Act Prohibiting the Charging and Taking of Amount (Bhatti Charsa etc.) by Birta-holder on Birta, 2015 (1958)


Published: 1958

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
1

Act Prohibiting the Charging and Taking of Amount
(Bhatti Charsa etc.) by Birta-holder on
Birta , 2015 (1958)
Date of Royal Assent Date of Publication in Nepal Gazette
2015.8.11(26 Nov. 1958) 2015.8.18(2 Dec. 1958)
Amendments:
Date of Royal Assent and Publication
1. Judicial Administration Reforms (Fourth Amendment)
Act, 2043(1986) 2043.7.24(10 Nov. 1986)
2. Administration of Justice Act, 2048(1991) 2048.2.16(30 May 1991)
Date of Authentication
and Publication
3.1 Republic Strengthening and Some Nepal Laws
Amendment Act, 2066(2010) 2066.10.7(21 Jan. 2010)
Act Number 19 of the year 2015(1958)
An Act Made to Prohibit the Charging and Taking of
Amount (Bhatti Charsa etc.) by Birta-holder on Birta
Preamble: Whereas, it is expedient to make provisions prohibiting the
charging and taking of amount by the Birta-holders except the crops of Birta
lands;
Now, therefore, His Majesty has made and issued this Act on the advice
of the Council of Ministers.
1. Short title, extent and commencement: (1) This Act may be called
as “Act Prohibiting the Charging and Taking of Amount (Bhatti Charsa
etc.) by Birta -holder on Birta , 2015(1958)”.
(2) It shall come into force throughout Nepal.
1 This Act came into force on 15 Jestha 2065 (28 May 2008).

2

(3) It shall come into force immediately.
2. Definitions: Unless the subject or context otherwise requires, in this
Act:
(a) "Birta " means any kind of land that is wholly or partly exempt
from the land revenue.
(b) “Birta-holder” means the owner of land as referred to in clause
(a) who is exempted from the land revenue.
(c) “Crops” means:
(1) the crop rent payable by the cultivator of the Birta land to
the Birta-holder, or
(2) where the Birta -holder himself or herself has cultivated
the land , the crops grown in the land.
(d) “Amount” means Bhatti, Charsa and similar other amount.
3. Prohibition on charging and taking by Birta -holders on Birta :
(1) No Birta -holder shall charge or arrange and take any kind of amount
on Brita except the crops of the Birta land with effect from financial
year 2011-2012 (1954-1955). Provided that, the Birta-holders shall be
entitled to Sixty Five percent of the amount from financial year 2011-
2012 (1954-1955) to financial year 2012-2013 (1955-1956).
(2) The amount that is not allowed to be taken by the Birta-
holders pursuant to Sub-section (1) or income from the amount shall
devolve on the Government of Nepal, and the Government of Nepal
shall arrange for or recover the amount.
Provided that, in the case of the amount already arranged and
taken by the Birta -holders prior to the arrangement or recovery by the
Government of Nepal, the Birta -holders shall pay Thirty Five percent of
such amount until financial year 2012-2013(1955-1956) and the whole

3

income from financial year 2013-2014(1956-1957.) to the Government
of Nepal within the time-limit specified by the order.
4. Transfer of immature contract to Government of Nepal: If the
last date of a contract previously arranged by a Birta-holder has not
expired by the date of the commencement of this Act, such a contract
shall be transferred to the Government of Nepal.
Provided that, if it appears or is proved that the contract has not
been duly made or if the period of the contract has been so specified as
to exceed Three years, such a contract shall not be valid.
5. Punishment: A person who shows a contract prior to the
commencement of this Act in a false manner or falsifies the date or
figure of such a contract or otherwise causes any act resulting in a loss to
the Government of Nepal makes an attempt to commit such an act or
who does not pay the income pursuant to Section 3 shall be liable to the
punishment of a fine equal to the amount in controversy or of
imprisonment for a term not exceeding One year or with both, and the
governmental amount in controversy shall also be recovered from such a
person.
6. Case trying authority: (1) If there arises any matter relating to
amount under this Act, the Chief District Officer 2 shall take summary
action and make decision on the matter related with the Government of
Nepal.
(2) The Chief District Officer3 shall have all such powers as the
court may have in relation to the action as referred to in Sub-section (1).
(3) No question may be raised in the court in respect of any
matter related with the Government of Nepal pursuant to Sub-section
(1).
2 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010). 3 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).

4

47. Appeal: A person who is not satisfied with a decision made by the
Chief District Officer5 pursuant to this Act may make an appeal to the
Court of Appeal6.
8. Cancellation, and no claim for compensation: If there is any order,
deed entitling any person to charge and take any amount in relation to
the amounts under this Act, such order, deed shall be deemed invalid
after financial year 2011-2012(1954-1955), and no claim may be made
for any compensation where the amount has become governmental.
9. Power to remove difficulties: If there arises any difficulty with the
implementation of this Act, the Government of Nepal may issue
necessary order by publishing a notice in the Nepal Gazette to remove
such a difficulty, and each such order shall be deemed as if it were
included in this Act.
10. Power to frame Rules: The Government of Nepal may frame Rules
to implement the objectives of this Act.
11. In cases of matters not mentioned in this Act and the Rules
framed hereunder: The matters contained in this Act and the Rules
framed under this Act shall be governed by the same, and the other
matters shall be governed by the prevailing law.





4 Amended by Judicial Administration Reforms (Fourth Amendment) Act, 2043(1986). 5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010). 6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010).