GRAVEYARDS (PRESERVATION AND MAINTENANCE) ACT, 1958
(W.P. Act XXV of 1958)
1. Short title, extent
3. Constitution of a
4. Committee to
investigate and report.
Application for exclusion of land from
the area of graveyard.
7. Appointment of a
8. Nature of orders on
establishment of title.
9. Nature of order
when title not established.
10. Steps taken on
non-compliance of order under section 9.
12. Final notification
defining limits of graveyard.
13. Graveyard to be a
14. Functions of the
15. Committee to prepare
scheme for graveyard.
16. Committee and the
Tribunal to exercise powers under the Civil Procedure Code, 1908.
17. Government to
provide funds for compensation.
18. Contribution by
21. Cognizance of
offences under the Act.
22. Dissolution of
GRAVEYARDS (PRESERVATION AND MAINTENANCE) ACT, 1958
(W.P. Act XXV of 1958)
An Act to provide for the
preservation and maintenance of graveyards in
WHEREAS it is expedient to make provision for the preservation and
maintenance of graveyards in [the
It is hereby enacted as follows:-
1. Short title, extent and commencement.—
(1) This Act may be called the
Graveyards (Preservation and Maintenance) Act, 1958.
(2) It extends to the graveyard known as the Miani Sahib Graveyard,
and the Government may, by notification, extend all or any of the provisions
of this Act, to any other graveyard
(3) It shall come into force at once.
2. Definitions.— In this Act, unless
there is anything repugnant in the subject or context—
(1) “building” includes a building as defined in the City of
Lahore Corporation Act,
and in the Punjab Municipal Act, 1911;
(2) “Committee” means a Committee
constituted under section 3 of this Act;
(3) “Government” means the
Government of the
(4) “graveyard” means a graveyard to
which all or any of the provisions of this Act have been extended;
(5) “High Court” means the
[High Court of the
(6) “land” includes land defined in the Land Acquisition Act, 1894;
(7) “prescribed” means prescribed by
rules made by the Government under this Act; and
(8) “Tribunal” means a Tribunal constituted under section 7 of this Act.
3. Constitution of a Committee.— (1)
As soon as may be, after the enforcement of this Act, or the extension of
all or any of the provisions of this Act to any graveyard, the Government
shall appoint for one or more of such graveyards a Committee which shall
consist of a Chairman, and such number of other official and non-official
members as may from time to time be specified by the Government.
Each such Committee shall be a body corporate, and shall have perpetual
succession and a common seal, with power to acquire and hold property, and
to contract and do all things necessary for carrying out the purposes of
this Act, and may sue and be sued in its corporate name.
4. Committee to investigate and report.—
Within such period as may be fixed by the Government in this behalf, the
Committee shall investigate and report regarding—
(1) the area of the graveyard according to the various settlement records;
(2) the area of the encroachments;
(3) the nature and extent of the
encroachment made by each person and the probable time of the commencement
of the encroachment;
the rights possessed by the encroachers with regard to the land encroached
upon by them;
(5) the amount of compensation likely to be paid for the removal of
the area which shall be declared to be the area of the graveyard; and
(7) any other matter which the
Government may specify.
5. Preliminary notification.— When a
report under section 4 has been received the Government shall issue a
preliminary notification defining the limits of the area proposed to be
declared as the area of the graveyard specifying the encroachments and
requiring, within a time to be specified, the removal of all encroachments
from that area.
6. Application for exclusion of land from
the area of graveyard.— Any person who claims to have acquired any title
to any land or property included within the limits defined in the
notification issued under section 4, may, within three months of the date of
such notification, apply to the Government for the exclusion of such land or
property from the area of the graveyard.
7. Appointment of a Tribunal.—
The Government shall appoint a
consisting of a person who is, has been or is qualified to be appointed a
District and Sessions Judge to dispose of the applications presented under
section 6 in accordance with the provisions of sections 8 and 9.
Nature of orders on establishment of title.—
(1) If the Tribunal is satisfied that the title of any person, who has
applied under section 6, to any land or property included within the limits
defined in the notification issued under section 5, has been established, it
shall pass an order excluding such land or property from the area of the
(2) The Government may, within
one year from the date of an order under sub-section (1), declare by
notification in the official Gazette, that the land or property or any part
thereof excluded from the area of the graveyard under sub-section (1) is
required for the purpose of graveyard and after making such declaration,
acquire the land or the property, as far as may be, in accordance with the
provisions of the Land Acquisition Act, 1894.
9. Nature of order when title not
established.— If the Tribunal is satisfied that the title of any person
who has applied under section 6 to any land or property included in the area
defined in the notification issued under section 5 has not been established,
it shall pass an order rejecting the application and directing such person
to hand over possession of the land or property to the Committee within such
period as may be specified in the order:
Provided that if the property includes a
building the Tribunal shall fix a period, not exceeding nine months within
which such person shall remove the building materials.
10. Steps taken on non-compliance of
order under section 9.— If an order made under section 9 is not complied
with, within the period specified in the order, the Tribunal may require the
District Magistrate of the district to take such steps, including the
forcible removal from such land or property of all the occupiers thereof, as
may be necessary to put the Committee in possession of the land or property,
and the District Magistrate shall act accordingly. Any expenses incurred on
such forcible removal shall be recoverable from such occupiers as arrears of
Appeal.— Any person aggrieved
by a final order passed by the Tribunal in proceedings under sub-section (1)
of section 8 or section 9 or 10 may appeal to the High Court within one
month of the date of the order and any order passed by the High Court in
appeal shall be final.
12. Final notification defining limits of
graveyard.— When all applications presented under section 6 have been
disposed of by the Tribunal the Government shall issue a final notification
defining the limits of the area of the graveyard.
13. Graveyard to be a Trust.— The
possession of the entire land and property comprising the graveyard as
defined in the notification issued under section 12 shall vest in the
Committee and shall be held by it in trust for use as a graveyard and for
such other ancillary purposes as may, in the opinion of the Government, be
necessary for the proper maintenance of the graveyard.
14. Functions of the Committee.— The
Committee shall, subject to the control and superintendence of the
(1) protect the graveyard from
(2) maintain the graveyard in a fit
and proper condition and take steps to improve it;
(3) employ and pay such staff as may
be necessary; and
(4) do all such acts and things as
may be necessary for the preservation and proper maintenance of the
15. Committee to prepare scheme for
graveyard.— (1) The Committee shall draw up for the graveyard a scheme
which may, among other things, provide for the following matters, namely:-
(a) the specification of areas
to be used as burial grounds;
(b) the laying out of streets
and open spaces and the provision of other amenities;
(c) the regulation of the
design and structure of grave;
(d) the use to which the land
not immediately required for the purpose of a burial ground may be put; and
(e) any other matter which may
be necessary for the preservation and proper maintenance of the graveyard.
(2) The Government may reject the
scheme drawn up by the Committee, may return it for further consideration or
may sanction it with such modifications or additions as it may think fit.
(3) Nothing in this section shall
preclude the Government from cancelling or modifying any scheme sanctioned
under sub-section (2) or the Committee from drawing up a fresh or modified
16. Committee and the Tribunal to
exercise powers under the Civil Procedure Code, 1908.—
(1) In relation to proceedings under this Act, the Committee and the
Tribunal shall have the same powers which are vested in a Court under the
Code of Civil Procedure, 1908,
for the following matters:-
(a) discovery and inspection;
(b) enforcing the attendance
of witnesses and requiring the deposit of their expenses;
(c) compelling the production
(d) examining witnesses on
oath and receiving other evidence;
(e) granting adjournments;
(f) reception of evidence
taken on affidavit; and
(g) issuing commissions for
the examination of witnesses.
(2) The Committee, or the Tribunal, may summon and examine, of its own
accord, any person whose evidence appears to be material in any proceedings
and it shall be deemed to be a Civil Court within the meaning of sections
480 and 482 of the Code of Criminal Procedure, 1898.
(3) The provisions of the
Evidence Act, 1872
shall be deemed to apply, so far as may be, to all proceedings before the
Committee and the Tribunal.
17. Government to provide funds for
compensation.— The Government shall place at the disposal of the
Committee such funds as may be necessary for the payment of compensation
under section 8 and for the proper management of the graveyard.
Contribution by local bodies.—
The Government may require any local authority to pay such annual
contributions to the Committee, for the maintenance of the graveyard, as may
be fixed from time to time.
19. Rules.— (1) The Government may
make rules for the purposes of carrying into effect the provisions of this
(2) In particular and without prejudice
to the generality of the foregoing power, such rules may provide for all or
any of the following matters, namely:-
(a) the regulation of the
procedure and conduct of business by the Committee and the Tribunal;
(b) the constitution of
the Committee, its powers and functions, the term of office of members and
the resignation and removal of members and the appointment of the Chairman
and Vice-Chairman of the Committee;
(c) the employment of
staff by the Committee and their conditions of service;
(d) the manner in which
the funds required by the Committee shall be raised and spent;
(e) the maintenance of
accounts by the Committee and an audit thereof;
(f) the manner in which
schemes under section 15 shall be framed; and
(g) the manner in which the
Government shall control and supervise the activities of the Committee.
20. Penalties.— Any person who, after
the extension of all or any of the provisions of this Act, to a graveyard:-
(a) makes an encroachment or
erects any building in an unauthorised manner in any part of the area of the
(b) puts any land or property
within the limits of the graveyard to any use not in conformity with this
Act, or any rules or a scheme thereunder;
(c) damages any land or
property included in the area of the graveyard; or
(d) commits a breach of any of
the provisions of this Act, or the rules or a scheme framed thereunder;
shall, on conviction by a Magistrate, be
punished with imprisonment of either description for a term which may extend
to three months, or with fine which may extend to one thousand rupees, or
21. Cognizance of offences under the
Act.— No Court shall take cognizance of an offence under this Act,
except on the complaint of a person authorised by the Government in this
22. Dissolution of Committee.— The
Government may, at any time, dissolve the Committee, and transfer its assets
and liabilities and entrust its functions and powers to a local authority.