Forests Act, 2019 (2076).
Country
Type of law
Legislation
Abstract
This Act is enacted to manage the national forests and to make contribution to national prosperity by protecting, promoting and utilizing the wildlife, environment, watersheds and bio-diversity, while promoting the private, public and urban forests.
Chapter 1 of the Act defines, among other things, two broad categories of forests: private forests and national forests. The latter term refers to forests, forest conservation areas, community forests, partnership forests, religious forests, lease-hold forests, national forests within Province or inter-Provincial forests which are managed by the Government. Chapter 2 deals with the land ownership, land use and demarcation of boundaries. Land ownership of the national forest shall be vested in the Government. No land-use of the national forest area may be changed, possessory right of the national forest may be provided to any one or right in the national forest may be transferred by way of mortgage, exchange or otherwise, except with the decision by the Government, Council of Ministers. Provisions are set forth for the acquisition of private land and houses during the process of demarcation, and the payment of compensation to their owners. A land-use plan of national forest may be enforced to make sustainable protection and management of the forest and maintain the balance between the environment and development. The Government shall protect, conserve, promote and manage wetlands in the national forest. Chapters 3 through 8 set forth provisions concerning each of all types of national forests. The Divisional Forest Office may demarcate any part of the national forest and manage it as the Government-managed forest subject to the strategic plan. The forest protection areas are areas which the Government feels are of special environmental, ecological, scientific, cultural or other importance. Community forests are areas of national forest "handed over" to a user group, which is entitled to develop, conserve, use and manage such forest, and sell and distribute the forest products by independently fixing their prices.
Chapter 5 provides for to the Community Forest, related to Expenditure to be made for the development of forest: The users’ group shall spend at least 25% amount of the annual income earned in poverty alleviation, women empowerment, etc. Lease-hold forests are for producing raw materials for industry or for commercial purposes, for agro-forestry, for eco-tourism business and certain other purposes. Religious forests are areas handed over to religious bodies, groups or communities for the protection of any religious site and of the forest in its surrounding. Chapter 9 concerns constitution of users' group. Chapter 10 deals with forest in private and public lands and the registration of private forest. The owner of a private forest may develop, protect and manage the private forest and utilize the forest products or sell and distribute such products by fixing their price. Chapter 11-12 set out provisions relating to unclaimed timbers and development projects. Chapter 13 deals with the provisions relating to environmental services and the establishment of forest development fund. Chapter 14 deals with provisions relating to armed forest guard service. Chapter 15 sets forth offences and penalties.
Chapter 16 deals with the powers of forest officers to investigate offenses and to make arrests, and relevant procedures. Finally, Chapter 17 contains miscellaneous provisions, including a statement on the power to impose restriction: The Government of Nepal may impose restriction on the collection, cutting, use, transportation, sale, distribution or export of the prescribed forest products for the purposes of protection of bio-diversity, any species or environment.
Chapter 1 of the Act defines, among other things, two broad categories of forests: private forests and national forests. The latter term refers to forests, forest conservation areas, community forests, partnership forests, religious forests, lease-hold forests, national forests within Province or inter-Provincial forests which are managed by the Government. Chapter 2 deals with the land ownership, land use and demarcation of boundaries. Land ownership of the national forest shall be vested in the Government. No land-use of the national forest area may be changed, possessory right of the national forest may be provided to any one or right in the national forest may be transferred by way of mortgage, exchange or otherwise, except with the decision by the Government, Council of Ministers. Provisions are set forth for the acquisition of private land and houses during the process of demarcation, and the payment of compensation to their owners. A land-use plan of national forest may be enforced to make sustainable protection and management of the forest and maintain the balance between the environment and development. The Government shall protect, conserve, promote and manage wetlands in the national forest. Chapters 3 through 8 set forth provisions concerning each of all types of national forests. The Divisional Forest Office may demarcate any part of the national forest and manage it as the Government-managed forest subject to the strategic plan. The forest protection areas are areas which the Government feels are of special environmental, ecological, scientific, cultural or other importance. Community forests are areas of national forest "handed over" to a user group, which is entitled to develop, conserve, use and manage such forest, and sell and distribute the forest products by independently fixing their prices.
Chapter 5 provides for to the Community Forest, related to Expenditure to be made for the development of forest: The users’ group shall spend at least 25% amount of the annual income earned in poverty alleviation, women empowerment, etc. Lease-hold forests are for producing raw materials for industry or for commercial purposes, for agro-forestry, for eco-tourism business and certain other purposes. Religious forests are areas handed over to religious bodies, groups or communities for the protection of any religious site and of the forest in its surrounding. Chapter 9 concerns constitution of users' group. Chapter 10 deals with forest in private and public lands and the registration of private forest. The owner of a private forest may develop, protect and manage the private forest and utilize the forest products or sell and distribute such products by fixing their price. Chapter 11-12 set out provisions relating to unclaimed timbers and development projects. Chapter 13 deals with the provisions relating to environmental services and the establishment of forest development fund. Chapter 14 deals with provisions relating to armed forest guard service. Chapter 15 sets forth offences and penalties.
Chapter 16 deals with the powers of forest officers to investigate offenses and to make arrests, and relevant procedures. Finally, Chapter 17 contains miscellaneous provisions, including a statement on the power to impose restriction: The Government of Nepal may impose restriction on the collection, cutting, use, transportation, sale, distribution or export of the prescribed forest products for the purposes of protection of bio-diversity, any species or environment.
Attached files
Web site
Long title of text
An Act Made to Amend and Consolidate Law Relating to Forests.
Date of text
Repealed
No
Source language
English
Legislation Amendment
No
Original title
वन सम्बन्धी कानूनलार्इ संशोधन र एकीकरण गर्न बनेको ऐन
Implemented by
Repeals