Public Health Act

Cemeteries Regulations 1946

[GN 227 of 1946 – 1 July 1946] [Section 193]

1. These regulations may be cited as the Cemeteries Regulations 1946.

2. In these regulations –

"cemetery" or "burial ground" means land set apart for the burial of dead bodies;

"common grave" means a grave in which persons have been buried in land still belonging to the owner of the cemetery;

"contagious disease" or "communicable disease" means cholera, yellow fever, small pox, typhus fever, scarlet fever, typhoid or enteric fever, puerperal fever, relapsing fever, diphtheria, measles and such other diseases as shall, from time to time, be declared to be contagious by the Chief Health Officer;

"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of infrastructure;

"grave" means a burial place formed in the ground, by excavation, and without any internal wall of brick or stone work. The excavation may, however, contain a wooden framework, open at the bottom and covered with planks;

"mausoleum" or "vault" are synonymous and include burial places of every other description than those already mentioned.

"private grave" means a grave in land which has been purchased from the owner of the cemetery;

"surface", in relation to a burial ground –

(a) means the level of the ground adjoining a grave; but

(b) excludes heaps of or stones placed over a grave;

"tomb" means a construction in masonry covering a grave.

3. (1)Every burial ground shall be enclosed with a wall, paling, or impenetrable hedge of not less than one metre 50 centimetres high and exterior to such enclosure.

 (2) Three rows of trees shall, when practicable, be planted around every cemetery of an extent of 20 acres or more.

4. (1)Every cemetery shall be under the charge of a keeper, whose duty shall be to maintain cleanliness, order and decency, and to take care that every enactment relating to burial grounds is complied with.

(2) The keeper shall keep a plan of the burial ground showing every section or square; and he shall mark, or cause to be marked, each square and row of graves, as also each single grave, if possible, with stones or pieces of painted wood, having letters or numbers to correspond with their counterparts which are to be noted in the cemetery register.

(3) The keeper shall keep a register in which he shall insert the dates of all interments and exhumations, with the names of the persons interred or exhumed, and such other particulars as are, or shall be, set out in the form of registration approved by the Permanent Secretary.

5. (1) The keeper of every public cemetery shall open the cemetery at 9.00 a.m.

 (2) He shall remain in attendance at the cemetery between the hours of 9.00 a.m. to 11.00 a.m. and between the hours of 12.30 p.m. to 6.00 p.m. unless otherwise ordered by the Permanent Secretary. He shall keep an account book in which he shall note all fees received by him, and he shall hand over and account for all such fees at the time and such manner as the Permanent Secretary may determine.

[Reg. 5 revoked and replaced by reg. 2 of GN 107 of 1948 w.e.f. 8 May 1948; reg. 2 of GN 293 of 1949 w.e.f. 24 December 1949; amended by reg. 2 of GN 109 of 1951 w.e.f. 16 June 1951.]

[EDITORIAL NOTE – GN 269 of 1949 also revoked and replaced regulation 5, however, there were some errors which were corrected by GN 293 of 1949.]

6. All graves not covered with stones or otherwise protected shall be planted, by the owner, with short grass or flowers, so as to prevent the heaps of earth from being effaced by heavy rain.

7. It shall be an offence to –

(a)tread on any grave or burial place;

(b) leap over the enclosures;

(c) write on, or otherwise deface any monument;

(d) pluck, take away, or remove, any flowers, plants, shrubs, vases, or other articles deposited in a cemetery,

without authority from the keeper.

8. It shall be an offence to introduce dogs or other animals, a cart, waggon, or other vehicle into a cemetery without the permission of the keeper.

9. It shall be an offence to introduce intoxicating liquors, to light candles, or to form processions by torchlight, or with drums, horns, or other instruments
of music, into a cemetery.

10. No interment shall take place except in a public cemetery, or in an authorised private cemetery, unless under very special circumstances to be approved by the Chief Health Officer.

11. Burial grounds may be divided into consecrated and unconsecrated portions, and portions may, if necessary, be set apart for persons professing particular religious creeds.

12. Any person desirous of purchasing a plot of ground in a public cemetery, or of having a vault or monument built in the cemetery, shall make application to the Permanent Secretary, or to the keeper of the cemetery.

13. Where money for the purchase of a plot of ground is tendered to the cemetery keeper, a receipt of payment issued by the clerk of the Public Works and Surveys Department is produced to him, he shall cause a plot of ground to be measured and marked, and shall permit the work to be commenced agreeably to the conditions attached
to the purchase.

14. (1)There shall be set apart in every public cemetery rows of common graves.

(2) The common graves shall be of the minimum depth specified by regulation 26.

(3) If for want of space in a burial ground, or for any unforeseen reason, it shall become necessary to use common graves for new interments, the reopening shall not take place before 5 years from the date of last interment.

15. The tariff of the cemetery charges shall be as follows –

(a) every parcel of ground sold in cemeteries shall be paid for according to the rates and the purchasers shall comply with the plans and divisions laid down for the management and for the distribution of the land of the said cemeteries;

(b) the price of any plot of ground of not more than one square metre 67 of square decimetres, or 1.83 metres by 91 centimetres, shall be 10 rupees;

(c) for any plot of ground exceeding the above surface measurements, 20 cents of a rupee shall be paid for every additional square decimetre or fraction of a decimetre up to 3.35 metres by 2.13 metres;

(d) for any plot of ground exceeding 3.35 metres by 2.13 metres, one rupee shall be paid for every additional square decimetre or fraction of a decimetre.

For tombs and monuments the following rates shall be paid in addition to the price of the ground –

 

(Rs cs)

(a) first class vault or tomb of a height of 1.83 metres

80 00

(b) second class vault or tomb of a height of not more than 1.83 metres

40 00

(c) third class vault or tomb of a height of not more than 1.22 metres

20 00

(d) fourth class vault or tomb of a height of not more than 91 centimetres

15 00

(e) fifth class vault or tomb of a height of not more than 30 centimetres

10 00

(f) sixth class simple grave stone placed horizontally or vertically with inscription

7 50

(g) seventh class tomb covered with plaster in height without a grave stone of not more than 30 centimetres

5 00

(h) eighth class grave board with inscription

1 50

(i) a cross of wood or iron of a height of not more than 61 centimetres

Free

(j) above that height

1 50

(k) for the construction of a subterranean vault, in addition to the price of the ground

20 00

Where the vault extends above the level of the surrounding soil, the additional fee specified for vaults or tombs above the ground shall be exigible

 For an enclosure in plain boards (trellis or bars) of a height of 61 centimetres

2 00

 For an enclosure in plain boards (trellis or bars) of a height of 91 centimetres

2 50

 For an enclosure in plain boards (trellis or bars) of a height of 1.22 metres

3 00

For 4 pillars with chains

5 00

For every additional pillar supporting chains

0 50

For all iron railings of a height of not more than one metre

5 00

For an enclosure of stones

5 00

For the reopening of a vault or grave –

 

(a) first class

10 00

(b) second class

8 00

(c) third class

7 00

(d) fourth class

6 00

(e) fifth class

5 00

(f) sixth class

4 00

(g) seventh class

3 00

(h) eighth class

3 00

Digging a grave

3 00

The tariff specified above shall not apply to the cemeteries of Port Louis or to private cemeteries.

[Reg. 15 amended by reg. 2 of GN 48 of 1956 w.e.f.1 July 1956.]

16. (1)The opening of vaults for deodorising, or other purposes than the depositing or removing of bodies, may be authorised by the keeper and will be subject to no payment, except 3 rupees for the cost of labour and of the disinfecting agent, when supplied.

(2) The keeper shall issue a receipt for every payment effected to him.

[Reg. 16 amended by reg. 3 of GN 48 of 1956 w.e.f. 16 July 1956.]

17. In every public cemetery there shall readily dug graves available for the want of the locality.

18. The Permanent Secretary may order for the construction, in any cemetery, a building which may be used as a dead house, or as a room for post-mortem examination, or for the reception of bodies exhumed for judicial or other purposes.

19. No cemetery, once closed by order of the Permanent Secretary, shall be used, for any purpose other than the planting of trees except with the approval of the Permanent Secretary on the recommendation of the Chief Health Officer.

[Reg. 19 revoked and replaced by reg. 2 of GN 21 of 1950 w.e.f. 11 February 1950.]

20. The Permanent Secretary or his representative –

(a) shall have, at all times, free access to all burial grounds; and

(b) inspect graves or trenches being dug, and vaults being opened, and examine the several books, papers and plans connected therewith.

21. (1)Where any tomb or vault is left in a dilapidated condition, the Permanent Secretary compel the owner of any such tomb or vault to have it repaired within a specific delay.

(2) Where the owner of the tomb or vault fails to have the tomb or vault repaired within the delay, the Permanent Secretary may cause the repairs to be effected at the cost of the owner.

22. (1)Any contractor or any other person who undertakes to perform any private work within any public cemetery shall be responsible for any damage caused by him or his officers, without prejudice to any penalty that may be awarded against him or his officers.

(2) The contractor or his officer or any other person shall remove all the rubbish and clean the cemetery after the work is completed.

(3) Permission for reopening of a vault or tomb shall be granted –

 (a) if regulations 41 to 43 are complied with; and

 (b) on payment of the appropriate fee.

23. Burials shall take place in the presence of the keeper during the hours specified in regulation 5, unless the Chief Health Officer otherwise authorises in special circumstances.

[Reg. 23 revoked and replaced by reg. 3 of GN 107 of 1948 w.e.f. 8 May 1948.]

24. (1)No burial shall take place without the production, to the keeper of the permit of interment furnished by the Registrar of Civil Status or his representative.

(2) Where an interment takes place in any public or private burial ground, the keeper thereof shall retain every such permit, and shall show it to the Permanent Secretary or any officer deputed by him when required so to do.

25. No dead body shall be removed from any district in which an epidemic or contagious disease is declared to be prevalent by the Chief Health Officer, for interment or disposal in any other district, unless permission for such removal be first obtained from the Chief Health Officer. It is required that the application be accompanied by a Medical Certificate setting forth the cause of death. Notice of every such permission shall be transmitted, by the person granting it, to the Civil Status Officer of the district to which it is intended to remove the dead body, and the notice shall give the reason for the removal.

The permit, or it's certified copy, for such removal, must, on demand, be shown to any Local Authority, Sanitary Officer or Police Officer.

26. (1) Every grave shall be –

(a) in accordance with the length of the corpse;

(b) of a width of not less than 64 centimetres; and

(c) of a depth of not less than one metre.

(2) The depth of a grave of a person having died of a contagious disease shall be of 1.5 metres.

27. (1)The depth of any grave shall not meet the subsoil water.

(2) The distance between –

 (a) 2 graves shall be not less than 51 centimetres;

 (b) 2 rows of graves shall be not less than 75 centimetres.

28. It shall not be lawful for burial grounds to be situated within any town, village or camp nor at less than 200 yards beyond the boundaries of any town, village or camp, nor within 75 metres from any river, stream, canal, spring, well or other source of drinking water.

[Reg. 28 amended by reg. 2 of GN 82 of 1952 w.e.f. 12 April 1952.]

29. The grave in which the corpse of a person who has died of a contagious disease has been buried shall, for the purpose of identification, be marked by the letters C.D. cut in stone or painted on wood.

30. No grave in which has been buried the dead body of a person having died of any contagious disease shall be opened for another interment without the special permission of the Chief Health Officer, and then only under such sanitary precautions as the Chief Health Officer may prescribe, and no such permission shall be granted unless the second interment or interments shall follow the first within a space of 7 days or after the lapse of 6 years. No second interment shall be permitted within the space of 7 days, unless the previous one has been effected in strict conformity with the provisions laid down in regulation 35.

But in cases of cholera it shall be forbidden to have the grave reopened within any period before 10 years.

The reopening of a grave not containing the remains of a person dead of communicable disease, for a fresh burial, shall not be permitted until 2 years after the last burial in the same grave of a child under 6 years of age, nor until 5 years after the interment of a person above that age.

31.

 No grave where the corpse of –

(a) a child aged not more than 6 years;

(b) a person aged not less than 6 years,

not attained of a contagious disease shall be reopened for another burial before a lapse of time of not less than 2 years and 5 years, respectively.

32. (1) Where a grave is reopened for another burial and a cadaverous odour is met with before the depth specified in regulation 31 is attained, the keeper shall forthwith –

 (a) spread over it a reasonable quantity of a deodorising substance; and

 (b) cause the grave to be covered without burying another dead body in the grave.

(2) No grave referred to in paragraph (1) shall be opened before a lapse of time of 12 months.

33. Where there is no cadaverous odour from a grave which is reopened for another burial, the remains of the dead body found therein shall be covered with a reasonable quantity of soil before burying the other dead body.

34. No dead body shall be buried within 75 metres of any well, river, canal, marsh or stream, unless in a vault, the sidewalls, ends, and bottom of which shall consist of well cemented stones, or bricks, and be of a thickness of not less than 32 centimetres and lined with a coating of cement of a thickness of 7 millimetres unless the sidewalls and end walls project above the surrounding ground to a height of 50 centimetres.

35. No ground previously used for the purpose of common graves shall be reopened for burial before a lapse of 5 years.

36. (1) The keeper shall before digging the ground referred to in regulation 35, pierce the common graves with trial rods at a distance of not less than 15 centimetres nor more than 20 centimetres from both ends, and at the centre.

(2) The keeper shall record the date and time of the digging referred to in paragraph (1) in the register.

37. (1) The floor surface of a vault shall not be less than 2 metres below the surface of the surrounding ground.

(2) The masonry or brickwork of the vault shall be –

(a) of a thickness of not less than 25 centimetres to guard against the filtration of water, and painted with hydraulic lime or cement; and

(b) coated inside with a layer of cement of a thickness of 7 millimetres.

(3) The internal height of the vault from flooring to ceiling shall not exceed 3 metres.

38. (1) No dead body shall be deposited in a vault unless enclosed in a leaden or copper lined coffin.

(2) The number of dead bodies deposited in the vault shall be according to the capacity of the vault.

[Reg. 41 amended by reg. 2 of GN 73 of 1949 w.e.f. 9 April 1949.]

39. (1)Vaults not containing the remains of persons who have died from communicable disease may be opened at any time for the interment of another body or for the removal of a dead body.

(2) Disinfectants shall be used immediately after the reopening of any vault.

The cemetery register shall be considered as sufficient proof of facts required in this regulation relative to previous burials, but when the register does not give all the information required, the person asking for the reopening of the vault shall obtain an extract from the civil status registers, or if this extract be unobtainable, a certificate from the medical man who attended the persons buried in their last illness. If this also do not plainly show that the death occurred from non-contagious disease, the vault shall not then be opened without special permission of the Chief Health Officer.

40. (1) Where the dead body of a person who has died of any contagious disease is deposited in a vault, such vault shall –

 (a) immediately be closed; and

 (b) not be reopened for another interment without the authorisation in writing of the Chief Health Officer.

(2) The Chief Health Officer may authorise the second interment on such conditions as he may determine unless there is a lapse of 6 years between the first and second interments.

41. In case of persons who have died from non-contagious diseases, no dead body shall be carried to, nor interred in a cemetery otherwise than in a decent and safe manner, that is to say, when no closed coffin is used, the dead body must be carefully shrouded and covered with a clean cloth, or decently covered, surrounded by charcoal or otherwise deodorized; it may be placed in a wicker coffin, or it may be placed in a coffin which can be opened, and the dead body may be removed from such coffin for interment provided it be duly shrouded and disinfected. All the above dead bodies shall be conveyed to the cemetery on men's shoulders or in a bier, litter, hearse or cart.

42. (1) In case of death from cholera or small pox, the dead body shall not, under any circumstances, be carried by men to the cemetery. Such dead bodies may be interred either with or without coffins.

(2) When no coffin is used, the body shall be swathed in thick cloth coated with tar and surrounded with another cloth or cloths thoroughly soaked in a solution of any one of the disinfectants authorised by the Chief Health Officer, the whole being also surrounded with a sufficient quantity of sawdust to the thickness of 25 millimetres carefully saturated with any disinfectant authorised by the Chief Health Officer and the whole swathed in a third outer cloth. The body thus swathed shall be decently covered with a clean cloth, which shall be buried along with the body in the grave.

(3) When a coffin is use, it shall be strongly and well made of wood not less than 25 millimetres thickness fastened securely with screws with or without a leaden or copper lining. The coffin shall have at the bottom a layer of charcoal or saw dust having a thickness of 5 centimetres saturated with a solution of any one of the authorised disinfecting agents above mentioned, the dead body to be surrounded with a layer of sulphate of copper or zinc, mixed with equal parts of saw dust to the thickness of 25 millimetres and the clothing and other coverings of the dead body sprinkled with a solution of one of the disinfectants above mentioned.

(4) In the case of other contagious diseases than cholera or smallpox, a coffin must be used and the requirements of paragraph (3) must be strictly complied with.

[Reg. 45 amended by reg. 3 of GN 73 of 1949 w.e.f. 9 April 1949.]

43. It shall also be permitted, in the case of Mahomedan and other burials, to place in the grave over a well shrouded and deodorized dead body, a strong wooden framework, provided the height of such framework from the bottom of the grave do not exceed 55 centimetres, and that there be at least one metre 25 centimetres of earth over it when the grave is filled up.

44. (1)The Permanent Secretary shall permit the exhumation of –

 (a) a child aged not more than 6 years, not later than 2 years after the burial;

 (b) a person aged not less than 6 years, not later than 5 years after his burial.

(2) Exhumation of a dead body that has been –

 (a) properly embalmed may be authorised if less than one year has lapsed since its burial;

 (b) placed in a leaden or copper lined coffin properly closed may be authorised at anytime.

(3) This regulation shall not apply to an exhumation ordered by the court.

[Reg. 47 amended by reg. 2 of GN 73 of 1949 w.e.f. 9 April 1949.]

45. (1) Exhumation shall take place in the morning.

(2) A reasonable number of workers shall dig the grave to complete the exhumation without any delay.

(3) (a) The workers shall sprinkle, on the coffin, such deodorizer as the Permanent Secretary may determine.

(b) Where the Court has authorised the exhumation, the Court shall determine the deodorizer to be used.

46. (1) Where the reburial is to take place –

 (a) in the same cemetery, the exhumed remains and the coffin shall be placed in a new airtight coffin;

 (b) in another cemetery, the new airtight coffin, in which the coffin containing the exhumed remains are placed, shall be placed in an outer large case.

(2) The outer large case shall also contain –

 (a) saw dust;

 (b) bran;

 (c) small coral; or

 (d) coarse sand,

soaked in such deodorizer that the Permanent Secretary may determine.

47. (1) Any person who intends to possess a private burial ground shall register such portion of land with the Permanent Secretary.

(2) Before the registering of the portion of land as private burial ground, the Permanent Secretary or his representative shall inspect the site.

(3) The Permanent Secretary may impose such conditions as he may determine for the registration.

(4) Where the Permanent Secretary is satisfied that the conditions imposed under paragraph (3) are satisfied, he may register the portion of land as private burial ground.

48. Every private burial ground shall be –

(a) enclosed by a wall, paling or an impenetrable hedge;

(b) subject to such conditions as may be imposed on a cemetery;

(c) under the immediate care and control of the owner.

49. The dead body of any person may be interred on his property with the permission of the Chief Health Officer after inspection of the proposed burial place by a Sanitary Officer deputed for the purpose:

Provided the property is not situated within any town or village, and be not nearer than the forbidden distances from them, or from any inhabited building, well, stream, river, canal or other source of water supply, all which particulars shall be set forth in the report of the Inspecting Sanitary Officer who shall have examined the locality and its vicinity.

50. Any person who contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 200 rupees.

51. - 52. 

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Central Health Laboratory (Fees) Regulations 2009

[GN 61 of 2009 – 20 June 2009] [Section 193]

1. These regulations may be cited as the Central Health Laboratory (Fees) Regulations 2009.

2. In these regulations –

"authorised officer" has the same meaning as in the Food Act;

"laboratory test" means any analysis, examination or test carried out by the Central Health Laboratory or by any of its subsidiary laboratories;

"registered medical practitioner" means a person registered as a general practitioner or a specialist under section 20 of the Medical Council Act.

3. Subject to regulation 4, the appropriate fees to be levied for a laboratory test shall be as specified in the Schedule.

4. No fee shall be levied where a laboratory test is carried out in respect of the following persons –

(a) government pensioners;

(b) old age pensioners;

(c) persons who are financially assisted through Government funds;

(d) registered unemployed persons;

(e) persons whose salary, wages or earnings, inclusive of any allowance, whether paid daily, monthly or otherwise do not exceed 7,500 rupees per month, unless they are, by virtue of any enactment or any contract of employment, entitled to have medical treatment at their employer's expense.

5. (1) Subject to paragraph (2), the appropriate fees for a laboratory test shall be payable in advance.

(2) The medical officer in charge of the Central Health Laboratory may, in special circumstances, order that a laboratory test be carried out before payment of the appropriate fee.

6. (1) Subject to paragraph (2), every laboratory test shall be carried out at the request of a registered medical practitioner and the result of such test shall be communicated to the registered medical practitioner at whose request the test is carried out.

(2) An authorised officer may, pursuant to the Food Act, request for a laboratory test to be carried out and any result of such test shall be communicated to the authorised officer at whose request the test is carried out.

7. The medical officer in charge of the Central Health Laboratory may refuse that a laboratory test be carried out where the test is not suitable for a satisfactory result.

8. 

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SCHEDULE

[Regulation 3]

FEES
BACTERIOLOGY SAMPLE (Rs)
All swabs M/C/S Swabs 215
Anti-streptolysin O Titre (ASOT) Blood 115
Blood culture and sensitivity Blood 215
Bottled water bacteriological analysis   1,000
Brucella

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