The Terrorism and Disruptive Activities Control and Punishment Ordinance issued Monday by His Majesty the King has defined terrorism in the context of Nepal. It 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.

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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Below are the relevant articles and clauses for declaring an emergency:

Constitutional provision for Emergency

(Part 18 and Clause 115 of the Constitution of the Kingdom of Nepal, 1990)

Emergency Power:

1. If a grave emergency arises in regard to the sovereignty or integrity of the Kingdom of Nepal or the security of any part thereof, whether by war, external aggression, armed rebellion, or extreme economic disarray, His Majesty may, by Proclamation, declare or order a State of Emergency in respect of the whole of the Kingdom or of any specified part thereof.
2. Every Proclamation or order issued under clause (1) above shall be laid before a meeting of the House of Representatives for approval within three months from the date of issuance.
3. If a Proclamation or order laid for approval pursuant to clause (2) is approved by a two-thirds majority of the House of Representatives present at the meeting, such Proclamation or Order shall continue in force for a period of six months from the date of issuance.
4. If a Proclamation or Order laid before a meeting of the House of Representatives pursuant to clause (2) is not approved pursuant to Clause (3), such Proclamation or Order shall be deemed ipso facto to cease to operate.
5. Before the expiration of the period referred to in Clause (3), if a meeting of the House of Representatives, by a majority of two-thirds of the members present, passes a resolution to the effect that circumstances referred to in Clause (1) of the Proclamation or Order of the State of Emergency for one other period, not exceeding six months as specified in such resolution, and the Speaker shall inform His Majesty of such extension.
6. During a dissolution of the House of Representatives, the National Assembly shall exercise the powers of the House of Representatives for the purpose of Clauses (2), (3), (4) and (5) above.
7. After the State of Emergency has been declared pursuant to Clause (1), His Majesty may issue such orders as are necessary to meet the exigencies. Orders so issued shall be operative with the same force and effect as law so long as the State of Emergency is sin operation.
8. His Majesty may, at the time of making a proclamation or Order of a State of Emergency pursuant to Clause (1), suspend sub-clauses (a), (b), (d) and (e) of Clause (2) of Article 12, Clause (1) of Article 13 and Article 15, 16, 17, 22 and 23 of this Constitution for as long as the Proclamation is in operation.

Provided that the right to the remedy of habeas corpus under Article 23 shall not be suspended.

9. In circumstances where His Majesty has suspended any Article of this Constitution pursuant to Clause (8), no petition may lie, nor question be raised in any court for the enforcement of the fundamental rights conferred by such Article.
10. If, during the continuance of a Proclamation or Order under Clause (1), any damage is inflicted upon any person by an act of any official which was done in contravention of law or in bad faith, the affected person may, within three months from the date of termination of the Proclamation or order, file a petition for compensation for the said damage and if the court finds the claim valid, it shall cause compensation to be delivered.
11. A Proclamation or Order of a State of Emergency issued pursuant to Clause (1) may be revoked by His Majesty at any time during its continuance.

(Editor’s Note: The Articles mentioned in Clause 8 of Article 115 —Emergency Power—are as follows:

Sub Clauses a, b, d, e of Article 12 refer to: Freedom of Opinion and expression, Freedom to assemble peacefully and without arms, Freedom to move throughout the Kingdom and reside in any part thereof, Freedom to practise any profession, or to carry on any occupation, industry or trade;

Clause (1) of Article 13 refers to: Press and Publication Right;

Article 15 refers to Right against Preventive Detention; Article 16 refers to Right to Information; Article 17 refers to Right to Property; Article 22 refers to Right to Privacy; and Article 23 refers to Right to Constitutional Remedy)