CHAPTER 29:02
WAR GRAVES

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Power to vest control of war graves and cemeteries in Commission

   4.   Powers of Commission

   5.   Protection of private rights

   6.   Exclusive right of burial

   7.   Power to remove bodies from war graves

   8.   Offences in relation to war graves

   9.   Penalty

12 of 1967

An Act to provide for the Control of War Graves

[28TH JULY 1967]

1.   Short title

   This Act may be cited as the War Graves Act.

2.   Interpretation

   In this Act—

   “the Commission” means the Commonwealth War Graves Commission, a body corporate constituted by Royal Charter of the United Kingdom of the 21st May, 1917;

   “war grave” means a grave which has been accepted by the Commission as a grave within the purposes of the said Charter and of a Supplemental Charter of the 8th June, 1964.

3.   Power to vest control of war graves and cemeteries in Commission

   The Minister may from time to time, by notice published in the Gazette, vest in the Commission—

   (a)   the control of all or any war graves in Malawi or in any area of Malawi, whether on public, private or customary land;

   (b)   the control of any piece of public or customary land containing war graves (in this Act referred to as a war grave cemetery); and

   (c)   the control of any piece of land for the erection by the Commission of a War Memorial elsewhere than in a war grave cemetery.

4.   Powers of Commission

   The Commission shall, subject to the general or special directions of the Minister, have all powers necessary or convenient for the fulfilment of their purposes and in particular for maintaining any war grave or war grave cemetery under their control in proper order and for maintaining and improving the appearance and amenities of the grave or cemetery. Such powers include the power to enclose the grave or cemetery and to erect and maintain thereon or therein gravestones, tablets, or monuments of any description.

5.   Protection of private rights

   (1) Where a war grave is situated on private land, the Commission shall before entering thereon give at least twenty-four hours notice to the occupier, if any, and shall, as far as possible, consult his convenience, and shall compensate him for any actual damage caused to him by the exercise of their powers.

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