Nepal

New order on land ceiling exemption

By HIMALAYAN NEWS SERVICE

The Government of Nepal has issued the ‘Order Related to Exemption on Land Ceiling, 2021’ to industries, enterprises, companies, projects, and educational or health institutions for the purpose of operating businesses pertaining to industry, agriculture, hydroelectricity, education, health, and real estate.

KATHMANDU, MAY 20

The Government of Nepal has issued the 'Order Related to Exemption on Land Ceiling, 2021' to industries, enterprises, companies, projects, and educational or health institutions for the purpose of operating businesses pertaining to industry, agriculture, hydroelectricity, education, health, and real estate.

As per the order published in the Nepal Gazette earlier this week, if any industry, enterprise, company, project, or firm requires such land that exceeds the ceiling on land allowed under the prevailing law, exemption may be granted to it based on their eligibility.

'If land beyond the ceiling is required for them to operate business, they shall submit an application to the Department of Land Management and Archives along with necessary details and documents,' Section 3 of the order reads.

The DoLR may recommend to the Council of Ministers for approval to purchase or possess land beyond the ceiling if they are found eligible after conducting necessary inquiry and field inspection.

However, they shall not be allowed to furnish the land beyond ceiling as collateral to receive loan from banks. The land beyond ceiling shall be used only for the purpose it has been purchased.

As per the order, there will be a monitoring and inspection committee to ensure that companies or institutions have utilised the land in conformity with their objectives.

Recently, the government had issued the 'Standard for Allowing the Use of Public Land-2021' to allow community schools, government health facilities or hospitals and other government offices to use public land if they needed such land.

However, such public land shall not be provided to any non-governmental organisation or office.

Only government entities are eligible to use public land.

'The public land may be provided to eligible government organisations or offices for a period not exceeding 30 years on the basis of need and utilisation of public property. However, the period may be extended on the basis of rationality,' the standard reads.

It has also determined the criteria for providing public land.

An office, organisation or entity wishing to use public land shall submit an application to the concerned District Land Revenue Office requesting for the land.

After receipt of the application, District Land Revenue Office, in association with the Survey Office, District Administration Office and the local level concerned shall conduct an onsite investigation and deed of public inquiry to ensure that providing such land will not affect the life of the people and places of historical, archaeological, religious and cultural significance.

Eventually, the Council of Ministers shall grant final approval after necessary inquiry.

A version of this article appears in the print on May 21, 2021, of The Himalayan Times.