(1) No
person shall obtain the ownership of any public heritage, whether
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making its registration or not, or hinder or obstruct, in any way, the
public possession or use of, or otherwise occupy, cultivate or
encroach such heritage, or cause harm, loss or damage to such
heritage in any way.
Explanation: For the purposes of this Section, the term
“public heritage” means any of the following heritages:
(a) A right of way that has been in public use from
time immemorial,
(b) A road, pasture land, water body, graveyard,
crematory, water tap, spout, well, pond, edge of
pond, spring of drinking water, canal, water
channel, meadow for animal grazing or exit for
animals, that has been in the public use,
(c) A place where market is held,
(d) A divine place, shrine, temple, Stupa, monastery,
mosque or church,
(e) A public rest house, Pauwa, Sattal, Chautaro,
(f) A historical statue, monument, cultural
monument or memorial,
(g) A place for organizing religious or cultural
functions or ceremonies,
(h) A national forest designated by the Government
of Nepal or forest, or any part thereof, under
ownership of the Government of Nepal, State
Government or Local Level.
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(2) A person who commits, or causes to be committed, the
offence referred to in sub-section (1) shall be liable to a sentence of
imprisonment for a term not exceeding five years or a fine not
exceeding fifty thousand rupees or both the sentences.
(3) Where any public heritage referred to in sub-section (1)
has already been registered in, or transmitted to, the name of any
individual, such registration or transmission also shall, ipso facto, be
void.