CHAPTER 72
GRAVES (REMOVAL) ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
REGULATIONS
(Section 11)
G.N. No. 102 of 1970
1. Citation
These Regulations may be cited as the Graves (Removal) Regulations.
2. Interpretation
Unless the context otherwise requires–
"Act" means the Graves (Removal) Act *;
"public officer" means the officer appointed under subsection (2) of section 7 of the Act.
3. Removal of graves and bodies
Subject to the provisions of subsection (1) of section 7 of the Act, every grave or dead body shall, as far as possible, be removed, transported and re-instated or re-interred in one whole.
4. Powers and duties of public officer
In addition to the powers and duties imposed on him by the Act, the public officer–
(a) shall attend to and supervise the removal, transportation and re-instatement or re-interment of any grave or dead body:
Provided that the personal attendance of the public officer shall not be necessary where he is satisfied that any person entrusted with the task of doing any of the said things has taken adequate measures to ensure compliance with the provision of the Act;
(b) may give such directions or take such measure for removing, transporting, and re-instating or re-interring the grave or dead body as he thinks for the purpose of compliance with the provisions of subsection (1) of section 7 of the Act or provisions of these Regulations;
(c) shall approve or give directions as to the type of vehicle or other means of conveyance to be used in the transportation of a grave or dead body;
(d) may give directions as to the route to be followed for the transportation of the grave or dead body;
(e) may do all such other acts and give such other directions as may be necessary for compliance with the provisions of the Act and these Regulations.
5. Upkeep of graves
The upkeep and maintenance of a place where a grave is re-instated or a dead body is re-interred in accordance with the provisions of the Act shall be the responsibility of the local authority having jurisdiction at that place.
6. Desecration of graves prohibited
No person shall remove, destroy, disfigure or efface or do anything likely to cause damage to, any grave which is re-instated or where any dead body is re-interred under the Act.
7. Sanctily of religion to be preserved
No person shall–
(a) do anything in relation to any grave which is likely to hurt the religious feelings of the community to which the dead person belonged; or
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(b) obstruct or molest any person approaching the grave for paying his homage to the dead person, or performing any rite or ceremony at the grave or for any other lawful purpose; or
(c) obstruct, disturb or interfere with the performance of any such rite or ceremony under paragraph (b).
8. Notification of religious rites and ceremonies
Any person, religious body or community desirous of performing any religious rite or ceremony or paying respects to the dead or performing any placatory functions during the removal, reinstatement or re-interment of any grave or dead body shall notify the public officer of such desire at least one day before the removal; and the public officer shall in all such cases give his comment thereto with such directions, if any, as he may consider necessary.
9. Timing of rites and ceremonies
Where two or more religious bodies or communities are desirous of performing such rites, ceremonies or functions as are referred to in regulation 8, the public officer shall, after consulting the representatives of the bodies or communities concerned, fix such order, timings or alteration for their performance as will ensure that each such rite, ceremony or function is performed with full solemnity and sanctity without disturbing or affecting the performance of another such rite, ceremony or function.
10. Offences and penalties
Any person who contravenes the provisions of regulation 6 or regulation 7 or disobeys or wilfully fails to carry out any direction given by the public officer under these Regulations commits an offence and is liable upon conviction, to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.
11. Forms
(1) Every notice under section 4 of the Act shall be in the form prescribed in the Schedule hereto.
(2) Every objection to the removal of the grave shall be in the form prescribed in the Schedule hereto.
(3) Every application for compensation for the removal of a grave and reinstatement of the grave or re-interment of the dead body shall be submitted separately in respect of each grave removed and shall be in the form prescribed in the Schedule.
SCHEDULE
FORMS
(Regulation 11)
FORM I
NOTICE OF INTENTION TO REMOVE GRAVE
THE GRAVES (REMOVAL) REGULATIONS
1. WHEREAS all that piece or parcel of land (description) .............................................. |
2. Notice is hereby given that it is intended to remove such graves or dead bodies and reinstate or re-inter the same in the cemetery or burial grounds (name or description) situated at ............................................................................................................... (address of the location) in accordance with the provisions of the Graves (Removal) Act, Cap. 72 at the expiration of twenty-eight days from the date of the publication of this Notice in the Gazette. |
3. Particulars of the graves or dead bodies affected hereby may be inspected at the Office of the Commissioner for Lands, Dar es Salaam and at the Office of the Regional/District Land Officer ......................................................... (Station). |
4. Every relative of the deceased person, or in the case of a war grave, the Commonwealth War Graves Commission has a right– |
(a) to lodge with the Minister responsible for Lands objections, in writing, to the intention and proposals herein contained within twenty-one days from the date of the publication of this Notice in the Gazette; and |
(b) to notify the said Minister in writing that he (or it) will subject to the approval of the Minister, himself (or itself) undertake the removal of such grave or dead body within two months from the date of publication of this Notice in the Gazette. |
FORM II
OBJECTIONS TO THE REMOVAL OF GRAVES
THE GRAVES (REMOVAL) REGULATIONS
To: The Minister for Lands, Dar es Salaam, |
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I/We, ................................................................................................ of (Postal Address) ............................................................................................................................... object |
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(state grounds) |
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1 AND I/we hereby give notice that, subject to your approval I/we undertake to remove the graves and re-instate the same or re-inter the dead body in accordance with the provisions of the Graves (Removal) Act, within two months from the date of the aforesaid General Notice. |
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OR |
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2 I/We do not undertake to remove the graves or dead bodies. |
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Date ............................................. | ........................................................ |
FORM III
APPLICATION FOR COMPENSATION
THE GRAVES (REMOVAL) REGULATIONS
To: The designation and address of the public officer. |
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I/We ..................................................................................................... (name in full) of Postal Address ................................................................................................................. HEREBY CLAIM compensation as detailed below for the removal, transportation, re-instatement or re-interment of the graves or dead bodies the subject of General Notice No. ........................ of ............................. and I/we certify that the undertaking was carried out after duly notifying the Minister and obtaining his approval thereto and in accordance with the provisions of the Graves (Removal) Act, Cap. 72, and the Graves (Removal) Regulations. |
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(1) Particulars of the grave removed .......................................................................... |
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(2) The description of the place from where the grave was removed .............................. |
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(3) The date on which the grave was removed ............................................................ |
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(4) The particulars of the vehicle or other means of transportation used ........................ |
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(5) The route by which the grave or dead body was transported ................................... |
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(6) Particulars of the place at which the grave was re-instated or dead body re-interred ........................................................................................................................ |
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(7) The date on which the grave was re-instated or the body re-interred ........................ |
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(8) Details of rites and ceremonies performed ............................................................ |
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Date ......................................... | Signature ................................................ |
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