You are viewing the translated version of प्रस्ताव आव्हान गरी कबुलियती वन दिन सकिने.

Rule 39A
Confession can be given by calling the proposal

(1) Notwithstanding anything written in Rule 39, the Government of Nepal may offer the following areas of the National Forest to an organized organization or industry as a recognized forest -
(a) Shrub Bhutan region,
(b) Areas reclaimed from encroachers,
(c) Areas where forests have been damaged and regrown due to natural calamities,
(d) forest area with less than twenty percent crown cover,
(e) Sensitive area in terms of land conservation.
(2) Organized organizations or industries willing to participate in the proposal invited by the director to open the grounds for sustainable management including the protection of the environment and biological diversity of the forest area as per sub-rule (1) may submit the following proposals -
(a) Duration of Confession Forest,
(b) the place, area and four forts desired to be taken as confessional forest,
(c) Forest development action plan regarding the types of forest produce to be produced and their sustainable use,
(d) If any kind of physical construction (house, tower, etc.) will be done within the Kabuliyyat forest area, the details of the same,
(e) Provisions related to the annual fee to be submitted to the Government of Nepal (f) Estimated nature of the forest and status of the forest produce that will remain in the condition that the said forest area is returned to the Government of Nepal after the end of the contract period,
(G) Other essentials.
(3) The proposal received in accordance with sub-rule (2) shall be submitted to the department by the director after completing the process in accordance with sub-section (2) of section 32 of the Act.
(4) In accordance with sub-rule (3), there will be an evaluation committee as follows for technical and financial evaluation of the proposal received from the director -
(a) Director General – Coordinator
(b) Director-Member concerned (c) Chief Controller of Accounts, Ministry – Member
(d) Officer-member of the Forest Department appointed by the Director General (5) The evaluation committee according to sub-rule (4) may invite an expert to the meeting as per the need.
(6) Price under sub-rule (4).While evaluating the proposal, the evaluation committee should evaluate it based on the following –
(a) Program related to forest development through protection of environment and biological diversity, control of soil erosion and natural disasters,
(b) Duties and revenue directly received by the Government of Nepal (c) Possibility of direct or indirect employment to the residents living in the vicinity of the recognized forest area,
(d) Other income-generating programs to increase industrial activity in the local area.
(7) According to sub-rule (6) the proposal submitted by the most suitable proposal must be submitted to the Ministry of Forests for approval.
(8) The Government of Nepal will make a decision to provide the Kabuliyati forest by making an agreement with the proposed proponent as per sub-rule (7).
(9) While entering into an agreement according to sub-rule (8), the proposer shall prohibit the following activities in such a way that they cannot be discussed –
(a) To block or divert the source of rivers and streams flowing within the forest area without taking the prior approval of the Forest Department,
(b) causing obstacles to the development of plants, causing damage to the habitats of animals, spoiling the natural or physical appearance or adversely affecting the ecological status of the border area,
(c) Using any kind of pesticides to cause harm to aquatic birds or any other kind of animals, livestock or animals,
(d) Excavating stones, gravel, sand or operating a mine, disrupting the social customs of the surrounding local residents or disrupting the use of traditional rights such as unrestricted use of roads and canals.