Government and public land management in Nepal

Government and public land
management in Nepal

B.R. Acharya
Babu Ram Acharya is the Secretary of the Ministry of Land Reform and Management, Kathmandu, Nepal

Most of the rural population in Nepal is engaged in subsistence farming. There is a high
rate of migration of poor landless people from the mountains to the plains and from rural to
urban areas in search of better land for farming and better livelihoods. This has resulted in
heavy encroachment on government and public land. There are several legal arrangements
for the preservation and management of government and public land, but the lack of
a comprehensive land policy, an integrated land act and a bureau responsible for their
preservation and management has resulted in their continuous depletion. This article makes
a recommendation for improved management of government and public land in Nepal.

BACKGROUND lands lie in the Terai plains and the river
Nepal is a small mountainous landlocked valleys in the Siwaliks and the Middle
country in South Asia. Lying between Mountains. These regions also have more
India and China, it has an area of significant economic and development
147 181 km2 and a population of activities. With almost all the road network
23.4 million inhabitants. It has a rich located in these areas, they are also
human culture and natural biodiversity home to all the 58 major urban centres
with more than 60 ethnic groups and (municipalities and submunicipalities)
70 spoken languages. Occupying only in the country. Therefore, there is heavy
0.1 percent of the earth, Nepal is home to population pressure on these areas.
8 percent of all the world’s population of A natural consequence is the growth of
birds (more than 848 species), 4 percent migration of the poor and landless from the
of the world’s mammals, 11 of the world’s higher and less fertile rural mountains to
15 families of butterflies (more than the more fertile plains and urban centres in
500 species), 2 percent of all flowering search of land for tilling and jobs to provide
plants in the world, 600 indigenous plant a livelihood. This results in encroachment
families and 319 species of exotic orchids. on government and public land and in
However, economically, the situation is the growth of slums. The protection of
not that encouraging. Per capita income government and public land in order to
in Nepal is a mere US$240 per year. safeguard the environment and natural
Worst of all, the single indicator showing habitat and to mitigate natural disasters
the condition of people in Nepal is the (flooding, landslides, etc.) in a context
percentage of the population living below of climate change is currently a prime
the poverty line – 38 percent (Nepal Tourism challenge to land management in Nepal.
Board, 2002). Some 30.7 percent of the
population is engaged in subsistence GOVERNMENT AND PUBLIC LAND –
farming (SD–CBS, 2004). The country REGISTRATION, PROTECTION AND CHALLENGES
consists of five physiographic regions: In Nepal, government and public land
the Terai (or the plains with a minimum is defined (LBMC, 1963) as follows.
altitude of 68 m), the Siwaliks, the Middle “Government land” means roads, paths,
Mountains, the High Mountains and the railways, and land housing government
Himalayas (with a maximum height of buildings or constructions; and this term
8 848 m). Most of the fertile agricultural also denotes forest, shrubs, rivers, rivulets,

land reform / réforme agraire / reforma agraria 2009/1 31

land abandoned by rivers, lakes, ponds survey of all land including government,
and their banks, canals, water channels, public and private land and the preparation
unregistered land, uncultivated land, of the cadastral maps and related land
unused landslopes, sands and other lands registers, which include the attributes of
specifically denoted so by the Government the land (e.g. class, area and use) and the
of Nepal through publication in the landowner (e.g. name, citizenship details
Nepal Gazette. “Public land” means land and address). The land revenue officer of the
allocated for use not only by individuals district land revenue office is the registrar
but by the general public, such as paths, of land and maintains the land records
ponds, springs, wells and their banks, once handed over by the survey officer. The
cattle exits, grazing land, graveyards, Land (Survey and Measurement) Act 2002
public inns, temples, place for religious and Land Revenue Act 1977 categorically
practices, memorials, courtyards, sewers, prohibit the registering of government and
market places, public entertainment and public land in the name of individuals. In
sports grounds and other lands specifically the event of such land being registered in
denoted so by the Government of Nepal the name of individuals prior to or after the
through publication in the Nepal Gazette. enactment of these laws, the registration
shall automatically be invalid and the
Thus, government land can basically be land will automatically be maintained as
classified into two categories: government government or public land as before. There
land owned by particular government is also legal provision for maintaining the
entities, such as government building record of government and public land. The
complexes; and government land owned 1998 amendment of the Land Revenue
by government in general, such as forests Regulations 1979 has made the related
and unregistered/uncultivated land. Public district land revenue office responsible for the
land is not owned by any individual or protection of government and public land.
institution and is denoted as public land Article 22A has the mandatory provision
in the land registers. The maintaining of that the land revenue office should register
the inventory and the protection of public the government and public land under its
land is the responsibility of the local unit, area of jurisdiction and maintain its record
e.g. the respective village development update in the prescribed schedules. It states
committee (VDC), municipality or the that the conservation and protection of
district development committee (DDC). such recorded government and public land
Clauses 25(c) and 93(a) of the Local Self- shall be the responsibility of the relevant
Governance Act 1999 mention one of the land revenue office (DOLRM, 2001).
functions and duties of the local ward
committee: “to assist the VDC/Municipality During cadastral surveys and re-surveys,
in keeping inventory of, and in protecting, the surveyors should pay special attention
population, houses, land, rest houses, to the registration of government and
shelters, inns, temples, shrines, hermitages, public land in the name of the government.
monasteries, mosques, madarsas, holy During adjudication of land boundaries,
places, barren land, ponds, wells, lakes, it is necessary that government and
deep water, canals, taps, stone water taps public land and their boundaries be
etc” within their areas. Clause 189(e) of the identified first. All government and public
same Act mentions that one of the functions land should be registered in the name
and duties of DDCs relating to land reform of the “Government of Nepal” and a land
and management is “to protect and promote ownership certificate provided to the
the unregistered land and government government office concerned in the case of
barren land situated within the district such land under its direct use, and to the
development area” (LBMC, 1999). relevant district administration office in the
case of other government and public land
In Nepal, the survey officer of the district (Acharya, 2006).
survey office is responsible for the primary

32 land reform / réforme agraire / reforma agraria 2009/1

There is a clear distinction between the by unauthorized persons on government
government authorities responsible for and public land and impose fines up to
registering land and those responsible NRs5 000 (about US$65). Nobody can
for its conservation, protection and cultivate government and public land
custodianship. The district survey without proper government authority.
office or the district land revenue office In the event of unlawful cultivation or
is responsible for registering private, providing unlawful authority for cultivation,
government or public land. Each the CDO can impose a jail term of three
government office is responsible for the months. The CDOs should maintain the
conservation, protection and custodianship record of government and public land under
of the land under its direct use, as are any their jurisdiction and provide a copy to the
other private users for their own private relevant land revenue office and office of the
land. The conservation, protection and DDC (LBMC, 1971).
custodianship of government land such as
forests, national parks and wildlife reserves The above shows that, in Nepal, many
are outlined in the Forests Act 1982. different organizations and authorities have
No land within the national forest may be been entrusted with the legal responsibility
registered in the name of individuals. Any for maintaining the records and protection
such registration is automatically invalid of government and public land (Table 1),
(LBMC, 1982). Government land designated and that, in most cases, the responsibilities
as forest is under the custodianship of the are overlapping. These are the real
Department of Forests, and government challenges as it can be easily understood
land designated as a national park or that everybody’s work is nobody’s work.
wildlife reserve is under the custodianship Owing to such ambiguity, the work has
of the Department of National Parks and not been very effective. However, as the
Wildlife Conservation. However, there is not district land revenue office is the authority
a government agency responsible for the for maintaining records of all kinds of
conservation, protection and custodianship lands, and the land revenue office and the
of other government and public land. survey office are organizations responsible
for land registration, they cannot escape
The local chief district officer (CDO) also from the duty of maintaining the updated
has an important role in the protection records and thereby providing security
of government and public land. As of the government and public land. Out
per Clauses 9 and 10a of the Local of 75 districts in Nepal, the inventories
Administration Act 1971, the CDO can of the government and public land in
order the demolition of houses constructed 15 districts are published in book form for

TABLE 1

Agencies directly involved in the protection/conservation of government/public land

Agency Mandate Relevant legislation
Local unit (village development Maintain inventory and protect public land Local Self-Governance Act 1999
committee or municipality) Land Revenue Act 1977 and Regulations 1979
District land revenue office Register, maintain and protect government and public Land (Survey and Measurement) Act 1963
land Forests Act 1982
District survey office Conduct cadastral survey, adjudicate boundaries and
register private, government and public land
District forest officer Conserve and protect forests

Chief district officer Remove unauthorized possession and impose penalty Local Administration Act 1971
Maintain record of government and public land Land-related Act 1965, Land Revenue Act 1977
District land revenue office
Register land
Department of National Parks
and Wildlife Conservation Protect and conserve protected government lands National Parks and Wildlife Conservation Act 1972

land reform / réforme agraire / reforma agraria 2009/1 33

general public use and the rest are in the • poverty, landlessness and the search
process of publication (Acharya, 2006). for better income;
With respect to physical security of the
forests, national parks and wildlife reserves, • conflict and displacement;
specific government departments exist. • open border and immigration by
However, for other government and public
land (except under direct use of government foreign poor;
entities), no custodian department is • political instability and lawlessness;
specifically responsible. Legally, both the • legal loopholes;
district administration office and the land • lack of political will and policy stability;
revenue office have responsibility for their • lack of public awareness;
protection. • ambiguity of responsibility and

ENCROACHMENT ON GOVERNMENT AND custodianship.
PUBLIC LANDS, AND CHALLENGES TO THEIR As in many other developing countries,
PROTECTION there is a continuous tendency of rural
Despite all legal provisions for the populations to move to urban areas in
maintenance of records of government and search of better income. In the Nepalese
public lands and their protection, there context, there is also a strong tendency of
is continuous encroachment on public migration from less favourable to relatively
and private land in Nepal and their areas more favourable areas. Therefore, the
are under continuous depletion. Effective tendency is to move from the extreme rural
and sustainable land management is areas to local bazaar areas, to local towns,
still lacking. Many parts of the forests to district headquarters (town/city) and
are being cleared, many banks of rivers ultimately to the capital city in order to
are being turned into slums, banks of look for work and better wages. Much of
highways and other roads are being the population is engaged in subsistence
turned into settlements and markets, and farming. Farmers tend to move to lower
many cultivable public and government mountains and ultimately to the fertile
lands are being turned into farmland. plains of the Terai. With the little money
There are many reasons for such illegal they have, they cannot afford a suitably
encroachments on government and public sized farm that can ensure a livelihood.
land. Some of the major reasons can be Therefore, they encroach on government
categorized as: and public land. Similarly, the heavy flow
of rural poor has increased slums and
encroachment on public land, such as the
banks of rivers.

Encroachment on
public land.

34 land reform / réforme agraire / reforma agraria 2009/1

The 12-year-long conflict (1994–2006) There are also some legal loopholes that
in the country has also contributed to enable encroachment on government and
this encroachment process with the public land. In the absence of a strong legal
displacement of people and immigration body to stop them, non-law-abiding people
from remote parts of the country to the tend to encroach upon government and
Terai and urban areas, where there was public land. The provision of hal-aabadi
a relatively higher presence of the state. (newly cultivated land and applied for land
Although no official data are available or title registration) and the correction of
for such displacement and immigration, cadastral maps and land records in cases
it is natural that this has contributed to of discrepancy between map/record and
increased pressure on government and the reality on the ground provide room
public land. Nepal has an open border for legalizing unlawful encroachment on
with the provinces of Bengal, Bihar and government and public land. Another
Uttar Pradesh in India. Coincidently, these very strong reason for encroachment on
provinces are the most heavily populated government and public land is the lack of
provinces and also home to the most poor political will and policy stability on how
in India. Because of the custom of open to deal with landlessness, the ex-kamaiya
borders with India, a systematic record of (ex-bonded labour) problem, environmental
people commuting across the Nepal–India protection, etc. The different governments
border is not maintained. It is natural that from the Panchayat era (political system
there is a heavy influx of foreign poor in the before 1991) until today have not been
Terai and urban areas of Nepal. The 2001 able to implement a sustainable policy
population and housing census shows that for dealing with the problem of landless
the foreign-born population in Nepal is farmers and ex-kamaiyas. As an immediate
2.7 percent of the total population and that response to the agitation of the landless
these people are mainly of Indian origin. farmers, ex-kamaiyas and the pressure
The largest proportion of foreign-born from their local party cadres, different
people is in Terai area bordering India (with governments in the past have constituted
a maximum of 7.3 percent in Rupandehi land reform commissions and charged
District). The percentage of foreign-born them with legalizing the encroachment
people living in Nepal for more than ten on government and public land as a way
years is 50.3 percent. Given the lack of to solve the problem. Instead of providing
appropriate statistics and the possibility landless farmers with access to alternative
of underestimation, the true figures for sources of income, past governments have
immigrants, mainly Indians, could be even always considered that allocating land for
higher. subsistence farming would resolve their
problems. Duplication of responsibility,
Nepal has experienced political instability more focus on maintenance of records
for many decades. There has been a rather than physical maintenance,
distinct lack of law enforcement. The protection and overall management of
constitution has been changed at least government and public land was the
six times in the last 60 years. The current focus of the discussions in the section
interim constitution has undergone its fifth above. The Department of Forests and the
amendment within little more than a year of Department of National Parks and Wildlife
existence. Owing to such frequent political Conservation have been entrusted with the
changes in the country, people do not show protection and maintenance of the national
adequate respect for the law. Moreover, forests and the national parks and wildlife
people tend to blame the government for reserves. Experience has shown that their
all their problems and want to take the law organizational structure, particularly the
into their own hands. This has resulted in structure of the Department of Forests, is
increased encroachment on government far from adequate and they have not been
and public property.

land reform / réforme agraire / reforma agraria 2009/1 35

able to reach the grassroots. Community land under the Ministry of Land Reform
forestry programmes have been very and Management should maintain and
effective, but in many national forests update the records on such lands. It
neither adequate boundary adjudication/ should also ensure that no encroachments
demarcation nor protection has been on such lands are made and that they
possible. For other government and public are physically maintained. Such an
land, no custodian organization has been organizational set-up will fill the vacuum
entrusted with their maintenance and of the custodian organization. However,
protection. adequate legal instruments, authority,
personnel and infrastructural resources
Nepalese society is very politically should be entrusted to this department
motivated. Most of the citizens, civil society so that it can perform its duty of policing
and even non-governmental organizations the encroachment on government and
(NGOs) focus much of their attention public land. It is hoped that, after these
on the major political issues of the interventions and reforms, Nepal will be
country. However, adequate concern for better placed to prevent encroachment and
environmental issues and the protection of to maintain and protect government and
the government and public land is missing public lands.
from their agenda. Very recently, a few
NGOs have started to focus on these issues, REFERENCES
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not pronounced.
Acharya, B.R. 2007. Legal provisions on tenure,
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and the problems concerning their DOLRM (Department of Land Reform and
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has a role to play in this respect. It is Kathmandu.
necessary that the ministry take steps to
make available reliable and transparent LBMC. 1971. Local Administration Act 1971.
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citizens, NGOs and other governmental
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FAO/G. DIANA