Burial Grounds
BURIAL GROUNDS ACT

CHAPTER 30:50

LAWS OF TRINIDAD AND TOBAGO

Act
14 of 1919

Amended by
39 of 1952

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–18 ..

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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 30:50 Burial Grounds

Index of Subsidiary Legislation

Page

Public Burial Grounds Regulations (GN 190/1953) … … … 6
Rural Districts Private Burial Grounds Regulations (G. 27.12.1919) … 13
Offences in Burial Grounds (San Fernando) Regulations (G. 13.12.1900) … 17
Burial Ground (San Fernando) Regulations (G. 8.9.1932)… … … 18

Note on Omissions

(Subsidiary Legislation made under section 3 and section 7)
Notices establishing public and private burial grounds made under section 3, and Orders for
the discontinuance and closures of burial grounds made under section 7, have been omitted.
(See Current Edition of the Consolidated Index of Acts and Subsidiary Legislation of Trinidad
and Tobago).

Note on Adaptation
1. Certain fees in this Chapter were increased by the Commission under paragraph 4 of the
Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference
in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by
which the President’s approval was signified).

2. Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the
Commission amended certain references to public officers in this Chapter. The Minister’s
approval of the amendments was signified by LN 120/1980, but no marginal reference is made
to this Notice where any such amendment is made in the text.

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Burial Grounds Chap. 30:50 3

CHAPTER 30:50

BURIAL GROUNDS ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Burying in unlicensed ground.
3. Public burial grounds.

Private burial grounds.
4. Regulations.
5. Burial grounds to be under charge of County Council.
6. Notice of licence.
7. Minister may order discontinuance of burials.
8. Recovery of penalties.

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4 Chap. 30:50 Burial Grounds

CHAPTER 30:50

BURIAL GROUNDS ACT

An Act relating to burial grounds.

[6TH JUNE 1919]

1. This Act may be cited as the Burial Grounds Act.

2. It shall not be lawful to bury the dead in any place not
being a licensed burial ground; and any person who buries any
body, or in anywise acts or assists in the burial of any body, in any
place not being a licensed burial ground, is liable to a fine of one
thousand dollars.

3. (1) The Minister may set apart and license as a public
burial ground any parcel of State land or any private property which
may be acquired for the purpose.

(2) The Minister may license as a private burial ground
any parcel of land which any person may desire to set apart for use
as a private burial ground.

4. (1) The Minister may make Regulations for the general
government of burial grounds, whether public or private, which
are not under the charge and control of the Council of any City
or Borough.

(2) The Council of any City or Borough may make
Regulations for the general government of burial grounds which
are under their charge and control.

5. All public burial grounds licensed by the Minister,
other than those under the charge and control of the Council of
any City or Borough, shall be under the charge and control of
the County Council of the county in which they may be
respectively situated.

1950 Ed.
Ch. 12. No. 18.
14 of 1919.

Commencement.

Short title.

Burying in
unlicensed
ground.

Public burial
grounds.

Private burial
grounds.

Regulations.

Burial grounds
to be under
charge of
County Council.
[39 of 1952.]

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Burial Grounds Chap. 30:50 5

6. Notice of the licensing of any place as a burial ground
shall in all cases be forthwith published in the Gazette.

7. Where it appears to the Minister that, for the protection
of the public health, burials in any burial ground should be
discontinued, the Minister may order that, after a time mentioned
in the order, burials in the burial grounds shall be discontinued.
Notice of the time mentioned in the order for the discontinuance
of burials in the burial ground shall be published in the Gazette
one month at least before the order takes effect, and, after the
expiration of the period mentioned in the order, the burial ground
shall cease to be a licensed burial ground.

8. All penalties under this Act and under any Regulations
made thereunder may be recovered, on summary conviction, before
a Magistrate or Justice.

Notice of
licence.

Minister
may order
discontinuance
of burials.

Recovery of
penalties.

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6 Chap. 30:50 Burial Grounds

SUBSIDIARY LEGISLATION

PUBLIC BURIAL GROUNDS REGULATIONS

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation.
2. Interpretation.
3. Plan of public burial ground.
4. Layout of public burial ground.
5. Duties of the Keeper.
6. Keeper to register interments.
7. Coffin level.
8. Graves to be in sections or rows.
9. Offences.

10. One body in each grave.
11. Re-opening of unwalled grave.
12. Permission necessary to remove body.
13. Persons within precincts of public burial ground.
14. Permission to bury dead.
15. Fees and payments.
16. Opening grave without permission.
17. Burial of paupers.
18. Animals in public burial ground.
19. Upkeep of public burial ground.
20. Submission of quarterly statements.
21. Complaints.

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LAWS OF TRINIDAD AND TOBAGO

Burial Grounds Chap. 30:50 7
[Subsidiary]

190/1953.
[51/1980].

Citation.

Interpretation.

Plan of public
burial ground.

Layout of public
burial ground.

Duties of
the Keeper.

PUBLIC BURIAL GROUNDS REGULATIONS

made under section 4

1. These Regulations may be cited as the Public Burial
Grounds Regulations.

2. (1) In these Regulations—
“public burial ground” means a public burial ground licensed as

such under the provisions of the Act and other than one under
the charge or control of the Council of any City or Borough;

“Chief Executive Officer” means the Chief Executive Officer of
the County in which the public burial ground is situated;

“County Council” means the County Council for the County in
which the public burial ground is situated.

(2) The Island-Ward of Tobago shall for all purposes of
these Regulations be deemed to be a County.

3. Each County Council shall be furnished with a plan of
every public burial ground in its County. Each public burial ground
shall have a distinguishing name to be recorded on such plan, shall
be enclosed in such manner as the Minister may direct, and shall
be open daily from daylight to dusk.

4. (1) Every public burial ground shall be laid out in numbered
sections as required, and every such section shall be divided into
allotments, of 5 by 10 feet each, to be consecutively numbered.

(2) A portion of every public burial ground may be set
aside by the County Council for the burial of paupers only.

(3) The County Council may also, in their discretion,
set aside a portion of any public burial ground for any
religious denomination.

5. The Chief Executive Officer shall appoint a Keeper
of each public burial ground, whose duty it will be, under the
direction of the County Council, to see these Regulations carried

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8 Chap. 30:50 Burial Grounds
[Subsidiary] Public Burial Grounds Regulations

out, to superintend and direct the opening of graves, to cause all
interments to be made in such parts as may be laid out and set
apart with as much regularity and uniformity as possible.

6. Books shall be kept by the Keeper, in which shall be
accurately registered the interment of all persons buried, with the
number of the section and allotments, and the date, name and age
of the deceased, and also the name of the officiating minister, or in
his absence, of some person present at the burial.

The Keeper shall furnish certified extracts of such books to
all persons applying on payment to the Keeper (for his own use)
of one dollar for every certificate.

7. No coffin shall be buried in any unwalled grave within six
feet of the ordinary level of the ground, unless it contains the body
of a child under twelve years, when it shall not be less than four
feet below that level.

8. All graves shall be opened in sections or rows at such
distance apart as the County Council may direct and shall be dug
to not less than the following depths below the surface:

(a) four feet for the body of a child under twelve
years of age;

(b) six feet for the body of an adult or the bodies
of two children under twelve years of age in
separate coffins;

(c) eight feet for the bodies of two adults buried in
one grave in separate coffins. In case of burial of
more than two bodies in separate coffins in one
grave, such grave shall be dug to a further depth
of two feet for each such body.

9. Any person who shall inter or cause to be interred any
corpse at a depth of less than four feet, or who shall neglect or
refuse to comply with the directions of the Chief Executive Officer
or Keeper in regard to the opening or filling in of any grave, is
guilty of an infringement of these Regulations and is liable to a
fine not exceeding seventy-five dollars.

Keeper to
register
interments.

Coffin level.

Graves to
be in sections
or rows.

Offences.

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Burial Grounds Chap. 30:50 9
[Subsidiary]Public Burial Grounds Regulations

10. One body only shall be buried in a grave at one time, unless
the bodies be those of members of the same family.

11. No unwalled grave shall be re-opened within seven years
after the burial of a person above twelve years of age, or within
five years after the burial of a child under twelve years of age,
except for the purpose of burying another member of the same
family, in which case a layer of earth not less than one foot thick
shall be left undisturbed above the previously buried coffin; but if
on re-opening any grave, the soil is found offensive, such soil shall
not be disturbed, and the grave shall be at once closed up.

12. (1) No body or remains of a body interred in any public
burial ground shall be disinterred or removed except upon an order
of a Coroner under the Coroners Act, or under a licence of the
Minister in any other case.

(2) Every application for a licence to disinter or remove
a body or remains of a body from any part of any burial ground
shall be in writing addressed to the Minister and shall be
accompanied by a certified copy of the entry in the Register of
Deaths relating to the person whose body or remains it is desired
to disinter or remove.

(3) Every such application shall contain the
following particulars:

(a) the name in full of the deceased person;
(b) the age of the deceased person at death;
(c) the sex of the deceased person;
(d) the date of burial;
(e) the exact purpose for which the exhumation

is required;
(f) the relationship (if any) of the applicant to

the deceased.

(4) Every application must be accompanied by a statutory
declaration that the facts and particulars stated in the application
are true and correct.

One body
in each grave.

Re-opening of
unwalled grave.

Permission
necessary to
remove body.

Ch. 6:04.

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10 Chap. 30:50 Burial Grounds
[Subsidiary] Public Burial Grounds Regulations

(5) In every case where an application for an exhumation
is granted, a fee of ten dollars shall be paid by such applicant to
the Chief Executive Officer under whose direction the exhumation
shall take place, who shall pay the said fee to the credit of the
General Revenue.

(6) Every person to whom a licence is granted under these
Regulations shall take or cause to be taken all such precautions,
and use all such disinfectants, and do all such other acts and things
as the Medical Officer of Health may require with a view to the
prevention of a nuisance.

(7) Every exhumation or removal under any licence
granted under these Regulations shall be carried out under the
direction of the Keeper of the public burial ground wherein the
interment took place, and subject to the supervision of the Medical
Officer of Health.

(8) All expenses incurred for the re-opening of the
grave, and the restoration of the ground to its original condition to
the satisfaction of the Chief Executive Officer shall be paid by
the applicant.

13. Any person who, while within the precincts of any public
burial ground, fails to comport himself in a proper and orderly
manner, or who interrupts any religious service, or attempts in any
manner to profane the sacred character of the place, or who destroys
or in anywise injures tombs, plantations, fences, or enclosures is
guilty of an infringement of these Regulations and liable to a fine
of seventy-five dollars.

14. Applications for permission to bury the dead must be made
to the Chief Executive Officer or to the Keeper and the applicant
must produce to the Chief Executive Officer or to the Keeper the
certificate of the Registrar of the district, in which the death
occurred, referred to in section 31 of the Births and Deaths
Registration Act, to prove that the death has been registered or
that the Registrar has been duly notified of such death, and the
applicant must provide grave diggers and bear all costs of interment.

Persons
within precincts
of public burial
ground.

Permission to
bury dead.

Ch. 44:01.

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Burial Grounds Chap. 30:50 11
[Subsidiary]Public Burial Grounds Regulations

15. (1) The fees and payments payable to the Chief Executive
Officer or the Keeper shall be as follows:

For permission to open a grave: $ ¢.
For each adult … … … … 5.00
For each child under 12 years … … … 2.00

For exclusive right of burial in perpetuity, the right of
constructing any chapel, vault, etc.:

For an allotment 5 by 10 feet … … … 15.00
For an allotment 10 by 10 feet … … … 24.00
For every additional 5 by 10 feet … … … 10.00

All such fees shall be paid to the credit of General Revenue.
(2) If the purchase of an allotment is made within three

years subsequent to the fees being paid for opening a grave therein,
the amount paid for opening such grave shall be deducted from
the purchase money of such allotment.

16. Every person who opens a grave without permission of
the Chief Executive Officer or Keeper, or who having obtained
such permission neglects or refuses to pay the fees above specified,
is guilty of an infringement of these Regulations and liable to a
fine not exceeding seventy-five dollars.

17. Interments in the ground set apart for the burial of paupers
only shall be made under order or certificate from the Chief
Executive Officer and in such cases no fees shall be payable.

18. (1) If any animal is found tethered, wandering, straying
or lying in any public burial ground, the person in charge of such
animal is guilty of an offence against these Regulations and
liable on summary conviction to a fine of forty dollars unless he
proves to the satisfaction of the Court before which he is charged
that he had taken proper precautions to prevent the commission
of such offence.

(2) In this regulation “animal” has the same meaning
as is assigned to the expression “poundable animal” in the
Pounds Act.

Fees and
payments.
[51/1980].

Opening
grave without
permission.

Burial of
paupers.

Animals
in public burial
ground.

Ch. 67:03.

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LAWS OF TRINIDAD AND TOBAGO

12 Chap. 30:50 Burial Grounds
[Subsidiary] Public Burial Grounds Regulations

Upkeep of
public burial
ground.

Submission
of quarterly
statements.

Complaints.

19. The Keeper shall keep the public burial ground under his
charge clean and in proper order. If any such Keeper shall
knowingly and wilfully allow any infringement of these
Regulations, he is liable to a fine of forty dollars.

20. The Chief Executive Officer shall submit quarterly
statements to the County Council giving particulars of all matters
dealt with by him or by the Keeper in terms of these Regulations.
The County Council may issue such instructions thereon as they
may think necessary or desirable.

21. Any person having complaints about the administration
of a public burial ground may make such complaint in writing
addressed to the Clerk of the County Council. The County Council
or the appropriate Committee thereof shall consider the
representation and the County Council shall give such instructions
to the Chief Executive Officer as they think necessary or desirable.

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Burial Grounds Chap. 30:50 13
[Subsidiary]

RURAL DISTRICTS PRIVATE BURIAL
GROUNDS REGULATIONS

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.
2. Application for licence.
3. Plan of burial ground.
4. Register to be kept.
5. Inspection.
6. Upkeep.
7. Notice of burial to be given.
8. Coffin level.
9. Depth of grave.

10. One body in each grave.
11. Re-opening of unwalled grave.
12. Permission to re-open unwalled grave.
13. Contravention of Regulations.

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14 Chap. 30:50 Burial Grounds
[Subsidiary]

RURAL DISTRICTS PRIVATE BURIAL
GROUNDS REGULATIONS

made under section 4

1. These Regulations may be cited as the Rural Districts
Private Burial Grounds Regulations.

2. Every application for the licence of a private burial ground
shall be made through the Chief Executive Officer of the County.

Such application shall contain detailed particulars of the
situation of the proposed burial ground, its area, boundaries and
relations to dwellings, and shall be accompanied by a plan of the
parcel of land to be used as a private burial ground.

3. Every owner of a licensed private burial ground shall
within three months of the making of these Regulations, furnish
the Chief Executive Officer of the County with a plan of such
burial ground, showing its situation, area and boundaries.

4. The Chief Executive Officer shall keep a register
containing particulars of all private burial grounds within
his County. The register shall be in the following form:

G. 27/12/19.
[56/1947].

Citation.

Application
for licence.

Plan of
burial
ground.

Register to
be kept.

COUNTY

No. Owner
Area and

boundaries

Exact
situation
of burial
ground

Date
licensed by

Minister

Remarks.
Date of

discontinuance
of burials

ordered by
Minister

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Burial Grounds Chap. 30:50 15
[Subsidiary]Rural Districts Private Burial Grounds Regulations

Inspection.

Upkeep.

Notice of burial
to be given.

Ch. 44:01.

Coffin level.

Depth of grave.

One body
in each grave.

Re-opening
of unwalled
grave.

5. The Chief Executive Officer and any person authorised
in writing by him may at any reasonable time enter and inspect
any private burial ground in his County.

6. The owner of every private burial ground shall take proper
steps to keep such burial ground in a clean and sanitary condition
to the satisfaction of the Chief Executive Officer.

7. (1) Such owner shall give previous notification to the
Chief Executive Officer of the district in which the private burial
ground is situated of every burial which is to take place therein.

Such notification shall be accompanied by the certificate of
the Registrar of the district in which the death occurred, referred
to in section 31 of the Births and Deaths Registration Act.

(2) Such owner shall keep or cause to be kept books in
which shall be accurately recorded the interment of every person
buried in the private burial ground, the name, age and usual place
of residence of the deceased, the dates of his death and burial, and
the name of the officiating clergyman or, in his absence, of some
responsible person present at the burial.

8. No coffin shall be buried in any unwalled grave within
four feet of the ordinary level of the ground unless it contains the
body of a child under twelve years, when it shall not be less than
three feet below that level.

9. All graves shall be dug to a depth of not less than four feet
from the surface. Any person who shall inter or cause to be interred
any corpse at a depth of less than four feet or who shall neglect or
refuse to comply with the directions of the Chief Executive Officer
in regard to the opening or filling in of any grave, is guilty of an
infringement of these Regulations.

10. One body only shall be buried in a grave at one time, unless
the bodies be those of members of the same family.

11. No unwalled grave shall be re-opened within seven years
after the burial of a person above twelve years of age, except for

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16 Chap. 30:50 Burial Grounds
[Subsidiary] Rural Districts Private Burial Grounds Regulations

the purpose of burying another member of the same family, in
which case a layer of earth not less than one foot thick shall be left
undisturbed above the previously buried coffin; but if on re-opening
any grave, the soil is found to be offensive, such soil shall not be
disturbed, and the grave shall be at once closed up and in no case
shall human remains be removed from the grave.

12. (1) Every application for permission to re-open an
unwalled grave for the purpose of exhumation after the expiration
of seven years from the date of burial in the case of a person above
twelve years of age and five years after the burial of a child under
twelve years of age shall be in writing and addressed to the Minister.

(2) Every such application shall contain the
following particulars:

(a) the name in full of the deceased person;
(b) the age of the deceased person at death;
(c) the sex of the deceased person;
(d) the date of burial;
(e) the exact purpose for which the exhumation

is required;
(f) the relationship (if any) of the applicant to

the deceased,
and be accompanied by a copy of the Registrar’s certificate of
death and a medical certificate stating that the deceased whose
remains it is proposed to exhume did not die from any infectious
disease; and such application may be approved by the Minister.

(3) In case the remains of a deceased person have been
placed in a properly closed leaden coffin, the exhumation may be
permitted at any time subject to the production of the certificates
as required in subregulation (1).

13. Any person who contravenes any of the above regulations
is liable on conviction to a fine not exceeding one hundred dollars.

Permission to
re-open
unwalled grave.

Contravention
of Regulations.

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Burial Grounds Chap. 30:50 17
[Subsidiary]

OFFENCES IN BURIAL GROUNDS (SAN FERNANDO)
REGULATIONS

made under section 4

1. These Regulations may be cited as the Offences in Burial
Grounds (San Fernando) Regulations.

2. No person shall be allowed to climb or pass over, or pass
through any railing, fence, gate or turnstile at, in or around any
of the burial grounds, except through a gate or turnstile lawfully
open at the time. All gates and turnstiles shall be closed daily from
7.00 p.m. of one day to 6.00 a.m. of the following day, except at
such other time as the Corporation shall sanction.

3. No person shall damage or destroy any grave, monument,
headstone, cross or other memorial to the dead, or any building,
notice board, ornamental railing, gate or fence at, in, or around
any of the burial grounds, grave, monument, headstone, cross
or tomb.

4. No person shall steal, cut, break, root up, or otherwise
damage, or destroy the whole or any part of any tree, sapling, shrub
or flower growing in any of the burial grounds.

5. No person shall steal, remove, damage or destroy any floral
wreath, or other decoration, temporary or permanently placed on,
or around any grave, monument, headstone, cross, tomb or railing.

6. No person shall behave in any riotous, violent, disorderly
or indecent manner at any burial in any of the burial grounds, or
wilfully obstruct any such burial or any religious service held at
any such burial in any of the burial grounds.

7. Every person who commits any breach of the foregoing
regulations in any of the burial grounds within the limits of the
City of San Fernando shall be liable to a fine of one hundred dollars
or in default, to imprisonment for one month.

G. 13/12/1900.

Citation.

Entry to
burial grounds.

Destroying
graves, etc.

Damaging
foliage.

Damaging
wreaths, etc.,

Indecent
behaviour.

Breach of
regulations.

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18 Chap. 30:50 Burial Grounds
[Subsidiary]

BURIAL GROUND (SAN FERNANDO) REGULATIONS

made under section 4(2)

1. These Regulations may be cited as the Burial Ground (San
Fernando) Regulations.

2. (1) The Council may order the removal of any body or
the remains of any body in any burial ground under their control
from one part of such burial ground to the other.

(2) Such removal shall be ordered only where it has been
found, after enquiry, that the allotment in which such deceased
person was interred was not available for the purpose, and that the
deceased person did not die of any infectious disease.

G. 8/9/32.

Citation.

Removal of
body.

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