The Government of Nepal has introduced the Ordinance to Amend Certain Nepal Acts Related to Disasters, 2083, establishing new legal arrangements to address disaster-related deaths, missing persons, reconstruction and administrative challenges. Published in the Nepal Gazette on Ashoj 23, 2083 BS, the ordinance was issued by the President on the recommendation of the Council of Ministers under Article 114(1) of the Constitution. It amends the Disaster Risk Reduction and Management Act, 2074, and the National Identity Card and Registration Act, 2076. The government introduced the ordinance to address urgent legal and administrative difficulties in disaster management while the Federal Parliament was not in session.
One of the ordinance’s major provisions empowers the government to declare individuals who have disappeared during disasters legally deceased, subject to specified procedures. A government-formed executive committee may recommend such declarations, after which the government must publish a notice in a national daily newspaper allowing seven days for claims or objections. For Nepali citizens, recommendations must be supported by the relevant District Disaster Risk Reduction and Management Committee and local-level records. For foreign nationals, information must be obtained through their diplomatic missions or designated consulates in Nepal. If no valid objection is received within the prescribed period, the government may proceed with the death declaration. The ordinance also allows individuals mistakenly declared deceased to seek cancellation of the declaration if they are subsequently found alive, while preserving applicable legal rights and previously provided relief.
The ordinance further simplifies disaster-related death registration by amending the National Identity Card and Registration Act, 2076. It enables authorized local officials to register deaths based on government-issued declarations and supporting documentation, including cases involving foreign nationals and situations where family members cannot personally report a death. Registration fees will be waived for individuals officially declared deceased under the disaster management provisions. The amendments also introduce special documentation arrangements, allowing death registration based on citizenship records, government death-declaration lists, passport or entry documents, diplomatic recommendations and other official identification records, depending on the circumstances.
In addition, the ordinance introduces measures to accelerate the reconstruction and rehabilitation of disaster-damaged public infrastructure and residential buildings. Where suitable stone, gravel, sand, soil or other construction materials are available within a district, the District Disaster Risk Reduction and Management Committee may direct or facilitate their collection, extraction, transportation and use through the concerned local authorities, subject to existing legal, technical and environmental requirements. Local governments and public agencies must implement these directions on a priority basis. The provisions aim to reduce reconstruction delays, improve coordination among government bodies and ensure that disaster-affected communities receive timely administrative support and access to essential rebuilding resources.
