You are viewing the translated version of To Give Notice And Commence Operation After Entering Into Land:.
Section 6
To Give Notice And Commence Operation After Entering Into Land:
6. To give notice and commence operation after entering into land:
(1) If it is necessary to establish a control point station in any land or to survey and measure any land, a notice shall be given to the landholder,
tenant of the land where the control point station is to be established or which is to be surveyed and measured, neighbors, concerned Jimidar,
Patuwari and Village Development Committee or Municipality prior to at least Fifteen days.
Explanation : In giving a notice to any landholder, tenant, neighbour, Jimidar and Patuwari for the purposes of this Sub-section, affixation of the notice of that matter unto main places of movement of general public of the area of the land where such control point station is to be so established or which is to be so surveyed and measured or of the area where the landholder or the tenant is residing shall be sufficient.
Provided that, a notice in writing shall be given to the Village Development Committee or Municipality.
(2) In establishing a control point station in any land or surveying and measuring any land, such station or survey and measurement may be
established or made in presence of the landholder, his or her representative, tenant, concerned Jimidar, Patuwari, neighbour and also a representative of
the concerned Village Development Committee or Municipality.
Provided that, if any landholder or his or her representative, the tenant cultivating the land or neighbor does not show up within the time- limit specified in the notice as referred to in Sub-section (1), the control point station may be established or survey and measurement made in presence of the Jimidar of the area where that land is situated or his or her representative, Patuwari or representative of the concerned Village Development Committee or Municipality.
(3) In establishing a control point station in any land or surveying and measuring any land, such permanent or temporary landmarks,
monuments or bacons may be placed or installed as may be necessary for that act and the bushes or branches of any tree may be cut off or cleared for
having the view of landscape.
(4) If any control point station is established in any land, the record shall also state the area of land covered by that station, and the landownership registration certificate of the landholder of the land and the tilling slip of tenant, if any, shall also state that matter.
Explanation: The term “control point station” means and includes an area of up to 1.55 meters on all sides of the landmark in the centre.
(5) 27 In the course of surveying and measuring, the landholders shall send certificate of his or her ownership and possession of the land personally or through his or her representative and get his or her land registered. A landholder who has since long past (ancient times) owned, possessed and cultivated a land without any evidence, registration and payment of land-revenue, 28 except a barren land, public land…………… 29 and a land within the forest boundary as determined, shall also get the land registered. If such a landholder shows up go get such a land registered on the basis of such ownership and possession since long past (ancient times),
the survey team shall affix a notice onto main places of frequent movement of people including the tenant and neighbours of the land, also indicating
the name of the Village Development Committee or Municipality where the land so requested for registration is situated and the boundaries of ward and the name and address of the person showing up for such registration and stating that any one may make a complaint on that matter with the survey team within Twenty One days of the affixation of the notice, and shall also give a notice in writing to the local Village Development Committee or Municipality. If no complaint is made, the land shall be registered in the name of that landholder by the survey team if the land is outside the municipal area and by the General Survey Office if it is a house and land which is within the municipal area and occupied oneself without any evidence. If a complaint is made, the survey team, if the land is outside the
municipal area, and the general survey office, if it is a house and land which is within the municipal area and occupied oneself without any evidence, shall carry out public inquiry and necessary examination and make a submission, accompanied by its opinion, to the committee or authority designated by the Government of Nepal, and shall act as sanctioned.
(5a) 30 If a person obtains the ownership of a house and land of which land-revenue is not maintained through a deed executed at household and has continuously possessed the house and land at least since Fifteen years ago considering that he or she has right in the house and land and any complaint has not been made on that deed in any court during that period, in the course of surveying and measuring the land, the deed shall be recognized as a valid deed despite that it has not been registered and such a house and land shall be registered in the name of that landholder, and the provision contained in Sub-section (7) shall not apply in this respect.
(5b) 31 In surveying and measuring a house and land on the ground floor and upper floors or on the same floor, owned by different persons, such a house and land shall be registered separately in the name of the house and land holders having separate ownership.
(5c) 32 If the concerned person makes a claim in writing, along with the evidence, over a land which is registered, and land revenue of which is
maintained, in his or her name, which has been owned and possessed by him or her and which contains private forests and shrubs, such a land shall
be registered in the name of the concerned landholder in accordance with the decision made by the committee formed pursuant to Section 11B. after
making necessary examination into the matter.
(5d) 33 In making entry or registration in the field book of a land upon surveying it in an area where re-survey and measurement has been
made, the previous map and registration record prepared upon making survey and measurement in the past shall be looked into and verified, and
the description thereof shall be mentioned in the evidence column of the field book.
(6) In the case of a landholder and tenant who do not get their land registered or send their representative either in the course of making survey
and measurement pursuant to Sub-section (5), a notice shall be published for the second time in the concerned Village Development Committee or
Municipality, thereby giving a time-limit of a maximum of Fifteen days for them to show up for the registration of their land. If the evidence of title
(ownership and possession) of the landholder and the tenant who appears to have the land registered within the said time-limit is verified or if the
landholder of any land which is not registered or on which no land revenue/tax is being paid appears to have his or her land registered on the
basis of possession, the prescribed authority may, upon conducting necessary inquiry, register such a land after collecting a fine of Five
Rupees.
………………. 34
(6a) 35 The prescribed authority may, upon verifying the details mentioned in the previous records, and in presence of one representative of
the Ward Committee, register the land of a landholder who neither appears even within the time-limit given for the second time pursuant to Sub-
section (6) nor sends his or her representative. The landholder who is not satisfied with the registration so made may file a complaint in the Court
within Six months after the date of knowledge of that matter.
(7) 36 If a dispute relating to the ownership of any land arises between Two or more persons while it is being surveyed and measured, the
prescribed authority shall examine the evidence presented by both parties on the matter, make a decision to have the land registered on a provisional
basis on the name of the party whose evidence seems to be stronger until a final decision is made by the Court, and give an evidence to that effect to
the concerned party. If the unsatisfied party does not make a complaint in the Court against that decision within Thirty Five days, that decision shall
be final and the land shall be registered accordingly in the name of the concerned person. If a complaint is made, the land shall be registered in
accordance with the final decision made by the Court.
(8) 37 ………………
(9) 38 If, in making re-survey and measurement of land in a place where the lands have already been surveyed and measured and registration records thereof have been prepared pursuant to this Act, a dispute arises between two or more persons in relation to the title to any land as mentioned in the previous registration records, the prescribed authority shall register the land by verifying the previous registration records.
(1) If it is necessary to establish a control point station in any land or to survey and measure any land, a notice shall be given to the landholder,
tenant of the land where the control point station is to be established or which is to be surveyed and measured, neighbors, concerned Jimidar,
Patuwari and Village Development Committee or Municipality prior to at least Fifteen days.
Explanation : In giving a notice to any landholder, tenant, neighbour, Jimidar and Patuwari for the purposes of this Sub-section, affixation of the notice of that matter unto main places of movement of general public of the area of the land where such control point station is to be so established or which is to be so surveyed and measured or of the area where the landholder or the tenant is residing shall be sufficient.
Provided that, a notice in writing shall be given to the Village Development Committee or Municipality.
(2) In establishing a control point station in any land or surveying and measuring any land, such station or survey and measurement may be
established or made in presence of the landholder, his or her representative, tenant, concerned Jimidar, Patuwari, neighbour and also a representative of
the concerned Village Development Committee or Municipality.
Provided that, if any landholder or his or her representative, the tenant cultivating the land or neighbor does not show up within the time- limit specified in the notice as referred to in Sub-section (1), the control point station may be established or survey and measurement made in presence of the Jimidar of the area where that land is situated or his or her representative, Patuwari or representative of the concerned Village Development Committee or Municipality.
(3) In establishing a control point station in any land or surveying and measuring any land, such permanent or temporary landmarks,
monuments or bacons may be placed or installed as may be necessary for that act and the bushes or branches of any tree may be cut off or cleared for
having the view of landscape.
(4) If any control point station is established in any land, the record shall also state the area of land covered by that station, and the landownership registration certificate of the landholder of the land and the tilling slip of tenant, if any, shall also state that matter.
Explanation: The term “control point station” means and includes an area of up to 1.55 meters on all sides of the landmark in the centre.
(5) 27 In the course of surveying and measuring, the landholders shall send certificate of his or her ownership and possession of the land personally or through his or her representative and get his or her land registered. A landholder who has since long past (ancient times) owned, possessed and cultivated a land without any evidence, registration and payment of land-revenue, 28 except a barren land, public land…………… 29 and a land within the forest boundary as determined, shall also get the land registered. If such a landholder shows up go get such a land registered on the basis of such ownership and possession since long past (ancient times),
the survey team shall affix a notice onto main places of frequent movement of people including the tenant and neighbours of the land, also indicating
the name of the Village Development Committee or Municipality where the land so requested for registration is situated and the boundaries of ward and the name and address of the person showing up for such registration and stating that any one may make a complaint on that matter with the survey team within Twenty One days of the affixation of the notice, and shall also give a notice in writing to the local Village Development Committee or Municipality. If no complaint is made, the land shall be registered in the name of that landholder by the survey team if the land is outside the municipal area and by the General Survey Office if it is a house and land which is within the municipal area and occupied oneself without any evidence. If a complaint is made, the survey team, if the land is outside the
municipal area, and the general survey office, if it is a house and land which is within the municipal area and occupied oneself without any evidence, shall carry out public inquiry and necessary examination and make a submission, accompanied by its opinion, to the committee or authority designated by the Government of Nepal, and shall act as sanctioned.
(5a) 30 If a person obtains the ownership of a house and land of which land-revenue is not maintained through a deed executed at household and has continuously possessed the house and land at least since Fifteen years ago considering that he or she has right in the house and land and any complaint has not been made on that deed in any court during that period, in the course of surveying and measuring the land, the deed shall be recognized as a valid deed despite that it has not been registered and such a house and land shall be registered in the name of that landholder, and the provision contained in Sub-section (7) shall not apply in this respect.
(5b) 31 In surveying and measuring a house and land on the ground floor and upper floors or on the same floor, owned by different persons, such a house and land shall be registered separately in the name of the house and land holders having separate ownership.
(5c) 32 If the concerned person makes a claim in writing, along with the evidence, over a land which is registered, and land revenue of which is
maintained, in his or her name, which has been owned and possessed by him or her and which contains private forests and shrubs, such a land shall
be registered in the name of the concerned landholder in accordance with the decision made by the committee formed pursuant to Section 11B. after
making necessary examination into the matter.
(5d) 33 In making entry or registration in the field book of a land upon surveying it in an area where re-survey and measurement has been
made, the previous map and registration record prepared upon making survey and measurement in the past shall be looked into and verified, and
the description thereof shall be mentioned in the evidence column of the field book.
(6) In the case of a landholder and tenant who do not get their land registered or send their representative either in the course of making survey
and measurement pursuant to Sub-section (5), a notice shall be published for the second time in the concerned Village Development Committee or
Municipality, thereby giving a time-limit of a maximum of Fifteen days for them to show up for the registration of their land. If the evidence of title
(ownership and possession) of the landholder and the tenant who appears to have the land registered within the said time-limit is verified or if the
landholder of any land which is not registered or on which no land revenue/tax is being paid appears to have his or her land registered on the
basis of possession, the prescribed authority may, upon conducting necessary inquiry, register such a land after collecting a fine of Five
Rupees.
………………. 34
(6a) 35 The prescribed authority may, upon verifying the details mentioned in the previous records, and in presence of one representative of
the Ward Committee, register the land of a landholder who neither appears even within the time-limit given for the second time pursuant to Sub-
section (6) nor sends his or her representative. The landholder who is not satisfied with the registration so made may file a complaint in the Court
within Six months after the date of knowledge of that matter.
(7) 36 If a dispute relating to the ownership of any land arises between Two or more persons while it is being surveyed and measured, the
prescribed authority shall examine the evidence presented by both parties on the matter, make a decision to have the land registered on a provisional
basis on the name of the party whose evidence seems to be stronger until a final decision is made by the Court, and give an evidence to that effect to
the concerned party. If the unsatisfied party does not make a complaint in the Court against that decision within Thirty Five days, that decision shall
be final and the land shall be registered accordingly in the name of the concerned person. If a complaint is made, the land shall be registered in
accordance with the final decision made by the Court.
(8) 37 ………………
(9) 38 If, in making re-survey and measurement of land in a place where the lands have already been surveyed and measured and registration records thereof have been prepared pursuant to this Act, a dispute arises between two or more persons in relation to the title to any land as mentioned in the previous registration records, the prescribed authority shall register the land by verifying the previous registration records.