State Act

The Mumbai Municipal Corporation Act.

440. Burials within places of worship and exhumations not to be made without the permission of the Commissioner.— (1) No person shall without the written permission of the Commissioner under sub-section (2)— (a) make any vault or grave or internment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship; (b) make any internment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 438; (c) build, dig, or cause to be built or dug, any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse as any place which is not registered in the register kept under section 435; (d) exhume any body except under the provisions of section 176 of 1[the Code of Criminal Procedure, 1973 (2 of 1974),] or of any other law for the time being in force, from any place for the disposal of the dead. (2) The Commissioner may in special cases grant permission for any of the purposes aforesaid, subject to such general or special order as the 2[3[State] Government] may from time to time make in this behalf. (3) An offence against this section shall be deemed to be a cognizable offence within the meaning of sections 149,150 and 151 of 4[the Code of Criminal Procedure, 1973 (2 of 1974).]