The Kerala Panchayat Raj (Burial of Unclaimed Corpses and Carcasses) Rules, 1996.

1 Short title and commencement.
(1) These rules may be called the Kerala Panchayat Raj (Burial of Unclaimed Corpses and Carcasses) Rules, 1996.

(2) They shall come into force at once.

2. Definitions. — In these rules, unless the context otherwise requires,

(1) 'Act' means the Kerala Panchayat Raj Act, 1994 (13 of 1994);

(ii)'Panchayat' means a Village Panchayat constituted under sub-section (1) of Section 4 of the Act;

(iii) 'President' means the President of the Village Panchayat;

(iv) 'Secretary' means the Secretary of the Village Panchayat;
(v)'Unclaimed corpse' means a human dead body found in any public place where the Kerala Anatomy Act, 1957 (Act 17 of 1957) is not in force or in a private place and not claimed by any one.
  1. Intimation of the existence of an unclaimed corpses. — Any person who comesto know of the existence of an unclaimed corpse within a Village Panchayat area shall, without delay, intimate the same to the President or the Secretary.

     

  2. Procedure to he followed by the president and the Secretary in the case of unclaimed Corpse. — (1) The President or the Secretary shall, on receipt of the information under Rule 3, contact the police officer empowered to take action under Section 174 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and ascertain from him whether any action is to be taken under the said section.

     

(2) The police officer shall, if he is of opinion that no action is to be taken on the unclaimed corpse by the police, issue a certificate to that effect to the President or the Secretary, who shall, on receipt of the certificate take necessary action to bury the corpse.

* Published in K.G. No.1135 dt.2nd August 2001, as No.48840/N2/1998/LSGD.

(3) In the case of unclaimed Corpses on which action under the Code of Criminal Procedure, 1973 is necessary, the police officer concerned shall, after completing such action, intimate the fact to the President or the Secretary who shall, after taking necessary action, bury the unclaimed corpse.

  1. Burial of unclaimed corpse to be, as far as possible, according to the religious custom of the deceased. — The burial of an unclaimed corpse shall, if the religion of the deceased is identified, be as far as possible in accordance with his religious custom.

     

  2. Burial of carcasses. — The President or the Secretary shall, immediately on the receipt of information of the existence of carcasses or remains of carcasses in the Panchayat area, take steps to bury it:

     

Provided that before burying dead animals or birds or its remains included in the category of wild life, the same shall be brought to the notice of the District Collector or the concerned Wild Life Protection Officer (Forest Department) and action shall be taken to bury it according to their direction.

7. Expenditure for burying corpses. — Reasonable expenditure for the burial of corpses as per these rules shall be met from the panchayat fund.

Explanatory Note

(This does not form part of the Notification, but is intended to indicate its general purpose.)

As per sub-section (1) of Section 166 of the Kerala Panchayat Raj Act, 1994 (13 of 1994), subject to the rules made under the Act, it shall be the duty of the Village Panchayat to meet the requirements of the Village Panchayat area in respect of the matters enumerated in the third Schedule/Item 20 of the Schedule deals with burial of unclaimed corpses and carcasses. Government have decided to make rules on the subject. This Notification is intended to achieve the above purpose.