KATHMANDU: The government is proposing amendment to some Nepal Acts to make disaster response further effective.
In this connection, the Ministry of Home Affairs has prepared a ‘Bill to Amend Some Nepal Acts Related to Disasters.’
The bill has been prepared to make arrangement for search, mortuary storage, and handover of the bodies of people losing lives in disasters; minimum relief to families of missing persons, and judicial declaration of death in case the missing person is not found.
The ministry has currently published a notice under the Legislative Act, 2081, seeking public opinion regarding the bill.
People are requested to send their suggestions or inputs via email to [email protected] within seven days of the notice publication.
According to the ministry, the bill amends the Disaster Risk Reduction and Management Act, 2074, by adding Clause 33 (a) after Clause 33. The Clause specifies arrangements for the search, storage, and handover of the bodies of people who die due to serious natural disasters.
The proposed amendment will make arrangements for the minimum relief to be provided to the families of those missing due to disasters.
The government has added Section 4 after Section 3 of the restrictive phrase in Clause 40(1)(1) of the Civil Code, 2074.
If a person goes missing in such a disaster and is not found, the Government of Nepal is not required to issue a judicial declaration of death according to the prevailing law, the bill states.
The amendment is also proposed in the National Identity Card and Registration Act, 2076. If there is no guardian assigned under Clause (B), the person’s guardian according to prevailing law, or their guardian-in-law, or if such a person does not exist, the head of the local level or the chairperson of the relevant ward should make the declaration.
In case of a foreign citizen who dies or goes missing in natural disaster, the embassy or consulate of the relevant country appointed in Nepal or overseeing Nepal should make the declaration.
Additionally, special arrangements are provided for the registration of events of persons missing due to disasters.
If a person missing in disaster is not found during search and rescue once the declared disaster period ends or search and rescue operations conclude, the person can report the death to the registrar’s office of the local level where the person has a permanent address or temporary residence, or where the incident occurred, along with the required documents. (RSS)
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