1.2 Histroy of Agrarian Law in Nepal

Historical Development of
Agrarian Law in Nepal

Bhim Bahadur Phadera (Adv.)
Asst. Professor, FWU - FoL
LL.M., B.A.LL.B., (T.U.)
9844801420
Background
• Land is a primary productive asset. Land tenure system is one of the
important determinants of the land productivity, the primary concern of
agrarian reform.
• Agrarian reforms follow the land reform. Only a successful land reform
yields a successful agrarian reform. Land reform and agrarian reform in our
context signify the same process and the same outcomes, as well.
• Both land reform and agrarian reform aim to achieve greater productivity
and production, and at the meantime also aim to ensure distributive justice
for landless and small farmers, who constitute the majority of the
agricultural productive force.
• Land has always been central to the economic and political power in
Nepal, as anywhere else in the world. The unification of the country
itself was basically motivated by the desire to expand the territory,
thereby increasing the land- holding of the Gorkha Kingdom to
augment its national wealth.
• Prithivi Narayan Shah the Great, who unified numerous small
principalities into the Kingdom of Nepal in 1769, had a yearning for
the control of the productive lands in Kathmandu valley and the Terai.
He distributed land in reward – also known as Birta – to the people,
especially soldiers, who, he believed, had helped him in the expansion
of the Kingdom’s territory. On the other hand, he allowed continuation
of the community forms of tenure like Kipat and Guthi.
• The Rana Regime (1846-1950) took land as important asset
and increased its ownership by the ruling class. Land
expansion across Terai and the hills and increasing land tax
was major policy of the Ranas. As a result of the Rana policy,
land distribution in Nepal got completely skewed as land was
not available for the majority.
World History of Agrarian Law
• Ancient
• Modern
History of Land Reform or Agrarian Law in
Nepal
• We can divide the history in to 3 parts
• Before unification of Nepal
• Period between unification to 1950
• Period from 1950
Before unification (ancient period)
• Gopal, Mahispal, Lichchhavi Dynasty
• Kirat Period
• Malla period,
• Ramshah
26 Tithis of Ram Shah
• 8th Tithis: therefore, use your portion of water only in your turn. Do
not use water except in your turn and never use it more than your
portion.
• Nine Tithi: His Majesty has made a Rule that Five Thar Ghar will go
to the land, fix boundary and put signpost of it upon showing the
measurement of the land to mean this much land in Ropani exactly as
His Majesty has also made promise for the same.
• 12 th tithi: keeping pasture land for Cow
• 23th tithi: ermit to take all the crops of Birauta (newly cultivated land)
for three consecutive years from the first crop. After fourth year give
dhani- boti (crop of the owner) to the Talsing (owner of the land), give
bani-boti (crop of the tenant) to the tenant.
Manav Nyayasastra by Jayasthiti Malla
• Chapter on Kshetraseemabibad (Land Boundary Disputes)
• As learned people say that "the land is called Prithwi because she is
taken care of by the king Priththu.” Similarly other kings and people
also take care, so it is called that Prithwi is a suitable wife for taking
care.
• Therefore, who prepares paddy field digging out the roots and stems
of the trees that field belongs to him, and one who throws the arrows
to shoot an animal that belongs to him. If the owner of the field is
incapacitated or dead or disappeared, the person who cultivates the
field unchallenged can enjoy the products of that field.
• If the disappeared owner of the field returns surprisingly while the
field is being cultivated, the owner is entitled to cultivate his land upon
paying the cost invested on it.
• If the owner of the land disappears for a period of seven years and
returns in the eighth year he could resume originally possessed land by
giving one-eighth of land to the cultivator.
• A field which is not cultivated (Banjho) for one year it is regarded as
the half barren land. Uncultivated for three years is regarded
completely barren. If it is not cultivated for five consecutive years
such a land is regarded as good as jungle.
Period between unification to 1950: Shah and
Rana
Divya Upadesh By PN Shah
• Mines and Agriculture: Operate mines even shifting the people from
the mining areas. If the land is fit for paddy field, shift houses in any
other place and develop system for irrigation, develop a paddy field
over there and develop a cultivating land.
Muluki Ain 1910 BS
• Classification of Land
• Collection of revenue
• Relation between owner and tenant
Period From 1950 (Modern Period)
• Private Land Nationalization Act 2013
• Immovable Property Acquisition Act 2013
• Wetland Conservation Act 2017
• Rajya Rajauta Ain 2017
• Land Measurement Act 2019
• Ukhada Act 2021
• Land Act 2021
• Jhora Land Act 2028
• Nationalization of Pasture Land Act 2031
• Inland Revenue Act 2034
• Mine and Minerals Act 2042
• Food Act 2023
• Guthi Corporation Act 2033
• Land Acquisition Act 2034
Muluki Ain 2020
• Chapter on Ghuti
• Chapter on Cultivation of Land
• Chapter on Registration
Muluki Civil Code 2074
• Part 4, Chapter 4
• Provisions Related to Land Cultivation, Possession and Registration

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Historical Development of

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