Terms and Conditions
A. DEFINITIONS
A-1 Applicant — One who has made application for interment of cremated remains.
A-2 Diocese - Anglican Diocese of Kuching
A-3 Anglican Church — refer to the churches in the Anglican Diocese of Kuching.
A-4 Church - refer to the Anglican Church and member churches under Association of Churches, Sarawak
A-5 Bishop - the Bishop of Kuching, who has episcopal authority over Anglicans in Sarawak and Negara Brunei Darussalam.
A-6 Chaplain - Priest assigned to the columbarium by the Bishop
A-7 Columbarium Staff — the administrative and clerical staff members employed by the Bishop to operate the columbarium.
A-8 Administrator - the person appointed to lead the columbarium staff.
A-9 Diocesan Columbarium Management Committee — The Columbarium Committee of the Diocese (hereinafter referred to as 'Columbarium Committee'), appointed by the Bishop to administer the management of the Columbarium. The Columbarium Committee shall report to the Bishop.
A-10 Chairman - The person who is appointed to head the Columbarium Committee.
A-11 Columbarium — that dedicated facility situated on Lot 17 Section 30 Kuching Town Land District, McDougall Road, Kuching containing niches for the interment of cremated human remains, hereinafter referred to as the Anglican Columbarium, Kuching.
A-12 Leaseholder — One who has acquired the permission to use a niche. The Leaseholder is the recorded owner of the niche rights as evidenced by a Certificate of Interment Rights issued to him/her by the Columbarium Committee.
A-13 Deceased — The person whose cremated remains are placed in an urn for interment in a niche.
A-14 Niche — One of several spaces in a permanent, specially-constructed framework. The types of niches are (1) Single - having space for one urn, (2) Double - having spaces for two urns and (3) Modified Double - having space for two urns, in which cremated human remains are placed and a uniform plaque upon which the identifying inscription is engraved.
A-15 Certificate — The document (ACK-104) issued by the Columbarium Committee granting the right to inter cremated human remains of one person in a single niche and two persons in a double niche. Upon receipt of full payment of the scheduled fee, the Columbarium Committee shall issue to the Leaseholder the Certificate (ACK-104), together with a copy of these Terms and Conditions (ACK-101), for use of the Columbarium. The Certificate shall be issued only in the name of the Leaseholder and shall not be issued until he/she has agreed to and signed the Interment Rights Agreement (ACK-105) and made full payment of the niche.
A-16 Urn — Permanent, standardized container approved by the Columbarium Committee to be used to place the cremated remains of the deceased in a niche.
A-17 Interment —The placement of the urn containing the cremated remains in their final resting place in a niche.
B. PURPOSE AND SUPERVISION
B-1 Purpose
The Columbarium is for interment of the ashes of the cremated human body.
B-2 General Planning
The Columbarium Committee will oversee the management of the Columbarium but its operation will be by the columbarium staff headed by an Administrator. The Columbarium Committee is authorized to provide a set of Terms and Conditions for the operation of the Columbarium and to recommend any changes that may be required from time to time in such Terms and Conditions. The original Terms and Conditions and any subsequent changes recommended by the Columbarium Committee shall become effective when ratified by the Bishop.
C. INTERMENTS
C-1 Subject to Laws
In addition to these Terms and Conditions, all interments, disinterments, and removals shall comply with the laws of Malaysia i.e. all federal, state, and local laws, rules, and regulations to the extent they are applicable to the Anglican Church. Nothing herein shall be construed as a waiver of any exemption the Anglican Church is provided pursuant to such laws, rules, and regulations. Where there is any conflict between civil law and any customs or rites particular to any race or ethnic group, civil law shall prevail.
C-2 Application for Niche
The application for a niche in the Columbarium is open to any member of the Church, subject to written verification by his/her Priest or Pastor on his/her affiliation to the church. The minimum age of the applicant for advance booking is 45 years, but for immediate use is at the discretion of the Columbarium Committee. Form ACK-102 is to be used for the application.
C-3 Lease Fee
A fee shall be collected by the Diocesan Treasurer or whoever the diocese appoints to collect such fees for each primary use of the Columbarium as set forth in Paragraph B-1, above. No interment shall be permitted in any niche or engraved inscription made upon the plaque or face of any niche without payment of the full lease fee. Such fees are stated in the Schedule of Fees (ACK-107), attached hereto and incorporated herein by reference.
C-4 Exclusive Right to Use
A Leaseholder of a niche shall pay the lease fee of the niche and shall be entitled to name one person whose ashes are to be interred in single niche and two persons in the case of double niches, provided that the named person qualifies as eligible (C-2), as that term is defined in these Terms and Conditions.
C-5 Lease period of Niches
Lease period of Niches upon interment of ashes will be sixty (60) years. This period commences from the date of interment. In the case of double niche, the date will be from the date of the second interment.
C-6 Procedure for Interment
Upon the demise of the person described under Section C-2, the leaseholder or next of kin shall notify the Vicar/Priest/Pastor in the Church where the deceased is affiliated. The Church shall be responsible for all funeral rites including upon cremation of the body and interment. Cremation shall be the responsibility of the Leaseholder or next-of-kin. Sufficient and proper notices of intended interments shall be given to the Administrator, and only such religious services as the Chaplain may conduct, or give their permission for, may be performed during interment. The urn containing the ashes shall be brought to the Columbarium in the presence of the Administrator and/or Chaplain and placed in the assigned niche.
C-7 Application for Interment
Application for interment shall be made in writing by the Leaseholder or any person or persons described in Section C-2. Application shall be made on Form ACK-106 provided by the Columbarium Committee.
C-8 Responsibility for Identity
The Columbarium Committee and staff shall not be liable for ensuring the correct identity of the person whose cremated remains are sought to interred.
C-9 Limitations of Each Niche
Size of niches allows cremated remains of only one or two persons to be interred depending on the type of niche.
C-10 Interment Permits
Any permits for interment required by applicable federal, state, or local laws must be secured and furnished by the Leaseholder, the family of the deceased, or the Priest conducting the funeral rites. In no event shall the Columbarium Committee be responsible for acquiring any such permits.
C-11 Urns, Memorial Plaques
Interments in the niches may be made only in the urns approved by the Columbarium Committee. The front outside faces of the niches will be affixed with a plaque to be engraved with the name, date of birth and date of death of the person whose remains are to be placed within the niche. The deceased photograph will also be affixed on the plaque. Cost of the urn, plaque, engraving and fixation of the photograph (ACK-107) are excluded from the lease price of the niche.
C-12 Opening and Closing of Niches
The Chaplain will arrange for the opening and closing of niches at the time of interment. Cost is included in the lease price of the niche (ACK-107).
D. DISINTERMENTS AND REMOVALS
D-1 Removal for Profit Prohibited
Removal of cremated remains so that the niche interment rights may be sold for profit, or removal contrary to the express wish of the original Leaseholder, is repugnant to the ordinary sense of decency and is absolutely forbidden.
D-2 Removed from Niche Location
Cremated remains and the niche plaque may be removed from the original niche in the Columbarium upon written consent of the Columbarium Committee. If the move is requested by Leaseholder, then the Leaseholder will be charged the current cost of reopening and removal (ACK-107). If the move is at the convenience of the Columbarium Committee, there will be no charge.
D-3 End of Lease procedure
At the expiry period of the lease, the leaseholder may extend the lease by another 60 years from the expiry date with a payment of 50% of the prevailing fee (ACK-107) or dispose off the ashes in consultation with the Chaplain. For the latter, the niche will revert to the inventory.
E. TRANSFERS OR REASSIGNMENT
E-1 Transfer by Leaseholder Prohibited
All rights conferred by a Certificate of Interment Rights (ACK-104) shall be specific to the Leaseholder and shall not be assignable or transferable by unilateral act of the Leaseholder. This includes any exchange for value, intervivos gift, testamentary transfer, or pledge as collateral for any loan. In the event the Leaseholder decide to voluntarily surrender the niche, the Columbarium Committee will forfeit 10% of the lease fee plus any additional administrative cost incurred and the balance refunded.
E-2 Limitations
E-2.1
In the event of the demise of the Leaseholder and, after a period of three (3) years, no interment is carried out or no indication is received from the next of kin of their intention to use the niche, notice of termination will be sent out to the spouse, next of kin or any other authorized representative. The Columbarium Committee will forfeit 10% of the lease fee plus any additional administrative cost incurred and the balance refunded.
E-2.2
If any niche is not used within thirty (30) years of the purchase of interment rights and the whereabout of the family is no longer known despite reasonable attempt being made to contact them at their registered contact details, the Columbarium Committee will be free to reassign such niche and all monies paid will be forfeited.
F. FLOWERS, ORNAMENTS, DECORATIONS
F-1 Floral Regulations
Only artificial flowers shall be attached to holder of the niche.
F-2 Other Ornaments, Decorations
All forms of ornaments and decorations are not permitted and, if so placed, the Columbarium Committee reserves the right to have any such articles removed and disposed of without notice.
G. INSCRIPTIONS
G-1 Uniformity of Engraving
The engraving on each niche face or plaque shall be of a uniform size and style as determined by the Columbarium Committee.
G-2 Conformity of Text
The inscription shall consist only of the name of the deceased, date of birth and date of death. Titles, awards or other information are not to be included in the inscription.
G-3 Correctness of Inscription
An Application for Interment of Cremated Remains (ACK-106) will be provided by the Columbarium Committee to be completed and signed by the person(s) entitled to do so. This form will include information to be relied upon in engraving the face of the niche or the plaque. The arrangements for engraving shall be made between the applicant/leaseholder/next of kin and the contractor appointed by the Columbarium Committee.
H. CONDUCT OF PERSONS WITHIN THE COLUMBARIUM
H-1 Church Decorum
The Columbarium is a sacred place, and all persons entering the area of the Columbarium are expected to conduct themselves in accordance with customary respectful decorum as normally observed in a Church.
H-2 Enforcement of Rules
The Columbarium Committee and the Columbarium Staff are hereby empowered to enforce all Terms and Conditions and to exclude from the Columbarium premise any person violating the same.
I. CHANGE OF LEASEHOLDER ADDRESS
I-1 Leaseholder Must Notify the Committee
It shall be the duty of the Leaseholder to notify the Columbarium Committee of any change in mailing address and contact details. Notice sent to a Leaseholder by mail or electronically at the last known address on file in the Columbarium office shall be considered sufficient and proper legal notification for all purposes. Notification of a change of address should be directed to the Columbarium Committee.
J. MODIFICATIONS AND AMENDMENTS
J-1 Exceptions and Modifications
Special situations may arise in which the enforcement of a term or condition may impose unnecessary hardship. Therefore, upon recommendation of the Administrator, the Columbarium Committee may make exceptions, suspensions or temporary modifications in any of these Terms and Conditions (ACK-101) when the same appear advisable, and such temporary exception, suspension or modification shall in no way be construed as waiver of the general application of such Terms and Conditions.
J-2 Amendments
The Columbarium Committee may at any time adopt new terms and conditions, or amend, alter, or repeal any term, condition or article, section, paragraph or sentence in these Terms and Conditions, provided, however, that any such change, addition or repeal shall not become effective until ratified by the Bishop (ACK-105), and Leaseholders will be promptly notified.
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(ADOPTED) by the Diocesan Standing Committee during its 178th Sitting dated July 29, 2025.
Adopted and Approved for use by :
The Right Reverend Datuk Danald Jute
Bishop of Kuching
Approved: xxxxxx, 2025.