Chapter 7
Miscellaneous
37. Provisions relating to ceilings:
All provisions of the prevailing Nepal law relating to ceilings (hadbandi) shall be applicable in respect to the Guthi landowners of Guthi Raitana Numbari lands and tenants of Guthi lands, and for this purpose, ceilings shall be established by taking into account both Guthi lands and government Raikar lands.
38. Special provisions relating to Guthi Raitana Numbari lands:
In cases where any person has obtained any land which is Guthi owned under this Act in any manner and under any arrangement which is contrary to the interests of the Rajguthi and the Corporation,
such rights and privileges obtained under any arrangement made subsequent to the enforcement of the Guthi Corporation Act, 2021 (1964) shall ipso facto lapse, and the rights and ownership of the
Corporation and the Rajguthi shall ipso facto revive in such cases. Provided that:
(1) In cases where lands obtained by any persons under any arrangement have been used for house and cartilage, these shall be registered in their name in the capacity of landowners, subject to the ceilings imposed by other prevailing law, and in respect of the remaining areas, rents shall be paid to the Corporation in accordance with this Act.
(2) This Section shall not be applicable to any Guthi lands which are registered by the Guthi Corporation as Guthi Raitana Numbari lands, in the name of any persons, by obtaining approval of the Government of Nepal, subject to the ceiling of Ten Bigaha.
39. 51 Registration of Guthi building or land as previously:
(1) If it is proved that any Guthi Tainathi land is registered as Guthi controlled land, Guthi controlled land as Guthi Raitana Numbari land or Guthi land or building as Raikar, the Administrator or administrative chief carrying out the functions of the Administrator may register such a
Guthi land or building as Guthi Tainathi land, Guthi controlled land or Guthi Raitana Numbari land as existed previously. After such registration the earlier registration of that land or building shall be
obliterated (lagat katta).
(2) Any person who is not satisfied with a decision made by the Administrator or the administrative chief carrying out the functions of the Administrator pursuant to Sub-section (1) may file an appeal before the Court of Appeal against the decision within Thirty Five days.
40. Attachment of property:
In cases where the concerned office receives a request from the Corporation for the attachment of the
immovable property which has been pledged as collateral with the Corporation, the office shall attach such property in such a manner that it cannot be sold, mortgaged on usufruct or at sight or otherwise
to any person in any manner.
41. Recovery of arrears:
(1) The Corporation may recover such land revenue, crop rent, rent, land rent, advance, contract revenue, fine, amount in question, fee, additional fee, charge etc. 52 as to be recovered by the Corporation by auctioning the collateral or other property of the concerned person.
(2) The Corporation may, if it so deems appropriate, recover arrears pursuant to Sub-section (1) by installments and collect interest at a rate not exceeding Ten percent per year.
51 Amended by the Second Amendment.
52 Inserted by the First Amendment.
53(3) Notwithstanding anything contained in Sub-sections (1) and (2) and Section 28, the Corporation may recover arrears for the prescribed period by installments in cash at the prescribed rates.
42. Reimbursement for land acquired by the Government of Nepal:
If the Government of Nepal acquires any Guthi land, it may reimburse a land instead of the amount of compensation of that acquired land. Provided that, in cases where a Guthi Raitana Numbari land is
acquired, the Government of Nepal shall pay compensation to the Corporation in consideration for the land revenue leviable on that land.
42A.54 Power of Government of Nepal to acquire Guthi land:
If the Government of Nepal thinks that it is necessary to provide, or cause to be provided, any Guthi land owned by the Corporation for social welfare or community interest, it may, in view of practicality,acquire
such a land at a concessional rate.
43. Tirja system may be abolished:
Where Mahants, priests, Guthiyars and other functionaries of any Guthis have been getting inkind
emolument through land allotments or Tirja system entitling them to collect rents on lands assigned for that purpose, the Corporation may provide for the payment of remuneration to them instead of such in-kind emolument.
44. Provisions relating to ancient idols and ornaments:
(1) The Mahants, priests, Guthiyars and other functionaries of Rajguthis shall prepare current inventories of the ancient idols of God and Goddess, ornaments and utensils in their custody in such a manner as to ensure their safety and have such records inspected by the Corporation.
53 Inserted by the First Amendment.
54 Inserted by the Second Amendment.
(2) When such Mahants, priests, trustees and other functionaries are changed, they shall hand over to their successors the items in their custody as listed in the inventory.
(3) In cases where a person who has taken custody of ornaments, utensils etc. of God, Goddess of Rajguthis which are not in current use desires to have them deposited safely with the Corporation, he or she may hand them over to the Corporation. In cases where the Corporation so desires, it may have such ornaments and utensils deposited with it.
45. To make arrangements of ornaments and other properties:
(1) The Corporation shall make necessary arrangements for the safety of ornaments, utensils and other properties offered to the God, Goddess of Rajguthis.
(2) If, in making inspection of the ornaments and other properties offered to the God, Goddess, there appears a shortfall except on reasonable grounds, the Corporation may have the custodian thereof make good of the shortfall. In cases where he or she does not do so, the amount of such shortfall shall be recovered from him or her as a government due.
46. In relation to fairs and markets (hhat bazar) in Guthi lands:
(1) Notwithstanding anything contained in the prevailing Nepal law, Fifty percent of the proceeds of duties or fees collected by the Village Development Committee or 55Municipality from fairs and markers
held in Guthi lands shall be handed over to the Corporation.
(2) Notwithstanding anything contained in Sub-section (1), the Corporation may, if it so desires, itself manage or use the Guthi lands in which such fairs or markets are held.
55 Amended by the Second Amendment.
47. In relation to survey and measurement of Guthi lands:
(1) In surveying and measuring Guthi lands, the concerned authority shall, before doing so, give a notice thereof to the Office of the Corporation.
(2) In cases where a notice is not given to the Corporation pursuant to Sub-section (1), departmental action shall be taken against such authority according to the prevailing law relating to the terms and conditions of his or her service.
48. Issue of provisional certificate:
The office which issues certificates in respect of Raikar lands shall also issue tillers’ provisional certificates and permanent land ownership certificates in Guthi lands.
49. Demarcation of plots:
The registration office shall demarcate plots on Guthi lands when it is necessary to do so.
50. Registration as Guthi land to be made:
In cases where any person had willfully registered Guthi lands as Raikar prior to the commencement of this Act, that person shall again register such lands as Guthi land within Six months after the date of the commencement of this Act.
51. Consolidation of Guthi Tainathi lands:
If the Corporation considers it necessary to consolidate holdings in Guthi Tainathi lands, it may make such consolidation (chaklabandi) by exchanging lands.
52. Power to give directives to the Corporation:
In cases where the Government of Nepal so considers necessary, it may give necessary directives to the Corporation. The Corporation shall comply with such directives, if any, so given.
53. 56 Obligation to extend cooperation to the Corporation:
The local administration, police and Village Development Committee or Municipality57 shall extend cooperation to the Corporation in carrying out acts such as performing traditional Guthi functions, protecting the movable and immovable assets of Guthis, and evicting any person who forcibly occupies any house or land belonging to the Corporation or any temple, inn or shelter without permission of the Corporation.
54. Punishment to person who does not furnish statement or pay land revenue:
If any person fails to furnish such statements, documents or pay such land revenue as required to be furnished or paid to the Corporation pursuant to Section 21, 23 or 24, such a person shall be liable to a fine not exceeding Twenty Five Hundred Rupees.
55. Punishment to person who registers Guthi land as Raikar:
If any person willfully registers a Guthi land as Raikar land after the commencement of this Act or does not register Guthi land pursuant to Section 50, such a person shall be liable to a fine equal to the value of
the land which was registered as Raikar, at the currently prevailing rate. The land which has been so registered as Raikar shall again be registered as Guthi, and the land rent shall be imposed if any house or
shop has already been constructed in such a land.
56. Punishment to person who misappropriates ornaments etc.:
If any person misappropriates any ornaments and other properties offered to the God, Goddess of Rajguthis, the amount in question shall be recovered form such a person, and such a person shall also be
liable to a fine that is equal to the amount in question.
57. Punishment to person who derelicts religious duty:
If any person does not perform the function which he or she is required to perform according to the deed of gift or endowment, stone inscription (sheelapatra) etc. of the Guthi and is thus guilty of dereliction of
religious duty (dharmalop), such a person shall be liable to a fine not exceeding Five Hundred Rupees, and such a person may be compelled to perform the functions according to the deed of gift or
endowment, stone inscription etc. of the Guthi. The Mahants, priests, trustees and other functionaries who are guilty of such dereliction may be dismissed and other persons may be appointed to replace
them.
58. Other punishments:
In cases where any person contravenes any provision of this Act other than those contained in Sections 54, 55, 56 and 57, such person shall be liable to a fine not exceeding One Thousand Rupees.
59. Authority to impose punishment:
(1) The Administrator58 shall have the power to impose punishment under Sections 54, 55, 56, 57
and 58.
(2) An appeal may be made to the Government of Nepal against the order of punishment made by the Administrator59 under Sub-section (1).
60. Having the same powers as court has:
While taking action pursuant to Sections 54, 55, 56, 57 and 58, the Administrator60 shall have the same powers as a court of law has in relation to recording statements, examining witnesses and evidence and procuring documents.
61. Action may be taken according to other Nepal law:
Nothing contained in this Act shall preclude the institution of proceedings according to the prevailing law relating to prevention of corruption against any person who misappropriates the idols and ornaments of God, Goddess and other properties belonging to the Corporation.
62. …………….
61
62A. …………….
62
63. Special exemption:
(1) Notwithstanding anything contained in the prevailing Nepal law, no court fees shall be charged in cases where the Corporation is a plaintiff nor shall an attorney of the Corporation be kept on recognizance date (taarikha) unless the concerned office or court issues an order to that effect in cases where the Corporation is the plaintiff or defendant and circumstances necessitate the presence of its attorney.
63 (2) No limitation shall be applicable to the Corporation in respect of any action to be taken by it to enforce its title to its assets, recover its investments, have its employees, Mahants, priests, functionaries (Rakamis), trustees, contractors etc. deposit commodities and cash due from them, and collect any rents, contract revenue, land revenue and land rent as well.
63A.64 Delegation of authority:
The Corporation may, as required, delegate its powers to the Chairperson, a sub-committee of members,
the Administrator or any employee of the Corporation.
63B.65 Supervision of Guthis and shrines by District Administration Office:
Each District Administration Office shall supervise and inspect the affairs of Guthis located in the District and look after ancient idols, ornaments and other properties of shrines.
61 Repealed by the Second Amendment.
62 Repealed by the Second Amendment.
63 Amended by the First Amendment.
64 Inserted by the First Amendment.
65 Inserted by the First Amendment.
63C.66District Guthi Operation Assistance Committee:
(1) The Government of Nepal may, as required, form a District Guthi Operation Assistance Committee for the well management of the Guthi lands.
(2) The formation, functions, duties and powers and other procedures of the committee as referred to in Sub-section (1) shall be as prescribed.
64. Dissolution and consequences thereof:
(1) If the Government of Nepal thinks that the Corporation has to be dissolved for any reason, it may dissolve the Corporation.
(2) In the event of dissolution of the Corporation under Subsection (1), all rights and liabilities of the Corporation shall be deemed to have devolved on the Government of Nepal.
65. Power to frame Bye-laws:
The Corporation may, with the approval of the Government of Nepal, frame Bye-laws in order to implement the objectives of this Act.
66. Repeal and saving:
(1) The Guthi Corporation Act, 2029 (1972) is hereby repealed.
(2) Any action taken and act done under the Guthi Corporation Act, 2029 (1972) shall be deemed to have been taken and done under this Act.