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Terrorist and Destructive Activities (Control and Punishment) Ordinance

Reproduced below are the main features of the Terrorist and Destructive Activities (Control and Punishment) Ordinance promulgated by the King of Nepal on the advice of the Cabinet on November 26, 2001. The government resorted to this measure on November 26, 2001 after the Maoist insurgents, brought to an end, the cease-fire being observed by them and the government since July 23, 2001, with a series of attacks accross the country on November 23.

The Ordinance has described the following acts as terrorism and disruptive activities:

1. Any act or plan of using any kinds of arms, grenades, or explosives, or any other equipment or goods with the objective of affecting or hurting sovereignty or the security and law and order of the Kingdom of Nepal or any part thereof or the property of the Nepalese diplomatic missions abroad thereby causing damage to property at any place or any act causing loss of life or dismemberment or injury or setting fire or hurting physically and mentally or any act of poising goods of daily consumption causing loss of life or injury, or any other aforesaid acts thereby causing panic among the people in motion or assembled; acts of intimidation or terrorizing individuals at any place or in any vehicle or abducting them or creating terror among them by threatening to abduct them from vehicles and places or abduction of people traveling on such vehicles as well as activities like taking the life of others, causing physical mutilation, injury and harm or causing other types of damage by using substances mentioned in the relevant section in that connection or by threatening to use such substances or any other substances other than those mentioned in that section or threatening to use them, or,

Acts like the production, distribution, accumulation, peddling, import and export, marketing or possession or installation of any kind of arms and ammunition or bombs or explosive substances or poisonous substances or any assistance in this connection, and;

Acts of gathering people or giving training for this purpose;

Any other acts aimed at creating and spreading fear and terror in public life;

Act such as extortion of cash or kind or looting of property for this purpose, forcibly raising cash or kind or looting property in pursuit of the said purpose.

Any attempt or conspiracy to engage in terrorist or disruptive activity, or to encourage of force anyone to take up such activity, gathering more than one individual for such purpose, constituting any group to the same end, or assigning anyone to such activity or participating in such activity with or without pay or engaging in publicity for such activity, causing obstruction to government communications systems, or giving refuse to any individual engaged in terrorist or disruptive activity, or hiding any person doing any of this things.

Other main features are:

2. Anyone indulging in crime in Nepal while residing abroad will also be subject to punishment

3. The government can declare a terrorist affected area or terrorist individuals.

4. House arrest can be used to prevent any terrorist and disruptive act.

5. Cases will be heard in a court constituted or designed by His Majesty’s Government.

6. Arrangements will be made for reasonable expenses for treatment and compensation in case of the maiming or death of security personnel or police assigned to control or investigate terrorist and disruptive activities.

7. Cases instituted under this ordinance will not be subject to any statute of limitations.

8. Individuals arresting or helping in the arrest of any terrorist will be suitably awarded.

9. Despite the State of Emergency, expression of views, running of presses and publications, migration and operation of communications systems can take place as usual without however, infringing the Terrorist and Disruptive Crimes Control and Punishment Act and the Constitution of the Kingdom of Nepal.





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