Section 2
Determination Of Private Forests
(1) For the purposes of this Act, private forests shall mean forests in all types of lands being owned and
possessed by individuals upon the remission of revenue on the whole or some parts thereof or in any manner prior to the commencement of this Act and include the barren lands within the boundary of the said forests.
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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).
Provided that,
(a) Some sporadic trees in some distances in the cultivated lands or fruits garden within or outside
house compound and other trees inside the same shall not be considered as forests.
(b) Trees planted and grown by any person with his or her own efforts in a maximum of Twenty Five
Ropanis of land in the valley and hills and a maximum of Five Bigaha of land in the Terai shall
not be considered as forests.
(2) If there arises any question as to whether any land falls in the private forests or not or whether private forests fall in any land or not or as to the borders or area of that forests or whether any forests are private forests or not, that matter shall be decided by the officer designated by the Government of Nepal for that purpose.
(3) A person who is not satisfied with the decision of the officer designated under Sub-section (2) may make an appeal to the Government of Nepal within Thirty Five days; and the right of the forest officer to make such appeal shall also be reserved.
(4) In order to make decision upon the making of such appeal, the Government of Nepal shall form one tribunal chaired by a justice of the Supreme Court or a person qualified to become a justice of the Supreme Court, consisting of two other members nominated by it, and the decision of the tribunal shall be final.
(5) No court shall have powers to hear suits against the decision made pursuant to Sub-section (2) or (4).
possessed by individuals upon the remission of revenue on the whole or some parts thereof or in any manner prior to the commencement of this Act and include the barren lands within the boundary of the said forests.
_____________________________
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).
Provided that,
(a) Some sporadic trees in some distances in the cultivated lands or fruits garden within or outside
house compound and other trees inside the same shall not be considered as forests.
(b) Trees planted and grown by any person with his or her own efforts in a maximum of Twenty Five
Ropanis of land in the valley and hills and a maximum of Five Bigaha of land in the Terai shall
not be considered as forests.
(2) If there arises any question as to whether any land falls in the private forests or not or whether private forests fall in any land or not or as to the borders or area of that forests or whether any forests are private forests or not, that matter shall be decided by the officer designated by the Government of Nepal for that purpose.
(3) A person who is not satisfied with the decision of the officer designated under Sub-section (2) may make an appeal to the Government of Nepal within Thirty Five days; and the right of the forest officer to make such appeal shall also be reserved.
(4) In order to make decision upon the making of such appeal, the Government of Nepal shall form one tribunal chaired by a justice of the Supreme Court or a person qualified to become a justice of the Supreme Court, consisting of two other members nominated by it, and the decision of the tribunal shall be final.
(5) No court shall have powers to hear suits against the decision made pursuant to Sub-section (2) or (4).