PLANNING

LEGISLATION & policies

OF NEPAL
INTRODUCTION

PLANNING
•"management of Change"
•has to be dynamic, adaptive and specific to local conditions to
be effective
•Planning must be future-oriented, anticipating change and
innovation

LEGISLATION
•comprises a sense of static reliability
•fundamental validity
•and general principle
PLANNING AND LEGISLATION
•are closely linked,
PLANNING LEGISLATION
• a set of legal rules for adopting any type of planning process.
National level planning in Nepal
• a tool of economic and social development policy
• was first adopted in Nepal in 1956.
• Since then, Nepal executed various plans in the subsequent
periods with the exception of the year 1961-62 & 1991-92.
In 1956 there was
• total absence of social, physical and other kinds of
infrastructure, institutional bases.
• a commercial bank, a college, a hospital,
• a few kilowatt of electricity and
• Human resources required for development were largely
unavailable.
It was from such a state of affairs that the economy of
Nepal had to begin the process of modernization.
 LAW
• One of the most necessary, the set of enforced rules under which
a society is governed.
•Law may be found to proceed from one or more of the following
legal sources
• from a written constitution,
• from legislation,
• from judicial precedent,
• from custom and
• from the writings of experts
ACT
•A Decree made by a legislative body
• Examples :
Land acquisition Act, 1977,
Town Development Act, 1988
 Various laws that can govern the growth and
development of urban areas of Nepal may be
grouped into seven categories:
I. Legislation on urban growth and development
II. Legislation on cultural heritage management
III. Legislation on natural resource use and conservation
IV. Legislation on land use
V. Legislation on public health
VI. Tax laws
VII. Legislation on environment protection

I. Legislation on urban growth and Development

• ten major acts aiming at regulating urban growth and
development
• besides, there are other acts which also concern urban
 Ten major acts are :-
1. Public Road Act 1974 (2031)
2. Solid waste management and Resource mobilization Act,
1987. (2044)
3. Town Development Act 1988 (2045)
4. Kathmandu Valley Development Authority Act, 1988. (2045)
5. Industrial Enterprises Act, 1992 (2049)
6. Labour Act. 1992. (2049)
7. Motor Vehicle and Transport management Act, 1993 (2050)
8. Local Self Governance Act, 1998. (2055)
9. Environmental Protection Act1996. (2053)
10. Ancient Monument Preservation Act1956(2013)
Different laws and legislations related to urban
planning
• Town development act,1988(2045 BS)
• Local Self governance Act 1998
• Public Road Act
• Land acquisition act
• Apartment act/Regulation
• Motor vehicles and transportation management act,1993
• Land Act
• Land administration act
• Partnership act
 These Acts are important
• to regulate land use and zoning for construction, planned
development of the urban areas, pollution control and health
promotion and sanitation schemes
•This will enhance the quality of life.

1. Town Development Act, 1988

• Development and extension of town with provisions for
necessary facilities and services.
• Determine land utility zones and regulate use of lands and
natural resource for town development.
• Initiate land development program for urban activities.
• Check activities that affects public health; regulate control
and prohibit actions that pollute the environment.
• Order demolition of construction ,built against standards.
 2. 1. Kathmandu Valley Development Authority Act ( KVDA
Act )
• empowers the Kathmandu Valley Development Authority
•Has created Kathmandu Valley Physical Development
Committee and Town Development Committee..
•have provision for protection, preservation and development of
religious, Cultural and historical heritage in the Kathmandu
Valley.
•prohibit adverse use of natural resources, government land and
immovable properties.
•demolish unauthorized construction.
•Regulate control and prohibit pollution and adverse effect on
public health, scenic beauty and touristic places.
2.2 Local Self Governance Act, 1998
• empower local Authority
•to protect, preserve and wisely use natural and cultural heritage,
forests and water bodies, flood control, including drinking
water facilities.
•Prepare periodic (municipal development) plans and establish
basic community infrastructure including public health,
recreational facilities and slaughter houses.
•Regulate construction according to municipal plans.
•Management of public conveniences, means of transportation,
parking system for vehicles, pollution control and waste
management, maintenance and protection of public road
plantations.
•Provide safe and clean drinking water in the municipal area.
Apartment act/regulation

• Provisions for ownership, contract, transaction management, security

of tenure , sharing of common facilities , responsibility for
maintenance , procedure for approval , provision for planning permit
, EIA etc