LAND REVENUE (REMISSION) ACT, 2019 (1962)

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1 LAND REVENUE (REMISSION) ACT, 2019 (1962) Date of Royal seal and Publication (31 Aug. 1962) The Amending Acts The Act Amending, Repealing and Revalidating some Nepal Acts, 2019 (1962) (12 April 1963) The Act Amending some Nepal Acts relating to Finance, 2047 (1990) (13 Dec. 1990) Act No. 17 of the year 2019 (1962) An Act made to Make Provisions relating to Land Revenue Remission Preamble : *Whereas, it is expedient to provide for the powers and procedures to grant remission of the land revenue for drought (Sukha Jarta); Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has enacted this Act, *pursuant to Article 93 of the Constitution of Nepal. 1. Short title, extent and commencement : This Act may be cited as the "Land Revenue Remission Act, 2019 (1962)." (2) It shall extent to the whole of the Terai region. (3) It shall commence at once. * Amended by the Act Amending, Repealing and Revalidating some Acts, 2019 (1962). 1

2 2. Definitions : Unless the subject or the context otherwise requires, in this Act, - (a) (b) 'land revenue" means cash or in-kind or land revenue of both types as required to be paid by the tenant of land to His Majesty's Government and includes such land tax as required to be paid by the tenant of Raikar land (land on which tax are collected directly or through intermediary by the State) to His Majesty's Government pursuant to the Birta Abolition Act, 2016 (1960). "Land Revenue Office" means the local Revenue Office and includes local arrangement and Guthi Offices. 3. Power to remit land revenne : In cases where any land yields no product or yields a little product in any year due to drought the Land Revenue Department of His Majesty's Government may give sanction to remit the land revenue leviable on such land at the following rate : Drought of up to eight Anna - No remission allowed. Drought of up to ten Anna - remission of twenty (20) Paisa in each rupee of the land revenue. Drought of up to twelve Anna - remission of thirty (30) Paisa in each rupee of the land revenue. Drought of up to fourteen Anna- remission of forty (40) Paisa in each rupee of the land revenue. Drought of up to more than fourteen Anna - remission of fifty (50) paisa in each rupee of the land revenue. 2

3 Provided, however, that the land revenue shall not be remitted in case where contract has been arranged on Hunda Mankhap. 4. Duty to maintain records and send reports thereof : (1) Each Inchagre of the Land Revenue Office shall each year take measurement of the rainfall in each week from the month of Ashadh to that of Ashwin for information whether there was rainfall in his area from time to time in a manner that crops can be yielded in full and maintain in his office the records thereof and of drought Jarta, if occurred, and send reports indicating the measurment of rainfall on weekly basis as well as drought if occurred, to the Chief District Officer.* and the Land Revenue Department of His Majesty's Government. (2) Each Chief District Officer* shall take into account whether there has been rainfall in lands in his area from time to time and there occurred drought and the act of cultivating good product could be carried out or not, and if, also upon taking into account of the reports made by the In-charge of the local Land Revenue Office pursuant to sub-section (1), it appears to grant remission because of drought in any area where land could not be irrigated from a ditch or canal, shall, also upon obtaining opinion of the In-charge of the local Land Revenue Office, forward a report to the Land Revenue Department of His Majesty's Government, not later than 15th day of the month of Ashwin each year. (3) After the submission of report of the Chief District Officer*, the Land Revenue Department of His Majesty's Government shall, also taking into account of other report and applications made in that matter, give such sanction as deemed necessary, not later than the month of Ashwin. 3

4 5. Fixation of quantity of crops : In order to prepare an inventory of the major crops within the area of the Land Revenue Office within his area, the Chief District Officer* has to hold discussions with the In-charges of the local Land Revenue Offices and local Jimidars, Patuwari as well, fix the quantity of average product of each type of land and send a copy thereof each to the local Land Revenue Office and the Land Revenue Department of His Majesty's Government. 6. Notice of drought examination to be given : After sanction has been made by the Land revenue Department of His Majesty's Government to examine drought the Chief District Officer* has to give information thereof to the people in the concerned area. 7. Submission of details of drought Jarta : After receipt of information of examination of drought the tenant of the concerned land has to submit the details setting out the number, area and type of that land to Jimidari Kachahari or the local Revenue Office no later than the 15 th day of the month of Kartik; and the Jimidar, Patuwari has to collect all the forms submitted within that time-limit and submit them to the local Land Revenue Office, not later than 20 th day of the month of Kartik. 8. Examination of drought Jarta and submission of report thereof : (1) After submission of the details pursuant to Section 7, the Land Revenue Office has to submit the Chief District Officer* a report also setting out how many missions shall be dispatched based on consideration of the details submitted, and take one employee of at least the rank of Nongazetted Third Class in the office of the Chief District Officer as a witness 4

5 to each mission and start examining drought from the first day of Mangsir (Mid November) while crops are standing. (2) Each mission so dispatched has to measure one Kattha of such land out of the land in each village area equally suffered from drought as it will not be disadvantageous to His Majesty's Government and the people as well if that land is measured, in presence of the Jimidar, Patuwari, of that village area, Chairman of Village Development Committee or member designated by him* get the product thereof cultivated, cut thrased and estimate the yielding to be set after deducting the Jarti from the produce and execute a Muchulka deed indicating how much Jarta has to be fixed on account of the quantity of the produce yielded from the land as compared to that of the produce as indicated in the records referred to in Section 4. The same procedure shall have to be followed also in examining the Jarta of the land subject to Jarta not equally but differently. (3) After submission of memo by the missions, the In-charge of the local Land Revenue Office has to make submission to the Land Revenue Department of His Majesty's Government not later than the last day of the month of Magha (Mid February). (4) After receipt of the submission of the Land Revenue Office, the Land Revenue Department of His Majesty's Government has to consider as to whether Jarta has to be remitted or not, also taking into account of the reports submitted pursuant to Section 3, and give such sanction as it may deem reasonable to the concern Land Revenue Office and Chief District Officers*. 5

6 9. Report of remission : After sanction has been given by the Land Revenue Department of His Majesty's Government to grant remission pursuant to Section 8, the In-charge of the Land Revenue Office has to submit the reports made to him, accompanied by his opinion on such reports, to the Chief District Officer,* and the Chief District Officer* may grant remission, also taking into consideration of the opinion of the concerned Revenue Office on the reports so made to him, and has to forward such reports accompanied by his opinion to the Land Revenue Department of His Majesty's Government if he has any difficulty in granting such remission. 10. Power to frame Rules : His Majesty's Government may frame Rules so as to carry out the objectives of this Act Amended by the Act Amending, Repealing and Revalidating some Acts,2019 (1962). 6

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