-(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.
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