Jhora Area Land Act, 2028 _1971_ E

Jhora Area Land Act, 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 2028 (1971)
An Act Enacted to Make Arrangements Relating to Land in Jhora
Areas
Preamble: Whereas, it is expedient to make timely arrangements regarding
reclaimed Jhora Land in Morang, Sunsari and Jhapa districts in order to maintain
peace and order and insure the economic interests of the general people,
Now therefore, be it enacted by His Majesty King Mahendra Bir Bikram
Shah Dev, on the advice and with the consent of the Rastriya Panchayat.
1. Short Title, Extent and Commencement: (1) This Act may be called
the "Jhora Area Land Act, 2028 (1971)".
(2) This Act shall be commenced on the Jhora land of Morang,
Sunsari and Jhapa districts.
(3) This Act shall be commenced to such prescribed Jhora Land on
such dates as prescribed by the Government of Nepal by a Notification in
the Nepal Gazette.2
1 This Act came into force on 15 Jestha 2065, "Prasasti" and the word "Kingdom" has been deleted. 2 Date and place of commencement of Act:
(a) By a Notification of 2028.7.29 of Nepal Gazette, the Act commenced in the Jhora Land of Morang, Sunsari and Jhapa districts from 2028.8.1.


2. Definitions: Unless otherwise meant with reference to the subject or
context, in this Act,
(a) "Jhora Area" means settled area of cleared (Phadani) forest as
authorised by the law.
(b) "Landowner" means a person in whose name lands have been
registered or who has the right to register land in his/her name
pursuant to the prevailing Nepal Law.
(c) "Cultivator/peasant (Raiti)" means a person who has settled down on
land situated in the Jhora land and who is cultivating such lands
through his/her own labour or the labour of his/her family.
(d) "Prescribed" or "as prescribed" means prescribed or as prescribed in
the Rules framed under the Act.
3. Title of Landowners to Lapse: (1) All rights and titles of any lands
within Jhora areas where this Act came into force shall lapse, in case such
land is not cultivated by him/her and cultivated through tenants.
(2) Except otherwise explicitly provided for in this Act, irrespective
of whether any decision has already been made to allot land within Jhora
area to any person before the commencement of this Act, no such land shall
be obtained by or registered in his/her name through to such decision after
the commencement of this Act.
(3) The landowner, whose title to the land is lapsed pursuant to Sub-
section (1), shall be paid not exceeding Five times of the amount of the land
revenue payable thereon as compensation.
Provided that, no compensation shall be paid for any land which has
not already been registered pursuant to the prevailing Nepal Law.
(b) By a Notification of 2034.10.5 of Nepal Gazette, the Act commenced in the mentioned areas of Sunsari district from
2034.10.5


(4) The amount of compensation payable to the landowner pursuant
to Sub-section (3) shall be obtained from the prescribed office or agency in
the prescribed manner.
4. Sale and Distribution of Land: (1) Land within Jhora area, where this
Act came into force, shall be sold by the prescribed authority to peasants
who have settled down there and who have been cultivating such land, for a
period of at least One year, at the rate of a maximum of Four Bighas each,
with due consideration to the size of the family of each peasant.
(2) Lands left over after sale or distribution pursuant to Sub-section
(1) shall be sold or distributed by the prescribed authority to the prescribed
persons at the prescribed price and in the prescribed manner.
5. Registration of Land: (1) The prescribed authority shall register the land,
so distributed pursuant to Section 4 in the name of those persons to whom it
has been sold in the prescribed manner; and forward a certified copy of
such register to the concerned Land Revenue Office or to the Land
Administration Office in areas where Land Revenue Office does not exist.
(2) On receipt of the certified copy of the register pursuant to Sub-
section (1), the concerned Land Revenue Office or the Land Administration
Office shall register such land in the name of such person (allottee) as a
landowner.
6. Conditions to be fulfilled by Allottee: A person who obtains land
pursuant to Section 4 shall comply with the following terms and conditions:
(a) To pay the stipulated price of the land in a lump sum or in
installments in cash at the prescribed time and office.
Provided that, this provision shall not be deemed to have
affected the right of any person to pay the amount due in full or in
One or more installments before the stipulated time-limit.


(b) Not to relinquish possession thereof through sale, gift, donation, or
otherwise, or mortgage it to any person other than the Agricultural
Development Bank or any other institution which supplies credit to
peasants and has been established according to law, or to the
prescribed administration until the full price of land is paid pursuant
to Section 4.
(c) To pay land tax payable from the year of registration on such land
according to prevailing Nepal Law.
7. Power to Adopt the Procedures and Exercise the Powers of a
Special Court: In relation to cases arising in the course of actions taken
pursuant to this Act, the prescribed authority shall adopt the procedure and
exercise the powers as referred to in Special Court Act, 2059.
8. Penalties: (1) In case any person obtains lands on the basis of false
particulars, or contravenes any of the provisions of Section 6, the
prescribed authority may confiscate the lands obtained by him/her and
forfeit the amount paid by him/her while obtaining such lands.
(2) In case any person creates any obstruction in the course of action
being taken pursuant to this Act, the prescribed authority may punish with a
fine not exceeding One Thousand Rupees, or with imprisonment upto One
year or with both.
9. Complaints or Appeal not to be entertained: No suit, complaint or
appeal shall be filed against any action taken or decision make by the
prescribed authority pursuant to this Act or the Rules framed hereunder
shall be entertained.
Provided that, if any complaint is filed against the prescribed
authority, Government of Nepal may review such decision.


10. Power to frame Rules: Government of Nepal may frame Rules for the
purpose of implementing the objectives of this Act.
11. Saving: In matters provided for in this Act and the Rules framed
hereunder, action shall be taken accordingly and in other matters action
shall be taken in accordance with prevailing Nepal Law.