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Section 411: Power to require closing of burning burial grounds

The Nagaland Municipal Act,2001State Act of Nagaland · Act 10 of 2001

1. Municipality, may, by public notice, order and if so directed by the Government, shall within one month of the notification of such direction, be deemed to have ordered, burning or burial ground situated within the Municipality or within one mile thereof, which is certified by the Municipality Health Officer to be dangerous to the health of persons living in the neighborhood to be closed, from a date to be specified in the public notice, and shall in such case, if not suitable place for burning or burial exists within a reasonable distance, provide a fitting place for the purpose.

2. No corpse shall be burnt or buried or otherwise disposed of at the burning or burial ground or place in respect of which notice has been issued under this section.

3. Private burial places in such burial grounds may be excepted form the notice, subject ton such conditions, as the Municipality may impose in this behalf;

Provided that the limits of such burial places are sufficiently defined and they shall only be used for the burial of the members of the family of the owners thereof.

412. Removal of corpse,- The Municipality may, by public notice, specify the routes for the removal of corpse to burning or burial ground.

413. Power to direct reopening of any place closed for the disposal of the dead,-

1. If, at any time after personal inspection, the Chief Officer of a Municipality is of the opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of the Chapter or under any other law for the time being in force, has by lapse of time become no longer injurious to health and may without inconvenience or risk or danger, be again used for the said purpose, he may submit his opinion as aforesaid with the reasons therefore to the Municipality.

2. Upon the receipt of such opinion, the Municipality after such further enquiry if any, as it may deem fit to cause to made, may direct that such place be reopened for the disposal of the dead.

446

414. Prohibitions regarding burial within places of worship and exhumation,-

1. person shall, without written permission of the Chief Officer of a Municipality under sub-section (2),- a. made any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, or any place of worship, b. make any interment or otherwise dispose of any corpse in any place which is closed under section 411.

C. Build, or cause to be built or dug any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place, which is not permitted under this Chapter.

d. Exhume any body from any place for the disposal of the dead, except under the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974), or any other law for the time being in force.

2. The Chief Officer may, in special cases, grant permission for any of the purposes as aforesaid, subject to such general or special orders, as the Government may, form time to time, make in this behalf

3. Any contravention of the provisions of sub-section (1) shall be deemed to be a cognizable offence within the meaning of the Code of Criminal Procedure, 1973 (Act 2of1974)

Where this provision sits

ActThe Nagaland Municipal Act,2001
Section411
Marginal notePower to require closing of burning burial grounds
JurisdictionState of Nagaland
StatusIn force as published by the source

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