Pasture Lands Nationalization Act, 1974

paYEMS bands Naelbri!li2ation ACe, 1974 Preamble: Whereas it is expedient to nationalize pasture lands "for the convenience and economic well-being of the public, His Majesty King Birendra Bir Bikram Shah Dev has enacted t his l aw on the advice and approval of Lhe National Panchayat. 1. Short Tit.le, Extent and CQrnmenClement: (1) 'J;'his law may be called the Pasture Lands Nationalizat~onAct l 1974. (2) It shall be applicable thr~ughout the Kingdom of Nepal. (3) It shall come i nt o fo r ce i:n such distrJ.cts and on such dates as may be prescribed by Hi s Mdjesty's Gove r nment . 2. Definitions: Unl ess otherwise meant with reference to the subj ect or context, in this act: (a) Pasture land means land used under any name exclusively for pasturage purposes after or without having it r egis­ tered in a government office. (b) Registered owner me a ns the person or ~ ersons registe~ing a pasture land in his or their names with obligation to pay land tax or pas turage levy to Hi s flia j e s t y ' s Govern­ ment according to Nepal law, Cind havi ng title t hereto by virtue of such reqistration. (c) ReV61ue office means the Revenue Office wher e there exists one, or else the Land Administration Of f i c e . 3. Nationalization of Pasture Lands: With effE::...:t from the da t.e o f the comm~ncement of this act, all pasture lands in the Kingdom of Nepal shall be nationalized, and their 'owne r s h i p shall accrue to His Majesty's Government. The ownership rights of registered owners existing on pasture land~ prior to the commencement of this act shall ipso facto lapse. Provided that: (a) The registered owner may retain possession of pasture land within the ceiling prescribed by current Nepal law, even if the land £5 being used exclus~vely for pasturage for personal purposes. Contd ••• 16. (b) Notwithstanding the enforcement of this act, His Majesty1s C~vernment may grant exemptions according to current Nepal law for the following purposes: (a) Horticulture (b) Animal husbandry (c) Herbal £drndng (d) Tea plantation 4. Payment of Compensation: (1) The registered owners of pasture lands n at.Loria l.f.zed unde r Section 3 shall b8 paid z ees oriabLe compensation to be determined by His Majesty's Government on the recommendation of a committee formed according to the rules. Such committee shall Lric Lude the appropriate District Panchayat Chairman, Village Panctlayat Chairman, or their representative:..;. (2) The appropriate Revenue Office shall publish a notice d i r o ct.> ing the approp.ciate registered owners to receive compensat ion as determined under Sub-Section (1). (3) Within one year from the date of the p uo.l Lc at.Lon of a noti­ fication under Sub-Section (2), the registered owner shall submit an application for compensation to the appropr i at.e Revenue Office -. Such application shall be accompanied with documentary evidence of title to pasture lands. Provided that in case any such person fails to submit an application with­ in a year after the publication of a notification his claim for such comp en s at.Lon s ha l I not be entertained. (4) The appropriate Revenue O:f;fice shall conduct neces sc.ry investigations regarding the applications submitted under Sub-Section (3), and P;:ly compensation to r eq i s t.ercd owners on a proportionate basis. Provided that in case any question of payment of compensation or amount thereof arises, the Revenue Office shall pay compensation according to the decision made by a court. 5. Management of Pasture Lands: (1) His Majesty's Government shall have Revenue Offices maintain separate records of pasture lands nationalized under Section 3 and entrust the responsibility of protection of and pasturage on such lands to the local Village Panchayat. Provided that this Sub-Section shall not be deemed Contd••• 17. to have prevented His Majesty's Government from handing over pasture lands adjoining more than one Village Panchayat to more than one Village Panchayat. (2) The local Village Panchayat shall.protect and improve the pasture lands entrusted to it under Sub-Section (1). It shall not use or direct the use of such lands for any purpose other than pasturage. 6. Permission to Graze Livestock on Payment of Pasturage Fees: (1) The Village Panchayat shall be under obligation to allow all to continue grazing their animals on pasture lands under its control on payment of pasturage fee not exceeding Rs 3 each annually in the case of large animals such as yaks, cows, bufalloes, horses and mules, and a maximum of R. 1 annually in the case of such small animals as goats, sheep and Chyangras. (2) The pasturage fees collected under Sub-Section (1) shall be credited to the Village Assembly Fund. 7. Power to Issue Directives to Panchayats: His l1ajesty' s Gover-nment may, if it so deems necessary, issue necess a ry directives to any Village Panchayat for the protection, Lrnpr ov ernent; and yrazing of pasture lands, and it shall be the duty of such Panchayat to comply with such directives. 8. Power to Frame Rules: His Majesty's Government may frame rules in order to implement the objectives of this act. **********