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Section 165: Exhumation and removal of body

Public Health Act · PART XI: CEMETERIES

consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

165. Exhumation and removal of body (1) The President may, where he thinks it expedient for the execution of any public purpose— (a) authorise the removal of a dead body or human remains from a grave whether in an authorised cemetery or elsewhere; (b) by order under his hand, direct the removal under paragraph (a) to be made in such manner as he thinks fit. (2) (a) No order shall be made in respect of a grave situated in an authorised cemetery until 6 months’ notice of the intention to make it has been given by notification in the Gazette. (b) Copies of the notice shall be posted at or near the grave, and sent by registered post to the legal personal representative or next of kin of the person buried, if his address can be ascertained. (c) – (3) Where an order is made directing a removal from a grave elsewhere than in an authorised cemetery, due notice of the order shall, as far as possible, be given to the legal representative or next of kin of the person buried before the work of removal is undertaken. [Issue 1] P49 – 42 Revised Laws of Mauritius (4) (a) Government shall make proper and fitting arrangements for— (i) the reinterment in an authorised cemetery of a body or human remains removed under this section; (ii) the removal and re-erection of any monument. (b) All charges incurred under paragraph (a) shall be defrayed out of the Consolidated Fund. [S. 165 amended by Act 48 of 1991.]

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