Disaster Management System in Nepal

Legal System of Disaster Management in Nepal

Laws and Regulations

In the context of Nepal, before the advent of Natural Disaster Relief Act (NDRA), 1982 there was no well structured disaster policy. Prior to 1982 relief and rescue work was carried out either on the basis of power base or as the social work. Thus, realizing the need the Natural Disaster relief Act, 1982 was formulated which has already been amended twice in 1989 and 1992. The act is the milestone of disaster management in Nepal.

However, National Disaster Relief Regulations (NDRR) could not yet be formulated which is very essential, due to which the Act could not be fully effective. Duties and responsibilities of various other disaster management agencies has to be reflected in NDRR as each and everything could not be stipulated in the Act. NDRA, 1982 does not describe the duties and responsibilities of all disaster management related agencies other than the Ministry of Home Affairs. Lack of the disaster management regulation there are so many problems raised like lack of job description, lack of coordination and cooperation and lack of responsibilities.

Furthermore, the provision of a Relief and Treatment Sub-Committees, Supply, Shelter and Rehabilitation Sub-Committee, supply, shelter,and Rehabilitation Sub-committee, Regional Natural Disaster Relief Committees and Local Natural Disaster Relief Committees have been made in the NDRA ,1982, but they could not be made active enough. They are like a doormat agencies. Therefore, all the four committees should be made active.

At present, only CNDRC and DNDRC are very active. Besides, as the NDRA, 1982 does not describe the functions and duties of all district management related agencies are seen. Consequently, sometimes, disaster victims do not get immediate, efficient and effective rescue and relief services. delayed relief works often brings very serious and unpleasant results. And, sometimes, duplication of relief works have also been experienced, mainly due to the absence of dialogue and mutual understanding among disaster management related agencies.

In addition, some of the district management related agencies try to shift their responsibilities to the other as there is no clear cut job description in the Act. Thus, immediate formulation of NDRR is very necessary where clear cut job description of all the disaster management related agencies should be made.

AN ACT TO PROVIDE FOR THE RELIEF WORK RELATING TO THE NATURAL CALAMITY

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

Now therefore His Majesty King Birenda Bir Bikram Shah Dewa has enacted this Act on the advice and with the consent of the National Panchayat.

1. Short title and commencement:

1.      This Act shall be called the Natural Calamity (Relief) Act 2039 B.S (1982 A.D)

2.      This Act shall come into force immediately.

2. Definition: Unless the subject or context otherwise requires in this Act.

a.      Natural Calamity means earthquake, fire, storm, flood, landslide, heavy rain, drought, famine, epidemic, and other similar natural disaster it includes the industrial accident or accident caused by the explosions or poisoning and any other kinds of disaster.

b.      Disaster area means the area declared as Disaster area pursuant to Section 3.

c.      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.

d.      Central Committee means the Central Natural Calamity Relief Committee constituted pursuant to Section 5.

d1)Regional Committee means the Regional Natural Calamity relief Committee constituted pursuant to Section 7.

e.      ...

f.        District Committee means the District Natural Calamity Relief Committee constituted pursuant to Section 7.

g.      Local Committee means Local Natural Calamity Relief Committee constituted pursuant to Section 7.

3. Declaration of Disaster Area: -

1.      His Majestys 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 a period specified in the same notice.

2.      In case the situation arising out of the Natural Calamity could not be brought under control within the period specified under subsection (1), His Majestys Government may, by a notification published in the Nepal Gazette, extend such period according to need.

4. His Majestys Government may give orders:

His Majestys Government may, in order to carry out cause 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: -

a.      To close down, according to necessity the governmental or nongovernmental offices educational institutions and other institutions in Disaster Area,

b.      To prohibit the activities in Disaster Area which may cause adverse effect on Relief Work,

c.      To depute the employees of governmental or nongovernmental offices or of institutions,

d.      To evacuate or cause to be evacuate the people from Disaster Area to the areas of safety,

e.      To, requisition the movable and immovable property of any individual or institutions on temporary basis for a prescribed period, if such property is required to be used for the purpose of Relief Work,

f.        To evacuate or cause to be evacuate the goods and commodities from Disaster Area to the areas of safety,

g.      To make use of the means and resources of the government,

h.      To requisition and make use of the means of transportation owned by nongovernmental offices, association and individuals of the concerned district for some fixed period time,

i.        To requisition the food grains, clothes, medicine, construction material and other items belonging to nongovernmental offices, institutions and individuals of the concerned district and distribute it to the victims of Natural Calamity,

j.         To try to save the realestates, factories, temples and shrines and religious places and other significant objects and places from destruction,

k.      To constitute aid groups and send them to Disaster Area,

l.         To take other necessary security measures for the safeguard of the life and property of the common people,

m.    To do other works as specified by His Majestys Government.

4a.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 Calamity for any purpose.

5. Constitution of Central Calamity Relief Committee:

1.      His Majestys Government may, by a notification published in the Nepal Gazette, constitute the Central Natural Calamity Relief Committee in order to formulate and implement the policy and programme relating to the Natural Calamity Relief Work and to undertake or cause to be undertaken other necessary works related thereof. The working procedures of the Central Calamity Relief Committee and the term of the office of the members shall be as specified in the said notice.

2.      The Central Natural Calamity Relief Committee to be constituted pursuant to sub-section (1) shall be composed of the following members:-

a.      Home minister ... Chairman

b.      Housing and Physical Planning Minister ... Member

c.      Health Minister ... Member

d.      Secretary, Ministry of Finance ... Member

e.      Secretary, Ministry of Defence ... Member

f.        Secretary, Ministry of Home Affairs ... Member

g.      Secretary, Ministry of External Affairs ... Member

h.      Secretary, Ministry of water Resources ... Member

i.        Secretary, Ministry of Communication ... Member

j.         Secretary, Ministry of Forest and Environment ... Member

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

l.         Secretary, Ministry of supplies ... Member

m.    Secretary, Secretariat of national Planning Commission ... Member

n.      Brigadier, Royal Nepal Army ... Member

o.      Inspector General of Police, Police Headquarters ... Member

p.      Representative, Social Service National Coordinational Council ... Member

q.      Representative, Nepal Red Cross Society ... Member

r.        Representative, Nepal Scout ... Member

s.      Director General, Mining and Geological Department ... Member

t.        Director General, Department of Meteorology ... Member

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

v.       Additional Secretary ( who looks after Natural Calamity related activities), Home Ministry ... Member

3.      The central Committee shall invite at its meetings the concerning Member of Parliament representing the district affected by Natural Calamity.

4.      The working procedures of the Central Committee may be managed by the Central Committee itself.

5a. Constitution of Sub-Committee:

The Central Committee may constitute Relief and Treatment Sub-Committee and Supplies, Shelter and Rehabilitation Sub-Committee to give necessary advice and suggestions to the Central Committee, to help execute policies and directives of the Central Committee and to effectively operate the relief and rehabilitation work during Natural Calamity.

5b. Relief and Treatment Sub-Committee:

1.      The Relief and Treatment Sub-Committee shall be composed of the following members: -

a.      Health Minister ... Coordinator

b.      Secretary, Ministry of Communication ... Member

c.      Secretary, Ministry of Public Works and Transport ... Member

d.      Brigadier, Royal Nepal Army ... Member

e.      Inspector General of Police, Police Headquarters ... Member

f.        Representative, Nepal Red Cross Society ... Member

g.      Representative, Nepal Scout ... Member

2.      The Secretary of the Relief and Treatment Sub-Committee shall be as designated by the Coordinator.

3.      The working procedures of the Relief and Treatment Sub-Committee may be managed by the Relief and Treatment Sub-Committee itself.

4.      The functions and duties of the Relief and Treatment sub-Committee shall be as specified by the Central Committee.

5c. Supplies, Shelter and Rehabilitation Sub-Committee:

1.      The Supplies, Shelter and Rehabilitation Sub-Committee shall be composed of the following members:

a.      Housing and Physical Planning Minister ... Coordinator

b.      Secretary, Ministry of Finance ... Member

c.      Secretary, Ministry of Home Affairs ... Member

d.      Secretary, Ministry of Supplies ... Member

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

f.        Secretary, Ministry of Water Resources ...Member

g.      Secretary, Ministry of Public Works and Transport ...Member

h.      Representative, Social Service National Coordination Council ...Member

2.      The Secretary of Supplies, Shelter and Rehabilitation Sub-Committee shall be as designated by the coordinator.

3.      The working procedures of the Supplies, Shelter and Rehabilitation Sub-Committee may be managed by the Supplies, Shelter and Rehabilitation Sub-Committee itself.

4.      The functions and duties of the Supplies, Shelter and Rehabilitation Sub-Committee shall be specified by the Central Committee.

6. Functions and duties of the Central Committee:

The functions and duties of the Central Committee shall be as follows:

a.      To recommend to His Majestys Government to declare the areas affected by Natural Calamity as Disaster Area,

b.      To formulate the national policy regarding the Relief Work including the rehabilitation of the victims of the Natural Calamity and the reconstruction in the areas affected by Natural Calamity etc and for the control and prevention of Natural Calamity and the advance preparation thereof and to prepare the programmes in accordance with the said policy and submit it to His Majestys Government,

c.      To implement or cause to be implemented the policy and programme formulated pursuant to the clause (b) after it has been approved by His Majestys Government,

d.      To keep the money, food stuff, clothes, medicines, construction material 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,

e.      To associate the social organizations in Natural Calamity Relief Works to coordinate the activities of hose organizations,

f.        To form groups and send them to Disaster Area to assist in the natural Calamity Relief Work,

g.      To give directions to the District Committee and Local Committee on the matters relating to Relief Work,

h.      To perform the works specified by His Majestys Government for the execution of Natural Calamity Relief Work,

i.        To submit report on work progress to His Majestys Government from time to time.

7. Constitution of other Natural Calamity Relief Committees:

His Majestys Government may, by publishing a notification in the Nepal Gazette, constitute according to need the regional Natural Calamity Relief Committee. District Natural Calamity Relief Committee and Local Natural Calamity Relief Committee in order to undertake or cause to be undertaken the Natural Calamity Relief work. The working procedures of such committees and the term of office of the member shall be as specified in the said notice.

7a. The Functions and Duties of the Regional Committee:

The functions and duties of the Regional Committee shall be as follows:

a.      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,

b.      To coordinate or cause to be coordinated between District Committees regarding Natural Calamity Relief Work.

c.      To provide information to the Central Committee about Natural Calamity Work from time to time,

d.      To work in accordance with the directives of the Central Committee.

8...

9. Functions and Duties of the District Committee:

1.      The functions and duties of the District Committee shall be as follows:

a.      To coordinate or cause to be coordinated between Local Committees regarding Calamity Relief Work,

b.      To formulate district level plans on Natural Calamity Relief Work and submit such plans to the Regional Committee,

c.      To monitor the Natural Calamity Relief Work being conducted by the local Committees an to support the ongoing Work,

d.      To provide information to the Regional Committee about Natural Calamity Relief Work from time to time,

e.      To work accordance with the directives of the Central and Regional Committees.

2.      The activities to be undertaken pursuant to sub-section (1) shall be in accordance with the decision of the District Committee.

9a. Functions and duties of the Local Committee:

The functions and duties of the Local Committee shall be as follows:

a.      To prepare detailed description of the loss caused by Natural Calamity and to submit the District Committee the estimation of means and resources required for the relief and rehabilitation of the victims of Natural Calamity,

b.      To organize volunteers teams according to need and conduct or cause to be conducted the Relief Work,

c.      To make necessary arrangements to take the injured in the Natural Calamity to the nearest hospitals and health posts as soon as possible,

d.      To make arrangements for the evacuation of the victims of Natural Calamity to a safe place,

e.      To systematically distribute the cash and kind received in assistance from District Committees and local resources to the families of the victims of Natural Calamity,

f.        To conduct an awareness programme as a precaution for the prevention and control of the possible events of the Natural Calamity,

g.      To hand over the goods and cash balance and the accounts thereof the District Committee upon completion of Natural Calamity Relief Work.

10. Rent to be given:

In case any movable or immovable property or the means of transportation of non-governmental offices, institutions or individuals is acquired temporarily or used under clause (e) or (h) of Section 4, 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 other officer, institution or Relief Committee specified by His Majestys Government.

Provided that in case the cultivated land is also acquired while acquiring the immovable property the necessary compensation shall be given for the crops or to be lost.

11. Cost to be given:

In case the foodgrains, clothing, medicine, construction materials and other goods are acquired from nongovernmental offices, institutions or individuals under clause (1) or Section 4, 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 His Majestys Government.

12. Assistance to be given:

All the Governmental, Nongovernmental 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.

13. Fund:

1.      Natural Calamity Aid Fund may be set up by the following names:

a.      Natural Calamity Central Aid Fund,

b.      Natural Calamity regional Aid Fund

c.      ...

d.      Natural calamity District Aid Fund

e.      Natural Calamity Local Aid Fund

2.      The Natural Calamity Central Aid Fund shall be composed of the following amount:

a.      The amount provided by His Majestys Government,

b.      The amount received from national and international organizations,

c.      The amount received from other sources,

3.      The Natural Calamity Regional Aid Fund , Natural Calamity District Aid Fund and Natural Calamity Local Aid Fund shall be composed of the following amount:

(a) The amount provided by His Majestys Government,

(b) The amount received from Natural Calamity Central Aid Fund

(c) The amount received from other sources

4.      All the amount of the fund shall be deposited in any bank in the name of Natural Calamity Aid Fund,

5.      All the expenses to be incurred for Natural Calamity Relief Work shall be borne by this fund,

6.      The account of the fund shall be operated with the signature of at least two persons in accordance with the decision of the concerned committee,

7.      The account of income and expenses of foodgrains, clothes, medicines, construction materials etc received for the Natural Calamity Aid Fund shall be maintained separately.

8.      The record of house, means of transportation, land etc made available by anybody for some period of time shall also be maintained.

14. Accounts and Audit:

1.      The account of the materials or goods and cash amount obtained and expended by the Central Committee, Regional Committee, District Committee and Local Committee shall be maintained in accordance with the prevalent Law and the statement of such income and expenditure shall be published upon the completion of audit for the information of the general public,

2.      The account of the Central Committee, Regional Committee, District Committee and Local Committee shall be audited by the Auditor Generals Department or any registered auditor designated by the said department,

3.      His Majestys Government may examine or cause to be examined the accounts, related documents and other cash and kinds of the fund.

Nepalese Law and specified Norms

in Disaster Management

In the context of Nepal, before the advent of Natural Calamity (Relief) Act 1982 A.D. there was no well-structured disaster policy. Prior to 1982 A.D. relief and rescue work was carried out either on the basis of power base or as the ad hoc basis mainly as social work. Thus realizing the need one act, 1982 A.D. was formulated which has already been amended twice in 1989A.D.and 1992 A.D.

However, National disaster relief regulation could not yet be formulated which is very essential, due, to which the 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. Furthermore, the provision of the relief and treatment committee, supply, shelter and rehabilitation sub-committee, Regional natural disaster relief committee and local disaster relief committees have been made but they could not be active enough. They are like a doormat agencies. Therefor all the four committees should be made active. At present only central natural disaster relief committee and district disaster relief committee are very active.

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-

-     To close down according to necessary the governmental or non Governmental offices and other institutions in disaster areas.

-     To prohibit the activities in disaster area which may cause adverse Effect on relief works.

-     To depute the employees of governmental or non-governmental office or institutions.

-     To evacuate or cause to be evacuated the people from the disaster area to the area of safety.

-     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.

-     To constitute aid groups and send them to disaster area.

-     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.

      13.Secretary, Ministry of Secretariat of

           National Planning Commission    Member.

      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.

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.

13.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.

14. Function and duties of the Central Committee



1. To recommend to His Majestys Government to declare the areas    affected by natural calamity as disaster area.

2. 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.

3. 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.

4. 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.

5. To associate the social organizations in natural calamity relief work and to coordinate the activities of those organizations.

6. To form groups and send them to disaster area to assist natural calamity relief work.

7. To give direction to the district disaster relief committee and local committee on the matters relating to relief work.

8. 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.

9. To provide information to the central committee about natural     calamity relief work from time to time.

10.To coordinate or cause to be coordinated between district committee regarding natural calamity relief work.

11.To work in accordance with the directives of the central committee.

15. Function and duties of District Disaster Committee

1.  To coordinate or cause to be coordinated between local committees

regarding natural calamity relief work.

2. To formulate district level plans on natural calamity relief work and submit such plans to the regional committee.

3.  To monitor the natural calamity relief work being conducted by the local committees and to support the ongoing work.

4. To provide information to the regional committee about natural calamity relief work from time to time.

5.  To work in accordance with the directives of the central and regional committees.

16. 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.

17.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.

18. 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.

19. 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:

1.    An amount of RS Ten Thousand is provided as relief assistance to the family of dead victim.

2.   Those who have been injured in a natural disaster are entitled to get the facilities of treatment through the district disaster relief committee.

3.  If ones house has been destroyed by the natural disaster, then up to RS Four Thousand is being made available to the victim.

4.   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.

5.  Besides, a person gets Seven kilos of rice if his or her house is    destroyed.

6.  RS Five Hundred is provided for the clothing and utensils.

7.  Those victims, whose land and crops have been completely destroyed, get an amount of RS Five Hundred for immediate relief.

8.   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.

Structural System

Organization

Natural Disaster Relief Act (NDRA), 1982 has constituted the following organizational structure through which rescue, relief, rehabilitation and resettlement programs are being carried out effectively and efficiently :

According to the NDRA 1982 Central Natural Disaster Relief Committee (CNDRC) has been constituted under the chairmanship of the Home Minister in order to formulate and implement the policies and programs relating to the natural disaster relief work and to undertake other necessary measures related thereof. Moreover, the Central Committee prepares specific norms of relief assistance to be given to the disaster victims of the effected area in cash and/or in kind Please see appendix 4 for the composition of CNDRC.

The working procedures of the central Committee may be managed by the Central Committee itself.

The Central Committee may constitute Relief and Treatment Sub-Committee (RTSC) and Supply , Shelter and Re-Habilitation Sub-Committee (SSRSC) which provide necessary advice and suggestions to the Central Committee and operate effectively the rescue, relief and rehabilitation work during a very serious natural disaster .

Functions and Duties of the Central Natural Disaster Relief Committee

(a) To recommend to his Majesty's Government to declare the areas affected by natural disaster area,

(b) To formulate the national policy regarding the relief work including the rehabilitation of the victims of the natural disaster and the reconstruction in the areas affected by natural disaster etc. and for the control and prevention of natural disaster and the advance preparation thereof and to prepare the programs in accordance with the said and submit it to His Majesty's Government,

(c) To implement or cause to be implemented the policy and program formulated pursuant to the clause (b) after it has been approved by His Majesty's Government,

(d) To keep the money, food stuff, clothes, medicines, construction materials and other goods received within The Kingdom of Nepal and from out side as aid or donation under the Central Natural Disaster Aid Fund and to send such goods as required for relief work in disaster area,

(e) To associate the social organizations in natural disaster relief work and to coordinate the activities of those organizations,

(f) To form groups and send them to disaster area to assist in the natural disaster relief work ,

(g) To give direction to the district committee and the Local Committee on the matters relating to relief work,

(h) To perform the works specified by His Majesty's Government for the execution of natural disaster relief work,

(i) To submit progress report of work to His Majesty's Government from time to time,

The working procedures of the Relief and Treatment Sub-Committee and the Supply, Shelter and Rehabilitation Sub-Committees shall be as specified by the Central Natural Disaster Relief Committee.

Formulation of Other Natural Disaster Relief Committees

By publishing a notification in the Nepal GazetteHis Majesty's Government constituted the District Natural Disaster Relief Committee and the Government may also constitute the Regional Natural Disaster Relief Committee and Local Natural Disaster Relief Committee in order to undertake the natural disaster relief work. The working procedure of such committees and the term of office of the members shall be as specified in the said notice. Albeit , there is the provision of the Regional Natural Disaster Relief Committee and Local Natural Disaster Relief Committee nothing has been mentioned regarding the composition of these two committees in fact ,these committees are like doormat agencies. However, it is necessary to activise the two committees.

Function and duties of the Regional Natural Disaster Relief Committee

- To give necessary suggestions to the Central Natural Disaster Relief Committee regarding the formulation of regional level policy on natural disaster relief work and preparation of the progress thereunder,

- To coordinate or cause to be coordinated between District Committees regarding natural disaster relief work,

- To provide information to the Central Committee about natural disaster work from time to time,

- To work in accordance with the directives of the Central Committee.

Functions and Duties of the District Natural Disaster Relief Committee

- To coordinate or cause to be coordinated between local Committees regarding natural disaster relief work,

- To formulated district level plans on natural disaster relief work and submit such plans to the Regional Committee,

- To monitor the natural disaster relief work being conducted by the Local Committee and to support the on going work,

- To provide information to the Regional Committee about natural disaster relief work from time to time,

- To work in accordance with the directives of the Central and Regional Committees.

Functions and Duties of the Local Natural Disaster Relief Committee

- To prepare detailed description of the loss caused by natural disaster and to submit to the District Committee the estimation of means and resources required to the relief and rehabilitation of the victims of natural disaster,

- To organize volunteer's teams according to need and conduct or cause to be conducted the relief work,

- To make necessary arrangements to take the injured in the natural disaster to the nearest hospitals and health posts as soon as possible,

- To make arrangements for the evacuation of the victims of Natural Disaster to a safe place,

- To systemically distribute the cash and kind received in the assistance from District Committee and local resources to the families of the victims of natural disaster

- To conduct an awareness program as a precaution for the prevention and control of the possible events of the natural disaster ,

- To hand over the goods and cash balance and the accounts thereof the District Committee upon completion of natural disaster relief work.

Role of The Ministry of Home in Disaster Management

In the context of the above mentioned provisions the Ministry of Home Affairs has to work as the apex body in relation to disaster management and it is a central focal point of disaster management in Nepal. Formulation of national policies and their implementation , preparedness and mitigation of disaster , immediate rescue and relief works, data collection and dissemination , collection and distribution of funds and resources are the vital functions of the Ministry . It has its network throughout the country to cope with the natural disasters. Thus , the Ministry of Home Affairs is the key agency for immediate response during disasters in the country.

Despite very limited funds and resources the Ministry of Home Affairs is managing the natural disaster in all respects . Of course ,there are a number of problems in disaster management and enough room for the improvement.

PLANNING SYSTEM

Disaster Management Planning

Ninth Plan (1998 to 2002) underlines the need to strengthen the disaster management capability by adopting various possible means . The plan envisages that an attempt should be made for prevention , mitigation and reduction of natural disaster through more advanced geological, hydrological and meteorological technology . Hazard mapping , vulnerability assessment , risk analysis and early warning system has to be developed for which well trained and efficient manpower should be made available . The plan also stresses the need to strengthen the capability of fire brigade. The Plan suggests that the policies and the regulations concerning disaster management should be amended according to the need . The plan emphasizes the importance and the need for national and/or international assistance.

Responding the call of United Nations Nepal has constituted a high level National Committee for the International Decade for Natural Disaster Reduction (IDNDR) which is Chaired by the Home Minister and represented by other high level dignitaries from Governmental and Non-Governmental agencies . Please see appendix 8 for the constitution of the IDNDR National Committee .This committee formulates policies for natural disaster reduction. The National Action Plan (NAP) of HMG/N has been prepared under the direction of the IDNDR National Committee . The NAP includes activities on disaster actors with specified time frame according to which they should implement their disaster reduction jobs by formulating special course of action and should mobilize the available resources in the given period. In this way the objectives of NAP are under implementation.

The disaster preparedness plan includes the following activities :

Measures related to national policy and planning for making institutional arrangement, providing legal framework , adopting national policy and plan on disaster management.

Measures related to geological, hydrological and meteorological hazard assessment and environmental engineering studies.

Infrastructure specific and hazard specific preparedness measures.

Measures related to strengthening fire fighting capabilities in fire prone areas.

Measures related to awareness raising , training , rehearsal , simulation activities.

Measures related to establishment of disaster management information system and stock piling of emergency supply materials.

Risk assessment for development planning.

policies on the role of NGO's , local community , private sector and also people's participation especially woman and socially disadvantaged groups.

Incorporation of environment impact assessment for disaster reduction development planning.

Promotion of regional and sub-regional cooperation between countries expecting same types of hazards.

Establishment of documentation centre on disaster activities.

Besides the above Nepal has prepared a National Comprehensive Plan on Disaster Management in cooperation with UNDP/UNDRO/UNDTCD. This plan emphasizes on improvement of national capacity for disaster management and institutional structures. This plan also focuses on hazard mapping , risk assessment , vulnerability analysis and so on . As the objectives of this plan are very wide , keeping in view the resource constraints it might take a long time to attain all the objectives. The UNDP and concerned Government agencies have prepared in food, health and logistic sectors.

Involvement of public media are contributing to raise public awareness in cooperation with various Governmental ,Non-governmental and Social Organizations . As the theme of IDNDR day 1998 was "Natural disaster Prevention and Media" with slogan "Prevention Begins With Information" different programs were organized by he various Government agencies as well as Non-Government Organizations. Each year various public awareness raising programs are being launched in radio and television .Besides ,posters, pamphlets and notification in the media during the hazardous season are being given to raise public awareness significantly.

Different Governmental and Non-Governmental Organizations like JICA, DPTC, UNDP, USAID, ADPC, NASC and various other agencies are being involved in conducting various type of workshops, seminars and training programs on disaster management. Such types of activities have been contributing significantly to raise public awareness and manpower development.

The Department of Mines and Geology (DOMG) is preparing a landslide inventory. Water Induced Disaster Prevention Technical Centre (DPTC) is carrying out thematic studies on landslide and monitoring of two -three landslides. The Department of Soil Conservation (DOSC) is doing some protection works in different districts. The Department of Road (DOR) is carrying out some bio-engineering works in cooperation with Tribhuvan University (TU), in order to stabilize the slope and road cut sides. The Department of Hydrology and Meteorology and International Centre for Integrated Mountain Development (ICIMOD) are preparing the map of flood prone areas. The ICIMOD conducts research and training activities on natural hazards as well. The Department of Hydrology and meteorology (DOHM) is involved in generating data on earthquakes and weather forecasts in the country. The Tribhuvan University has established a Mountain Risk Engineering Unit for training purpose.

On 4 June 1998 a task force was formed under the coordination of the Special Secretary of the Ministry of Home Affairs Mr. Sri K.Regmi to examine the problems of disaster management in Nepal and to suggest the measures to solve them. The task force identified a number of problems after thorough examination and review of the present acts, rules ,regulations , budget and functions and duties of various agencies related to disaster management . The task force has also suggested a number of solutions for each of the identified problems. The final report of the task force was submitted on 30 August , 1998 to the Home Minister. Some of the suggestions of the task force have already been implemented and the rest are under the process of implementation.