Disaster Risk Management Law in Nepal: Legal Framework, Institutions, and Relief Rights

Disaster risk management law in Nepal establishes the comprehensive legal framework for reducing disaster risks, managing disaster response, and ensuring relief and recovery for affected populations. The Disaster Risk Reduction and Management Act 2074 (2017) serves as the primary legislation, replacing the nearly four-decade-old Natural Calamity (Relief) Act 2039 (1982). This landmark legislation, along with the Disaster Risk Reduction and Management Rules 2076 (2019), creates a well-structured institutional framework from the federal to local level, covering the entire disaster management cycle—preparedness, response, and rehabilitation. This guide provides comprehensive coverage of Nepal's disaster management legal framework, institutional structures, relief rights, compensation mechanisms, and disaster response procedures.

Nepal's Disaster Risk Profile

Nepal ranks among the top 20 most disaster-prone countries globally. The country's high relief, rugged topography, steep slopes, high seismicity, and concentrated monsoon rainfall create a fragile environment susceptible to multiple hazards:

According to Ministry of Home Affairs data, during a 45-year period (1971-2015), Nepal experienced 22,372 disaster events—approximately 500 events annually. Fire remains the most recurrent hazard (7,187 incidents), followed by flood (3,720), epidemic (3,448), and landslide (3,012). In terms of loss of lives, epidemic and flood/landslide account for 47.5% and 35.6% respectively.

Constitutional Foundation

The Constitution of Nepal 2072 (2015) provides the foundational framework for disaster risk management:

Directive Principles and Policies (Article 51)

The Constitution mandates the state to make advance warning, preparedness, rescue, relief, and rehabilitation in order to mitigate risks from natural disasters.

Federal Structure and Concurrent Powers

The Constitution distributes disaster management responsibilities across three tiers of government through Schedules 7, 8, and 9:

Historical Development of Disaster Management Law

Nepal's disaster management legal framework has evolved significantly over the decades:

Disaster Risk Reduction and Management Act 2074 (2017)

The Disaster Risk Reduction and Management Act 2074 is the landmark umbrella legislation governing disaster management in Nepal. It replaced the Natural Calamity (Relief) Act 2039 (1982) and represents a paradigm shift from reactive relief-based approach to proactive risk reduction and management.

Key Features

• Comprehensive Coverage: Covers entire disaster management cycle—preparedness, response, rehabilitation, and mitigation
• Disaster Classification: Distinctly defines natural and human-induced disasters
• Institutional Framework: Establishes hierarchical structure from federal to local level
• Security Force Mobilization: Clarifies role and responsibilities of security forces including Nepal Army
• Community Involvement: Provisions for local community participation in disaster management
• Disaster-Prone Zones: Provision for declaration of disaster-prone zones

Definition of Disasters

The Act defines disaster as a natural or non-natural occurrence causing a threatening situation that results in loss of lives and properties with severe impacts on livelihood and environment.

Natural Disasters (Section 2(i))

• Snowfall, hailstone, avalanche
• Glacial Lake Outburst Flood (GLOF)
• Extreme rainfall, low rainfall, flood
• Landslide and soil erosion, inundation
• Storm, drought, cyclone
• Cold wave, heat wave, lightning
• Earthquake, volcanic eruption
• Wild fire and similar natural causes

Non-Natural Disasters (Section 2(d))

• Epidemic, famine, wild fire
• Insects or anthrax attack, animal and bird flu
• Pandemic flu, snake bite, animal attack
• Mine, aviation, road, water, or industry accidents
• Fire, toxic gas, chemical or radiation leakage
• Gas explosion, consumption of toxic foods
• Environmental pollution, deforestation
• Damage to physical infrastructure
• Accidents during disaster rescue

Institutional Framework

The DRRM Act 2074 establishes a comprehensive institutional structure for disaster management:

National Level

National Council for Disaster Risk Reduction and Management (NCDRRM)

The apex body for disaster management, chaired by the Prime Minister:

Functions of the Council (Section 5):

• Lay down national policy and programs on disaster management
• Provide necessary directions to Executive Committee and Authority
• Provide policy guidance to provincial and local levels
• Direct management of financial resources for disaster management
• Evaluate functions of disaster management

Executive Committee

Chaired by the Minister for Home Affairs, responsible for implementing policies and plans laid down by the Council:

Key Functions (Section 8):

• Prepare national policy and plan for Council approval
• Approve integrated and sectoral policies, plans, and programs
• Suggest roles of public, private, and NGO sectors
• Enhance institutional capacity at all government levels
• Ensure disaster management incorporated in educational curriculum
• Identify risk-prone areas and prepare hazard mapping
• Prepare risk-sensitive development and land use planning
• Relocate people from disaster-threatening areas
• Lay down special plans for vulnerable groups (women, children, elderly, disabled, marginalized)
• Develop and operate national early warning system
• Lay down national framework on disaster response

National Disaster Risk Reduction and Management Authority (NDRRMA)

Established under the Ministry of Home Affairs to effectively manage disaster activities:

Key Functions (Section 11):

• Implement plans, programs, and decisions of Council and Executive Committee
• Function as central resource agency for disaster management
• Conduct study and research on various hazards and mitigation measures
• Provide financial and technical assistance to provincial and local levels
• Engage NGOs, private sector, and local communities
• Constitute and build capacity of search and rescue teams
• Coordinate rescue operations immediately after disasters
• Mobilize security agencies, volunteers, and technical experts
• Manage national and international search and rescue teams
• Develop and operate disaster management information system
• Operate National Emergency Operations Centre
• Constitute flying squad for immediate mobilization
• Constitute volunteer bureau for search, rescue, and relief operations
• Provide psycho-social counseling services to affected persons

Expert Committee

The Ministry may establish an Expert Committee with up to five members from fields of geology, medicine, disaster management, environment, or infrastructure to provide policy suggestions and conduct research.

Provincial Level

Provincial Disaster Management Council

Chaired by Chief Minister for laying down policy and plan on disaster management at provincial level.

Provincial Disaster Management Executive Committee

Chaired by the Interior Minister:

Key Functions (Section 14):

• Lay down provincial medium-term and short-term policies and programs
• Facilitate and coordinate disaster preparedness activities
• Coordinate search, rescue, and relief operations
• Lay down standards for relief materials management
• Make temporary shelters for affected people
• Provide essential supplies (drinking water, food, clothing, medical care)
• Mobilize volunteers in affected areas
• Requisition vehicles, equipment, and materials as needed
• Relocate affected people from unsafe to safe areas
• Develop provincial disaster management information systems and early warning systems
• Recommend to GoN for declaration of disaster threatening situation

District Level

District Disaster Management Committee (DDMC)

Chaired by Chief District Officer:

Key Functions (Section 16):

• Support implementation of policies and plans from higher levels
• Lay down and implement disaster response plan of the district
• Run Emergency Operation Centers at district level
• Carry out search and rescue operations
• Distribute relief materials as per government standards
• Control movement of vehicles and people in affected areas
• Manage garbage and debris produced by disasters
• Manage dead bodies of humans and animals
• Manage shelters for affected people
• Ensure security agencies on high alert
• Ensure temporary structures constructed immediately
• Coordinate national and international assistance
• Disseminate disaster-related information

Local Level

Local Disaster Management Committee (LDMC)

Chaired by Village Body Chairperson or Municipality Mayor with up to 15 members:

Key Functions (Section 17):

• Lay down and implement local disaster management plan
• Ensure budget allocation for disaster management
• Coordinate with governmental, non-governmental, and private organizations
• Provide training on disaster management
• Ensure compliance with building codes and standards
• Constitute disaster preparedness committees at ward and community levels
• Conduct drill exercises for disaster response
• Provide rescue and relief in affected areas
• Develop information system and early warning system at local level
• Establish and run local Emergency Operations Centers
• Identify affected households and issue identity cards
• Keep fire brigades on standby

Local Government Operation Act 2074 (2017)

The Local Government Operation Act empowers local bodies with specific disaster management functions:

• Local level policies, legislation, standards, plan implementation, monitoring and evaluation
• Disaster preparedness and response plan, early warning system, search and rescue
• Advance store of relief materials, distribution and coordination
• Local embankment, river and landslide control, river management
• Hazard mapping and identification of settlements at risk
• Coordination between federal, state, local level, and community organizations
• Establishment and operation of disaster management fund
• Plan formulation and implementation for disaster risk reduction
• Resettlement and rehabilitation after disaster
• Data management, study, and research on local disasters
• Development of local emergency work operation system
• Implementation of community-based disaster management

Disaster Management Fund

The Act establishes Disaster Management Funds at multiple levels:

Central Level Fund (Section 22)

Sources of the Fund include:

• Amount provided by Government of Nepal
• Donations or gifts from any organization or individual
• Assistance, grant, or loan from foreign government, individual, or international organization (with Ministry of Finance concurrence)
• Amount from any other sources

Provincial Disaster Management Fund

Established in every province for disaster management activities.

District Disaster Management Fund (Rule 11)

Sources include amounts from Government of Nepal, Authority, Provincial Government, and approved foreign aid. The Fund is operated with joint signatures of the DDMC Chairperson and District Administration Office finance head.

Local Disaster Management Fund

Established at every local level with administration prescribed by provincial and local rules.

Security Agencies' Role in Disaster Management

The Act clarifies the role of security agencies (Nepal Army, Nepal Police, Armed Police Force, Provincial Police) in disaster management:

Functions (Section 18)

• Provide early warning on possible disasters
• Make communities aware of disaster risk reduction
• Get mobilized immediately upon information of disaster occurrence
• Communicate information to concerned officials
• Carry out emergency search, rescue, and relief operations
• Conduct training on search and rescue operations
• Run public awareness programs on disaster management

Powers

• Right to enter any place for disaster response as per CDO order
• Use available resources of any person or organization
• Demand necessary materials from Provincial/Local Committees

Public Enterprise and Business Establishment Duties

Public enterprises and business establishments (industries, factories, theaters, shopping malls, commercial complexes, hotels, resorts, party palaces, petrol pumps) have specific duties under the Act:

Duties (Section 20)

• Provide devices, equipment, materials, and emergency exits to prevent disasters
• Support Authority and committees in data collection, damage assessment, relief, rehabilitation, and reconstruction
• Provide basic orientation training to employees on disaster management
• Keep resources and materials on standby for disaster management
• Make premises available for emergency use as directed
• Support rescue and relief operations
• Keep disaster risk reduction machinery on standby
• Apply measures to reduce environmental and human impact
• Inform nearest security agencies and emergency operations centers after disasters
• Lay down disaster management plans compliant with government plans

Additional Requirements (Rule 9)

• Lay down business continuity plan for pre, during, and post disaster periods
• Install fire extinguisher and disaster prevention devices as prescribed

Declaration of Disaster Threatening Area

Government of Nepal may declare a disaster threatening area by notification in Nepal Gazette (Section 32):

Declaration Requirements

• Specify borders and period of declaration
• May extend period if situation not under control
• Notice must be published and broadcast by national mass media
• May withdraw declaration when situation no longer exists

Government Powers in Declared Areas (Section 33)

• Close governmental/non-governmental offices, academic institutions
• Forbid activities adversely affecting rescue operations
• Depute employees from various organizations
• Requisition movable or immovable properties (keeping records)
• Use and mobilize governmental resources
• Requisition vehicles, food, clothing, medicines, construction materials
• Protect important monuments and places from damage
• Deploy assisting teams
• Restrict movement of people and vehicles
• Adopt necessary security measures

Relief Rights and Standards

The Act provides for minimum standards on relief distribution to affected people (Section 39):

Minimum Standards Must Include

• Temporary Shelters: Accommodation, food, drinking water, health, and sanitation
• Loss Compensation: Minimum relief for persons who lost family members or property
• Vulnerable Groups: Special comfort provisions for women, children, senior citizens, and disabled persons
• Livelihood Support: Self-employment or employment beyond minimum relief
• Distribution System: Relief through one-window system
• NGO Relief: Standards for relief provided through non-governmental or individual basis

Compensation Provisions

Property Requisition Compensation (Section 38)

• Rental charge paid at prevailing rates for requisitioned property or vehicles
• Essential compensation for damaged or would-be-damaged harvests on requisitioned land
• Compensation at prevailing rates for requisitioned food, clothing, medicines, construction materials

Requisition Period (Rule 12)

Requisitioned property shall remain for maximum 30 days from elapsing of disaster threatening declaration period.

Damage Compensation (Section 25)

Reasonable compensation may be recovered from any person who causes loss or damage by way of offence committed under the Act.

International Humanitarian Aid

The Act provides for seeking international assistance (Section 36):

• Government of Nepal may seek international humanitarian and other aids when internal resources insufficient
• Government may declare when additional international aid no longer required
• Approval from GoN required for foreigners or foreign organizations to enter disaster affected areas (Section 35)

Document Replacement After Disaster

For documents lost or destroyed in disaster (Rule 13):

• Local levels certify that documents were lost/damaged based on LDMC recommendation
• Concerned agencies provide new copies under prevailing law
• If certified copy not found, certification based on other government evidentiary documents
• Government entities, organizations, and business establishments must provide copies upon request

Offences and Punishments

The DRRM Act prescribes punishments for various offences:

Case Procedures

• Cases under the Act are state cases
• Limitation: 30 days from commission of offence
• Chief District Officer decides cases under Section 24(4)
• Appeal to District Court within 35 days

International Frameworks

Nepal's disaster management aligns with international frameworks:

Hyogo Framework for Action (2005-2015)

Nepal's National Strategy for Disaster Risk Management 2009 was implemented in line with the Hyogo Framework, emphasizing shift from relief to preparedness and mainstreaming DRR into development.

Sendai Framework (2015-2030)

Nepal adheres to the four priority areas of the Sendai Framework:

1. Understanding disaster risk
2. Strengthening disaster risk governance to manage disaster risk
3. Investing in disaster risk management for resilience
4. Enhancing disaster preparedness for effective response and "Build Back Better" in recovery, rehabilitation, and reconstruction

Key Policies and Strategies

Challenges and Gaps

Despite significant improvements, Nepal's disaster management framework faces several challenges:

Legal and Institutional Challenges

• Conflicting provisions between Water Resource Act (1992), Building Act (1998), and Local Government Operation Act (2017)
• Ministry of Home Affairs as sole implementing agency with other ministries as passive partners
• Provincial committees limited to recommending disaster-prone zone declarations
• Power concentration at National Council level

Implementation Challenges

• Emphasis on preparedness and response over rehabilitation and mitigation
• Focus on national level with less attention to local level
• Limited emphasis on fire and epidemic despite high incidence
• Building code implementation challenges with new municipalities
• Absence of trans-boundary disaster management framework

Capacity Challenges

• Lack of community awareness (as evidenced in Seti LDOF 2012)
• Need for capacity building at provincial and local levels
• Institutional inertia at all government levels