a certificate under sub-section (1) shall submit an application to the Management Authority as prescribed.

(3) Upon receipt of an application under sub-section (2), and upon being satisfied of the following after inquiry, the Management Authority may, after consulting the Scientific Authority, grant a certificate as prescribed for some or all purposes under sub-section (1):
 (a) In case an application for a certificate is made for a purpose other than import, that such wildlife or fauna or its specimen appears to be in the ownership or control of the person, institution or body applying for the certificate;
 (b) In case an application for a certificate is made for a purpose other than import, that such wildlife or fauna or its specimen appears to have been obtained by the person, institution or body applying for the certificate in accordance with the prevailing law;
 (c) In the case of transporting live wildlife, that there are sufficient arrangements for its transport and that there are reasonable grounds to believe that during transport the wildlife will not be injured, harmed, or subjected to cruel treatment.

(4) While issuing a certificate under sub-section (3), the Management Authority may, as necessary, stipulate conditions regarding the method of keeping, using, rearing, planting, rearing and producing such wildlife or fauna or its specimen, and regarding the route, method of transport, habitat and other necessary matters for trading as seed, transporting, exporting or importing such wildlife or fauna or its specimen, and it shall be the duty of the concerned person, institution or body obtaining the certificate to comply with such conditions.

(5) In case the conditions under sub-section (4) are not complied with, the Management Authority may, after completing the procedure as prescribed, revoke such certificate at any time.

(6) Provisions relating to the validity period, renewal, cancellation, fee and other procedures of a certificate issued under this section shall be as prescribed. 9.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

9. Requirement of Certificate of Origin and Export Permit: Notwithstanding anything contained in Section 8, while importing any specimen of protected wildlife or fauna, a certificate of origin and an export permit provided by the country that included the species of such wildlife or fauna in Appendix-III of the Convention shall be required. 10. Special Provision Relating to Re-export: (1) Endangered wildlife or fauna or its specimen, once imported into Nepal, shall not be re-exported without a re-export certificate granted under this section.

(2) A person, institution or body wishing to re-export endangered wildlife or fauna or its specimen under sub-section (1) shall submit an application to the Management Authority.

(3) Upon receipt of an application under sub-section (2), and if the endangered wildlife or fauna or its specimen sought to be re-exported was imported into Nepal in accordance with this Act or the prevailing law, the Management Authority may, after completing the procedure under Section 6 or 8, grant a certificate for re-export. 11. No Risk to the Existence of Wildlife or Fauna: (1) Notwithstanding anything contained in Sections 6, 8 and 10, while granting a certificate pursuant thereto, it shall be granted ensuring that the existence of such wildlife or fauna will not become extinct or further endangered or at risk, and that it will be used only for the purpose for which the certificate is granted.

(2) After granting a certificate to deal in endangered wildlife or fauna or its specimen under this Act, the Management Authority or the body authorized by it shall regularly monitor or inspect how the person, institution or body obtaining such certificate has used such wildlife or fauna or its specimen.

(3) While monitoring or inspecting under sub-section (2), if the person, institution or body obtaining the certificate is found to have used the endangered wildlife or fauna or its specimen contrary to the conditions of the certificate, the body conducting the monitoring or inspection may confiscate or take control of such wildlife or fauna or its specimen at any time.

(4) In case the person obtaining the certificate exports the endangered wildlife or fauna or its specimen, the Management Authority or the body authorized by it shall regularly contact the competent authority of the country of export in the manner prescribed for the purposes of this section. 12. Must be a Party State to the Convention: Notwithstanding anything contained elsewhere in this Chapter, a certificate for export of endangered wildlife or fauna or its specimen shall only be granted to a country that is a party to the Convention. Chapter-3
Provisions Relating to Registration of Endangered Wildlife or Fauna or its Specimen

13.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

Chapter-3
Provisions Relating to Registration of Endangered Wildlife or Fauna or its Specimen

13. Requisite Registration of Species of Endangered Wildlife or Fauna: (1) If, at the time of commencement of this Act, any person, with or without obtaining a certificate, possesses or uses any living endangered for the purposes of study, research, examination, training, display, conservation education, biological resource conservation, educational purposes or any other purpose removed by the First Amendment. or if any endangered wildlife is reared or domesticated for profit, the concerned person, institution or body shall, amended by the First Amendment.within the prescribed period, submit an application as prescribed to the Management Authority to register such wildlife or fauna.

(2) Upon receipt of an application under sub-section (1), if the Management Authority is satisfied that such wildlife removed by the First Amendment.is kept or used not contrary to the prevailing law, the Authority shall register such wildlife or fauna as prescribed and provide a registration certificate to the concerned person, institution or body.

(3) Wildlife kept without completing the procedure under this section shall be removed by the First Amendment.confiscated as prescribed.

(4) The validity period, renewal, registration fee and other provisions of the registration certificate given under this section shall be as prescribed. 14. Requisite Registration of Imported Endangered Wildlife or Fauna or its Specimen: (1) Endangered wildlife or fauna or its specimen imported into Nepal in accordance with this Act or the rules made under this Act shall be registered as prescribed.

(2) For the registration of wildlife or fauna or its specimen under sub-section (1), the concerned person, institution or body shall submit an application to the Management Authority within thirty-five days of importing such wildlife or fauna or its specimen, attaching the following documents:
 (a) The permit issued by the competent authority of the concerned country for the export of such wildlife or fauna or its specimen,
 (b) The certificate of origin of the specimen of such wildlife or fauna,
 (c) The certificate issued by the Management Authority for import,
 (d) The receipt showing payment of customs duty,
 (e) The certificate of health of the specimen of such wildlife or fauna.

(3) After necessary inquiry regarding the application submitted under sub-section (2), if it appears that such wildlife or fauna or its specimen was imported in accordance with this Act or the rules made under this Act, the Management Authority shall register such wildlife or fauna or its specimen and provide a registration certificate as prescribed to the concerned person, institution or body. 15.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

15. Prohibition on Transfer: (1) No right, title or interest in any endangered wildlife or fauna or its specimen registered under Section 13 or 14 shall be transferred or transferred in name without the permission of the Management Authority or an officer as prescribed.

(2) Provisions relating to granting permission for transfer of right, title or interest or transfer in name of endangered wildlife or fauna or its specimen under sub-section (1) shall be as prescribed. Chapter-4
Provisions Relating to Management Authority and Scientific Authority

16. Management Authority: (1) For the purposes of this Act, the following bodies shall be considered as the Management Authority:
 (a) The Department of National Parks and Wildlife Conservation, in relation to wildlife or its specimen;
 (b) The Department of Forests and Soil Conservation, in relation to flora or its specimen.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by notification in the Nepal Gazette, designate a specific body as the Management Authority for specific wildlife or fauna or its specimen. 17. Functions, Duties and Powers of Management Authority: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Management Authority shall be as follows:
 (a) To regularly monitor whether endangered wildlife or fauna or its specimen is being exported or imported in accordance with this Act or the rules made under this Act,
 (b) To revoke the certificate if the person, institution or body obtaining the certificate violates this Act, the rules made under this Act, or the conditions stipulated in the certificate,
 (c) To conduct or cause to conduct study, research and publicity regarding endangered wildlife or fauna,
 (d) To prepare periodic reports on behalf of the Government of Nepal on policy, institutional and legal measures required to be taken regarding the status of implementation of the Convention,
 (e) To make other necessary arrangements related to the implementation of the Convention, and
 (f) To perform other functions as prescribed. 18. Scientific Authority: (1) For the purposes of this Act, the following bodies shall be considered as the Scientific Authority:
 (a) The Natural History Museum, Tribhuvan University, in relation to wildlife or its specimen,
 (b) The Department of Plant Resources, in relation to flora or its specimen.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by notification in the Nepal Gazette, designate a specific body as the Scientific Authority for specific wildlife or fauna or its specimen. 19.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

19. Functions, Duties and Powers of Scientific Authority: In addition to the functions, duties and powers mentioned elsewhere in this Act, the functions, duties and powers of the Scientific Authority shall be as follows:
 (a) To regularly conduct study and research on the status of the existence of endangered wildlife or fauna found within the territory of Nepal and provide necessary consultation to the Management Authority, and to publish reports as necessary regarding such study and research,
 (b) To issue health certificates for endangered wildlife or fauna or its specimen,
 (c) To provide necessary advice or consultation to the Management Authority regarding species of endangered wildlife or fauna,
 (d) To make decisions regarding the introduction, identification and classification of various species of endangered wildlife or fauna,
 (e) To conduct or cause to conduct publicity on scientific and technical subjects of species of endangered wildlife or fauna listed in the Convention,
 (f) To coordinate among various bodies related to the Convention for the conservation of endangered wildlife or fauna, and
 (g) To perform other functions as prescribed. Chapter-5
Offences and Penalties

20. Acts Deemed as Offence: If any person commits any of the following acts, he/she shall be deemed to have committed an offence under this Act:
 (a) Buying, selling, keeping in possession, using, rearing, planting, cultivating, captive breeding, transporting, exporting or importing, or causing to do so, rare or endangered wildlife or fauna or its specimen contrary to Section 3,
 (b) Buying, selling, keeping in possession, using, rearing, planting, cultivating, transporting, exporting or importing, or causing to do so, protected wildlife or fauna or its specimen contrary to Section 8,
 (c) Failing to register endangered wildlife or fauna or its specimen pursuant to Section 13 or 14,
 (d) Transferring right, title or interest or transferring in name of endangered wildlife or fauna or its specimen without permission under Section 15, or
 (e) Committing any act other than those mentioned in clauses (a), (b), (c) and (d) contrary to this Act or the rules made under this Act. 21.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

21. Penalties: (1) A person committing the following offences shall be punished as follows:
 (a) A person committing an offence related to rare wildlife or its specimen under clause (a) of Section 20 shall be liable to imprisonment for a term ranging from five years to fifteen years or a fine ranging from five hundred thousand rupees to one million rupees or both, according to the gravity of the offence; and a person committing an offence related to rare flora or its specimen shall be liable to imprisonment for a term ranging from one year to five years or a fine ranging from one hundred thousand rupees to five hundred thousand rupees or both, according to the gravity of the offence.
 (b) A person committing an offence related to endangered wildlife or its specimen under clause (a) of Section 20 shall be liable to imprisonment for a term ranging from two years to ten years or a fine ranging from one hundred thousand rupees to five hundred thousand rupees or both, according to the gravity of the offence; and a person committing an offence related to endangered flora or its specimen shall be liable to imprisonment for a term ranging from six months to one year or a fine ranging from fifty thousand rupees to one hundred thousand rupees or both, according to the gravity of the offence.
 (c) A person committing an offence related to protected wildlife or its specimen under clause (b) of Section 20 shall be liable to imprisonment for a term ranging from one year to five years or a fine ranging from twenty thousand rupees to one hundred thousand rupees or both; and a person committing an offence related to protected flora or its specimen shall be liable to imprisonment for a term ranging from one month to six months or a fine ranging from one thousand rupees to fifty thousand rupees or both, according to the gravity of the offence.
 (d) A person committing an act contrary to clauses (c) and (d) of Section 20 shall be liable to a fine ranging from fifty thousand rupees to one hundred thousand rupees, according to the gravity of the offence.
 (e) A person committing any act under clause (e) of Section 20 shall be liable to a fine ranging from one thousand rupees to twenty-five thousand rupees, according to the gravity of the offence.
 (f) A person who aids, abets, incites the commission of any offence under this Act, or attempts to commit such an act, shall be liable to half the punishment prescribed for the principal offender.

(2) An abettor who assists or provides any kind of support to a person committing any act deemed to be an offence under this Act shall be liable to half the punishment prescribed for the principal offender.

(3) A person obstructing or opposing investigation work related to an offence under this Act shall be liable to imprisonment for a term up to three months or a fine up to five thousand rupees or both.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

22. Forfeiture: Endangered wildlife or fauna or its specimen related to an offence under this Act, as well as other objects, materials, weapons and vehicles used in such offence, shall be forfeited. Chapter-6
Investigation and Filing of Case

23. Investigating Officer: (1) The authority to investigate offences under this Act shall vest in:
 - In the case of a National Park, Reserve, Conservation Area or Buffer Zone: the concerned Conservator or an officer-level employee designated by him/her;
 - In other areas, in a district where a District Forest Office exists: the District Forest Officer or an officer-level employee designated by him/her;
 - In a district where a District Forest Office does not exist: an officer-level employee designated by the Government of Nepal.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal may, by notification in the Nepal Gazette, form a joint investigation team or designate any officer of the Government of Nepal for the investigation of offences under this Act.

(3) While investigating an offence, the Investigating Officer or team under sub-section (1) or (2) may exercise the following powers:
 (a) To immediately arrest the offender and take necessary action,
 (b) To search or cause to search any office, house, building, godown, vehicle or any other place in accordance with the prevailing law while investigating an offence under this Act or collecting evidence,
 (c) To seize endangered wildlife or fauna or its specimen related to the offence and other objects, materials, weapons, vehicles and evidence obtained,
 (d) To exercise necessary powers as an Investigating Officer in accordance with the prevailing law while investigating the offence.

(4) While investigating an offence under this Act, the Investigating Officer shall have the same powers as a police officer under the prevailing law regarding taking statements of the accused, preparing site inspection reports, and other investigation-related work.

(5) It shall be the duty of security agencies to provide necessary assistance in the investigation and inquiry work of offences under this Act. 24.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

24. Power to Detain the Accused: (1) If there are sufficient reasons to believe that a person against whom proceedings are initiated under this Act may destroy or conceal any evidence, or may obstruct, hinder or adversely affect the investigation, the Investigating Officer may, stating reasons, issue an arrest warrant in accordance with the prevailing law and detain him/her.

(2) Notwithstanding anything contained in sub-section (1), if an accused person is to be detained, he/she must be produced before the judicial officer having jurisdiction over the case within twenty-four hours of arrest, excluding travel time, and detained only with the permission of that officer.

(3) Upon a request for permission to detain under sub-section (2), the judicial officer having jurisdiction over the case may grant permission to detain for up to a maximum of ninety days, not exceeding thirty days at a time, considering whether the investigation is satisfactory or not. 25. Filing of Case: (1) In cases related to offences under this Act, the Government of Nepal shall be the plaintiff.

(2) After the investigation of an offence under this Act is completed, the Investigating Officer shall forward the case to the concerned Government Attorney for a decision on whether to prosecute or not, and if the Government Attorney decides to prosecute, the Investigating Officer shall file the case. 26. Court Having Jurisdiction: The concerned District Court shall have the jurisdiction to hear cases related to offences under this Act. Chapter-7
Miscellaneous

27.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

26. Court Having Jurisdiction: The concerned District Court shall have the jurisdiction to hear cases related to offences under this Act. Chapter-7
Miscellaneous

27. Special Powers of the Government of Nepal: (1) Notwithstanding anything contained in Sections 3 and 8, upon the request of a country that supports the Government of Nepal's efforts for the conservation of endangered wildlife or fauna, or provides technical assistance to make study or research fruitful for that purpose, the Government of Nepal may provide, as a gift symbolizing the goodwill of the Nepali people and the Government of Nepal, up to one pair of any species of endangered wildlife or its specimen, or any endangered flora or its specimen in the prescribed number or quantity, in any fiscal year, to such country for the purposes of study, conservation education or research.

(2) The Government of Nepal must obtain an assurance through diplomatic channels from the concerned country, before providing wildlife or fauna or its specimen under sub-section (1), that it will not be used for commercial purposes.

(3) The Ministry of Forests and Soil Conservation shall submit an annual report regarding the wildlife or fauna or its specimen provided under sub-section (1) to the concerned committee of the Federal Parliament within three months of the end of each fiscal year.

(4) Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may keep, use any endangered wildlife or fauna or its specimen for the purposes of study, research, observation, monitoring, examination, biological resource conservation or conservation education; and if it is rare wildlife, produce a first generation through captive breeding; and if it is rare flora, artificially produce seeds and seedlings, plant or rear them. 28. Non-application during Transit: (1) Notwithstanding anything contained in Sections 3, 8 and 10, the provisions of this Act shall not apply when a sealed consignment of endangered wildlife or fauna or its specimen is in transit through the territory of Nepal from another country to a third country.

(2) The sealed consignment under sub-section (1) shall remain under the monitoring of the Scientific Authority or the concerned quarantine officer during its stay in Nepal. 29. Act Not Deemed as Commercial Dealing: Notwithstanding anything contained in the prevailing law, arranging the viewing or exhibition of any endangered wildlife or fauna or its specimen, charging a nominal fee not exceeding the rate prescribed for tourism, cultural promotion, traditional knowledge promotion, educational, recreational, sports, research, or aesthetic purposes, shall not be deemed as a dealing for commercial purposes. 30.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

Provided that, even if alive, wildlife or fauna or its specimen that would be harmful to conserve or would adversely affect native endangered wildlife or fauna of Nepal shall be destroyed.
 (c) Auction in accordance with the prevailing law endangered or protected wildlife or fauna or its specimen that does not appear necessary or feasible to conserve,
 (d) Provide to a public institution or body for educational, scientific, study, research purposes or for religious purposes, with necessary conditions, or
 (e) Manage or cause to manage in other ways as prescribed.

(2) Notwithstanding anything contained in sub-section (1), the Government of Nepal shall write to the concerned authority to return to the country of origin the endangered wildlife or fauna or its specimen confiscated due to importation without completing the procedure under this Act.

(3) While writing under sub-section (2), if the concerned country wishes to take back such wildlife or fauna or its specimen, or upon the request of the competent authority of that country, such wildlife or fauna or its specimen may be returned to the concerned country by a decision of the Government of Nepal.

(4) The cost incurred in returning endangered wildlife or fauna or its specimen under sub-section (3) shall be borne by the country taking it back.

(5) The concerned country shall take back such wildlife or fauna or its specimen within ninety days from the date of the decision under sub-section (3).

(6) If the concerned country does not express its intention to take back upon writing under sub-section (2), or having expressed its intention, fails to take back within the period under sub-section (5), such wildlife or fauna or its specimen shall be managed by the Management Authority under sub-section (1).

(7) Before destroying any endangered wildlife or fauna or its specimen under sub-section (1), such wildlife or fauna or its specimen shall be sent to a laboratory as prescribed for scientific examination; and if from the report of such laboratory it appears that such wildlife or fauna or its specimen must be destroyed, it shall be destroyed as prescribed in the presence of representatives of the concerned District Court, District Administration Office and Local Level. 31.
Control of International Trade in Endangered Wild Fauna and Flora Act, 2017

31. National Coordination Committee on Endangered Wildlife and Fauna: (1) For the effective implementation of this Act and the Convention, and to recommend to the Government of Nepal on policy, legal and institutional measures to be adopted for the conservation and promotion of species of endangered wildlife or fauna, and to provide necessary support and coordination in the implementation of this Act, there shall be a National Coordination Committee on Endangered Wildlife and Fauna as follows:
 (a) Secretary, Ministry of Forests and Environment — Coordinator
 (b) Joint Secretary, Ministry of Law, Justice and Parliamentary Affairs — Member
 (c) Director General, Department of Customs — Member
 (d) Director General, Department of National Parks and Wildlife Conservation — Member
 (e) Director General, Department of Forests and Soil Conservation — Member
 (f) Director General, Department of Plant Resources — Member
 (g) Director General, Department of Postal Service — Member
 (h) Deputy Inspector General of Police, Central Investigation Bureau, Nepal Police — Member
 (i) Research Director, National Investigation Department — Member
 (j) Executive Director, National Forensic Science Laboratory — Member
 (k) Chief, Natural History Museum, Tribhuvan University — Member
 (l) Officer designated by the Committee — Member-Secretary

(2) Experts from the concerned field may be invited to the meetings of the Committee under sub-section (1) as necessary.

(3) The procedure for meetings of the Committee under sub-section (1) shall be as prescribed. 32. Publication of Names of Wildlife and Fauna: (1) The Government of Nepal shall publish in the Nepal Gazette for the information of the general public the scientific names, English names and, as far as possible, Nepali names of various species or sub-species of wildlife and fauna listed
Birta Abolition Act, 1959

Birta Abolition Act, 2016

Royal Seal Date: 2016.8.25
Published in Nepal Gazette Date: 2016.9.1

Amending Acts

 Royal Seal and Publication Date

 1. Birta Abolition (Amendment) Act, 2018 2018.10.23 2018.10.24
 2. Compensation Act, 2019 2019.12.30
 3. Birta Abolition (Amendment) Act, 2024 2024.7.6
 4. Revenue Tribunal Act, 2031 2031.4.18
 5. Special Court Act, 2031 2031.6.20
 6. Judicial Administration Reform (First Amendment) Act, 2033 2033.4.10
 7. Judicial Administration Reform (Fourth Amendment) Act, 2043 2043.7.24
 8. Judicial Administration Act, 2048 2048.2.16
 9. Birta Abolition (Third Amendment) Act, 2049 2049.5.29

 Certification and Publication Date

 10. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.7

Act No. 16 of the year 2016



An Act made to abolish Birta land and fix land tax

Preamble: Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to generate a feeling and condition of equality among various classes of people of and maintain good relations, and Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. to maintain and strengthen the convenience and economic interest of the people of and provide facilities, it is desirable to end the feudal practice of enjoying land without paying state tax,

Therefore, Parliament has enacted this Act in the fifth year of the reign of His Majesty King Mahendra Bir Bikram Shah Dev. 1. Short title, extent and commencement: (1) This Act may be called the "Birta Abolition Act, 2016".

(2) This Act shall extend to the whole of Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force immediately. 2.
Birta Abolition Act, 1959

1. Short title, extent and commencement: (1) This Act may be called the "Birta Abolition Act, 2016".

(2) This Act shall extend to the whole of Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force immediately. 2. Definitions: (1) Unless the subject or context otherwise requires, in this Act,-

(a) "Birta land" means all types of land obtained or held as of right with full remission of government land revenue or with payment of less land revenue than that levied on similar types of Raikar land in that locality, and also includes land defined in clauses (b) and (c).

(b) "Birta land of category 'A'" means Birta land obtained with the right to collect and enjoy up to the assessed land revenue, or however obtained, Birta land upon which some or no tax is payable to the Government of Nepal and which is held with the right to collect and enjoy up to the assessed land revenue or according to the amount of land revenue, and also includes uncultivated fallow land and forest Birta land.

(c) "Birta land of category 'B'" means all other Birta land except Birta land of category 'A'.

(d) "Birtawal" means a person in whose name Birta land is registered, or in whose name a deed granting Birta land exists, or who has enjoyed land as Birta land, and also includes a person entitled to enjoy such person's Birta land, and if such person has given it for enjoyment under usufructuary mortgage or any other arrangement, includes that person or his successors-in-interest enjoying such land for the duration of such enjoyment.

(e) "Land revenue" means, in relation to Raikar land, the assessed cash or kind or both types of revenue payable to the Government of Nepal by the person in whose name such land is registered (hereinafter referred to in this Act as the Raikar tenant), and in relation to Birta land, this term also means a similar assessed land revenue (equivalent to that of adjacent Raikar land) collected by the Birtawal and also includes any amount added on a percentage basis to such land revenue with or without the consent of the tenant of the Birta land according to the rights obtained by the Birtawal.
Birta Abolition Act, 1959

Amended by the Birta Abolition (Amendment) Act, 2024.(f) "Revenue Office" means the government revenue office of the Government of Nepal responsible for collecting and recovering land revenue, and also includes the Land Administration Office in places where the Revenue Office has been abolished.

(g) "Income" in relation to Birta land means cash or kind collected in excess of the land revenue by giving the land for cultivation on a tenancy basis to someone with or without a written deed. Added by the Birta Abolition (Amendment) Act, 2024.(h) "Chief of the Revenue Office" shall also be understood to mean the Land Administrator. Deleted by the Judicial Administration Reform (Fourth Amendment) Act, 2043.(i)

(2) Deleted by the Judicial Administration Reform (Fourth Amendment) Act, 2043.

(3) For the removal of doubt when making a decision pursuant to sub-section (2), it is clarified that if a person has given some part of one and the same parcel or plot of Birta land for cultivation to someone with or without a written deed to collect only the land revenue and some part to collect income, or has cultivated some part of such land himself, then even if it is one and the same parcel or plot, the part given to collect only up to the land revenue shall be considered Birta land of category "A" and the part given to collect income or cultivated by himself shall be considered Birta land of category "B". 3. Abolition of Birta: (1) The Birta system existing in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. is hereby abolished from the date of commencement of this Act, and all Birta lands existing up to the day preceding the date of commencement of this Act are abolished.

(2) All Birta lands located in Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. abolished pursuant to sub-section (1) shall be converted into Raikar, and land ownership shall vest in the Government of Nepal, and the rights and interests related to land ownership of the Birtawal in such Birta lands existing prior to the commencement of this Act shall be deemed to have automatically ceased.

(3) Any law, regulation, Sanad, or any other document conferring or maintaining rights and interests related to land ownership of any person in Birta land are hereby repealed and annulled from the date of commencement of this Act. 4.
Birta Abolition Act, 1959

4. Fixing and registering land tax: (1) Subject to Section 11, on lands converted to Raikar pursuant to this Act, land tax is hereby fixed as follows, applicable from the fiscal year 2016-17 on the basis of annual assessment:-

(a) For Birta land of category "A", according to the amount of land revenue that the Birtawal used to collect from the tenant of the Birta land. Provided that if there is fallow land or forest with no tenancy registration or cultivation in anyone's name, it shall be cut off from the Birta ledger. Amended by the Birta Abolition (Amendment) Act, 2018.(b) For Birta land of category "B" in Kathmandu Valley as follows:-

 Irrigated (Khet) Dry Upland (Pakho)

 (1) Per 1 Ropani of Awal N.Rs. 3.- N.Rs. 1.14
 (2) Per 1 Ropani of Dwayam N.Rs. 2.44 N.Rs. 1.94
 (3) Per 1 Ropani of Seem N.Rs. 1.69 N.Rs. 1.56
 (4) Per 1 Ropani of Chahar N.Rs. 1.12 N.Rs. 1.37

Provided that for Birta land of category "B" in Kathmandu Valley:-
(1) If the rate of land tax payable for the fiscal year 2016-17 at half the rate of the land revenue levied on adjacent Raikar land is lower than the said rate, land tax for that year for such Birta land shall be levied at that lower rate.
(2) If the rate of land tax payable for the fiscal year 2017-18 according to the amount of land revenue levied on adjacent Raikar land is lower than the said rate, land tax for that year for such Birta land shall be levied at that lower rate. For Birta land of category "B" in other hilly areas and Terai areas of Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., according to the amount of land revenue levied on adjacent Raikar land. Provided that for the fiscal year 2016-17, only half of the amount of land revenue levied on adjacent Raikar land shall be taken. Added by the Birta Abolition (Amendment) Act, 2018.(c) If any person has already paid more land tax for the fiscal years 2016-17 and 2017-18 than what is payable according to clause (b), upon submitting a written claim with supporting evidence, the excess amount paid as proven shall be refunded to such person.

(2) The Chief of the Local Revenue Office shall determine the land tax fixed pursuant to sub-section (1), and shall register such Birta land as Raikar, prepare a ledger, and collect the land tax as follows:-

(a) For Birta land of category "A", in the name of the tenant of the Birta land.
Birta Abolition Act, 1959

Provided that uncultivated fallow land and forest shall not be registered in anyone's name and shall be treated like other fallow land and forest of the Government of Nepal.

(b) For Birta land of category "B", in the name of the Birtawal. Provided that if the land is registered in the name of a person enjoying it under usufructuary mortgage or a successor-in-interest to whom such enjoyment has been transferred, such person's right shall subsist only in the form of usufructuary mortgage, and such person shall not be entitled to refuse redemption under prevailing Nepal law, and the person redeeming shall retain the right to register it as Raikar in his own name.

(3) Any person dissatisfied with the rate determined pursuant to sub-section (2) for Birta land of category "B" may appeal to the Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Chief District Officer, and any person dissatisfied with the decision of the Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. Chief District Officer may appeal to the Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. relevant Revenue Tribunal.

(4) If in adjacent or nearby similar Raikar land in the area of Birta land of category "B" the land revenue is lower on one side and higher on the other, the land tax shall be determined by maintaining the higher rate until another order of the Government of Nepal.

(5) If any kind of tax or due was payable to the Government of Nepal on land for which land tax is fixed under this Act, prior to the commencement of this Act, such tax or due shall be deemed to be included in the land tax, and the ledger for such tax or due shall be cut off. 5. Revenue Officer may call for documents: (1) If the Revenue Officer wishes to examine documents related to Birta lands converted to Raikar under this Act, he may issue a written order to the Birtawal or to the Birtawal's agent appointed for the supervision or management of the Birta to present such documents.

(2) If any person fails to comply with the order given by the Revenue Officer under sub-section (1), the Revenue Officer may impose a fine of up to N.Rs. 500.-- five hundred on such person and may also seize the documents. 6.
Birta Abolition Act, 1959

500.-- five hundred on such person and may also seize the documents. 6. Payment of land tax: (1) Unless other arrangement is made, the land tax fixed under Section 4 shall be paid at the local Revenue Office by the tenant, if there is a tenant (Jimidar), through the tenant (Jimidar), and if there is no tenant (Jimidar), by the person registered under sub-section (2) of Section 4, in the same manner as the land revenue of Raikar land is paid, and the prevailing Nepal law relating to the payment and collection of land revenue shall also apply to the payment and collection of such land tax. Added by the Birta Abolition (Amendment) Act, 2018.Provided that, for the fiscal years 2016/17 and 2017/18, the land tax payable and collectible under this Act may be paid and collected in installments as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(2) Without prejudice to the generality of the matters stated in sub-section (1), if the land tax under Section 4 is in arrears, proceedings shall be taken and recovery made in the same manner as for arrears of land revenue of Raikar land.

(3) From the date of commencement of this Act, a Birtawal having Birta land of category "A" for which land tax has been fixed under Section 4, or his agent, shall not be entitled to collect or receive the land revenue of such land.

(4) A Birtawal having Birta land of category "B" for which land tax has been fixed under Section 4 may add the land tax to the rent or dues collected from the person cultivating the land and recover it.

(5) If there are Jimidars, Patwaris, Jimma Walls, or Thari Mukhiyas in relation to Birta land, their rights and obligations shall be similar to those of such persons for Raikar land.

(6) The Birta revenue offices existing on behalf of the Birtawal to perform the Birtawal's work shall, from the date of commencement of this Act, be converted into Revenue Offices of the Government of Nepal, and the Birta-related documents in such offices shall be deemed to be documents of the Government of Nepal.

(7) The employees of the Birtawal in offices converted into government offices under sub-section (6) shall be deemed to be civil servants of the Government of Nepal. 7.
Birta Abolition Act, 1959

7. Registration required: Amended by the Birta Abolition (Amendment) Act, 2024.(1) A Birtawal of category "B" shall, within 120 days of the commencement of this section, submit the following details of his Birta land and any outstanding land tax or land revenue to the local Revenue Office, or to the Land Administration Office in places where the Revenue Office has been abolished, and get it registered, and after the outstanding land tax or land revenue is deposited, the Revenue Office or Land Administration Office shall issue a certificate of submission of such details and register such land in his name in its records and also in the land survey master ledger.

(a) Area of the Birta land (Bigha, Ropani, etc.), and if such records are not available, the approximate area, and if known, the boundaries of the land,
(b) If a land survey has been conducted by the Government of Nepal, the amount of land revenue or land tax determined by such survey, and in case of receiving Birta cultivated land, the amount of Birta land revenue fixed at the time of receiving it,
(c) Names of persons cultivating the land, the area cultivated by them, and the rent or dues payable to each Birtawal,
(d) Any other matter specified by the Government of Nepal.

(2) If there is a Birtawal of Birta land of category "A" or a Birtawal managing any Birta land, the person-in-charge (Incharge) of such estate shall have the duty to submit the necessary documents with details as per sub-section (1) to the Local Revenue Office, and if the Birtawal ordinarily resides outside Nepal, the person supervising or managing his Birta shall also have such duty.

(3) If the details required to be submitted under sub-section (1) or (2) are not submitted, or if submitted, Added by the Birta Abolition (Amendment) Act, 2018.it is found that specific matters have been knowingly misrepresented, each person having the duty to submit such details under sub-section (1) or (2) may be punished by the Chief of the Local Revenue Office with a fine of up to Rs. 1000/-- or imprisonment for up to 1 year or both.

(4) Deleted by the Birta Abolition (Third Amendment) Act, 2049

Amended by the Birta Abolition (Amendment) Act, 2024.(5) An appeal against the order of punishment under sub-section (3) may be made to the Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. relevant Revenue Tribunal.
Birta Abolition Act, 1959

Added by the Birta Abolition (Amendment) Act, 2024.(6) If the owner or tenant of land, which is Birta land of category "B" abolished and converted into Raikar under this Act, wishes to have his land surveyed, the Local Revenue Office may, upon executing an agreement to pay survey expenses at the rate of 10 percent of the land tax per annum for up to 5 years, arrange for a Plane Table Survey to be conducted as appropriate. 7A. Person cultivating land may get Birta land registered: (1) A person cultivating Birta land of category "B" shall, within the period specified by the Government of Nepal after the commencement of this section, submit an application to the Revenue or Land Revenue Office of the concerned district for registration of such land in his name, stating his available evidence or evidence known to him, and the plot number, four boundaries, name, surname, residence, rent, dues of the Birtawal.

(2) Upon receipt of an application under sub-section (1), if after necessary inquiry into the application, it appears that the land mentioned is not already registered in the name of a Birtawal or does not fall under Raj Guthi and is former Birta land registrable in the name of the applicant, the Revenue or Land Revenue Office shall, upon collecting fees and charges specified by the Government of Nepal by publishing a notice in the Nepal Gazette, register such land in his name. 8. Revenue Officer to exercise certain powers of court: While performing his duties under this Act, the Chief of the Revenue Office shall have the authority of a court for taking statements, requiring submission of written evidence, issuing summons in the name of witnesses, conducting spot inspections, etc. 9. Compensation: (1) Compensation as specified in the Schedule shall be paid by the Government of Nepal to a Birtawal holding Birta land of category "A", Deleted by the Compensation Act, 2019

(2) In calculating the compensation payable under sub-section (1), it shall be calculated as a percentage of the one year's land revenue determined to have been received by a Birtawal having conclusive proof of right and enjoyment. Provided that, for the purposes of compensation mentioned in this section, the Government of Nepal shall not recognize any deed under Rs.