Haryana Municipal (Control and Regulation of Burial and Burning Grounds) Bye-laws 1976

Haryana Municipal (Control and Regulation of Burial and Burning Grounds) Bye-laws 1976

Published vide Haryana Government Notification No. GSR 38/..../76 dated 12th March, 1976

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1. (1) These bye-laws may be called the Haryana Municipal (Control and Regulation of Burial and Burning Grounds) Bye-laws, 1976.

(2) They shall apply to all the municipalities.

2. No person shall bury or cause to be buried, or being the owner or person incharge of the burial ground, shall permit to be buried, the corpse of any person in any burial ground within the limits of a municipality save in accordance with the following conditions, namely :-

(a) no corpse of any person shall be buried in any place other than the place declared by the committee as burial ground ;

(b) each grave shall be of such a depth that every part of a coffin or corpse of a person shall be at least four feet below the surface level, if confined in masonry, and six feet, if not so confined;

(c) the grave shall not be less than two feet from the nearest existing grave;

(d) no corpse of a person shall be buried in any vault or masonry grave with a permanent floor which it is intended at any time within fourteen years, to reopen unless the coffin or corpse be separately entombed in an airtight manner by properly cemented store or brickwork which shall never be disturbed;

(e) no corpse of any person shall be buried in the same grave at the same time with any other corpse unless both the corpses are those of the members of the same family.

3. No person shall re-open or, being the owner or person incharge of the burial ground, shall permit to be re-opened any non-masonry grave or masonry grave not provided with a separate airtight compartment as described in clause (d) of bye-law 2 within fourteen years after the burial therein of the corpse of the person above 12 years of age or within eight years of the burial therein of the corpse of a child under 12 years of age except for the purpose of burning the corpse of another member of the same family, in which case a layer of earth not less than one foot thick shall be left undisturbed over the previously buried corpse. If on re-opening a grave any soil is found to be offensive, such soil shall be left undisturbed.
4. Except in cases of disinterment by order of a magistrate, no person shall exhume a corpse of a person or, except with the permission of the committee, re-open a grave.
5. (a) No corpse of any person shall be burnt in any place other than the place declared by the committee as burning ground.

(b) No person who burns or causes to be burnt the corpse of any person in any burning ground within the limits of a municipality and no owner or person incharge of any such burning ground, shall permit the corpse or any part of it to remain unconsumed, nor shall he remove or cause to be removed or suffer to be removed from such burning ground the corpose or any part of it until it has been completely reduced to ashes.

6. No person shall remove the wood, coal or other fuel, that has been employed in a pyre on a burning ground, or being the owner or person incharge of such burning ground shall permit such wood, coal or other fuel to be removed but the owner or person incharge of such burning ground shall ensure that such wood, other fuel is reduced to ashes.
7. No person who conveys or causes to be conveyed the corpse of any person to any burning or burial ground within the limits of a municipality and no owner or person incharge of such burning or burial ground shall permit any such corpse to remain unburnt or unburied, as the case may be, for more that six hours after its arrival at such burning or burial ground.
8. No person shall remove, or, being the owner or person incharge of burning or burial ground, shall permit to be removed from such burning or burial ground the bier or other thing on which the corpse of any person, who has died of any infectious or contagious disease, was brought to such burning or burial ground or any clothes or bedding or other things with which such corpse has been in contact but the person responsible for the burning or burial of such dead body and the person incharge of such burning or burial ground shall cause such bier or other thing on which such corpse was brought to such burning or burial ground to be burnt to ashes, together with such clothes, bedding or other things with which such corpse has been in contact, unless such clothes, bedding or other things have been buried with such corpse.
9. No person shall, except with the written permission of the Executive Officer or Secretary, as the case may be, of the committee, erect any masonry tomb or samad or plant any tree within the limits of any burial or burning ground.
10. Any corpse of a pauper dying or unclaimed corpse shall be buried or cremated as may be appropriate, at the cost of committee.
11. Any person who commits, or abets the commission of a breach of any of these bye-laws shall, on conviction by a magistrate, be punishable with a fine which shall not be less than twenty five rupees and more than two hundred rupees, and if the breach is a continuing breach, with a further fine of ten rupees for every day after the first during which the breach continues.
12. All bye-laws relating to the control and regulation of burial and burning grounds in force in municipalities immediately before the commencement of these bye-laws shall stand repealed:

Provided that any order made or action taken under the bye-laws so repealed shall be deemed to have been made or taken under the corresponding provisions of these bye-laws.