PUNJAB GRAVEYARDS (PRESERVATION AND MAINTENANCE) ACT, 1958

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THE PUNJAB GRAVEYARDS (PRESERVATION AND 
MAINTENANCE) ACT, 1958 
(XXV of 1958) 
CONTENTS 
1. Short title, extent and commencement. 
2. Definitions. 
3. Constitution of a Committee. 
4. Committee to investigate and report. 
5. Preliminary notification. 
6. Application for exclusion of land from the area of graveyard. 
7. Appointment of a Tribunal. 
8. Nature of orders on establishment of title. 
9. Nature of order when title not established. 
10. Steps taken on non-compliance of order under section 9. 
11. Appeal. 
12. Final notification of defining limits of graveyard. 
13. Graveyard to be a trust. 
14. Functions of the Committee. 
15. Committee to prepare scheme for graveyard. 
16. Committee and the Tribunal to exercise powers under the Civil 
Procedure Code, 1908. 
17. Government to provide funds for compensation. 
18. Contribution by local bodies. 
19. Rules. 
20. Penalties. 
21. Cognizance of offences under the Act. 
22. Dissolution of Committee. 
TEXT 
1
THE 
2
[PUNJAB] GRAVEYARDS (PRESERVATION AND MAINTENANCE) 
ACT, 1958 
(XXV of 1958) 
[24 April 1958] 
An 
Act 
to provide for the preservation and maintenance of graveyards in 
3
[the Punjab]. 
Preamble.– WHEREAS it is expedient to make provision for the preservation and 
maintenance of graveyards in 
4
[the Punjab]; 
 It is hereby enacted as follows:– 
1. Short title, extent and commencement .– (1) This Act may be called the 
5
[Punjab] Graveyards (Preservation and Maintenance) Act, 1958. 
 (2) It extends to the graveyard known as the Miani Sahib Grave yard, 
Lahore, and the Government may, by notification, extend all or any of the provisions 
of this Act, to any other graveyard
6
 in 
7
[the Punjab]. 
 (3) It shall come into force at once. 
2. Definitions.– In this Act, unless there is anything repugnant in the  subject or 
context,– 
(1) “building” includes a building as defined in the City of Lahore 
Corporation Act, 1941
8
, and in the Punjab Municipal Act, 1911
9
; 
(2) “Committee” means a Committee constituted under section 3 of this 
Act; 
                                                           
1For Statement of Objects and Reasons, see Gazette of West Pakistan (Extraordinary), dated January  27, 1957, p. 231. This 
Act was passed by the West Pakistan Assembly on April  3, 1958, assented to by the Governor of West Pakistan on April  19, 
1958, published in the Gazette of West Pakistan (Extraordinary), dated April 24, 1958, pp. 657-663. 
2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 19 74) (w.e.f. 14.8.1973), 
published in the Punjab Gazette (Extraor dinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with  
Schedule, Part III, Serial No.10.  
3Ibid.  
4Ibid.  
5Ibid.  
6Extended vide Social Welfare and Local Government Department Notification No. W/34-3/58, dated March 25, 1959 to Ichhra, 
Moghalpura, Baghbanpura, Garhi Shahu and Dharampura graveyards, published in the Gazette of West Pakistan 
(Extraordinary), dated April 17, 1959, Part 1-A, p. 81. 
7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of  1974) (w.e.f. 14.8.1973), 
published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp.  1425-A-1425-PP, Article 2(1) read with  
Schedule, Part III, Serial No.10.  
8Punjab XV of 1941, repealed by the Municipal Administration Ordinance, 1960 (X of 1960), published in the Gazette of 
Pakistan (Extraordinary), dated November 4, 1960, pp. 393-451, s. 4 read with First Schedule.  
9Punjab III of 1911, repealed by the Municipal Administration Ordinance, 1960 (X of 1960), published in the Gazette of Pakistan 
(Extraordinary), dated November 4, 1960, pp.393-451, s.4 read with First Schedule. 
(3) “Government” means the 
1
[Provincial Government of the Punjab]; 
(4) “graveyard” means a graveyard to which all or any of the provisions of 
this Act, have been extended; 
(5) “High Court” means the 
2
[High Court of the Punjab]; 
(6) “land” includes land defined in the Land Acquisition Act, 1894
3
; 
(7) “prescribed” means prescribed by rules made by the Government 
under this Act; and 
(8) “Tribunal” means a Tribunal constituted under section 7 of this Act. 
3. Constitution of a Committee.– (1) As soon as may be, after the enforcement 
of th is Act, or the extension of all or any of the provisions of this Act, to any 
graveyard, the Government shall appoint for one or more of such graveyards a 
Committee
4
 which shall consist of a Chairman, and such number of other official and 
non-official members as may from time to time be specified by the Government. 
 (2) Each such Committee shall be a body corporate, and shall have 
perpetual succession and a common seal, with power to acquire and hold property, 
and to contract and do all things necessary for carrying out the purposes of this Act, 
and may sue and be sued in its corporate name. 
4. Committee to investigate and report .– Within such period as may be fixed
5
 
by the Government in this behalf, the Committee shall investigate and report 
regarding– 
(1) the area of the graveyard according to the various settlement records; 
(2) the area of the encroachments; 
(3) the nature and extent of the encroachment made by each person and 
the probable time of the commencement of the encroachment; 
(4) the rights possess ed by the encroachers with regard to the land 
encroached upon by them; 
(5) the amount of compensation likely to be paid for the removal of the 
encroachments; 
(6) the area which shall be declared to be the area of the graveyard; and 
(7) any other matter which the Government may specify. 
5. Preliminary notification.– When a report under section 4 has been received 
the Government shall issue a preliminary notification defining the limits of the area 
                                                           
1Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (I of 19 74) (w.e.f. 
14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 20, 1974, pp. 1425-A-1425-PP, Article 2(1) read 
with Schedule, Part III, Serial No.10.  
2Substituted for the words “High Court of West Pakistan” by the Order ibid.  
3I of 1894.  
4Committee was constituted vide Social Welfare  and Local Government Department Notification No. W/34 -3/58, dated March 
25, 1959 to Ichhra, Moghalpura, Baghbanpura, Garhi Shahu and Dharampura graveyards, published in the Gazette of West 
Pakistan (Extraordinary), dated April 17, 1959, Part 1-A, p. 81. 
5Fixed ibid. 
proposed to be declared as the area of the graveyard specifyi ng the encroachments 
and requiring, within a time to be specified, the removal of all encroachments from 
that area. 
6. Application for exclusion of land from the area of graveyard.– Any person 
who claims to have acquired any title to any land or property i ncluded within the 
limits defined in the notification issued under section 5, may within three months of 
the date of such notification, apply to the Government for the exclusion of such land 
or property from the area of the graveyard. 
7. Appointment of a T ribunal.– The Government shall appoint a Tribunal
1
 
consisting of a person who is, has been or is qualified to be appointed a District and 
Sessions Judge to dispose of the applications presented under section 6 in 
accordance with the provisions of sections 8 and 9. 
8. Nature of orders on establishment of title .– (1) If the Tribunal is satisfied 
that the title of any person, who has applied under section 6, to any land or property 
included within the limits defined in the notification issued under section 5, has been 
established, it shall pass an order excluding such land or property from the area of 
the graveyard. 
 (2) The Government may, within one year from the date of an order under 
sub-section (1), declare by notification in the Official Gazette, that the  land or 
property or any part thereof excluded from the area of the graveyard under sub -
section (1) is required for the purpose of graveyard and after making such 
declaration, acquire the land or the property, as far as may be, in accordance with 
the provisions of the Land Acquisition Act, 1894
2
. 
9. Nature of order when title not established .– If the Tribunal is satisfied that 
the title of any person, who has applied under section 6, to any land or property 
included in the area defined in the notification i ssued under section 5 has not been 
established, it shall pass an order rejecting the application and directing such person 
to hand over possession of the land or property to the Committee within such period 
as may be specified in the order: 
 Provided that if the property includes a building the Tribunal shall fix a period, 
not exceeding nine months within which such person shall remove the building 
materials. 
10. Steps taken on non -compliance of order under section 9 .– If an order 
made under section 9 is no t complied with, within the period specified in the order, 
the Tribunal may require the District Magistrate of the district to take such steps, 
including the forcible removal from such land or property of all the occupiers thereof, 
as may be necessary to p ut the Committee in possession of the land or property, 
and the District Magistrate shall act accordingly. Any expenses incurred on such 
forcible removal shall be recoverable from such occupiers as arrears of land 
revenue. 
                                                           
1Appointed the Chairman of the Tribunal constituted for the Lahore Improvement Trust as the Tribunal for the purposes of all 
graveyards under the Jurisdiction of the Lahore graveyards committee vide Notification No. W/34 -3/58, dated March 25, 
published in the Gazette of West Pakistan (Extraordinary), dated April 17, 1959, Part 1-A, p. 81. 
2I of 1894.  
11. Appeal.– Any person aggrieved  by a final order passed by the Tribunal in 
proceedings under sub-section (1) of section 8 or section 9 or 10 may appeal to the 
High Court within one month of the date of the order and any order passed by the 
High Court in appeal shall be final. 
12. Final notification of defining limits of graveyard .– When all applications 
presented under section 6 have been disposed of by the Tribunal the Government 
shall issue a final notification defining the limits of the area of the graveyard. 
13. Graveyard to be a tru st.– The possession of the entire land and property 
comprising the graveyard as defined in the notification issued under section 12 shall 
vest in the Committee and shall be held by it in trust for use as a graveyard and for 
such other ancillary purposes as  may, in the opinion of the Government, be 
necessary for the proper maintenance of the graveyard. 
14. Functions of the Committee .– The Committee shall, subject to the control 
and superintendence of the Government– 
(1) protect the graveyard from encroachments; 
(2) maintain the graveyard in a fit and proper condition and take steps to 
improve it; 
(3) employ and pay such staff as may be necessary; and 
(4) do all such acts and things as may be necessary for the preservation 
and proper maintenance of the graveyard. 
15. Committee to prepare scheme for graveyard .– (1) The Committee shall 
draw up for the graveyard a scheme which may, among other things, provide for the 
following matters, namely:– 
(a) the specification of areas to be used as burial grounds; 
(b) the l aying out of streets and open spaces and the provision of other 
amenities; 
(c) the regulation of the design and structure of graves; 
(d) the use to which the land not immediately required for the purpose of a 
burial ground may be put; and 
(e) any other mat ter which may be necessary for the preservation and 
proper maintenance of the graveyard. 
 (2) The Government may reject the scheme drawn up by the Committee, 
may return it for further consideration or may sanction it with such modifications or 
additions as it may think fit. 
 (3) Nothing in this section shall preclude the Government from cancelling 
or modifying any scheme sanctioned under sub -section (2) or the Committee from 
drawing up a fresh or modified scheme. 
16. Committee and the Tribunal to exercise p owers under the Civil 
Procedure Code, 1908 .– (1) In relation to proceedings under this Act, the  
Committee and the Tribunal shall have the same powers which are vested in a Court 
under the Code of Civil Procedure, 1908
1
, for the following matters:– 
(a) discovery and inspection; 
(b) enforcing the attendance of witnesses and requiring the deposit of their 
expenses;  
(c) compelling the production of documents; 
(d) examining witnesses on oath and receiving other evidence; 
(e) granting adjournments; 
(f) reception of evidence taken on affidavit; and  
(g) issuing commissions for the examination of witnesses. 
 (2) The Committee, or the Tribunal, may summon and examine, of its own 
accord, any person whose evidence appears to be material in any proceedings and it 
shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of 
the Code of Criminal Procedure, 1898
2
. 
 (3) The provisions of the Evidence Act, 1872
3
, shall be deemed to  apply, 
so far as may be, to all proceedings before the Committee and the Tribunal. 
17. Government to provide funds for compensation .– The Government shall 
place at the disposal of the Committee such funds as may be necessary for the 
payment of compensation under section 8 and for the proper management of the 
graveyard. 
18. Contribution by local bodies .– The Government may require any local 
authority to pay such annual contributions to the Committee, for the maintenance of 
the graveyard, as may be fixed from time to time. 
19. Rules.– (1) The Government may make rules for the purposes of carrying into 
effect the provisions of this Act. 
 (2) In particular and without prejudice to the generality of the foregoing 
power, such rules may provide for all or any of the following matters, namely:– 
(a) the regulation of the procedure and con duct of business by the 
Committee and the Tribunal; 
(b) the constitution of the Committee, its powers and functions, the term of 
office of members and the resignation and removal of members and 
the appointment of the Chairman and Vice-Chairman of the Committee; 
(c) the employment of staff by the Committee and their conditions of 
service; 
(d) the manner in which the funds required by the Committee shall be 
raised and spent; 
                                                           
1V of 1908.  
2V of 1898.  
3I of 1872, repealed by the Qan un-e-Shahadat, 1984 (P.O. No. 10 of 1984), published in the Gazette of Pakistan 
(Extraordinary), dated October 28, 1984, pp. 587-642.  
(e) the maintenance of accounts by the Committee and an audit thereof; 
(f) the manner in which schemes under section 15 shall be framed; and 
(g) the manner in which the Government shall control and supervise the 
activities of the Committee. 
20. Penalties.– Any person who, after the extension of all or any of the provisions 
of this Act, to a graveyard:– 
(a) makes an encroachment or erects any building in an unauthorised 
manner in any part of the area of the graveyard; 
(b) puts any land or property within the limits of the graveyard to any use 
not in conformity with this Act, or any rules or a scheme thereunder; 
(c) damages any land or property included in the area of the graveyard; or 
(d) commits a breach of any of the provisions of this Act, or the rules or a 
scheme framed thereunder;  
shall, on conviction by a Magistrate, be punished with i mprisonment of either 
description for a term which may extend to three months, or with fine which 
may extend to one thousand rupees, or with both. 
21. Cognizance of offences under the Act .– No court shall take cognizance of 
an offence under this Act, excep t on the complaint of a person authorised by the 
Government in this behalf.  
22. Dissolution of Committee.– The Government may, at any time, dissolve the 
Committee, and transfer its assets and liabilities and entrust its functions and powers 
to a local authority.