President Ramchandra Paudel issued the ‘Ordinance to Amend Some Nepal Acts Related to Disaster, 2083’ on Friday, October 9, 2026, opening the path for the collective declaration of 5,285 people missing from the Bhote Koshi-Trishuli floods as legally dead. The ordinance, issued on the recommendation of the Nepal government, simplifies the legal process for thousands of families affected by the August 26, 2026, floods.
The new legal provision streamlines the declaration of death and registration process for individuals missing in disasters, removing the previous requirement for separate judicial declarations for each person.
Simplified process for 5,285 missing persons
The Bhote Koshi-Trishuli floods caused extensive damage in districts including Rasuwa, Nuwakot, Dhading, and Gorkha. According to the ‘Integrated Preliminary Report on Human, Physical, and Social Damage from Bhote Koshi-Trishuli Floods-2083’ prepared by the Bagmati Province government, 1,455 people died in flood-related incidents, and 5,285 remain missing as of October 8, 2026. Families of these missing individuals have faced prolonged legal complexities in registering deaths and claiming relief or compensation.
The new ordinance addresses these challenges. The process will now involve:
- Data collection at local level: The local government of the missing person’s permanent address will collect details and make recommendations.
- District Committee decision: The concerned District Disaster Risk Reduction and Management Committee will decide and forward the details to the National Disaster Risk Reduction and Management Authority, Nepal’s central body for natural disaster risk reduction and management.
- Authority publishes notice: The Authority will publish a list of missing persons in a national newspaper, giving seven days for claims if anyone is found alive.
- Government declares death: If no claims are received within seven days, the Executive Committee of the National Disaster Risk Reduction and Management Authority will recommend to the government to declare the deaths, and the government can then collectively declare them dead.
Previously, under the Muluki Civil Code, 2074, and Muluki Civil Procedure Rules, 2075, a person could only be declared dead by a court after being missing for 12 years.
Streamlined death registration and future provisions
The ordinance also simplifies the death registration process. If a family member or guardian responsible for reporting a death is unavailable, the local chief or ward chairperson can now provide the information for death registration. Furthermore, no late fees will be charged for registering the death of a person who died due to a disaster or was declared dead by the government on the recommendation of the Authority’s Executive Committee.
The ordinance also addresses situations where a person declared dead later returns alive. In such cases, the individual or their family must apply to cancel the death declaration. Any relief or compensation received by the family will not be reclaimed by the government. However, if the spouse of a declared deceased person has remarried, the previous marital relationship will not be re-established.
The government had previously recommended three ordinances, including one related to disaster management, which reached the President’s Office. Our earlier story reported on these recommendations. The preparation for amending legal provisions concerning the declaration of death and registration of missing persons in disasters was also highlighted in previous coverage featuring Law Minister Sobita Gautam.
The Bhote Koshi-Trishuli floods, which occurred on August 26, 2026, around 8:40 AM, caused significant damage along the Bhote Koshi-Trishuli river system, affecting Rasuwa, Nuwakot, Dhading, and Gorkha. The disaster impacted 7,570 houses and 32,933 people, damaged 55 kilometers of roads, 37 motorable bridges, and 68 suspension bridges. Approximately 1,806 hectares of agricultural land, 13 hydropower projects, one solar project, and two transmission lines were affected, impacting about 783 megawatts of hydropower generation capacity. The Nepal government has allocated a total of Rs 370 million in cash relief for rescue, relief, and rehabilitation efforts as of October 4, 2026.
