THE UTTAR PRADESH ANATOMY ACT, 1956

84 THE UTTAR PRADESH ANATOMY ACT, 1956 1 [U. P. ACT No. VI OF 1957] [Passed in Hindi by the Uttar Pradesh Legislative Assembly on October 20, 1956, and by the Uttar Pradesh Legislative Council on December 21, 1956. Received the assent of the Governor on January 14, 1957, under Article 200 of ‘the Constitution of India’ and was published in the Uttar Pradesh Gazette, Extraordinary, dated January 19, 1957.] AN ACT to provide for the supply of unclaimed dead bodies of deceased persons to teaching medical institutions for the purpose of anatomical examination and dissection WHEREAS it is expedient to provide for supply of unclaimed dead bodies of deceased persons to teaching medical institutions for the purpose of anatomical examination and dissection; It is hereby enacted in the Seventh Year of the Republic of India as follows: Short title, extent and commencement 1. (1) This Act may be called the Uttar Pradesh Anatomy Act, 1956. (2) It extends to the whole of Uttar Pradesh. (3) This section shall come into force at once and the remaining provisions of this Act shall come in to force on such date and in such area as the State Government may by notification 2 in the official Gazette specify in that behalf. Definitions 2. (1) In this Act, unless there is anything repugnant in the subject or context- (a) "authorized officer" means an officer authorized to act under section 5 ; (b) "medical institution" means a hospital or a medical or teaching institution established, maintained or recognized as such by notification in the official Gazette, by the State Government to carryon anatomical examination or dissection, or both; (c) "relative" means arty person related to the deceased as wife, husband, parent, son, daughter, brother, or sister and includes any other person related to the deceased---- (i) by lineal consanguinity within six degrees or by collateral consanguinity within twelve degrees ; or (ii) by marriage with any of the relatives specifically mentioned in this clause or with any other relative within the aforesaid degrees; or 1. For Statement of Objects and Reasons, see Uttar Pradesh, Gazette, Extraordinary, dated August 29, 1956. 2. Sections 2 to 11 of this Act came into force from April 15, 1959, vide notification no, 2037/(1) A/V- 507-1957, dated April 3, 1957, for Kanpur, Unnao, Jalaon, Lucknow, Bara Banki, Sitapur, Hardoi, Allahabad, Fatehpur, pratapgarh, Mirzapur, Agra, Jhansi, Mathura, Varanasi, Ghazipur, Jaunpur, Saharnpur, Meerut, Bulandshahr, Muzzffarnager, Pilibhit and Aligarh Districts. 85 [The Uttar Pradesh Anatomy Act, 1956] [Section 3-5] (iii) as preceptor or disciple within three degrees. Explanation- The expression "lineal and collateral consanguinity" shall have the meaning assigned to them in the Indian Succession Act, 1925. (d) "prescribed" means prescribed by Rules made under this Act; (e) "State Government" means the Government of Uttar Pradesh; and (f) "dead body" means the dead body of a human being. (2) Body of a deceased person shall be deemed to be unclaimed if such person has no relative, or if it has not been claimed by any of his relatives, friends or servants within such period as may be prescribed in that behalf. Power of State Government to authorize officers to act under section 4 3. The State Government may, by notification in the official Gazette, authorize for the area to which this Act is applied or any part thereof, one or more officers to whom a report shall be made under section 4 and who shall be competent to act under the said section. 4. Where the dead body of a person, dying in a hospital or a prison, is unclaimed, the authority incharge of the hospital, or, as the case may be, the prison, shall immediately give intimation of the fact to the authorized officer, who shall dispose it of in the manner laid down in section 5. 5. (1) The authorized officer shall, subject to the provisions of sub-sections (2) and (3), in the case of an unclaimed dead body of a person dying : (a) in a hospital or a prison; or. (b) in a public place, not being his place of residence; or (c) after having dedicated in writing his dead body for the purpose of anatomical examination and dissection; take possession of the unclaimed dead body and hand it over to a medical institution, requiring it for anatomical examination or dissection or both : Provided that in cases falling under clause (a) or (b) the authorized officer shall where a relative is known to be alive but has for reason beyond his control failed to claim the body within the prescribed period, hand over the body to such religious or public institutions belonging to the religion of the deceased as maybe prescribed. (2) The unclaimed dead body of a person who has prior to his death declared that his dead body shall not be subject to anatomical examination or dissection or both, shall be handed over by the authorized officer to such religious or public institution belonging to the religion of the deceased as may be prescribed. 86 [The Uttar Pradesh Anatomy Act, 1956] [Section 6-11] (3) The authorized officer shall- (a) in case of doubt as to the cause of death of the deceased and in any other case where in his opinion it is expedient so to do dispose of the unclaimed dead body in the manner provided therefore, in section 104 of the Code of Criminal Procedure, 1898 ; (b) in the case where the unclaimed dead body is not required by the authority incharge of a medical institution for anatomical examination or dissection or both, dispose it of in such manner as may be prescribed. Doubt or dispute as to relative 6. Where any doubt or dispute arises whether person is a relative of the deceased, the matter shall be referred to such officer as may be appointed in this behalf by the State Government and his decision thereon shall be final and conclusive, and, pending such decision, the unclaimed dead body shall be preserved from decay in such manner as maybe prescribed. Penalty 7. Whoever disposes of, or abets the disposal of, an unclaimed dead body, save as provided by this Act, or obstructs any authority in charge of a medical institution or an authorized officer from handing over, taking possession of, removing or using, such dead body for the purposes specified in this Act, shall, on conviction, be punished with fine which may extend to five hundred rupees. Duty of police and other officials to assist in obtaining possession of unclaimed dead bodies 8. Any authority or officer empowered to act under this Act shall, in the discharge of their duties, be given such assistance and help as he may reasonably require by all the officers and servants of the departments of Police, Medical, Public Health and of the local bodies. Protection of persons acting under this Act 9. No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act. Officers to be public servants 10. All officers appointed or authorized to act under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860. Power to make rules 11. (1) The State Government may, by notification in the official Gazette, make rules for carrying out the purpose of this Act. (2) In particular and without prejudice to the generality of the foregoing powers such rules may provide- ---- (a) the period within which a relative may claim the dead body of a deceased person; (b) the period after which the dead body of a deceased person shall be- deemed to be unclaimed ; 87 [The Uttar Pradesh Anatomy Act, 1956] [Section 11] (c) the procedure for the disposal of an unclaimed dead body under section 5; (d) the conditions under which institutions may be recognized for the purposes of sub-sections (1) and (2) of section 5 ; (e) the manner in which an unclaimed dead body be preserved from decay ; (f) the procedure of proceedings under section 6 ; and (g) the matters which are to be and may be prescribed. (3) (a) all rules made under this Act shall be published in the official Gazette, and shall, unless some other date is appointed, come into force on the date of such publication. (b) all rules made under this Act shall, as soon as may be after they are made, be laid before the Legislature for 14 days and shall be subject to such modifications as the Legislature may make therein. ---------------------------------------------------------------