Land (Survey) Rules, 2058 (2001)

www.lawcommission.gov.np 1 Land (Survey) Rules, 2058 (2001) [ Date of Publication in Nepal Gazette 2058-03-28 (12-JUL-2001) In exercise of the power conferred by the Section 4 of the Land (Survey) Act, 2019 (1963), the Government of Nepal has framed the following Rules. 1. Short Title & Commencement : (1) These Rules may be called "Land (Survey) Rules, 2058 (2001)". (2) These Rules shall come into force immediately. 2. Definition : Unless the subject or context otherwise requires in these Rules. (a) "Act" means Land (Survey) Act, 2019 (1963). (b) "Survey Team" means the survey team under the General Survey Office (Naapi Goswara). (c) "Re–survey" means the survey conducted again in the area where the survey already has been conducted before. (d) "General Survey Office" means the General Survey Office (Naapi Goswara) or Survey Office under the department for conducting the survey. (e) "Committee" means the omitted land (Chuut Jagga) registration recommendation committee pursuant to Sub-rule(1) of Rule 11. (f) "Survey Officer" means the chief survey officer or survey officer of General Survey Office (Naapi Goswara) conducting the survey of land pursuant to Sub-section (1) of Section 3 of the Act and this word also refers to the survey officer of the survey Section making updates of survey map and record books. www.lawcommission.gov.np 2 (g) "Survey Section" means survey Section making updates of survey map and record books. (h) "Chief of the team" means chief of the survey team. (i) "Department" means Department of survey. (j) "Director General" means Director General of the Department. (k) "Permit" means the permit issued to conduct the function of survey map pursuant to Sub-rule(2) of Rule 26. Chapter – 2 Provision Related to the Survey of Land 3. Notice to be published to conduct the survey of land : (1) After issuing an order to survey the land in all or any region (area) within the state of Nepal, by the Government of Nepal pursuant to Sub-section (1) of Section 3 of the Act, the survey team shall publish a notice mentioning the survey area and date of starting of the survey pursuant to Schedule - 1, in any place of the concerned ward of concerned municipality or Village Development Committee, in such a way which can be seen by all. (2) One copy of the Notice pursuant to Sub-rule(1) shall be sent to the concerned Municipality or Village Development Committee by the Survey team. 4. Land to be surveyed : (1) After publishing the notice pursuant to Rule 3, on the day assigned for conducting the survey of land, the landowner or tenant of the concerned land shall demark each plot of their land fixing (determining) the boundaries in the presence of the owner of the adjacent plots of the land and representatives of concerned Municipality or Village Development Committee, presenting him/her self or sending his/her own representative at the base of the survey team www.lawcommission.gov.np 3 with the evidences of his/her right to ownership and possession pursuant to Sub-section (5) of Section - 6 of the Act. (2) Upon demarcating the boundaries affixing it, the survey team shall publish a seven days notice pursuant to Schedule - 2 after the completion of survey map of a map sheet of surveyed land within a ward. (3) If any complain has not been submitted within the period published pursuant to Sub-rule(2), the survey team shall register such land in the field book prescribed as in the format of Schedule - 3 by matching the evidences of ownership and possession of concerned landowner, tenant with existing record. (4) While registering the house/building having the separate ownership in ground floor or upper floors or on a single floor, making survey measurement in the field book as pursuant to Sub-rule(3), such separately owned house/building and land shall be registered in the format as prescribed in Schedule - 4. 5. Complain and Decision : (1) The person who has been unsatisfied with the notice published pursuant to Sub-rule(2) of Rule 4, may submit a complain to the survey team in the format prescribed in Schedule - 5. (2) Upon examination/inquiry of the complain received pursuant to Sub-rule(1), the survey team shall give the decision within fifteen days on the issue except than in the question raised on the matter of ownership (Tero-mero). 6. Notice to be published on second time : (1) The survey team shall publish a fifteen days notice for second time to the owners of the land and tenants who has not present or sent their representative to register the land during the survey of the land pursuant to Rule-4, mentioning the plot number of the land that has left to be registered and asking to come to register the land, in the format prescribed in Schedule - 6. www.lawcommission.gov.np 4 (2) If the land owner or his/her representative has been present within the period pursuant to Sub-rule(1), the survey team may register the land in the name of the concerned person by matching the evidences of possession and existing record (register) and by charging five rupees per plot as fine. (3) The land of the land owner who has not been present him/herself or sent the representative to register his/her land in even with the period provided for second time pursuant to Sub-rule(1), may be registered by the survey team in the field book by making match with the details mentioned in the existing record (register), in the presence of a representative of the ward committee. 7. Provision related to provisional (temporary) Registration : (1) Except on making the re-survey, if the question relating to ownership (Tero-mero) comes between two or more than two persons during the survey, the survey team shall collects the required evidences from the concerned parties and submit itto the General Survey Office. (2) If the submission has been made for the decision pursuant to Sub-rule(1) the General Survey Office shall make a decision within the thirty days for provisioned registration of such land in the field book until the final decision has been made by the court in the name of the party whose evidence deems more strong in making the required examination (inquiry). 8. The area of Village Development Committee or Municipality or the border of an ward to be Demarcated : (1) While Demarcating the area of a Village Development Committee or a Municipality or the boundary/border of an ward has to be demarcated (determined) pursuant to Section - 5 of the Act, the survey team shall publish a notice in the base of the team, mentioning the detail that a representative of concerned Village Development Committee or Municipality has to be present on the day prescribed (fixed) for making www.lawcommission.gov.np 5 the demarcation as such and one copy of that notice shall be sent to the concerned Village Development Committee or Municipality for their information (knowledge). (2) The Survey team shall made demarcation of boundary,/border of a Village Development Committee or a Municipality on the basis of the boundary or border as shown by the representatives of Village Development Committee or Municipality, who has been attended according to the notice published as pursuant to Sub-rule(1). (3) While demarcating the border pursuant to Sub-rule(2) the survey committee shall make demarcation according to the decision made by the Ministry of Local Development. If a debate has been emerged between two or more than two Municipality, Village Development Committee or ward then, on the recommendation of concerned Chief District Officer and if the debate has been emerged between two or more than two zones and districts then on the recommendation of Chief District Officers of the concerned districts. 9. The area of the land to be calculated and amended : (1) The area of the land surveyed pursuant to Sub-section (1) of Section - 4 of the Act shall be calculated in the format prescribed in Schedule - 7 and be established as such. (2) If in relation to the area established pursuant to Sub-rule(1), the differences (Ghati Badhi) has been found by the application submitted or any way, the concerned General Survey Office shall correct the area after making required inquiry/examination and also shall give (provide) the notice of it to the concerned land owner. 10. Provisions related to the registration of omitted land (Chhut Jagga) : (1) If The survey of any land has been omitted during the survey or if the registration has been omitted even though it has been surveyed then the concerned person may submit an application to the www.lawcommission.gov.np 6 General Survey Office along with the required documents for making the survey or registration of such land. (2) If the application has been received pursuant to Sub-rule(1) the General Survey Office shall submit that application before the committee as pursuant to Rule 11 and shall proceed as according to the recommendation of that committee. (3) After the starting of survey work in any Ward of any Municipality or Village Development Committee pursuant to this Rule, the land revenue office shall send those files which has been proceed for the registration of omitted land and remained to make decision within the area of that Ward or Village Development Committee to the concerned General Survey Office for required (necessary) process. 11. The formation of omitted land registration committee : (1) For the purpose of Sub-rule(2) of Rule 10 the following omitted land registration committee shall be constituted in the district where the General Survey Office has been situated : (a) Chief of General Survey Office – Chairperson (b) Land Revenue Officer –Member (c) Officer representative of District Administration Office –Member (d) Officer representative of District Forest Office –Member (e) Chairperson of concerned Village Development Committee or Chair person of concerned Ward of the Municipality –Member (2) The committee constituted pursuant to Sub-rule(1) shall itself and manage it's own procedure. www.lawcommission.gov.np 7 12. Registration Book may be corrected : (1) If the original road or water course (Kulo) has been changed pursuant to Section 6D of the Act or if a concerned person desires to correct the differences which occurred in the registration book, due to the expansion of a road or a water course after providing land by him/her then such concerned person may submit an application before the General Survey Office. (2) If an application has been received pursuant to Sub-rule(1) the concerned General Survey Office shall submit that application to the committee formed as pursuant to Rule 11. (3) The General Survey Office shall correct the registration book as according to the recommendation made by that committee after making required (necessary) inquiry on the application submitted pursuant to Sub-rule(2). 13. The area of a land adjoining a Government or a public land to be determined : For the purpose of Sub-section (2) of Section 7 of the Act, If a dispute has been arised (seen) about the increase or decrease personal land adjoining a Government or public land, the area shall be determined as according to the recommendation made by a committee formed as pursuant to Rule 11, upon presenting the issue on the committee. 14. Landowner registration certificate-slip to be provided : (1) After completion of the survey of a land, the survey officer shall prepare two copies of plot book (register) in the format prescribed in Schedule - 8 and land owner registration book (register) in the format prescribed in Schedule - 9, on the basis of the field book. (2) After preparing the registers (books) pursuant to Sub-rule(1) the survey officer shall prepare land owner registration certificate-slip in the format prescribed in Schedule - 10 and provide such land owner www.lawcommission.gov.np 8 registration certificate-slip to the concerned land owner or his/her representative. (3) If there has been a separate ownership for Ground floor, upper floor or in a single floor of any house the separate land owner registration certificate slip has to be prepared for such separately owned floors as in the format prescribed in Schedule - 11 and provided to the concerned land owner or his/her representative. (4) If anybody has not received the land owner registration certificate-slip pursuant to Sub-rule(2) or (3) or even if received he/she has not satisfied on it, he/she may submit a complain with it's reason, within the sixty days of starting of distribution of land owner registration certificate slip or receiving of land owner registration certificate slip, to the concerned General Survey Office. (5) After making required (necessary) inquiry on the complain received pursuant to Sub-rule(4), if the land owner registration certificate has to be provided then the General Survey Office shall provide the land owner registration certificate-slip and if it has to be corrected then another landowner registration certificate-slip has to be provided by making the correction. (6) Notwithstanding anything contained in Sub-rule(5), upon making inquiry on the application received pursuant to Sub-rule(4), if land owner registration certificate-slip has not been provided or made corrected due to the dispute relating to the ownership that has been arised pursuant to Sub-section (7) of Section 6 of the Act, the General Survey Office shall immediately provide a slip mentioning a detail that it shall be as according to the decision received from the court on that dispute, to the complainant. 15. Registration of Government or Public Land : (1) As pursuant to the Sub-section (4) of Section 8 of the Act, the Government land shall be registered as following : www.lawcommission.gov.np 9 (a) The land possessed by a Government office either having the evidence of ownership or not, on the basis of such evidence or possession, in the name of concerned office, (b) The land of Government forest area, in the name of Government of Nepal, (c) The other Government land except mentioned in Clause (a) and (b), in the name of Government of Nepal. (2) A General Office or Village Development Committee or Municipality shall provide necessary assistance in the registration of Government land pursuant to Sub-rule(1), by sending their representatives. (3) While registering the public land pursuant to Sub-section 4 of Section 8 of the Act, the nature and details of the land shall be clearly mentioned in the column Type (Birah) of the field book and remarked as public land in the column of the land owner. (4) After registering the land pursuant to Sub-rule(1) and (3), the General Survey Office shall send the land owner registration certificate slip after preparing it, to the office if the land has been possessed by a Government Office and if the land is other Government or public land then to the District Administration Office. (5) If any land surveyed in the past remarking as Government or public land has been possessed by anybody making cultivation or habitat, such land shall be registered as Government or public land as usual during the survey. (6) Except in the area surveyed on the basis of control point, in other area the record of the Government or public land shall be kept preparing it on the basis of Geotadic survey. www.lawcommission.gov.np 10 16. Land to be registered matching the existing registration book (record) : (1) Notwithstanding anything written in this chapter, if a question of ownership has been raised between two or more than two persons during the re-survey of a land which registration record onece, has already been prepared after making survey, the General Post Office shall make registration of land matching the existing registration record. (2) If the condition of a land which registration has been existing in the name of a person making survey once, has been changed due to the entrance of a river, then during the re-survey in the type (Birah) column of the field book river (Khola) or bank (Bagar) has to be mentioned and in the remark (Kaiphiyat) column of the book the detail mentioning the ownership of concerned land owner shall be mentioned attesting as such. (3) If concerned person has submitted an application mentioning that the land attested pursuant to Sub-rule(2) has been recovered (Ukas) after being left by the river, the survey Section shall maintain the record (register) in the name of the concerned person making an inquiry on required matters, and give the information to the land revenue office. 17. Required correction may be made : (1) If an application has been filed to make correction in the alteration that has been made in the name, surname, address, age, three generation identity (Tin Puste) of a person, plot number, area or type of a land while preparing a plot record or land owner registration record pursuant to the Act, and these Rules, the survey officer shall make correction on the record making inquiry on required matters. (2) If the alteration (differences) has been seen in the actual condition of the land upon making a survey and due to the technical mistake in the map, the survey officer may correct such matter taking the approval of the department. www.lawcommission.gov.np 11 Provided that, While making such correction in case of the land adjoining the government or public land, the recommendation of the committee pursuant to Rule 11 also shall be received. 18. Entry in the land may be made : For the purpose of the survey that has to be conducted pursuant to the Act or Rules, the employee or authorized person deputed by the department or office under it may enter in any land. 19. Compensation to be paid : The compensation of the land used for setting up a control point pursuant to Section 9A of the Act, shall be provided to the concerned land owner and tenant by the department as according to the value prescribed by the land revenue office for the purpose of registration. Chapter – 3 Categorization of Grade of Land 20. Criteria for the categorization of grade of land : (1) For the purpose of categorization of grade of land pursuant to Section 10 of the Act, such land which has to be surveyed shall be divided in the following two area on the basis of their utility. (a) Agricultural Area, (b) Commercial and Residential Area. (2) To divide the area pursuant to Sub-rule(1), a committee consisting the following official shall be established in each district : (a) Chief District Officer – Chairperson (b) Member of the District Development Committee assigned by the www.lawcommission.gov.np 12 chairperson of the concerned District Development Committee – Member (c) Chief of the Land Revenue Office – Member (d) Chief of the Revenue Office or if he/she has not available then the chief of the Public Fund and Account Controller Office – Member (e) Chief of the General Survey Office when General Survey Office exists and if not exist then Chief of Survey Section – Member Secretary (3) After making division of area of the land pursuant to Sub rule(1), the chief of the survey team shall categorize the grade on the basis of the points as given Schedule - 12, in the presence of the representative of concerned Village Development Committee or Municipality and after making categorization a notice shall be published for the knowledge (information) of General Public. 21. Complain related to the categorization of grade of land : (1) A person who has not satisfied on the categorization of grade of land made pursuant to Sub-rule(3) of Rule 20 may submit a complain to the General Survey Office within the seven days of publication of a notice for making categorization of grade of land. The complain thus submitted shall be decided by the following committee making on inquiry on it and the decision made by that committee shall be final (ultimate). (a) For the area of a Village Development Committee : (1) Chairperson of the concerned Village Development Committee – Chairperson (2) Land Revenue Officer – Member (3) Survey Officer – Member www.lawcommission.gov.np 13 (b) For the area of a Municipality : (1) Chief of the Municipality – Chairperson (2) Chief of the Land Revenue Office – Member (3) Chief of the General Survey Office – Member Chapter – 4 Map of the Land and Register (Record Book) to be updated 22. Map and Record Book to be updated : (1) The job of updating of the plot survey map that has been prepared making a survey of land and the record book (Shresta) shall be on concerned survey Section. (2) Notwithstanding anything contained in Sub-rule(1), the function of updating of other map and record book except than the plot survey map and record book shall be on the department. (3) While updating the map and record book pursuant to sub Rule (1) the survey Section shall perform as following: (a) If the ownership of a plot of a land has been changed due to registration or other process then the details of that shall be mentioned in plot record book and also in plot division record book (plot register), (b) If the grade of any land has been altered (changed) due to natural calamity or any other reason or if a request has been made by any person or agency to change the grade of a land and that details deemed to be appropriate then to send to the land revenue office to adjust the record book making a change in the grade of the level, (c) If the plot has to be divided according to the registered deed from the land revenue office or the www.lawcommission.gov.np 14 decision of a court, then to keep update of the map by filling the ink after dividing the plot, (d) If an error has been found upon dividing the plot or filling the ink in the map, the required, correction to be made according to the record taken from the land revenue office and to give the information of it to the concerned land owner and land revenue office, (e) If the concerned owner has submitted an application to merge the two or more than two plots of a single landowner situated in a place and adjoining together in a single plot then to send in written to the land revenue office for adjusting the record book establishing (make) a single plot by taking information from land revenue office and mentioning in the plot record book of the office and. (f) To mention the details of those land which has remained to register in the field book as according to the received information that has being registered pursuant to prevailing law, in the remarks column of the field book and plot record register, (g) If the small plots of land could not be clearly shown in the map as according to the scale of the map then to keep the details of such land in the separate file by preparing file map in larger scale and putting the mark on the map and mentioning the details on record register, Explanation : For the purpose of this Clause "File map" means the separate file map prepared to show www.lawcommission.gov.np 15 clearly the small plots which could not be clearly shown in the existing map or prepared in the larger scale than that. (h) To prepare the plot map in the area specified the director general with separate measurement of each plot by asking to establish border mark, as according to the border which has been separated in the presence of concerned land owner, representative of concerned Village Development Committee or Municipality and the land owners of neighboring plot attending there, (i) To adjust (correct) the shape of the two plots if both of the land owner of adjoining plot demands for such adjustment to the curve border between two plots in a geometrical shape without making any difference in the area. (4) Notwithstanding anything contained in Sub-rule(3), the function of updating the map record register shall be taken place by the General Survey Office only in the condition on which General Survey Office has not submitted (handed over) the record register after the survey. 23. Assistance to be provided in updating the map record register : (1) For the function of updating the map record register pursuant to this chapter the Municipality, Village Development Committee and concerned General Offices shall assists to the survey Section by providing the information with details of the construction work that has been made from their side, in time. (2) After receiving the information pursuant to Sub-rule(1), the survey Section shall update the plot survey map and the department, shall update other maps. www.lawcommission.gov.np 16 24. The area may not be reduced while surveying for merging or integrated development of land : While surveying any private, Government or public land for merging (Chaklabandi) or integrated development by the Government of Nepal pursuant to Section 11c. of the Act, the area of Government or public land remaining within merged or integrated area shall not allowed to be reduced even though the location of it has been changed. Chapter – 5 Map to be Published and Surveying to be Allowed 25. Air Survey, Map publication may be dome by taking permission : (1) Except in the survey conducted as according to the act and these Rules by various bodies or offices of Government of Nepal pursuant to Section 11d. of the Act, a person desiring to conduct the Air Survey, to use the control points established by the Government of Nepal, to use the map prepared by Government of Nepal or to sell the map which published abroad within Nepal may submit an application before the director general. (2) If an application has been received pursuant to Sub-rule(1) the director general may provide approval in condition of fulfilling the following terms : (a) To be limited within the region specified by the director while conducting the air survey, (b) Not to publish the map against the purpose for which the approval of publication of map has been taken (received), (c) To take approval on the manuscript prior to the publication of the map, www.lawcommission.gov.np 17 (d) Not to use the control point for other purpose than the purpose for which the approval for use of control point has been taken, (e) To follow the other terms prescribed by the survey committee as pursuant to Rule 32. (3) The survey map conducted/prepared on Government or public expenditure shall be as according to the specification prescribed by the department. 26. Provisions related to the permission for surveying : (1) If a person acquiring the qualification pursuant to Rule 28 or an agency which has been affiliated with such a qualified person desires to conduct the surveying pursuant to Section 11e. of the Act shall submit an application for the permission (permit) before the department. (2) After receiving an application pursuant to Sub-rule(1) the department shall send the application before the examination committee as pursuant to Rule 27 and if the committee has made a recommendation mentioning that it is appropriate to provide the permission to the applicant, the department may issue a permit in the format prescribed in Schedule - 14, allowing to perform the following activities of surveying : (a) Plot maping and updating it, (b) Conducting engineering survey, (c) Conduct Geo-tedical survey except than the base map of Nepal, (d) Conducting Thematic Survey. (3) The person or Agency taking permit pursuant to Sub-rule(2) shall deposit the bank guarantee of the amount prescribed by the director general or give mortage, prior to taking such permit. www.lawcommission.gov.np 18 27. Provisions related to test committee : (1) For the purpose of making recommendation by taking examination for appropriateness of a person or an agency for receiving the permit to conduct the survey work, the following Test committee shall be established to determine the curriculum and to conduct the examination : (a) One person designated by the director general among the Gazetted First Class officers of the department – Chairperson (b) The Representative of concerned subject of Tribhuvan University, one person – Member (c) Two persons designated by the director general from among the non-governmental professional persons or agencies – Member (d) Chief of Planning Section, Department – Member-secretary (2) The Test Committee pursuant to Sub-rule(1) itself shall determine it's procedure. 28. Qualification of the person desiring to receive the permit : The person desiring to receive permit shall have received at least one year training from a recognized agency (institution) and acquired the experience for at least ten years in Government, Non-government sector after completing the Bachelors Degree in survey or Bachelor of science with taking mathematics or Master's Level in Geography. 29. Permit Fees : Five Thousand Rupees fee shall be charged for the permit fee. www.lawcommission.gov.np 19 30. Terms and conditions to be followed by a person or an agency, which has received the permit : (1) The person or agency which has received the permit shall follow the following terms and conditions : (a) Not to perform any activity other then the activity for which the permit has been received, (b) To remain under the prevailing law and the norms determined by the department in time to time. (2) If it is found that person or an agency receiving the permit has performed any activity against the Sub-rule(1), the Director General may suspend or repeal his/her permit maximum for six months as according to the situation. (3) If any damage or loss has been made to the Government or any person from the activities of a person or an agency receiving the permit, the Director General may make to pay back the compensation for that damage or loss to the concerned party from he/she, repealing the permit. 31. Duration and Renewal of the permit : (1) The duration of a permit shall remain till the end of Ashar (Ashar masant) of each year. (2) After completion of the period pursuant to Sub-rule(1) the permit may be renewed by paying One Thousand Rupees as renewal fee within the end of the Ashwin (Ashwin Masnt) of each year. (3) If the renewal of the permit has not been made within the period pursuant to Sub-rule(2), the permit may be renewed by paying the double fee within the three months of completion of that period. (4) If the permit has not been renewed within the period pursuant to Sub-rule(3), such permit shall ipso facto be void. www.lawcommission.gov.np 20 Chapter – 6 Miscellaneous 32. Survey Committee : (1) To make uniformity in the survey to be carried out in time to time pursuant to the Act and these Rules and to provide required suggestion and direction to the concerned body making an inquiry of the prepared survey map or also to coordinate between such bodies, A survey committee shall be established as follows : (a) Secretary, Ministry of Land Reform and Management – Chairperson (b) Representative (Gazetted First Class), Ministry of law and Justice – Member (c) Representative (Gazetted First Class), Ministry of Defense – Member (d) Representative (Gazetted First Class), Ministry of Home Affairs – Member (e) Representative (Gazetted First Class), Ministry of Finance – Member (f) Representative (Gazetted First Class), Ministry of Foreign Affairs – Member (g) Chief of Geography Teaching Committee, Tribhuvan University – Member (h) Subject specialist of the concerned subject deputed by the Ministry of Land Reform and Management – Member (i) The Director General – Member Secretary www.lawcommission.gov.np 21 (2) The tenure of the member deputed pursuant to Clause (h) of Sub-rule(1) shall be for two years. (3) Chairperson may invite the specialist of related subject as an observer in the meeting of the committee as pursuant to Sub-rule(1). (4) To assist in the work performance of the committee as pursuant to Sub-rule(1), the committee may form technical sub committee as per the necessity. (5) The committee pursuant to Sub-rule(1) may itself manage it's own procedure. 33. Expenses to be recovered : Any person or agency making survey or establishing mark for their own private purpose shall have to submit the amount as follows :– (a) The amount equivalent to the daily and travel allowance of the employee and assistant deployed (assigned) for the survey of a land, (b) Fifteen percent added amount on the amount mentioned in Clause (a) for paper, (c) The amount prescribed by the Director General as for the rent of the equipments which shall be used for survey work. 34. Assignment of the officer for making a : (1) The power to make a punishment pursuant to Sub-section (1) of Section 12 of the Act shall be to the chief of the concerned general survey office or survey office. (2) The power to make a punishment pursuant to Sub-section (2) or (4) of Section 12 of the Act, shall be to the chief of the concerned survey Section. (3) The power to make a punishment pursuant to Sub-section (5) or (6) of Section 12 of the Act shall be to the Director General. www.lawcommission.gov.np 22 35. Delegation of Power: (1) The Government of Nepal may delegate some of the power out of the power conferred to it pursuant to the Act and these Rules to the Ministry of Land Reform and Management or department. (2) Out of the power received pursuant to Sub-rule(1), the department may delegate some power to the General Survey Office. 36. Directives may be prepared : The department may prepare and enforce the directives related to the survey of a land as per the necessity and under the Act and these Rules and it shall be the duty of all to follow such directives. 37. Change or Alteration may be made in the Schedule : The Government of Nepal may make change or alteration in the Schedule of these Rule as per the need by publishing a notice in Nepal Gazette. 38. Repeal and saving : (1) The Land (survey) Rules, 2032 has been repealed. (2) The functions or activities carried (performed) pursuant to the Land (survey) Rules, 2032 shall be considered as performed pursuant to these Rules. www.lawcommission.gov.np 23 Schedule – 1 (Related to Sub-rule(1) of Rule 3) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office The Notice Issued by the Survey Team No. ................... The land within the ................................................. Village Development Committee/Municipality shall be surveyed from date ......................., so the landowner or his/her representative, tenants cultivating the land, adjoining landowners (Sandhiyars) possessing the land in that Village Development Committee/Municipality are requested to make the survey by attending at the time of survey along with the evidences of their own possession and showing the borders of the land owned by themselves moving around it. If further information regarding the subject of the survey has been required, it can be inquired from the employees deployed for the survey in the concerned Ward or by visiting to the base of the survey team. www.lawcommission.gov.np 24 Schedule – 2 (Related to Sub-rule(2) of Rule 4) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office Notice Published by the Survey Team No. ................... On conducting the survey of Ward No. ............ of ......................... Village Development Committee/Municipality from (date) ..................., the following plots in the name of following persons has been surveyed as shown by the landowner or adjoining landowners (Sandhiyars) and published the name list of the owner and tenants as according to the survey conducted by this survey team. If anyone has not satisfied on the name list, please submit a written application to this team within the seven days. Otherwise the land shall be registered as according to this list. Name, Surname & Address of Landowner Landowner's Father's Name Name, Surname & Address of Tenant Plot No. Area Type Share (portion) of Landowner's Right Remarks www.lawcommission.gov.np 25 Schedule – 3 (Related to Sub-rule(3) of Rule 4) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office ......................... No. Survey Team District :– Village Development Committee/Municipality :– Ward No. :– Map Sheet No. :– Field Book P lo t N o . Land owners' Tenants' Used as Birah (House, Garden, Pond etc.) Type Area Boundaries Date of Survey Evidence symbol Name & surname of Registering person R em ar k s Name Surname, Address, Name of Father & Grand father D et ai ls S ig n at u re Name Surname, Address, Name of Father & Grand father D et ai ls S ig n at u re A g ri cu lt u re A re a Commercial or Residential Area E as t W es t N o rt h S ou th ................................... .................................... ............................... ................................... Signature of Village Development Signature of Surveyor Signature of Surveyor Signature of Team Committee/Municipality Member (Amin) Inspector Leader www.lawcommission.gov.np 26 Schedule – 4 (Related to Sub-rule(4) of Rule 4) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office ......................... No. Survey Team District :– Village Development Committee/Municipality :– Ward No. :– Map Sheet No. :– Field Book P lo t N o . o f L an d Name, Surname & Address of Ground Floor owner Concerned Floor owner's or part owner's of the floor Floor (Ground Floor, First Floor etc.) Details of the floor Type Date of Survey Evidence Symbol Name & Signature of Registering person R em ar k s Name Surname, Address & also the Name of Father & Grand father S ig n at u re Measure ment Other Details Agriculture Area Residential & Commercial Area ................................... .................................... ............................... ................................... Signature of Village Development Signature of Surveyor Signature of Surveyor Signature of Team Committee/Municipality Member (Amin) Inspector Leader www.lawcommission.gov.np 27 Schedule – 5 (Related to Sub-rule(1) of Rule 5) Mr./Mrs. ......................... ......................................... ......................................... Subject : Correction to be made for error. Dear Sir/Madam, On the notice published on date .................. after making a survey by the survey team no. ..................... on the .................... Municipality/Village Development Committee, my following plots have to be as following have been made the errors not being as such, so I submitted this application attaching a stamp (Ticket) of Rs. 5.00 to make registration in my name, making correction on the error. Village Development Committee/ Municipality Ward No. Map Sheet No. Plot No. Details that have been already made Details that have to be made Remarks The details mentioned has been true, if proved false, I shall be liable for the consequences as according to the law. Applicant Signature of the applicant :– Name, surname :– Address :– Father's Name :– Date :– www.lawcommission.gov.np 28 Schedule – 6 (Related to Sub-rule(1) of Rule 6) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office The Fifteen day Notice issued by the ........... No. Survey Team for the Second Time The Survey of ................................................ Village Development Committee/Municipality has been conducted since ..................... date, who has not present to register the land with their own evidences, even on publishing a notice pursuant to Sub-section (1) of Section (6) of the Act and Sub-rule(1) of Rule (3) of the land (survey) Rules, 2058, the field book of the following plot has remained empty (unfilled) due to the anonymity of landowners, so the landowners of the concerned plot are requested to register the land by attending themselves or sending their representative with their own evidences within the fifteen days of publication of this notice. If the concerned landowner has not attended or send the representative to register the land, the registration record shall be prepared by registering in the presence of the representative of concerned ward committee and matching the details of existing record. Ward No. Map Sheet No. Plot No. Area Type Remarks www.lawcommission.gov.np 29 Schedule – 7 (Related to Sub-rule(1) of Rule 9) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office ....................... No. Survey Team Details Related to the Area of a Land District :– Village Development Committee/Municipality :– Ward No. :– Map Sheet No. :– P lo t N o. Surveyor (Amin) (a) Surveyor (Amin) (b) First Difference Inspector (First) Second Difference Inspector (Second) Third Difference Last R em ar k s Hectre Sq.meter Hectre Sq.meter Hectre Sq.meter Hectre Sq.meter Hectre Sq.meter Hectre Sq.meter Hectre Sq.meter ....................... ........................ .......................... ...................... Surveyor Inspector Inspector Team Leader Amin (b) (First) (Second) www.lawcommission.gov.np 30 Schedule – 8 (Related to Sub-rule(1) of Rule 14) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office Plot Record District : Village Development Committee/Municipality : Ward Number : Map Sheet No. : Boundaries Plot Number : Area : Used As (Birah) : Type : Right Portion : East West North South Name, Surname, Address, Father's and Grand Father's Name of Landowner Name, Surname, Address of Tenant Detail of receiving mode Signature of the Attesting person and Date www.lawcommission.gov.np 31 Schedule – 9 (Related to Sub-rule(1) of Rule 14) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office Landowner Registration Record Signature of the Attesting person Landowner No. :– (Also sign on the photograph) Landowner's, – Name, Surname :– Address :– Zone : ...................... District ................................... Village Development Committee / Municipality .................................... Ward No. : ........................................... Father's/Husband's Name :– ..................................................................... Grandfather's/Father in law's Name :– ..................................................... Citizenship No. and Date : – .................................................................... Office Issuing the citizenship certificate : – ........................................... Landowner's Signature :– ........................................................................ Photo www.lawcommission.gov.np 32 Land Owner's Finger Print Details of the Land :– District Village Development Committee/ Municipality W ar d N o. M ap S h ee t N o . P lo t N o. Used as Biraha (House, Cultivated, Pond, uncultivated etc) Land owner's Right portion (share) Name, Surname, Address, Father & Grand father's Name of the Tenant Type Area of Land (Hectre/ square meter) E v id en ce M ar k (s y m bo l) R em ar k s Signature of concerned employee & date Agriculture area Commercial & Residential Area Prepared by Attested by Total Area Right Left www.lawcommission.gov.np 33 Schedule – 10 (Related to Sub-rule(2) of Rule 14) Government of Nepal Ministry of Land Reform and Management Department of Survey ...................... No. General Survey Office Landowner Registration Certificate Slip Landowner No. :– Signature of the Attesting person Landowner's ,– (Also sign on the photograph) Name, Surname :– Address :– Zone : ...................... District ................................... Village Development Committee / Municipality .................................... Ward No. : ........................................... Father's/Husband's Name :– ..................................................................... Grandfather's/Father in law's Name :– ..................................................... Citizenship No. and Date : – .................................................................... Office Issuing the citizenship certificate : – ........................................... Landowner's Signature :– ....................... Land Owner's Finger Print Photo Right Left www.lawcommission.gov.np 34 Detail of the Land Name of the Landowner :– Landowner's Number :– District Village Development Committee/ Municipality W ar d N o. M ap S h ee t N o . P lo t N o. Record Register (Moth) Page No. Used as Biraha (House, Cultivated, Pond, uncultivated etc) Land owner's Right portion (share) Name, Surname, and citizenship number of the Tenant Type Area of Land E v id en ce M ar k (s y m bo l) R em ar k s Signature of the attesting person Agriculture area Commercial & Residential Area Hectre/sq. meter) www.lawcommission.gov.np 35 Details of the Land kept as Mortgage/Security Name of Landowner :– Landowner's Number :– Of the Land Kept as Mortgage Office taking Mortgage Loan Amount Signature of the officer taking Mortgage and Date Stamp of the office taking mortgage Released Date Remarks Signature of the Officer Releasing it & Date District Village Development Committee/ Municipality Ward No. Plot No. Map Sheet No. Area www.lawcommission.gov.np 36 Details of the lands of landowner in other places Name of the landowner :– Landowner Number :– District Village Development Committee/ Municipality Ward No. Plot No. Map Sheet No. Area Remarks Matters to be acknowledged (Considered) 1. If the land revenue has been paid within the end of Magh (Magh Masant) of each fiscal year, five percent discount shall be made on the payable land revenue. 2. Land revenue shall be paid within the end of Jesth (Jesth Masant) of each fiscal year. 3. If the land revenue has not been paid, the transfer of the land may be postponed. 4. If the land revenue has been paid, within the fifteenth day of the Asar, of each fiscal year, five percent additional fee shall be charged and if paid after fifteenth of Asar and before the bidding sale, additional fee of Ten percent of the land revenue shall be charged. 5. If the land revenue has not been paid within the prescribed time (Myad), the land may be sold on bidding. www.lawcommission.gov.np 37 6. The land owner registration certificate slip does not need to submit while giving the land on mortgage. The office taking the mortgage shall mention the details of the land kept on mortgage in this land owner registration certificate slip and gives that landowner registration certificate slip to the landowner. 7. Please keet this landowner registration certificate slip safe. Please provide written information to the concerned land revenue office if the land owner registration certificate slip has been lost, stolen or damaged. www.lawcommission.gov.np 38 Schedule – 11 (Related to Sub-rule(3) of Rule 14) Government of Nepal Ministry of Land Reform and Management Department of Survey .................... No. General Survey Office Landowner Registration Certificate Slip Landowner No. :– Signature of the attesting person Landowner's :– (Also sign on the photograph) Name, Surname :– Address :– Zone : ...................... District ................................... Village Development Committee / Municipality .................................... Ward No. : ........................................... Father's/Husband's Name :– ..................................................................... Grandfather's/Father in law's Name :– ..................................................... Citizenship No. and Date : – .................................................................... Office issuing the citizenship certificate : – ........................................... Landowner's Signature :– ....................... Land Owner's Finger Print Photo Right Left www.lawcommission.gov.np 39 Details of the Land Name of the Landowner :– Landowner's Number :– District Village Development Committee/ Municipality W ar d N o. M ap S h ee t N o . P lo t N o. Ground Floor's Name, Surname & Address of Ground floor owner Total Floor Number Details of Floor Floor owner's Right Portion Record Register (moth) Page No. Evidence symbol or mark Remarks Signature of attesting person & date Type Plot No. First Second etc. Measure ment (in sq.meter) Other Details www.lawcommission.gov.np 40 Details of the Land kept as Mortgage/Security Name of Landowner :– Landowner's Number :– Of the Land Kept as Mortgage Office taking Mortgage Loan Amount Signature of the officer taking Mortgage and Date Stamp of the office taking mortgage Released Date Remarks Signature of the Officer Releasing it & Date District Village Development Committee/ Municipality Ward No. Plot No. Map Sheet No. Area www.lawcommission.gov.np 41 Details of the lands of landowner in other places Name of the landowner :– Landowner Number :– District Village Development Committee/ Municipality Ward No. Plot No. Map Sheet No. Area Remarks Matters to be acknowledged (Considered) 1. If the land revenue has been paid within the end of Magh (Magh Masant) of each fiscal year, five percent discount shall be made on the payable land revenue. 2. Land revenue shall be paid within the end of Jesth (Jesth Masant) of each fiscal year. 3. If the land revenue has not been paid, the transfer of the land may be postponed. 4. If the land revenue has been paid, within the fifteenth day of the Asar, of each fiscal year, five percent additional fee shall be charged and if paid after fifteenth of Asar and before the bidding/sale, additional fee of Ten percent of the land revenue shall be charged. 5. If the land revenue has not been paid within the prescribed time (Myad), the land may be sold on bidding. www.lawcommission.gov.np 42 6. The land owner registration certificate slip does not need to submit while giving the land on mortgage. The office taking the mortgage shall mention the details of the land kept on mortgage in this land owner registration certificate slip and gives that landowner registration certificate slip to the landowner. 7. Please keep this landowner registration certificate slip safe. Please provide written information to the concerned land revenue office if the land owner registration certificate slip has been lost, stolen or damaged. www.lawcommission.gov.np 43 Schedule – 12 (Related to Sub-rule(3) of Rule 20) While categorizing the lands, the following marks shall be given to the following areas :– (A) Agriculture Area – 50 Marks (1) Irrigation facility – 10 Marks (a) Having continuous irrigation facility – 10 marks (b) Having partial irrigation facility – 7 marks (c) Depending on the rain fall – 3 marks (d) Dry – 1 marks (2) Road Facility – 8 marks (a) Main Road (Mul Sadak) – 8 marks (b) Gravel Road (Kachchi Sadak) – 6 marks (c) Horse Road (Ghodeto) – 4 marks (d) Trial Road (Goreto) – 2 marks (e) Without Road facility – 1 marks (3) Crop Farming – 4 marks (a) More than one crop to be farmed – 4 marks (b) Only one crop to be farmed – 2 marks (4) Types of Soil – 10 marks (a) Good Fertile – 10 marks (b) Mixed (Dumat) – 8 marks (c) Marcy Land (Dhap) – 5 marks (d) Sandy (Balaute) – 3 marks (e) Graveled (Dhungyan) – 2 marks www.lawcommission.gov.np 44 (5) Altitude of Land from the sea level – 6 marks (a) Upto 500 meter from the sea level – 6 marks (b) More than 500 meter upto 1000 meter from the sea level – 5 marks (c) More than 1000 meter upto 2000 meter from the sea level – 4 marks (d) More than 2000 meter upto 3000 meter from sea level – 3 marks (e) More than 3000 meter from sea level – 1 marks (6) Agriculture Market Facility – 4 marks (a) Upto 5 km. from the mills and shopping centre – 4 marks (b) More than 5 km. up to 10 km. from the mills (and shopping) centre – 2 marks (c) More than that – 1 marks (7) Elevation of Land – 8 marks (a) Plain (Samatal) – 8 marks (b) Terrain Terrace (Tari Garha) – 5 marks (c) Slope without terrace (Garha) – 3 marks (d) Slope (Bhiralo) – 1 marks (B) Commercial and Residential Area – 50 marks (1) Road Facility – 10 marks (a) Main Road (Mul Sadak) – 10 marks (b) Sub Road (Sahayak Sadak) – 8 marks (c) Branch Road (Shakha Sadak) – 6 marks www.lawcommission.gov.np 45 (d) Development Road (Bikas Sadak) – 4 marks (e) Street Pass (Galli Bato) – 2 marks (f) Trial Road (Goreto) – 1 marks (g) Without Road Facility – 0 marks (2) Water Facility – 10 marks (a) Personal Tap Facility – 10 marks (b) Public Tap Facility – 5 marks (c) Natural Resource (River, deep well (Inar), Well (kuwa), Tube well) (1) Upto 1 km. – 10 marks (2) More than 1 km. upto 3 km. – 1 marks (3) More than 3 km. – 0 marks (3) Electricity Facility – 8 makrs (a) Continuous service – 8 marks (1) Industrial – 8 marks (2) Partial Industrial – 4 marks (b) Partial Facility – 3 marks (c) Without Electricity Facility – 0 marks (4) Location of the land (Near to Commercial / Business Centre, Health, Educational, Administration Area) – 8 marks (a) Health – 2 marks (b) Education – 2 marks (c) Commercial – 2 marks (d) Administrative – 2 marks www.lawcommission.gov.np 46 Note : For other Areas except than the Kathmandu Valley those (above mentioned) facilities shall be considered within upto 10 km. (5) Transport Facility – 5 marks (a) Having Public Transport Facility – 5 marks (b) Having Partial Facility – 2 marks (c) Without Facility – 0 marks (6) Communication Facility – 4 marks (a) Having Telephone Facility – 4 marks (b) Without Telephone Facility – 0 marks (7) Facility for Sewerage – 3 marks (a) Public Sewerage – 3 marks (b) Without PSF – 0 marks (8) Nature of Temporary Residence – 2 marks (a) Full time (Whole Time) – 2 marks (b) Short time – 1 marks 2. On the basis of above mentioned marks the land of the following area shall be categorized as follows :– (a) For Agriculture Area – 1a Grade – From 46 marks upto 30 marks 1b Grade – From 36 marks upto 45 marks 1c Grade – From 26 marks upto 35 marks 1d Grade – From 16 marks upto 25 marks 1e Grade – From 1 marks upto 15 marks (b) For Commercial (Business) and Residential Area 2a Grade – From 41 marks upto 50 marks www.lawcommission.gov.np 47 2b Grade – From 31 marks upto 40 marks 2c Grade – From 21 marks upto 30 marks 2d Grade – From 11 marks upto 20 marks 2e Grade – From 1 marks upto 10 marks Explanation :– For the purpose of categorization – (a) "Agriculture Area" refers The lands having agriculture production (crop farming, cash farming, horticulture etc.) Animal Husbandry, plantation in the private land or garden land. (b) "Commercial and Residential Area" refers the area having the operation of various industry, commerce education, health, communication and entertainment etc. business and all types of residence. www.lawcommission.gov.np 48 Schedule – 13 (Related to Clause (a) of Sub-rule(3) of Rule 22) Government of Nepal Ministry of Land Reform and Management Department of Survey .................... No. General Survey Office/Survey Section Plot Division Record (Plot Register) Page No. :– District :– Village Development Committee/Municipality :– Ward No. :– Map Sheet No. :– P lo t N o. A re a H ec tr e/ S q u ar e m et er Boundaries Survey Serial Numb er & Date Registering Officer, Serial Number & Date Previous plot No. / Newly Established (Assigned) Plot No. If file map exists, file map No. If plot map exists plot map No. Name, Surname Address & if possible citizen ship number of giving person Name, Surname Address & if possible citizen ship number of taking person Signature of concerned employee R em ar k s E as t W es t N o rt h S o u th Plot dividing person (Amin) Checking person (survey inspector) Attesting person (Chief of office) Note : Previous Plot means the plot which has been divided in to plots. www.lawcommission.gov.np 49 Schedule – 14 (Related to Sub-rule(2) of Rule 26) Government of Nepal Ministry of Land Reform and Management Department of Survey Permit for the Surveying Signature of the person attesting photo (To be signed on the photograph) Serial Number of the permit :– This permit has been issued to the following person in the recommendation made on date ............ by the examination (inquiry) committee formed pursuant to Rule 21 of land (survey) Rules, 2058, in condition of obeying (following) the terms specified in Land (survey) Act, 2019 and Land (survey) Rules, 2058 on date ....................... and allowing to perform the following survey activities. Details of the person receiving the permit,– Name surname :– Address :– District : .......... VDC/Municipality: .............. Ward No. ..... Citizenship Certificate No. and Date :– Office Issuing the Citizenship Certificate :– Father's Name :– Signature :– Permitted Activities related to survey :– Certificate issuing officers,– Name :– Designation :– Signature :– Date :– Photo www.lawcommission.gov.np 50 Renewal Date Period Renewal for Receipt Number of Paying Fee and Date Signature of the person making Renewal and Office Seal Remarks From To Note : The certificate shall be renewed within the end of Ashwin (Ashwin Masant) of each year.