Act Relating to Land of Jhora Area, 2028 (1971)


Published: 1971

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Act Relating to Land of Jhora Area, 2028 (1971)
Date of Authentication and Publication
2028.6.6 (22 Sept. 1971)
Amendment:
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066(2010)1
2066.10.7 (21 Jan. 2010)

Act Number 13 of the year 2028 (1971)
………………………2
An Act Made to Provide for Land of Jhora Area
Preamble: Whereas, it is expedient to timely manage the lands of the Jhora
area where deforestation has taken place in Morang, Sunsari and Jhapa districts
in order to maintain peace and order and economic interest of the general
public;
Now, therefore, His Majesty King Mahendra 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 "Act Relating to Land of Jhora Area, 2028 (1971)."
(2) It shall extend to the Jhora areas of Morang, Sunsari and
Jhapa districts.
(3) It shall come into force in such Jhora area and on such date as
may be specified by the Government of Nepal by publishing a notice in
the Nepal Gazette.
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).

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2. Definitions: Unless the subject or context otherwise requires, in this
Act:
(a) "Jhora area" means the area in which settlement has taken place
and which has been cultivated after clearing the forest with
authority obtained legally.
(b) "Land-holder" means a person in whose name a land has been
registered or who has the authority to register the land pursuant to
the prevailing Nepal law.
(c) “Tenant” means a person who has cultivated the land of Jhora
area, carried out farming in the land with his or her labor or the
labor of his or her family and been residing in that place.
(d) “Prescribed” or “as prescribed” means prescribed or as prescribed
in the Rules under this Act.
3. Termination of title of landholder: (1) In relation to a land in the
Jhora area, where this Act has commenced, which has not been
cultivated or tilled by the landholder but by a tenant, all kinds of rights
and powers of such a landholder shall be terminated.
(2) Except where explicitly provided in this Act, even though a
person is in a position to obtain the land of Jhora area in any manner by
the time of the commencement of this Act, that person shall not be
entitled to obtain the land of Jhora area accordingly or the land shall not
be registered in his or her name after the commencement of this Act.
(3) The Government of Nepal shall provide a compensation as
prescribed not exceeding five-fold of the amount of land revenue
chargeable on that land to a landholder whose title to the land lapses
pursuant to Sub-section (1).
Provided that, no compensation shall be provided to any land yet
to be registered pursuant to the prevailing Nepal law.

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(4) The landholder shall receive, as prescribed, the amount of
compensation receivable pursuant to Sub-section (3) from the prescribed
office or organization.
4. Sale and distribution of land: (1) The prescribed authority shall sell
and distribute, as prescribed, the land of Jhora area to a tenant who has,
since at least one year ago resided in and cultivated the land of Jhora
area to which this Act applies at the rate of a maximum of four Bigaha
of land taking into account of the number of his or her family at such
price as prescribed, as prescribed.
(2) The prescribed authority shall sell and distribute, as
prescribed, the land remaining upon the sale and distribution made
pursuant to Sub-section (1) to the prescribed persons at the prescribed
price.
5. Registration of land: (1) The prescribed authority shall register as
prescribed the land sold and distributed pursuant to Section 4 in the
register in the name of the person who has obtained it and send a
certified copy thereof to the concerned land revenue office or land
administration office in a district where the land revenue office is not
situated.
(2) Upon receipt of the certified copy of the register pursuant to
Sub-section (1), the concerned land revenue office or land
administration office shall register the land in the name of the person
who has obtained it, as a landholder.
6. Terms to be observed by person obtaining land: A person who
obtains the land pursuant to Section 4 shall observe the following terms:
(a) To pay the prescribed price of the land, in case in lump sum or
installments, to the prescribed office in the prescribed time.
Provided that, nothing contained in this Section shall be
deemed to bar the paying by any person of the whole amount to

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be paid by that person or installments of amount more than that
before the prescribed time.
(b) Unless and until the whole amount of the land as required to be
paid is paid, the land obtained pursuant to Section 4 shall not be
sold, disposed of or title to which shall not be transferred in any
many including sale, disposal, donation and gift and such land
shall not be mortgaged to any person other than the Agricultural
Development Bank or a body established by law for disbursing
loans to farmers or the prescribed administrator.
(c) The land revenue chargeable on the land pursuant to the
prevailing law shall be payable from the year of registration of
the land.
7. Procedures and powers of special court to be followed and
exercised: The prescribed authority shall follow and exercise the
procedures and powers of the Special Court Act, 2059 (2002) in relation
of cases arisen while doing acts under this Act.
8. Punishment: (1) If any person obtains the land showing false details or
violates any matter set forth in Section 6, the prescribed authority may
forfeit the land obtained by that person and the amount paid to obtain the
land.
(2) If any person obstructs in the taking of any action under this
Act, the prescribed authority may punish such a person with a fine of up
to one thousand rupees or imprisonment for a term not exceeding One
year or with both.
9. Complaint or appeal not to be entertained: No law suit, complaint
or appeal shall lie against any action or decision taken by the prescribed
authority pursuant to this Act or the rules framed under this Act.
Provided that, if a complaint is made against such a decision of
the prescribed authority, the Government of Nepal may revise the same.

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10. Power to frame Rules: The Government of Nepal may frame Rules to
implement the objectives of this Act.
11. Saving: 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 Nepal law.