MM Act 159Chapter X · Burial and burning ground for disposal of corpses
Section 159 · Powers in respect of burial and burning places
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(1) The municipality may, from time to
time, out of the Municipal fund, provide suitable places to be used as burial or burning grounds either
within or without the limits of the municipality and may charge such fees on the persons using the places
as may be fixed by bye-laws which may be framed in that behalf.
(2) The municipality may, by public notice, order any burial or burning ground situated within municipal limits or any municipal burial or burning ground outside such limits which is certified by the Director of Medical, Health and Family Planning Service or a Public Health Officer of the State Government or a Health Officer of the municipality to be dangerous to the health of persons living in the neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.
(3) If any person, without the permission of the municipality bury or burn any corpse, or permit, to be buried or burnt, any corpse at any place which is not any burial or burning ground made or formed according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to five hundred rupees.
(4) Private burial places may be exempted from the order subject to such conditions as the municipality may impose in this behalf:
Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof.
(5) No private burial or burning ground shall be made or formed within the municipality after the commencement of this Act, without the permission in writing of the municipality.
(2) The municipality may, by public notice, order any burial or burning ground situated within municipal limits or any municipal burial or burning ground outside such limits which is certified by the Director of Medical, Health and Family Planning Service or a Public Health Officer of the State Government or a Health Officer of the municipality to be dangerous to the health of persons living in the neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.
(3) If any person, without the permission of the municipality bury or burn any corpse, or permit, to be buried or burnt, any corpse at any place which is not any burial or burning ground made or formed according to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to five hundred rupees.
(4) Private burial places may be exempted from the order subject to such conditions as the municipality may impose in this behalf:
Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof.
(5) No private burial or burning ground shall be made or formed within the municipality after the commencement of this Act, without the permission in writing of the municipality.
The offence at a glance
- Fine
- ₹500
- Cognizable
- Non-cognizable
- Bailable
- Bailable
- Triable by
- Any Magistrate
- Non-cognizable — Police cannot investigate without a Magistrate's order
- Bailable — Bail is your right — it can be granted at the police station
Derived from the First Schedule Part II rule — not listed section by section
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