The War Graves Act

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CHAPTER 236
THE WAR GRAVES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
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.

tection 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.

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1. This Act may be cited as the War Graves Act. 2. In this Act, unless the context otherwise requires-
“Commission” means the Commonwealth War Graves
Commission1 a body corporate constituted by the Royal
Charter of the 21st May, 1917, and so entitled by virtue of
a Supplemental Royal Charter of the 28th March, 1960;
“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 August 10th,
1921. 3. The President may by notice published in the Gazette, vest
in the Commission-
(a) the control of all or any war graves in Tanzania or in
any area of Tanzania, whether on public or private land;
(b) the control of any piece of public 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.

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.

1 Any reference to the Imperial War Graves Commission in any notice issued,
power conferred or approval given under the War Graves Act shall be deemed
to be a reference to the Commonwealth War Graves Commission. Short title
Interpretation
Ord. No. 40 of 1960 s. 2
Power to vest
control of war
graves and
cemeteries in
Commission
Ord. No. 40 of 1960s. 3
CHAPTER 236
THE WAR GRAVES ACT
An Act to provide for the control of war graves. [1st February, 1924]
Ords. Nos. 3 of 1924
40 of 1960
Act No. 9 of 1969

CHAPTER 236
THE WAR GRAVES ACT
An Act to provide for the control of war graves. [1st February, 1924]
Ords. Nos. 3 of 1924
40 of 1960
Act No. 9 of 1969

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.657
THE WAR GRAVES ACT [CAP. 236 R.E. 2023]
4. The Commission shall have all powers necessary or
convenient for the fullfilment of their purposes and in
particular for maintaining any war grave or war grave cemetery
under their control in proper order and for beautifying the
grave or cemetery, and, in particular, power to enclose the
grave or cemetery and to erect and maintain thereon or therein
gravestones, tablets or monuments of any description. 5.–(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 at his convenience, and shall compensate him
for any actual damage caused to him by the exercise of their
powers. (2) In the event of dispute the amount of such compensation
shall be fixed by the President whose decision shall be final.

e exercise of their
powers. (2) In the event of dispute the amount of such compensation
shall be fixed by the President whose decision shall be final.

(3) Nothing in this Act shall affect the right of the owner
of any grave in a war grave cemetery, not being a war grave,
to have access to and maintain such grave, or confer on the
Commission any right to interfere with any such grave or
gravestone, tablet or monument thereon. 6.–(1) The Commission shall have the exclusive right of burial
in all war graves under their control. (2) The President may confer on the Commission the
exclusive right of burial in any vacant space in a war grave
cemetery under their control. (3) A person shall not, except with the consent of the
Commission, bury anybody in any war grave or in any vacant
space in any war grave cemetery in which the Commission
have the exclusive right of burial. 7. Where the Commission is satisfied that by reason of its
situation or for any other reason a war grave cannot be
properly maintained in its present position, they may, with the
consent of the President and subject to such conditions as he
Powers of
Commission
Protection of
private rights
Exclusive right of
burial
Power to remove
bodies from war
graves

nd subject to such conditions as he
Powers of
Commission
Protection of
private rights
Exclusive right of
burial
Power to remove
bodies from war
graves

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WAR GRAVES ACT [CAP. 236 R.E. 2023]
658
may impose, remove the body from the war grave and re-inter
it in any place approved by the President for the purpose:
Provided that-
(a) the body of a Hindu shall, instead of being re-interred, be
cremated in the manner customary among Hindus; and
(b) the Commission shall, before removing a body,
endeavour to obtain the consent of the widow, if any,
of the deceased, or, if there is no widow, of one of his
next-of-kin, and shall not remove the body if they are of
opinion that the removal will be against the wishes of the
widow, or, if there is no widow, of the next-of-kin. 8.–(1) A person shall not wilfully destroy, injure, defile,
disfigure or deface any building, wall, fence, gate, tree, plant,
monument, tablet, inscription or gravestone belonging to or
under the control of the Commission. (2) A person shall not without the consent of the Commission
disturb the soil of any war grave under their control, or without
lawful title, the soil of any war grave cemetery under their control.

the Commission
disturb the soil of any war grave under their control, or without
lawful title, the soil of any war grave cemetery under their control.

(3) A person shall not obstruct the Commission or any
servant or agent of the Commission in the exercise of their
powers or rights under this Act. (4) The provisions of this section shall not apply to a duly
authorised person doing any act or thing in accordance with
any power conferred or duty imposed upon him by or under
the Graves (Removal) Act. 9. A person who contravenes or attempts or abets the
contravention of the provisions of this Act commits an offence
and on conviction shall be liable to a fine not exceeding five
hundred shillings or to imprisonment for a term not exceeding
six months or to both. Offences in
relation to war
graves
Act No. 9 of 1969 s. 12
Cap. 72
Penalty