Kathmandu. The amendments to the Disaster Risk Reduction and Management Act, 2074 and the National Identity Card and Registration Act, 2076 have been published in the Gazette through the Ordinance of the Council of Ministers of the Government of Nepal. It is believed that the amendment will provide relief to the families of those missing in the floods.
The process of legally declaring the missing citizens and registering the death has been simplified. The ordinance has laid down the procedure for declaring the dead by specifying the clear role of various agencies . Under this, the decision of the local level where the deceased is permanently resident, the decision of the disaster management committee, and the 7-day public notice publication by the disaster authority will have to be completed. If no one makes a claim or protest within 7 days of the publication of the notice, the Executive Committee will make a recommendation to the Government of Nepal to remove the name of the claimant from the list and declare the death of only the remaining missing persons. And, finally, the Council of Ministers has declared the deceased in five stages.
Now, TAG_OPEN_span_27 after declaring the deceased dead, the Council of Ministers will have to obtain a copy of the certificate (proof) and citizenship of the indicator and apply for the death registration at the office of the Registrar of the local level where the deceased is permanently or temporarily residency. and the local level will issue the death registration certificate.
According to the Civil Code 2074, a person can be declared dead only after 12 years of disappearance. The ordinance has also opened another legal avenue for declaring a dead person.TAG_OPEN_span_25
With the implementation of the amended ordinance, the heirs of the disappeared citizens of the Rasuwa Bhotekoshi disaster will now get a great help to get the death registration certificate and feel relief by getting the insurance claim payment. On the basis of the death registration certificate received from the local government, they can immediately apply for the death claim from the insurance companies.TAG_OPEN_span_24
