Natural Calamity (Relief) Act 1982

Preamble-
Whereas. It is expedient to make arrangement for the operation of relief work and maintenance or
the people's convenience with a view to protect the life and property of the people in the general
and public property.

Now, therefore, His Majesty King Birendra Bir Bikram Shah Dev has enacted this Natural Calamity
(Relief) Act 1982, on the advice and with the consent of the National Panchayat.

1. This Act shall be called the Natural Calamity (Relief) Act 1982

2. Natural Calamity means earthquake, fire, strom, flood, landslides, heavy rain, drought,
famine, epidemic, and other similar natural disaster. It includes the industrial accident or
accident caused by the explosion or poisoning and any kind of disaster.

3. Disaster Area means the area declared as the disaster area by the publishing of Nepal
Gazette.

4. Natural Calamity Relief Work means any relief work to be carried out in the area
affected or likely to be affected by the natural calamity in order to remove the grief and
inconvenience caused to the people to rehabilitate the victims of the natural calamity and to
make advance preparation thereof.

5. Central Committee means the central natural calamity relief committee. This committee is
chaired by Honorable Home Minister.

6. District Committee means the District Natural Calamity Relief Committee. There are 75
districts in the kingdom. Chief District Officer chairs the district disaster relief committee.
He (CDO) is belonging to the Ministry of Home Affairs and he is from bureaucracy.

7. Declaration of Disaster Area

a. His Majesty's Government may, if it deems necessary, specify the extent of the
area affected or likely to be affected by Natural calamity and declare such area, by
publishing a notification in the Nepal Gazette as Disaster Area for the period of
specified in the same notice.
b. In case the situation arising out of the natural calamity could not be brought under
control within the period specified under the above sub-Section (a), His Majesty's
Government may, by a notification published in Nepal Gazette, extend such period
according to need.

8. Central Disaster Relief Fund Provision has been made of a central Disaster Relief Fund
under the Control of the Central Disaster Relief committee. The fund is compo- sed of the
amount provided by His Majesty s G government of Nepal, The amount received from the
Prime Minister Relief fund, national and international fund and others. The amount or
balance will not be frozen.

9. Accounts and Audit The account of the Center Disaster Relief Fund shall be audited by
The Auditor Generals Departmant, and the District Disaster Relief Fund Shall be audited by
local Fund or Account Control Office.

10. His Majestys Government may gives orders

His Majestys Government may, in order to carry out or caused to be Carried out the relief
works in disaster area, give orders to any one Concerned to undertake any or all of the
following works-
o To close down according to necessary the governmental or non Governmental
offices and other institutions in disaster areas.
 o To prohibit the activities in disaster area which may cause adverse Effect on relief
works.
o To depute the employees of governmental or non-governmental office or
institutions.
o To evacuate or cause to be evacuated the people from the disaster area to the area
of safety.
o To require the food grains, clothes, medicine, construction materials and other
items belonging to non governmental offices, institutions and individuals of the
concerned district and distribute it to the victims of natural calamity.
o To constitute aid groups and send them to disaster area.
o To take other necessary security measures for the safeguard of the life and
property of the common people.

11. Control over foreigners entry

His Majestys Government may issue an order requiring the foreign Nationals or agencies to
take the approval of His Majestys Government to enter into any area affected by natural
disaster for any purpose.

12. Constitution of Central Natural Calamity Relief Committee

His Majestys Government, publishing in the Nepal gazette, constitutes the Central Natural
Calamity Relief Committee in order to formulate and implement the policy and program
relating to the natural calamity relief works.

The Central Natural Calamity Relief Committee is composed by the following members:

1. Home Minister Chairman.

2. Housing and Physical Planning Minister Member.

3. Health Minister Member.

4. Secretary, Ministry of Finance Member.

5. Secretary, Ministry of Defense Member.

6. Secretary, Ministry of Home Member.

7. Secretary, Ministry of External Affairs Member.

8. Secretary, Ministry of Water Resources Member.

9. Secretary, Ministry of Communication Member.

10. Secretary, Ministry of Forest and Environment Member.

11. Secretary, Ministry of Labor and Social Welfare Member.

12. Secretary, Ministry of Supplies Member.

Secretary, Ministry of Secretariat of

13. Member.
National Planning Commission

14. Brigadier, Royal Nepal Army Member.

15. Inspector General of Police Member.

16. Representative, Social Service National Coordination Council Member.

17. Representative, Nepal Scout Member.

 18. Director General, Mining and Geological Department Member.

19. Director General, Department of Metrology Member.

20. Two reputed persons nominated by His Majestys Government Member.

21. Additional secretary, Ministry of Home Member-secretary.

13.
The central committee shall invite at its meetings the concerning Member of Parliament
representing the district affected by natural calamity.

The central committee itself may manage the working procedure of the central committee.

14. Other Committees

There are relief and Treatment sub-committee, Supply Shelter and Rehabilitation Sub-
Committee, Regional Disaster Relief Committee, District Disaster Relief Committee and
Local Disaster Relief Committee. Now, only Central Natural Calamity Relief Committee and
District Disaster Relief Committee are active.

15. Function and duties of the Central Committee

0. To recommend to His Majestys Government to declare the areas affected by
natural calamity as disaster area.
1. To formulate the national policy regarding the relief work including the
rehabilitation of the victims of natural calamity and the reconstruction in the area
affected by natural calamity, etc. and for the control and prevention of natural
calamity and the advance preparation thereof and to prepare the programs in
accordance with the said policy and submit it to His Majestys Government.
2. To implement or cause to be implemented the policy and programs formulated
pursuant to the clause (2) after it has been approved by His Majestys Government.
3. To keep the money, foodstuff, clothes, medicines, construction-materials and other
goods received within the Kingdom of Nepal and from outside as aid or donation
under the central natural calamity aid fund and to send such goods as required for
relief work in disaster area.
4. To associate the social organizations in natural calamity relief work and to
coordinate the activities of those organizations.
5. To form groups and send them to disaster area to assist natural calamity relief
work.
6. To give direction to the district disaster relief committee and local committee on
the matters relating to relief work.
7. To give necessary suggestions to the central natural calamity relief committee
regarding the formulation of regional level policy on the natural calamity relief work
and preparation of the progress thereunder.
8. To provide information to the central committee about natural calamity relief work
from time to time.
9. To coordinate or cause to be coordinated between district committee regarding
natural calamity relief work.
10. To work in accordance with the directives of the central committee.

16. Function and duties of District Disaster Committee

0. To coordinate or cause to be coordinated between local committees regarding
natural calamity relief work.
1. o formulate district level plans on natural calamity relief work and submit such
plans to the regional committee.
2. To monitor the natural calamity relief work being conducted by the local
committees and to support the ongoing work.
3. To provide information to the regional committee about natural calamity relief work
from time to time.
 4. To work in accordance with the directives of the central and regional committees.

17. Rent to be given

In case any movable or immovable property or the means of transportation of non-
governmental office, institution or individuals is acquired temporarily or used, the rent for
such movable or immovable property or the means of transportation shall be given at
prevalent rate to the concerned office, institution or individual by the officer, institution or
relief committee specified by HMG/Nepal.

18. Cost to be given

In case the food grains, clothings, medicine, construction materials and other goods are
acquired from non-governmental offices, institutions or individuals, the amount equivalent
to the cost of such goods at prevailing rate shall be given to the concerned office, institution
or individual by the officer, institution or relief committee specified by HMG/Nepal.

19. Assistance to be given

All Governmental and non-governmental offices, organizations and individuals of the
concerned area and in the vicinity should help the central, regional, district and local
committees providing assistance in the relief work.

20. Norms/Standards of Relief Assistance

The central calamity relief committee has formulated some Norms or Standards for
immediate relief assistance to the victims of the natural disaster in cash or kind. The
amount of quantity of such assistance may be revised from time to time. The present
norms are following:
0. An amount of RS Ten Thousand is provided as relief assistance to the family of
dead victim.
1. Those who have been injured in a natural disaster are entitled to get the facilities
of treatment through the district disaster relief committee.
2. If ones house has been destroyed by the natural disaster, then up to RS Four
Thousand is being made available to the victim.
3. The house has not been destroyed, but, if there is a threat of disaster, an amount
up to RS Two Thousand shall be provided to the victims.
4. Besides, a person gets Seven kilos of rice if his or her house is destroyed.
5. RS Five Hundred is provided for the clothing and utensils.
6. Those victims, whose land and crops have been completely destroyed, get an
amount of RS Five Hundred for immediate relief.
7. Victims of natural disaster will get timber at confessionals rate. (One US dollar
equivalent to 68.Rs)

Conclusion
At this juncture, a concrete, effective and practicable disaster management law is utmost
importance. Political commitment and pragmatic policy formulation are of great importance in the
context of Nepal. However, National disaster relief regulation could not yet be formulated, which is
very essential, due to which the relief act could not be fully effective. Duties and responsibilities of
various other disaster management agencies have to be reflected in Natural Calamity (Relief) Act,
as each and everything could not be stipulated in the act. Natural Calamity (Relief) Act 1982 does
not describe the duties and responsibilities of all the disaster management related agencies other
than the Ministry of Home Affairs.