The KERALA RIGHT TO BURIAL OF CORPSE IN CHRISTIAN (MALANKARA ORTHODOX-JACOBITE) CEMETERIES ACT, 2020.

[Translation  in  English   of  “2020-ലല കകേരള ക്രനിസസ്ത്യന്‍ (മലെങ്കര ഓര്‍കത്തക്കാഡകപ-യക്കാകകക്കാബക്കായ)
ലസമനികത്തരനികേളനില്‍ മൃതകദേഹണ അടെകണ ലചെയ്യുന്നതനിനുള്ള അവകേക്കാശണ ആകപ-” published under the authority
of the Governor.]
ACT 1 OF 2020
THE KERALA RIGHT TO BURIAL OF CORPSE IN CHRISTIAN (MALANKARA
ORTHODOX-JACOBITE) CEMETERIES ACT, 2020.
An Act to provide for the burial of corpse and funeral services of Christians belonging
to  Malankara  Orthodox-Jacobite  denominations  and  for  matters  connected  
therewith or incidental thereto.
Preamble.-WHEREAS, it is expedient  to provide for the  burial of corpse and
funeral  services  of   Christians  belonging  to  Malankara  Orthodox-Jacobite
denominations and for matters connected therewith or incidental thereto;
BE it enacted in the Seventy- first Year of the Republic of India as follows:-
1.  Short title and commencement.─  (1)  This Act  may be called the Kerala
Right to Burial of Corpse in Christian (Malankara Orthodox-Jacobite) Cemeteries Act,
2020.
      (2) It shall be deemed to have come into force on the 7 th day of January,
2020.
          2. Definitions.─  In this Act, unless the context otherwise requires,-
(a)   “cemetery”  means   a  place  set  apart  for  burial  of  the  corpses  of
parishioners  in a concrete cell or pit made in the ground;
(b)  “Christian”  means  any  person  belonging  to  the  Orthodox-Jacobite
denominations of Malankara Christian Church  who believes in the Bible and accepts
Jesus Christ as the only begotten Son of God and has been baptized;
(c)  “Government” means the Government of Kerala;
(d)  “parish” means a group of Christian families having a church or prayer
hall for its members to offer worship;
(e)  “prescribed” means prescribed by rules made under this Act.
 3. Right to burial  of corpse.- (1)  All members of the families belonging to a
parish shall have the right to be buried in the cemetery where their ancestors were
buried.
(2)  The relatives of the deceased member of a parish may forego funeral
services in church or its cemetery or opt for funeral services at any other premises  by a
priest of their choice.
    Explanation.-For the purpose of this section member of a family belonging to a
parish includes descendants of all persons who have been buried in that cemetery but
shall not include those who have left  the faith  of Orthodox-Jacobite Church and have
embraced  other denominations of  Christian Church or other religions.
 4.  Penalty.-  Whoever prevents or attempts or abets to prevent the burial of
corpse in violation of the provisions contained in section 3 shall, on conviction, be
sentenced to imprisonment for a term which may extend to one year or with fine which
may extend to ten thousand rupees or with both.
5.   Offences shall  be  cognizable,  bailable  and  compoundable.-  The  offences
under this Act shall be cognizable, bailable and  compoundable by the family members
of the deceased.
6.  Maintenance of registers.- The Vicar of the parish shall maintain a separate
register as may be prescribed for the burial of corpse conducted in the cemetery under
section 3.  The Vicar shall maintain such register as a permanent record in his office and
he shall issue certificate in this behalf to any person on application made to him upon
the receipt of fees as may be prescribed.
7.   Power to  make rules.-(1)  The   Government  may,  by  notification  in the
Gazette, make rules to carry out the purposes of this Act.
(2)  Every rule made under this Act, shall be laid, as soon as may be after it
is made, before the Legislative Assembly, while it is in session, for a total period of
fourteen days, which may be comprised in one session or in two successive sessions,
and if, before the expiry of the session in which it is so laid or the session immediately
following, the Legislative Assembly makes any modification in the rule or decides that
the rule should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under
that rule.
8.  Repeal and saving.- (1) The  Kerala Christian Cemeteries (Right to burial of
corpse) Ordinance, 2020 (1 of 2020)  is hereby repealed.  
(2)  Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall be deemed to have been done or taken under this Act.

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