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Pasture Land Nationalization Act, 2031 (1974)
Date of Authentication and Publication
2031.6.20 (6 Oct. 1974)
Amendment:
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066(2010)1 2066.10.7(21 Jan. 2010)
Act Number 12 of the year 2031 (1974)
……………………… 2
An Act Made to Nationalize the Pasture Land
Preamble: Whereas, it is expedient to nationalize the pasture land in
order to maintain the convenience and economic interest of the general
public;
Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev
has, on the advice and with the consent of the National Panchayat, made
this Act.
1. Short title, extension and commencement: (1) This Act may
be called as "Pasture Land Nationalization Act, 2031 (1974)."
(2) It shall extend to the whole of………..3 Nepal.
(3) It shall come into force in such district and on such date
as may be specified by the Government of Nepal by publishing a
notice in the Nepal Gazette.4
1
This Act came into force on 15 Jestha 2065(28 May 2008).
2
Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
3
Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
4
By a Notification published in the Nepal Gazette of 2033.9.27(10 Jan. 1977), this Act commenced
in Kavrepalanchok, Sindhupalchok, and Rasuwa Districts on 2033.10.1(14 Jan. 1977).
1
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2. Definitions: Unless the subject or context otherwise requires, in
this Act:
(a) "Pasture land" means any land that has been used only for
animal grazing by any name including pasture, pasture
Chowk (junction), whether registered with any office or not.
(b) “Registration holder’ means a person or persons who has or
have registered a pasture land in his or her name or
collectively subject to the payment of land revenue or
pasturing fee to the Government of Nepal pursuant to the
prevailing Nepal law and who has or have the right in the
pasture land by virtue of that registration.
(c) “Land Revenue Office” means the Land Revenue Office in a
place where such office is situated, and the Land
Administration Office where such office is not situated.
3. Nationalization of pasture land: After the date of
commencement of this Act, all pasture lands situated
in…………5.Nepal shall be nationalized and the ownership of such
lands shall devolve on the Government of Nepal, and the right
relating to the ownership of landholders in such pasture lands
existing prior to the commencement of this Act shall ipso facto
lapse.
Provided that,
(a) Notwithstanding that the land has been used
only for pasturing for personal use, the
landholder shall be entitled to hold the land if
it is within the ceiling specified by the
prevailing Nepal law.
5
Deleted by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(…).
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(b) The Government of Nepal may grant
exemption pursuant to the prevailing Act, law,
for the following purposes even after the
commencement of this Act:
(a) Fruits farming,
(b) Animal husbandry,
(c) Herbs farming,
(d) Tea farming.
4. Compensation to be provided: (1) The Government of Nepal
shall, on recommendation of the committee formed as per the
Rules, determine reasonable amount of compensation to be
provided to the landholders of the pasture land nationalized
pursuant to Section 3.
Such a committee shall consist of, inter alia, the president of
the concerned District Development Committee 6, Chairperson7 of
the local Village Development Committee8 or their representatives.
(2) The Land Revenue Office shall affix a notice for the
information to the concerned landholders, and calling upon them to
show up to receive the amount of compensation as referred to in
Sub-section (2).
(3) A landholder shall make an application, accompanied by
the evidence of his or her title and possession, to the concerned
Land Revenue Office, to obtain compensation within one year after
the date of affixation of notice as referred to in Sub-section (2).
6
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
7
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
8
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
3
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Provided that, if any person fails to make application even
within One year after the date of affixation of notice, the person
shall not be entitled subsequently to make any claim on the
compensation.
(4) The Land Revenue Office shall make necessary
examination of the applications made pursuant to Sub-section (3)
and give compensation to the landholders on pro rata of the land
revenue/tariff.
Provided that, if there arises any question on the right to
compensation or the figure of compensation, the Land Revenue
Office shall provide compensation as decided by the court.
5. Arrangement of pasture land: (1) The Government of Nepal
shall cause the Land revenue Office to maintain separate inventory
of the pasture land nationalized pursuant to Section 3 and assign the
responsibility to the local Village Development Committee9 for the
protection of such land and pasturing.
Provided that, nothing contained in this Sub-section shall be
deemed to prevent the Government of Nepal from providing the
pasture land in which more than one Village Development
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Committee has right of way to more than one Village
Development Committee.
(2) The local Village Development Committee11shall protect
and reform the pasture land of which responsibility has been
assigned to it pursuant to Sub-section (1), and not use, or cause to
be used, the land for any other purpose except pasturing.
9
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
10
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
11
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
4
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6. Land to be allowed for grazing upon collection of grazing
fee: (1) The Village Development Committee shall allow the
pasture land under its jurisdiction for the grazing by all animals
including those animals who have been grazing there since ago by
collecting the annual grazing fee at the rate of a maximum of Three
Rupees for each big animal including a yak, cow, buffalo, horse
and mule and a maximum of One Rupee for each small animal
including a he-goat, she-goat, ship and mountain goat.
(2) The grazing fee recovered pursuant to Sub-section (1)
shall be credited to the fund of the Village Development
Committee.
7. Power to give direction to Village Development
Committee 12: If the Government of Nepal so considers necessary,
it may give necessary direction to the Village Development
Committee 13 for the protection, reform of the pasture land and
pasturing, and it shall be the duty of the Village Development
Committee14 to abide by such direction.
8. Power to frame Rules: The Government of Nepal may frame
Rules to implement the objectives of this Act.
12
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
13
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
14
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).
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