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I. Country
Report |
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Contact person for provided information:  |
Address:
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Babu Ram Acharya
Survey Department
In charge of survey Department, Director General |
P.O.Box 9435, Kathmandu
NEPAL
Email: survey(at)dept.wlink.com.np
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| Information provided on 23
May 2003 |
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Geographical Context:
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Nepal is a land locked country surrounded by China in North and
India in South, East and West. The elevation ranges almost from
60m to 8848m, the highest peak of the world, Mount Everest (Mount
Sagarmatha) Out of 14 peaks with more than 8000 m high of the
world, 8 peaks are in Nepal. Geographically, it is located between
26 degree N to 31degree N latitude and 80 degree E to 88 degree
E longitude of the globe. The length in the east-west direction
is about 885 km. and the width in the north-south direction varies
between 145 km to 245 km. The area of the country is 147,181 sq.
km. Depending upon the elevation, the country is divided into
five physiographic regions namely: Terai (Plain area) 60-300 m,
Siwalik Hills 200-1500m, Middle mountains 800-2400m, High mountains
2200- 2400m,and Himalayas 5000- above.
The population of the country is about 23.5 million and the majority
of the people reside in rural areas with diverse cultural heritages.
Due to a wide variation in the topographical characteristics different
climatic variations are available in Nepal. Accordingly, Nepal
offers tropical, sub tropical, temperate, and alpine and sub artic
types of weather depending on the elevation. The mean temperature
is about 150c, however summer temperature reach over 450c in some
places in the Terai. Due to rugged terrain annual rainfall varies
greatly from place to place from 2400mm to 5000mm. About 80 %
of the precipitation occurs during the monsoon season from to
June until September. The country is heavily dependent upon weather
conditions even for basic food supplies. Nepal is not only landlocked
but also lacking substantial resource for development because
of its geographical features.
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The Great King Prithvi Narayan Shah unified the country by joining
the small-small states into one single country, Nepal on 1786BS.
Since then the Shah dynasty is ruling the country. However, from
1846 to 1950 about 104 years of period, the Rana Prime Ministers
ruled it. On 1950, with the joint movement of the then King and
the public, democracy was established in the country. On 1961,
the king then took over the absolute power and dismissed the elected
government and Panchayat system was exercised, the system lasted
for about 30 years. Once again, there was a public movement on
1990, the king then pronounced the establishment of democracy,
since then multiparty democratic system is restored in Nepal.
At present, King Gyanendra Bir Bikram Shah Dev is the Head of
State.
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Current Political and Administrative
Structures:
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As per the constitution of Nepal 1991, it has three independent
bodies namely: Legislature, Executive and Judiciary. Legislature
looks after the job of actually governing the country, making
laws and Bills and overseeing the finances of the country. This
is done by Parliament, which consists of His Majesty and Upper
and Lower House. The Executive's job is to actually carry out
the government of the country as decided by the Parliament. His
Majesty and the Council of Ministers, which is also called the
Cabinet, exercise the power of this function. The function of
the Judiciary is to ensure justice, according to the law and there
are three levels of court namely Supreme Court, Appellate Court
and District Court.
Kathmandu is the capital of Nepal. Administratively, Nepal is
divided into 5 Development Regions, 14 Zones, 75 Districts and
3396 Village Development Committees and 58 Municipalities.
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Historical Outline of Cadastral
System:
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The development of cadastral system in Nepal is very gradual.
Although the land recording system is very old in Nepal, only
a few decades have been elapsed since the systematic cadastral
system was developed. However, there exists, one way or another
a certain uniform system throughout the country. The rudimentary
land registration system was based on verbal descriptions and
there exists some very primitive method of measuring a parcel.
For example, the size of a parcel is defined by Hale, Pate, Kodale,
Kute etc. In 1965, Cadastral Mapping along with the registration
of the parcel was also launched side by side to support Land Reform
Programme. Consequently, a detailed land recording system was
established and based on these records, the government raised
land revenue. This programme was terminated on 1997 after completion
of cadastral survey of the country.
Initially, the cadastral survey was carried out with local control
system and this system was applied for 38 districts, the maps
thus produced are also termed as island maps. After establishment
of Geodetic Survey in Survey Department in 1973, a network of
national control system was established and so the remaining 37
districts, the surveying was based on the national control system.
Therefore, the government decided to resurvey those remaining
38 districts that are not based on the national control network.
At present, resurvey is in progress mainly in 9 such districts
of Terai area (plain lands) including Kathmandu.
Recently, a concept has been developed to prepare a parcel plan
individually and also to carryout the survey using Total Station
Theodolites. The reason is to reduced the number of disputes,
to increase the accuracy of mapping and to support the establishment
of parcel based cadastral information system.
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B.
Institutional Framework |
Nepal
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Government Organizations:
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Survey Department works under the Ministry of Land Reform and
Management. The other Departments of the Ministry are Department
of Land Reform and Management, Department of Land Information
and Archive and Land Management Training Centre. Besides, Guthi
(Trust) Corporation is also one of the organization belongs to
the Ministry. Survey Department has three Branches namely Geodetic
Survey, Cadastral Survey and Topographical Survey Branches. Furthermore,
the department has 83 Survey Offices in 75 districts, where there
is at least one office in each districts. The Cadastral Survey
Branch has 9 mobile Survey parties called Goswaras. The Goswara
conducts the Cadastral Survey and after completion of mapping
work in the district it hand over the field books and maps to
Survey Office of the district and other related documents (Srestas)
to District Revenue Office of Department of Land Reform and Management.
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Private Sector Involvement:
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Private Sector such as consulting firms, sometimes, perform cadastral
mapping, however, the documents has to legalize after checking
and inspection from the Survey Department. So the private firms
feel that it is not an easy approach and they are not motivated
in this field.
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Professional Organization or
Association:
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At present, there are two professional organizations related with
the cadastral system in Nepal namely Nepal Surveyor Society and
Nepal Surveyor's Association. These organizations are presently
concentrated mainly to maintain the professional rights, to publish
regularly the professional magazine and to conduct national conference.
On 2050, Nepal Surveyor Society conducted a conference on cadastral,
the resolutions adopted by the conference was recommended to His
Majesty's Government for the implementation.
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First attempt in Land (survey & measurement) Acts 1999 (Eight
Amendments) has a provision to award License to qualified Surveyors,
but it is not yet applied due to lack of rules and regulation
regarding the process, qualification of the surveyor, terms and
conditions to honor the license, etc. It is expected to start
the system as early as possible.
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Land Management Training Centre of Ministry of Land Reform and
Management conducts 3 levels of training, namely: Basic Survey
(SLC Candidates), Junior Surveyor (I. Sc. candidates) and Senior
Surveyor (B. Sc. candidates). Few years back, Government decided
to give authority to Private Sector to conduct basic Surveyor
course, accordingly, at present, there are 5 such institutes where
basic Surveyor course conducts. Tribhuwan University, Nepal is
working to open the Graduate Course in Surveying. This course
being realized very important, the reason is, at present, scholarships
to go to abroad for such courses are not available and the person
do not go with self-finance in this field. So, if there is no
promotion of education in this sector, the surveying profession
will, in near future, face crisis in skill human resources.
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C. Cadastral System |
Nepal
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Purpose of Cadastral System:
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The cadastral system in Nepal basically commenced to collect land
revenue for the Government by identifying the landowners and its
tenants. Later on, Cadastral Survey was performed to support land
reform programme of the Government. The allocation of revenue
amount is based on the area and type of the parcel. The type of
the parcel is depending on the various facilities available as
indicated in Land Survey Rules and Regulations, 2058. Therefore,
Cadastral Survey was carried to identify the landowners, tenants
and to determine the types of land. Finally the Owner Certificate
is distributed to the concerned owners after fulfilling the necessary
formalities. The cadastral information, in the beginning were
mainly used only for fiscal purposes that is land revenue and
land administration activities, but due to lack of other legal
and more informative documents these were gradual used for legal
and multipurpose functions. The data contained in the cadastral
system is working as fundamental data set for many users. The
development of the computer based land information system, it
will support to derive a multipurpose cadastral system for various
land related activities such as land management, land development,
land valuation, land taxation, planning and local governance etc.
by computerization of spatial and textual data of the system.
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Types of Cadastral Systems:
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A parcel is a property and is defined by the act. The classification
of parcels is also carried out as per the guidelines given in
the Rules and regulations of Land Survey 1999 as rural and urban
parcels. For the land administration the following land types
are defined namely: public land, Government land, Forestland,
Private land, barren land. The assets in the parcel are also included
in the property. There are no different types of cadastre for
different purposes.
In Nepal, registration of deeds system is being applied in which
the responsibility in land transaction is solely depends on the
landowners and there is no liability to the Government side, if
there exists any discrepancies in the parcel. In deed, the illegal
or informal settlements create problems, but there is no any provision
to be settled by act. This is the burden of the government to
remove them from the encroachment but some times the cabinet forms
high level commission to distribute the land which is not legal
but happening.
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Cadastral system in Nepal is treated as part of the land administration
process and does exist district-wise. In general, cadastral mapping,
preparation of related document and the registration of the parcel
are performed by the Goswara (survey party), Cadastral Survey
Branch, Survey Department. After completion of the Survey, the
cadastral maps and field books are handed over to the district
Survey Office and the related textual documents (Sresthas) are
handed over to District Land Revenue Office of Department of Land
Reform and Management.
The Survey Office updates the maps as per the decision made by
the Land Revenue Office. The instructions to Survey Office will
be as per the demand from the concerned landowner during land
transaction and land fragmentation. The Land Revenue Office will
update the textual document. Whereas, if the transaction of a
parcel is from one owner to another without being change in the
status, there will be no information to the Survey Office, which
at present felt that the document in the Survey Office also need
to be updated accordingly in such situation.
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Content of Cadastral System:
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The cadastral systems in Nepal comprise the following major components:
- Cadastral Maps - The graphical cadastral maps at the scale
of survey that are identified by the systematic map sheet number
and included main features in the parcel. The details of the
contents are described in topic D.
- Field Book - The field book identify the landowner (s) of
each parcel, which is based on the evidence produced during
registration of the parcel. It includes:
- Description of owner and tenants (if exists)
- Full name, address and data of birth/age (owner's unique ID
is recently designed but not functioning)
- Father's / or husband's name & address
- Description of legal document of land registration
- Land classification, land type, crops, irrigated or non irrigated
land, area of the land parcel etc.
- Land Ownership Certificate - Two copies of land ownership
certificate are prepared, the official copy is termed as Jagga
Dhani Sresta and the second copy is termed as Jagga Dhani Purja
and is distributed to the concerned owner. The details are copied
from the field book.
- File Maps - During the process of land transaction when the
parcel is too small and if it is not possible to plot in the
map after fragmentation of the parcel, a file map of this parcel
will be prepared in a separate sheet in larger scale.
- Plot Register - Plot register is an information of each parcel
which has been fragmentation. The main information in the plot
register are the newly established parcel numbers along with
the mother parcel number, the area of each fragmented parcels
and how the parcels has been fragmented.
At present, the concept to convert this graphical and textual
information into computer based digital form has been developed.
The system has been applied in two of the districts of Nepal in
order to support the establishment of Land Information System.
A seamless DCDB and DTDB is future dream of the country like Nepal
is becoming essential for accurate decision-making. All private
lands are freehold. Public and government lands are also registered.
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D. Cadastral Mapping |
Nepal
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Cadastral Map:
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The current cadastral maps are prepared graphically. The cadastral
surveys are carried out in three different scales 1: 500, 1:1250
and 1:2500 based on the nature of the terrain and value of the
land. A team of members from Geodetic Survey and Cadastral Survey
Branches usually decides the scale of the survey. Accordingly,
the control surveys are carried out and the map sheets are prepared.
The Goswara of the Cadastral Branch performed cadastral mapping
using traditional plane table survey method. The map contents
are the parcel boundaries, parcel numbers, roads, rivers, houses,
well, spout, canal and its distribution, content of map etc It
consists of parcels with unique ID, Geo. control points, administrative
boundaries, main features or objects like building, walls, fence,
roads, railways, telephone line, power lines, water bodies, vegetative
(forest, plantation), public services (parks, temples, post office,
hospital, school etc). In the present context of SDI environment,
the contents in the cadastral map need to be revised to support
the system. The maps are in continuous update status as per the
parcel fragmentation and land transaction process. The updating
is carried out by the District Survey Offices of the Survey Department
as per the instructions received from District Land Revenue Office.
The procedure of cadastral mapping in brief in as follows:
- Cabinet decision for cadastral mapping of the district/area
- Notification by newspapers, radio, and television
- Official letters to district and local administrative units/government
related offices line forestry trust corporation as its local
offices and so on.
- Adjudication and surveying and land classification at once.
- Preparation of records : (field books, cadastral map and
registers)
- Owner's name with relevant attributes.
- Tenants name with relevant attributes.
- Area of the land parcels.
- Land use and other attributes.
- Preparation of cadastral maps.
- Notification of all the details for any claims.
- Registration of land parcels with restrictions mortgages
and easement if any.
- Setting of the disputes or claims.
- Preparation and distribution of land owner certificates.
- Preparation of others records and statistical cadastral
records.
- Handing over the records to the relevant district offices
for the continuous updating that is Land Registers (copy of
certificate) to the district Land revenue office and cadastral
maps, field books, Area forms and others to district survey
office.
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Example of a Cadastral Map:
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The follwoing are the two examples of the cadastral map. The
first one is part of the map surveyed using local control points
and second is part of the map surveyed with national control network.

Fig. 1: Part of Cadastral Map based on Local Control.

Fig. 2: Part of Cadastral Map based on National Control Network.
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Role of Cadastral Layer in SDI:
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In Nepal, the importance of cadastral information was realized
when the concept of land information system was developed. So,
the development of Spatial Data Infrastructure has recognized
to link the cadastral information as a fundamental layer for the
land information system. In order to support this system, in some
of the districts, the digital database of the cadastral maps has
been prepared by scanning and vectorization process. Furthermore,
the related textual data are also processed to transfer from hard
copy in paper to digital form. Hence, consequently, a database
on cadastral information will be established which will then be
used mainly for broader sector of social, environment, economic
and good governance activities of the country.
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Cadastral Issues:
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The major three issues of cadastral system in Nepal are as follows:
1. Reliability of cadastral information
As stated earlier, the cadastral system was started to collect
the land revenue and to support land reform programme and hence
the reliability part of the system was neglected. So, the survey
was carried with very low skilled and less qualified technicians.
Secondly, local control system for mapping was used and, therefore,
each map sheet has its own system, orientation and accuracy. Consequently
the edges of the map do not match with that of adjacent sheets.
2. Level of education and Word Verification for resurvey:
As mentioned earlier, there are no universities and colleges
in Nepal for academic degree of professionalism ethics and seriousness
on the job. When the people become aware in the context of importance
of the cadastral information for their daily life, Government
realize that the accuracy of the cadastral map are not to the
expectations of the people. Therefore a policy has been developed
to resurvey using national control network where the cadastral
survey was carried out with local control system. During resurvey
process in these areas, the word verification (used to called
as "Vidaune") of existing document was misinterpreted in all levels
of staffs, it lead to the surveyors to manipulate the maps to
fit with the existing map. Consequently, this again led to number
of issues especially in the finalization of area and registration
of the parcel.
3. Land administration from number of sources
In Nepal, there are more than one organizations related with
the land administration activities, which lead to the non-uniformity
in the land administration, land related documents scattered over
the different places, difficulties in updating the documents,
wastages of resources, etc. The Survey Department, Land Reform
and Management Department, Commissions constituted by cabinet,
trust corporation.
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1. Improvement in the accuracy
To improve the accuracy and reliability of the cadastral documents
the following measures are taken into action :
- Launch programme to provide awareness in the context of participation
of the people concerned in the process of cadastral mapping.
- Resurvey the districts using national control network systems
where the local controls were used for the mapping.
- The qualification of the surveyors had been upgraded in 1975
and again to upgrade one more steps is in process to provide
them a better responsibility.
2. Redefine the word Verification and Adjudication
A team of members is constituted to define properly the word
verification of the existing document so that it will not mislead
the technician and administrator concerned in the process of mapping
and in the land administration. It is expected to get the report
from the team as soon as possible. The process of adjudication
will be improved in near future.
3. Minimize the number of Land Administration Organizations
Discussion is in process to reduce the number of organizations
related with land administration and trying to develop a system
to coordinate these organizations and to integrate and consolidate
the document in one of the organization.
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Compiled by:
- Babu Ram Acharya, Director General, Survey Department, Nepal
- Rabin K. Sharma, Deputy Director General, Survey Department,
Nepal
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