Resource information
This Act provides for the registration of title to land, regulates the use of certain land and related matters and gives rules with respect to landownership and land use rights.The text of the Act is divided into 13 Chapters: Registration of land in Thram (I); Validity of Thram and entitlement to land (II); Right of possession (III); Cost of land and taxation (IV); Sale/purchase and exchange of land (V); Government land and the procedure for allotment of land (VI); Water channels, embankments and roads (VII); Regarding grazing land (VIII); Matters relating to Tsatong and its allotment (IX); Cultivation of land on contract or share cropping basis (X); Compensation for crops (XI); Encroachment of land (XII); Procedure for donation of land for religious purposes (XIII).Only the main Government land register (Chagzhag Thram) will be considered valid (art. Ka 2.1) hence, all land endowments belonging to Communities or privates registered now in other Thrams should be registered in the main Thram (art. Ka 2.2). Articles Ka 2.3, Ka 2.4, and Ka 2.5 deal with the validity of titles to land depending upon its registration in old or new Thram. Ka 2.7 is a kind of transitional provision defining the relationship between the old and the new Thram. The person in whose name land is registered and his dependent members will have equal rights over all registered land such as Kimsha, vegetable garden, agricultural land existing irrigation channels, etc. (art. Ka 3.1). Land registered in the Thram in one's own name can be converted into other categories except that cash crop cannot be converted into other cultivation (Ka. 3.3). A family cannot possess more than 25 acres of land (Ka. 3.4). Article Ka. 3.6 provides for the right over trees growing on a registered land. Articles Ka 5.1 and 5.2 set out the procedure for the sale of land. Before the transaction the parties involved shall apply to the local court who shall inform the Gup of that area in order to find out if any objections against the transaction exist. Transfer of land to foreigners is strictly forbidden by article Ka 5.9. Traditional rights of irrigation channel and water source will form part of transactions in landed property (Ka. 5.11). Chapter VI provides, inter alia, for the procedure of taking over of fallow land by the Government, adjustment and admissibility of excess land, the allotment of land by the Government to landless Bhutanese nationals, the new allotment of land. Chapter VII provides for the construction and renovation of irrigation channels and roads and its effects on land rights, the entitlement of a share of the water to beneficiaries of an irrigation channel, entitlement of water for paddy fields, etc. grass and water in the neighbourhood of a village which is not registered in a person's name will be treated as community gazing and watering ground (art. Ka 8.1 of Chapter VIII). A person without cattle is allowed to maintain grazing land but such land may be used by other persons not having enough land and water after having obtained a permit from the Government (Ka. 8.6). Chapter IX provides for the allotment of Tsatong land. This is land which is not owned anymore by anyone because of migration or lack of heirs. Share-cropping of land shall be governed by agreements to be drawn-up by the parties at least every three years (art. Ka 10.2). Share-cropping is further regulated in detail in Chapter X. Provisions of Chapter XI deal with compensation of damage to crops by cattle of others than the land-owner or user.
Repealed by: Land Act of Bhutan 2007. (2007-06-27)
