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PROCEDURE FOR ACQUISITION OF PRIVATE REGISTERED LAND.

  1. Pursuant to Sections 142 and 196 of the Land Act 2007, the government institutions and Gerab Dratshang may acquire private registered land in the interest of public.
  2. The agency intending to acquire private land must submit application to The Secretariat, National Land Commission for acquisition approval.
  3. If approved, the Dzongkhag Land Acquisition Committee shall serve a notice to the land owner at-least 120 days prior to the acquisition.
  4. The committee shall find a suitable substitute land and process for Forestry and NEC clearance. The estimate for crop, land, fruit trees and structure compensations and land valuation for substitute land must be processed accordingly.
  5. As per Section 155(a), the Dzongkhag committee shall prepare detailed report in forms PLA-1 to PLA-7 and submit to Secretarait, National Land Commission within 1 month.
  6. The acquisitioned land will be taken over only after registration of substitute land and payment of cash compensations by the acquiring agency.
  7. The rule book 2007 must be referred for detail compensations and entitlements.


PROCEDURE FOR ALLOTMENT OF GOVT. LAND/GOVT. RESERVED FOREST LAND TO GOVT. INSTITUTIONS AND GERAB DRATSHANG.

  1. In accordance to sections 203 to 209 of the Land Act 2007, the applicant must submit acquisition application to the Dzongkhag Land Acquisition and Substitute Allotment Committee.
  2. The committee shall carryout feasibility for preliminary proposal in consultation with dept. of forest.
  3. The committee including forest and NEC will visit the site and carryout cadastral survey and demarcate the land properly in presence of the Gup, Tshogpa and representative of the institute. (The GLA forms 1,2 and 2a may be filled up on the spot).
  4. The forest and NEC will issue clearance and inform the committee within 21 days.
  5. The committee shall submit the preliminary proposal in form GLA-1 and GLA-2 to the Secretariat NLC within 45 days on receipt of the application.
  6. Upon receipt of approval from the NLC the Dzongkhag Land Record Sector will submit final survey report in form GLA-2(a) for registration of land.


PROCEDURE FOR CONVERSION OF CHHUZHING TO OTHER LAND CATEGORIES.

INSTITUTIONS CONCERNED: (LOCAL AUTHORITY)

  1. The Gup at the gewog level.
  2. The dzongdag as the chairman, DAO and DLRO at the dzongkhag level.
  3. The MoA. Timing for submission of applications to MoA. -The dzongkhag shall forward the applications for conversion to MoA thrice a year i.e. February, June and October) while dzongkhag shall continue to receive the applications throughout the year. -Within 120 days of receipt of the applications the Ministry (MoA) shallin keeping with section 166 of the Land Act intimate the final decision to the land owner.

PROCEDURE:

  1. The applicant shall fill up the Annex form LC-(1) and submit it to the Gup. The Gup in coordination with the agriculture extension staff shall verify and forward the case to the Dzongkhag within 10 days on receipt of application.
  2. The dzongkhag shall further verify the proposal and either reject within 30 days or submit the application with recommendation to MoA within 30 days.
  3. The MoA shall verify and carry out technical assessment: -Availability of water - Soil condition - Environmental condition - Natural heritage.
  4. Based on the technical assessment report the MoA shall either reject/approve. If approved, MoA shall intimate the Secretariat to affect the changes in the thram. If rejected, MoA shall intimate the dzongkhag for further information to the landowners with reasons.
  5. As per section 340(a) of the rule, the Secretariat shall effect the changes in the thram within 15 days and intimate the dzongkhag and gewog to update their thram record and inform the landowners.


PROCEDURE FOR CONVERSION OF CHHUZHING TO RESIDENTIAL LAND.

COMMITTEE MEMBERS:

1. GEWOG LEVEL:- GUP AND AGRICULTURE EXTENSION OFFICER

2. DZONGKHAG LEVEL:- DASHO DZONGDAG (Chairman), DAO AND DLRO.

CRITERIA:

Pursuant to Section 92 of the land act 2007

  1. The Chhuzhing proposed for conversion should be an inherited land.
  2. At the time of application for conversion the applicant shall not own any other land in his thram.
  3. The applicant will be permitted only 50 decimals for conversion. However, if the remaining parcel of the same plot is less than 10 decimals he/she shall be entitled to convert the remaining land in accordance to section 169 of the Land Act.
  4. The conversion shall be subject to the relevant laws on the use and management if the land is located within Thromde, protected agricultural area and in industrial area declared accordance to section 302 and 304 of the Land act.
  • Any applicant fulfilling the criteria shall submit an application along with the duly filled Annex for LC-form(2) to Gup.
  • The Gup and the Extension staff shall verify the facts within 15 days of the receipt of application and forward it to the Dzongkhag.
  • The Dzongkhag shall take necessary action either reject or approve the proposal within 15 days and intimate the Gup.
  • If approved the Dzongkhag land Record Sector shall survey and demarcate the area and submit the survey report to the Secretariat to update the thram record.
  • The DLRS shall maintain the records of conversion and send a copy of approved conversion report to the Ministry of Agriculture for monitoring.
  • The Secretariat shall update the thram records within 15 days and inform the dzongkhag and gewog to update their records.

MONITORING:

In accordance to section 168 of the Land Act, the MoA shall in coordination with the Local authority monitor the use of converted Chhuzhing. If the construction is not done within 3 years the MoA shall report to Secretariat. Accordingly, the Secretariat shall de-regularize the land category to Chhuzhing.



PROCEDURE FOR LAND TRANSACTIONS.

  1. The parties shall submit the following documents to gewog office.- Internal agreement - Transaction deed LT Form-1 part-I (3 pages.) - NOC from family members if the land belongs to whole family. - NOC from co-owners if it is a joint ownership land. - Land holding declaration of both the parties in LT form - 4. - Photocopy ID of both the parties.
  2. Authorizing other person to carry out the transaction has to be processed in LT-Form-5.
  3. Minimum acreage to transact is 10 decimal in rural and 13 decimal I in urban areas.
  4. The Gup should issue a transaction ID number. ( e.g. Dzongkhag/gewog/001)
  5. The Gup will post a transaction notice on the notice board/circulate the information to gewog for public viewing for a period of 1month.
  6. If objection arises, the Gup should inform the parties within 15 days and reject the transaction with clear justification.
  7. If no objection is received, the Gup shall forward the case to Dzongkhag within 7 days after the expiry of 30 days public viewing in LT Form 1 part-II.
  8. If the transaction needs sub-division, the Land Record Sector will carryout the survey within 30 days public viewing and submit survey report in LT Form-3 and LT Form 1 part-III to National Land Commission.
  9. If the transaction does not require sub-division, the Land Record Sector will forward the case to NLC within 1 week after receiving from the gewog.
  10. The Secretariat shall complete registration of land within 30 days and send the updated thram and map to the dzongkhag/gewog.

TRANSFER OF LAND FROM INSTITUTE TO INSTITUTE

  1. Parties will directly apply to Dzongkhag in LT Form-2.(Part-I).
  2. The Dzongkhag will forward the case to NLC in LT Form-2 (Part-II)


TRANSFER OF LAND FROM INSTITUTE TO INSTITUTE

  1. Parties will directly apply to Dzongkhag in LT Form-2.(Part-I).
  2. The Dzongkhag will forward the case to NLC in LT Form-2 (Part-II).

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