CEMETERIES AND BURIAL GROUNDS ORDINANCE

Arrangement of Sections

CHAPTER I

Preliminary

1. Short title.

2. Existing Proclamations, regulations notices by-laws to be in force until repealed.

3. Interpretation.

4. Proclamations, to be published in Gazette.

CHAPTER II

General Cemeteries

5. Minister may establish Cemetery.

6. Lands to be provided for the purpose.

7. Sale of closed burial grounds prohibited.

8. Cemetery to be at a distance from houses.

9. Chapels may be built.

10. Cemetery to be enclosed.

11. Appropriation of the Cemetery.

12. Cemetery to be used for burials or cremations only.

13. Clerk in holy orders may perform services.

14. Corpse not to be removed without authority.

15. Burials to be registered.

16. Proper authority to appoint a Keeper, Grave-Diggers.

17. Regulations for ensuring decency, solemnity and deep graves.

18. No burials under or close to chapels and buildings.

19. Portions of Cemetery may be set apart for exclusive burial.

20. Form of grant of right of exclusive burial.

21. Register of grants to be kept.

22. The proper authority to regulations as to fees.

23. Plan and book of reference to be open to inspection.

24. Form of assignment of an exclusive right of burial. Assignment to be registered.

25. Exclusive right of burial not to be disturbed without consent.

26. Removal of monuments improperly erected.

27. When proper authority refuses to exercise powers conferred by sections 9, 11 and 19, Minister may exercise them.

28. Penalty for damaging the Cemetery.

29. Penalty on persons playing at any game or discharging firearms or committing any nuisance in the Cemetery.

30. Breach of regulations.

CHAPTER III

Burial Grounds

31. Definition of "Place of public worship”.

32. Burials in places of public worship forbidden.

33. New burial grounds to be approved by the Minister.

34. When burials and cremations in burial ground shall be discontinued.

35. Burial or cremation not to take place after order of discontinuation.

36. Burial grounds to be enclosed and kept clear of jungle.

37. Corpse not to be removed from burial ground without authority.

38. By-laws.

39. By-laws to be confirmed by Minister.

CHAPTER IV

Penal Provisions and Powers of Courts

40. Burials and cremations in unregistered burial ground or in a place other than a general Cemetery prohibited.

41. Breach of by-laws made an offence.

42. Magistrates' courts empowered to deal with offences.

43. Limitation of Prosecution.

44. Informer's share of penalty.

45. Disposal of fines.

SCHEDULE

9 of 1899,

9 of 1921,

3 of 1923,

14 of 1929,

7 of 1931,

14 of 1937,

61 of 1939,

3 of 1946,

57 of 1946,

29 of 1947,

12 of 2005.

AN ORDINANCE to consolidate the law relating to Cemeteries and Burial grounds.

[Date of Commencement: 1st January, 1900]

CHAPTER I

Preliminary

1. Short title.

This Ordinance may be cited as the Cemeteries and Burials Ordinance.1

2. Existing proclamations, regulations notices by-laws to be in force until repealed.

Every Proclamation, regulation, notice, by-law, and public order, made or purporting to be made under any enactment repealed by Ordinance No. 9 of 1899 and of force at the time of this Ordinance coming into operation, shall continue and be as if this Ordinance had not been passed, but so that the same shall be as valid and may be revoked, altered, or otherwise dealt with under this Ordinance as if it had been made under this Ordinance, and any contravention or breach thereof of which, after the coming into operation of this Ordinance, any person is guilty, may be punished in like manner as if it were a contravention, or breach of a regulation, by-law, or public order made under this Ordinance.

3. Interpretation.

In this Ordinance, unless the context otherwise requires—

"administrative region” means an administrative region defined by Order made under section 2 of the Local Government (Administrative Regions) Ordinance;

"burial ground” means any land or ground (other than a general Cemetery) used for the burial or cremation of the dead at the time of the coming into operation of this Ordinance, or subsequently approved by the Minister in manner provided in Chapter III for the purposes of burying or cremating the dead;

"Cemetery” means any general Cemetery established under the provisions of Ordinance No. 12 of 1862 or of this Ordinance;

"proper authority” means in the case of an area situated within a Municipality, or an Urban Council established under the Urban Councils Ordinance, or a Town Council, such Municipality, Urban Council, or Town Council, and in the case of every other town, village, or place, the Assistant Commissioner of Local Government for the administrative region within which such town, village, or place is situated.

4. Proclamations to be published in Gazette.

All Proclamations, regulations, notices, by-laws, and public orders made and issued under this Ordinance shall be published in the Gazette.

CHAPTER II

General Cemeteries

5. Minister may establish Cemetery.

(1) The Minister may, when to him it shall seem advisable, by Order, establish a general Cemetery for the burial or cremation of the dead within such limits as shall be specified and defined in such Order; and may by like Order add to or reduce or otherwise alter the area of any Cemetery heretofore or to be hereafter established and prohibit burials elsewhere.

(2) Whenever a Cemetery is established as aforesaid the Minister may, from time to time, order that, after a time to be mentioned in the order, burials or cremations in every or any other Cemetery or burial ground within such limits shall be wholly or partially discontinued and exempt cemeteries from parts of Ordinance.

(3) The Minister may exempt either wholly or in part any Cemetery heretofore or hereafter established from the operation of sections 10, 15, 16, and 23 or any of them, and may, from time to time, withdraw or renew such exemption; and the granting, withdrawal or renewal of any such exemption shall be published in the Gazette.

6. Lands to be provided for the purpose.

It shall be the duty of the Municipal Council of a Municipal town, and of the Urban Council or Town Council of a town for which an Urban Council or Town Council is constituted, on the request of the Minister, to provide land for the purpose of the establishment of a general Cemetery for the burial or cremation of persons dying within the limits of such town, or for the addition to the area of any Cemetery heretofore or to be hereafter established.

7. Sale of closed burial grounds prohibited.

No land which shall have been consecrated or exclusively set apart for the burial of the dead, and in which burials shall have been discontinued under the provisions of Ordinance No. 12 of 18622 or of this Ordinance, shall be sold, disposed of, or made any use of for any purpose whatsoever without the permission of the Minister; and every sale and disposal of such land without the permission aforesaid shall be null and void; and any person making any use of such land without the permission of the Minister shall he guilty of an offence, and be liable on conviction to a fine not less than two thousand rupees and not exceeding five thousand rupees.

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