Disaster Ordinance 2026: Missing Persons Declared Dead After 45 Days (Article 114)

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On 9 October 2026 (2083/06/23), President Ram Chandra Paudel issued the Ordinance to Amend Some Nepal Acts Related to Disasters, 2026. Its main change: in disaster cases, a missing person can now be declared dead after 45 days instead of 12 years. This is an important current affairs and constitution question for Lok Sewa.

What changed

BeforeAfter the ordinance
Declaring a missing person deadAfter 12 years missingAfter 45 days in disaster-related cases
Who recommended itCouncil of Ministers, meeting of 7 October 2026
Constitutional basisArticle 114(1) of the Constitution of Nepal

Why it was needed

  • The Bhote Koshi flood of 26 August 2026 (Rasuwa and nearby districts) left many people missing.
  • Without a death certificate, families could not claim compensation, settle inheritance or transfer property.
  • The ordinance gives these families a legal path within weeks instead of 12 years.
  • Related relief: on 16 October the cabinet declared parts of Gorkha, Dhading and Baglung disaster crisis-affected zones for three months and approved Rs 15,000 a month housing support per family (up to four members).

Ordinance in the Constitution of Nepal (Article 114)

  • The President may issue an ordinance on the recommendation of the Council of Ministers when both Houses of the Federal Parliament are not in session and immediate action is needed.
  • An ordinance has the same force as an Act.
  • It must be tabled at the next session of both Houses.
  • It ceases to be in force if not approved within 60 days after both Houses meet, if both Houses reject it, or if the President repeals it.

Key facts to remember

  • Main disaster law: Disaster Risk Reduction and Management Act, 2074 (2017), which created the National Disaster Risk Reduction and Management Authority (NDRRMA).
  • The same cabinet meeting (7 October) also recommended ordinances on land and forests: see our forest and land ordinances post.

Practice MCQs

  1. Under the 2026 disaster ordinance, a person missing in a disaster can be declared dead after:
    a) 30 days b) 45 days c) 90 days d) 1 year
    Answer: b) 45 days
  2. What was the earlier waiting period?
    a) 7 years b) 10 years c) 12 years d) 15 years
    Answer: c) 12 years
  3. Under which Article of the Constitution of Nepal does the President issue an ordinance?
    a) Article 110 b) Article 114 c) Article 119 d) Article 273
    Answer: b) Article 114
  4. An ordinance ceases if not approved within how many days after both Houses meet?
    a) 30 b) 45 c) 60 d) 90
    Answer: c) 60 days
  5. Which flood led to this ordinance?
    a) Melamchi flood b) Bhote Koshi flood c) Koshi flood d) Seti flood
    Answer: b) Bhote Koshi flood (26 August 2026)

Related Notes

Sources: Kantipur: President issues ordinance related to disasters (9 Oct 2026); The Star / ANN: Shorter wait to declare missing victims dead; Nepal News: Cabinet decisions, 16 Oct 2026.

Why this matters for Lok Sewa

  • Ordinances link current affairs to the Constitution: Article 114 is asked in both GK and law papers. See our Constitution notes.
  • Useful in long answers on disaster governance and citizens’ rights.

Quick practice questions

  1. Under which article does the President issue an ordinance? Answer: Article 114(1).
  2. After how many days can a missing person in a disaster case now be declared dead? Answer: 45 days (earlier 12 years).
Loksewa Pathsala is an independent educational platform. It is not affiliated with the Public Service Commission (Lok Sewa Aayog) or the Government of Nepal. · लोक सेवा आयोगको आधिकारिक साइट होइन। · Sources & disclaimer
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