The Tamil Nadu Village Panchayats (Provision of burial and burning grounds) Rules, 1999

What the Rules govern

The Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999 apply to places used for burying or burning the dead in Village Panchayat areas. They were made under the Tamil Nadu Panchayats Act, 1994 and supersede the previous rules relating to burial and burning grounds.

The Rules affect Village Panchayats, owners or controllers of burial and burning grounds, communities seeking to establish such grounds, and people responsible for burials or cremations.

Duties of Village Panchayats

The Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999 require a Village Panchayat to provide burial or burning places at its own cost where sufficient provision does not exist. The Village Panchayat may collect rent and fees for their use.

Key responsibilities include:

• Registering burial and burning grounds that are not already registered under an Act.
• Taking control of a ground where no owner or controlling person appears to exist, and either registering it or closing it with the sanction of the Assistant Director (Panchayats).
• Maintaining a register of grounds that are provided, registered or licensed, including qualifying grounds that existed before the Act began.
• Displaying a notice in Tamil and English near the entrance stating that the ground has been provided, registered or licensed.

Registration and licences

The Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999 require every owner or person controlling an unregistered burial or burning place to apply to the Village Panchayat for registration.

No new private or public burial or burning ground may be opened, formed, constructed or used without a Village Panchayat licence. The application must include a plan showing the location, boundaries and extent, together with ownership or community details, the management system and any further particulars required by the Panchayat.

The Village Panchayat may grant the licence, refuse it for reasons recorded in writing, or postpone a decision until objections or missing particulars are addressed. The Assistant Director (Panchayats) may cancel or modify the Panchayat's decision, subject to a reasonable opportunity for the affected appellant to be heard.

Location, reporting and closure

The Tamil Nadu Village Panchayats (Provision of Burial and Burning Grounds) Rules, 1999 provide that a corpse cannot be buried or burned within ninety metres of a dwelling or drinking water source unless the place is licensed as a burial and burning ground.

The person controlling a ground must report every burial or burning to the officer appointed by the Village Panchayat. A dangerous, unhealthy or overcrowded ground may be closed after notice, with prior sanction from the Assistant Director (Panchayats). The notice period must be at least two months and must be publicised on the Panchayat notice board and by beat of drum. Breaches may attract a fine of up to one hundred rupees, with a continuing fine of up to fifteen rupees per day after the first conviction.