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Section 276

Power in Respect of Burial and Burning Places

-(1) The Municipality may, by public notice, order any burial or burning ground situated within municipal limits or within one kilometer thereof, which is certified by the Director of Public Health or District Medical and 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 notice and shall, in such case if no suitable place for burial and burning exists within a reasonable distance, provide a fitting place for the purpose before the aforesaid date. (2) No new burial or burning ground shall be made without the permission in writing of the Municipality and otherwise than in accordance with the terms and conditions of such permission. (3) Should any person, without the permission of the Municipality, bury or burn or cause or permit to be buried or burnt any corpse at any place which is not a burial or burning ground or in any burning or burial ground made or formed contrary to the provisions of this section or after the date fixed thereunder for closing the same, he shall be punished with fine which shall not be less than one thousand rupees but which may extend to two thousand rupees. (4) Any person aggrieved by any orders made by the Municipality under the power conferred upon it by this section may, within thirty days from the date of such order, exclusive of the time requisite for obtaining a copy thereof, appeal to the Collector and no such order shall be liable to be called in question otherwise than by such appeal. (5) The appellate authority may, if it shall think fit, extend the period allowed under sub-section (4) for appeal. (6) The order of the appellate authority confirming, setting aside or modifying the notice or order appealed from shall be final: Provided that the notice or order shall not be modified or set aside until the appellant and the Municipality have had reasonable opportunity of being heard. (7) When an appeal has been instituted under sub-section (4), all proceedings to enforce such order and all prosecutions for any breach thereof shall be suspended pending the decision of the appeal, and if such order is set aside on appeal, disobedience thereof shall not be deemed to be an offence.