Disaster ordinance lets government declare missing persons dead without a court order

President Ramchandra Paudel issued the Ordinance to Amend Certain Nepal Acts Relating to Disasters, 2083 on 9 October (23 Asoj 2083 BS) on the recommendation of the Council of Ministers. Krishna Bahadur Shahi, spokesperson for the Office of the President, said it was issued under Article 114(1) of the Constitution, which allows ordinances when Parliament is not in session.

The government brought the ordinance in response to the situation after the Bhote Koshi floods. The cabinet had recommended three ordinances together, the other two on land and forests, but this one was issued first.

The problem it addresses

Under the Muluki Civil Code, 2074 (2017), a person who has been missing for 12 years is generally presumed dead. Where someone was believed to have died in a disaster, families had to obtain a judicial declaration of death from a court. When many people go missing at once, bringing a separate court case for each is impractical, and families were left unable to deal with property, debts, insurance and relief.

Main provisions

According to Onlinekhabar, the ordinance provides that:

• a list of missing persons is prepared on the recommendation of the local government and the District Disaster Management Committee, and is open to public claims and objections for seven days;
• the Government of Nepal may then declare those persons dead on the recommendation of the executive committee, with no separate judicial declaration required;
• the procedure for registering the deaths and issuing death certificates is set out;
• stone, gravel, sand and soil can be made available to restore damaged roads, bridges, housing and public infrastructure;
• the District Disaster Risk Reduction and Management Committee may issue directions to the bodies concerned, and failure to comply can lead to action under the law.

Onlinekhabar English reported that, for disaster cases, the ordinance reduces the period after which a missing person can be declared dead from 12 years to 45 days. Nyayapalika has not yet confirmed this period and the full procedure against the official text, which the Nepal Law Commission has listed on its ordinances page.

How long the ordinance lasts

An ordinance takes effect immediately but is temporary. Under the Constitution it must be laid before both Houses of the Federal Parliament at their next session, and it lapses if both Houses do not accept it within 60 days of meeting. The Kathmandu Post reported that four of the eight ordinances issued in April–May this year lapsed in July because Parliament did not endorse them in time. Whether the disaster provisions become permanent law will depend on Parliament passing a replacement bill in the winter session.

Sources

Primary sources

• Ordinance to Amend Certain Nepal Acts Relating to Disasters, 2083 (listed 30 Asoj 2083) — Nepal Law Commission
• Constitution of Nepal — Nepal Law Commission (official text)

Other reporting

• Disaster ordinance issued (Nepali) — Onlinekhabar
• President issues disaster ordinance — Onlinekhabar English, 9 Oct 2026
• President Paudel issues ordinance to amend some Nepal Acts related to disasters — Kantipur, 9 Oct 2026
• Ordinances’ expiry leaves legal holes as altered provisions evaporate — The Kathmandu Post, 11 Jul 2026