Section 64 in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual
64. Management of graveyard and cremation ground.
- Graveyards and cremation ground vested in Gram Sabha can be roughly divided into two categories, that is recorded and unrecorded. So far as recorded graveyards etc. are concerned, Bhumi Prabandhak Samiti ought not object to the customary and traditional use of this land by the concerned community. No restriction must.be imposed by Samiti in burying or burning the corpse on such lands. They are also not entitled to cut and sell the trees standing on such lands to the detriment of the recognised customary user. Trees standing on such land must be allowed to be used to prepare planks or provide fuel for the burial and cremation, as the case may be, of unclaimed corpse or corpse of poor. The produce of the trees shall not be auctioned by the Bhumi Prabandhak Samiti but will be utilised according to customs for graveyard, cremation ground and other charitable purposes. [Vide G.O. No. 1472-A-Z/I-A-1037-A-53, dated 28th October, 2958].So far as unrecorded graveyards are concerned, there are decrees of certain civil courts in certain cases holding particular lands to be graveyards or cremation grounds but said decrees have not been effected so far in village papers. Such unrecorded graveyards or cremation grounds covered by the decrees of civil courts must be, after necessary formalities of law, recorded in such as land is recorded in the khatauni under sub-clause (iii) of clause (6) of Para A-124 of Land Records Manual [See Nazim Husain's Uttar Pradesh Land Records Manual, Part 1 to 11]. If there is no decree of civil court to this effect, matter shall be disposed of in the following manner :(a)If there is not dispute and the Bhumi Prabandhak Samiti agrees that particular land is graveyard or cremation ground, still that is not recorded such as in revenue papers, after the satisfaction of the Sub-Divisional Officer, that land is actually grave-yard or cremation ground, necessary entries in relevant papers should be made that said land is graveyard or cremation ground.(b)If there is dispute on this point that certain land is graveyard etc. or not and land has not been recorded as waste land, abadi or path, matter, should, after the Sub-Divisional Officer has taken such action under the Code of Criminal Procedure, 1973 as is necessary to preserve breach of peace in the locality, left to the Courts to decide.(c)If there is dispute of the nature as mentioned in item (b) above and land is uncultivated land outside the holding area, and vested in Gram Sabha of the circle, formal action of correction of papers should be started on the applications of the claimants. Sub-Divisional Officer can, after the evidence of applicant and Gram Sabha and spot inspection, if necessary, pass necessary order regarding the correction of papers. [Vide G.O. No. 181/I-A-2-1 (2)-67, dated 23rd May, 1968].After recording the land as graveyard and cremation ground in village papers, the Bhumi Prabandhak Samiti must start action for ejectment of persons, who have illegally or forcibly occupied the same, under Rules 115-C to 115-H of U. P. Zamindari Abolition and Land Reforms Rules. If any land is customary cremation ground or graveyard, to which Section 212 of U. P. Zamindari Abolition and Land Reforms-Act applies, and included in holding, action under Section 212-A of the said Act should be taken promptly.Plantation of Trees
