Malaysia legislation

Section 42

of Protection of Public Health Ordinance, 1999

Section 42

(2)

Notwithstanding subsection (1), the Minister may permit the burial of a deceased person at such other place as deemed suitable for burial.

Unlawful burials 43.—

(1)

No person shall bury or cremate or cause or procure or suffer to be buried or cremated any corpse in or upon any place, not

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being a place where burial or cremation is permitted under this

Ordinance or prepare any such place to be used for the burial or cremation of any corpse.

(2)

A public health officer may, by notice in writing, require any person who has been convicted of an offence under this section to remove within fourteen days—

(a)

the corpse in respect of the unlawful interment of which he has been convicted from the place in which it has been buried, to a lawful burial ground; and

(b)

any structure which has been erected at such place.

(3)

If, within fourteen days, the person convicted produces to the public health officer a licence granted under section 42, the notice may be cancelled.

(4)

Any person who refuses or neglects to comply with a notice issued under subsection (2) shall be guilty of an offence and the public health officer may proceed to authorize any person to carry the notice into execution at the expense of the person so refusing or so neglecting to comply with the notice and to hire or employ proper persons for that purpose and may recover such expenses in the manner provided by law for the levy of fines imposed by a court.

Power to close cemeteries, etc.

Section 42 — Protection of Public Health Ordinance, 1999