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CALCUTTA BURIAL BOARDS ACT, 1881
CALCUTTA BURIAL BOARDS ACT, 1881
5 of 1881
20th July, 1881
An Act to provide for the appointment of a burial Board in Calcutta and its Suburbs. Preamble WHEREAS it is expedient to make better provision for the general management, regulation and control of the Government burial- grounds in the town of Calcutta and its suburbs; It is hereby enacted as follows
Section 1 Short title
This Act may be called the Calcutta Burial 11. Word subs, for the word "Board's" by Ben. Act 1G of 1946. [Boards] Act, 1881. (Commencement) Rep. by Act 1 of 1903.
Section 2 State Government may appoint a Burial Board
The 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] may, by a notification published in the 33. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette], appoint a Burial Board for the Town and Suburbs of Calcutta.
Section 3 Constitution of Board
The Board shall be constituted as follows: 44. Words subs, for the words "Chairman of the Calcutta Corporation" by Ben. Act 1 of 1939. [the Executive Officer of the Corporation of Calcutta] the Health Officer of Calcutta an Officer of the Public Works Department, to be appointed by the 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] the Senior Chaplain of St. John's Church in Calcutta ; a clergyman of the Church of Rome to be nominated by the Archbishop and Vicar Apostolic of Western Bengal ; a Protestant Non-conformist Minister, to be nominated by the 55. Word subs, for the words "him" by the Government of India (Adaptation of Indian Laws) Order, 1937. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] not less than three and not more than six other members to be nominated by the 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [Wcst Bengal]. The 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] may, from time to time, relieve any member of the Board nominated by 55. Word subs, for the words "him" by the Government of India (Adaptation of Indian Laws) Order, 1937. [it] of his functions as such member.
Section 4 Chairman to be appointed by State Government
The Chairman of the Board shall be nominated by the 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal].
Section 5 State Government may place Government burial-grounds under the Board
The 22. Words subs, by the Government of India [Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 2a2a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] may, by a notification published in the 66. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette], place under the control of the Board all or so many of the Government burial-grounds (not being military burial-grounds) situate in the town or Suburbs of Calcutta as to 7[itl shall seem fit ; and the general management, regulation and control of such burial-grounds shall, subject to the provisions of this Act, be thereupon vested in, and exercised by, the Board.
Section 6 Board to receive and account for fees and grants
The Board shall receive all fees and other moneys paid or given in respect of the use of such burial-grounds, and the erection of monuments therein, and such grants as 88. Words subs, for the word "Government" by the Adaptation of Laws Order, 1950. [any Governmentl may form time to time place at their disposal, and shall pay thereout all charges and expenses incurred by them in the management of the same, and shall submit accounts of such receipts and expenditure once in every year to the 99. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 1010. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Beneal and Puntab Acts) Order, 1948, [West Bengal], in such form and manner as the 99. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Governmentl may direct.
Section 7 Board may appoint subordinate establishment
The Board may from time to time appoint ali such overseers, clerks, subordinate officers and servants as they shall think necessary and proper to assist in carrying out the purposes of this Act, and may from time to time remove any of such persons and appoint others in their place.
Section 8 Power to make rules
The Board may, with the sanction of the 99. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Governmentl of 1010. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Beneal and Puntab Acts) Order, 1948, [West Bengal], from time to time make such rules consistent with the purposes of this Act, as they may think necessary for any of the following purposes ; that is to say :
(a) for regulating the times when the Board shall meet and the procedure to be observed at such meetings ;
(b) for securing the preservation, repair or removal of existing monuments and for regulating the dimensions and erection of new monuments, in any burial-grounds under their charge ;
(c) for regulating the mode of payment of fees, charges and other dues in respect of interments in any such burial-ground and for the expenditure of the same ;
(d) for directing the manner in which and the persons by whom all works within any such burial-ground shall be executed ; and
(e) for otherwise carrying out the purposes of this Act; and may from time to time, with the sanction aforesaid vary, alter or revoke any such rules so made. 1111. Words subs, for the words "Calcutta Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937. [Official Gazette].
Section 9 Power to withdraw burial-grounds from control of Board
The 1212. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 12a12a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal] may 1313. Words "in his discretion" om. by the Government of India (Adaptation of Indian laws Order)1937. ** at any time withdraw any burial-ground from the control and management of the Board.
Section 10 Provision for making over private cemeteries to charge of Board
It shall be lawful for the proprietors of any Christian burial- ground, with the sanction of the 1212. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] of 12a12a. Words subs, for the word "Bengal" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948. [West Bengal], to place the same under the management, regulation and control of the Board, on such terms and conditions as the 1212. Words subs, by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950. [State Government] may approve : and such burial-ground shall thereupon be managed in all respects as a Government burial-ground subject to the provisions of this Act.
