KATHMANDU: Out of the six ordinances issued two weeks before the start of the winter session of the Federal Parliament, five have already been passed by both Houses.
However, the ordinance to amend some Nepal Acts related to land (2081) has not been passed due to opposition from the Janata Samajwadi Party (JSP).
The land ordinance has faced significant delays, primarily due to the non-cooperation of the ruling JSP Nepal and the Loktantrik Samajwadi Party (LSP).
This ordinance included a provision to provide public land to landless Dalits, landless squatters, or those in unorganized settlements.
A public concern was raised regarding the inclusion of a provision that would allocate public land, including land on the banks of rivers, streams, or canals, to these groups.
As a result, not only the JSP and LSP but also the Janamat Party opposed the ordinance.
The government now has two options regarding the land ordinance: Withdraw the ordinance and advance it as a new bill in parliament, or allow the ordinance to lapse and become inactive. It appears that the government leans toward the first option.
They expressed fears that major businessmen, middlemen, and land mafias might exploit public lands like forests, jungles, and open areas, leading the country toward disintegration.
Despite the opposition, the government was ready to move forward with five other ordinances by holding a ruling coalition meeting on March 4.
According to ruling party leaders, the government agreed to withdraw the land ordinance and replace it with a new bill. However, due to time constraints, the government has not yet presented the replacement bill in the House.
The government has until March 30 to pass the ordinance, as the Constitution mandates that an ordinance must be passed within 60 days.
The ordinance was presented in the House of Representatives on January 31, and failure to pass it by March 30 will render it inactive.
Despite attempts to garner support from smaller parties, the ordinance has struggled to gain traction, and the government appears to be backed into a corner.
The government now has two options regarding the land ordinance: Withdraw the ordinance and advance it as a new bill in parliament, or allow the ordinance to lapse and become inactive. It appears that the government leans toward the first option.
Meanwhile, JSP Nepal Chairman Upendra Yadav has warned that if the government does not withdraw the land ordinance in the upcoming House of Representatives meeting, the ordinance will become inactive.
Additionally, LSP Chairman Mahanta Thakur has stated that his party supported the government’s other ordinances only on the condition that the land ordinance would be withdrawn.
Thakur added, “There was a discussion about withdrawing it and advancing it as a bill. Whether to withdraw it or deactivate it is their choice, but the government has not yet felt the pressure.”
Meanwhile, the ruling coalition has not yet conducted any thorough discussions on the land ordinance.
Party leaders claim that the issue has not been addressed due to preparations for the pre-budget discussions.
Nepali Congress Chief Whip Shyam Ghimire admitted that the government has not been able to focus on the land ordinance recently.
He confirmed that the government has two options: withdraw the ordinance or allow it to become inactive.
“There is no time for further discussion. The ordinance will either be withdrawn or will become inactive,” Ghimire said.
UML leaders indicate that the government is preparing to withdraw the land ordinance during this session. The outcome of this meeting will determine whether the land ordinance is revived or lapsed.
He further added that the government is preparing to withdraw the ordinance, although discussions might be held during the upcoming House of Representatives meeting.
The CPN-UML, a ruling partner, has also stated that the land ordinance is still under discussion, though time is running out.
UML Chief Whip Mahesh Bartaula claimed that the ordinance was still being discussed and would not be withdrawn.
Despite attempts to garner support from smaller parties, the ordinance has struggled to gain traction, and the government appears to be backed into a corner.
UML leader and former Minister for Law and Justice Padam Giri stated that the upcoming House of Representatives meeting would see the withdrawal of the ordinance.
“It will not become inactive, it will be withdrawn. There is no time to move forward with a replacement now,” Giri said.
The House of Representatives meeting, scheduled for 11 am on March 13, will be crucial.
UML leaders indicate that the government is preparing to withdraw the land ordinance during this session. The outcome of this meeting will determine whether the land ordinance is revived or lapsed.
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