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Public policy

President issues land and forest ordinances months after similar provisions lapsed

Two ordinances amending land and forest laws were issued on 13 October. The land ordinance provides for land for landless Dalits, squatters and informal settlers; similar measures lapsed in July.

Dense forest in Chitwan under a sunlit sky.
Forest area in Chitwan. Representative image: श्रेष्ठ भूपेन्द्र / Wikimedia Commons / CC BY-SA 4.0
In this article
  1. What the ordinances contain
  2. Background: earlier ordinances lapsed
  3. What happens next
  4. Sources

President Ramchandra Paudel issued two ordinances on 13 October (27 Asoj 2083 BS): the Ordinance to Amend Certain Nepal Acts Relating to Forests, 2083 and the Ordinance to Amend Certain Nepal Acts Relating to Land, 2083. A press release from Shyam Prasad Bhandari, spokesperson for the Office of the President, said both were issued on the recommendation of the Council of Ministers under Article 114(1) of the Constitution.

The cabinet had sent the two ordinances to the President together with a disaster-related ordinance. The disaster ordinance was issued on 9 October (23 Asoj), while the land and forest ordinances were held for several days; Onlinekhabar English reported on 8 October that they were under review.

What the ordinances contain

According to the government and media reports, the land ordinance provides for land to be made available to landless Dalits, squatters (sukumbasi) and informal settlers. The forest ordinance amends certain forest-related Acts, but its specific provisions have not been reported in the media.

The texts of both ordinances were posted on the Nepal Law Commission’s website on 16 October (30 Asoj). Readers who need to know exactly which sections of which Acts have been amended should consult those official texts.

Background: earlier ordinances lapsed

This is not the first attempt. The Kathmandu Post reported that the President issued eight ordinances between 30 April and 5 May this year. Four of them lapsed because Parliament did not endorse them within the constitutional limit of 60 days from the start of the session. One was an omnibus Ordinance to Amend Some Nepal Acts, which changed provisions in nearly 18 laws.

Among the changes lost with that omnibus ordinance were amendments to the Forest Act, 2019 allowing forest land to be used for projects approved by the Investment Board Nepal, national pride projects and priority mineral industries, and a plan to register forest-classified land without tree cover in the government’s name for resettling informal settlers. An official of the Ministry of Land Management, Cooperatives and Financial Inclusion told the Post that the lapse “would significantly disrupt plans to relocate informal settlers on such plots.”

What happens next

The ordinances took effect on issue, but they are temporary. Once the winter session of Parliament begins, both Houses must accept them within the period set by the Constitution, or they lapse. Whether their provisions become permanent law therefore depends on Parliament passing replacement bills.

Sources

Primary sources

Other reporting

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The Nyayapalika editorial team.