Section 148: Prohibition of owning public heritage by individual

1) No person shall obtain the ownership of any public heritage, whether making its registration or not, or hinder or obstruct, in any way, the public possession or use of, or otherwise occupy, cultivate or encroach such heritage, or cause harm, loss or damage to such heritage in any way.

Explanation: For the purposes of this Section, the term “public heritage” means any of the following heritages:

(a) A right of way that has been in public use from time immemorial,

(b) A road, pasture land, water body, graveyard, crematory, water tap, spout, well, pond, edge of pond, spring of drinking water, canal, water channel, meadow for animal grazing or exit for animals, that has been in the public use,

(c) A place where market is held,

(d) A divine place, shrine, temple, Stupa, monastery, mosque or church,

(e) A public rest house, Pauwa, Sattal, Chautaro,

(f) A historical statue, monument, cultural monument or memorial,

(g) A place for organizing religious or cultural functions or ceremonies,

(h) A national forest designated by the Government of Nepal or forest, or any part thereof, under ownership of the Government of Nepal, State Government or Local Level.

2) A person who commits, or causes to be committed, the offence referred to in sub-section (1) shall be liable to a sentence of imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand rupees or both the sentences.

3) Where any public heritage referred to in sub-section (1) has already been registered in, or transmitted to, the name of any individual, such registration or transmission also shall, ipso facto, be void.