Power of Executive Magistrate

General202518 sections

Statutory text

(1) The Executive Magistrate concerned, after receiving the information under section 6, shall give a notice to a family member of the deceased for taking custody of the dead body and to perform the last rites of the dead body.
(2) Whenever, an Executive Magistrate is satisfied on a report of a police officer or the response received to the notice issued under sub-section
(1) that the family member is not willing to perform the last rites of the dead body, he shall issue an order to the family member to perform the last rites of the dead body within such time, as mentioned in the order, which shall not be later than twelve hours, and also to remove the unlawful obstruction, if any, from public place with immediate effect: Provided that the Executive Magistrate may, if unlawful obstruction is removed, extend the time to perform the last rites of the dead body, if he is satisfied that the family member has sufficient reasons for the same: Provided further that if the family member does not perform the last rites of the dead body within the specified period or the extended period, the Executive Magistrate shall direct any officer of the Urban Local Body or Gram Panchayat concerned or any other officer, as he deems fit, to perform the last rites within the next twelve hours.
(3) The order made by the Executive Magistrate under sub-section
(2) shall not be called in question in any Court of law.

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