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

 
 
GOVERNMENT OF KERALA 
Law (Legislation-E) Department 
 
NOTIFICATION 
 
 
No. 62/Leg.E1/2020/Law.                                                  Dated, Thiruvananthapuram, 18th February, 2020 
                                                 5th Kumbham,1195 
29th Magha,1941. 
 
 
 In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of Kerala is 
pleased to authorise  the publication in the Gazette of the following  translation in  English  language of  
the Kerala Right to Burial of  Corpse  in  Christian (Malankara Orthodox-Jacobite) Cemeteries Act, 2020 
(1 of 2020). 
 
 
          By order of the Governor, 
 
ARA VINTHA BABU P. K., 
Law Secretary. 
 
 
 
 
 
 
 
 
 
 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
[Translation in English  of  “2020-ടേ കേരള പ്േിസ്തയൻ (മേങ്കര ഓർകത്താ േ്സ്-യാകക്കാബായ) 
ടസമികത്തരിേളിൽ മൃതകേഹം അെക്കം ടെയ്യുന്നതിനുള്ള അവോശം ആേ്റ്”  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.–W HEREAS, 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; 
 B E 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 7th 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 
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This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
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. 
 
 
 
 
7
This is a digitally signed Gazette.
Authenticity may be verified through https://compose.kerala.gov.in/
____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESS
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2020

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