Act 14 of 1963] THE PUNJAB ANATOMY
SECTIONS.
THE PUNJAB ANATOMY ACT, 1963
(PUNJA:B ACT No. 14 OF 1963). Arrangement of sections.
1. Short title and extent.
2. Definitions.
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3. Doubt or dispute as to near relative to be referred to authorised officers.
4. Power to appoint authorised officers. !5. Unclaimed dead bodies to be used for therapeutic pur- poses, anatomical examination·, etc.
6. Penalty.
7. Duty of Police and other officers to assist in obtain- ing possession of unclaimed bodies.
8. Protection of persons acting m1der the Act.
9. Officers to be public servants.
10. Rules,
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Act 14 of 1963] THE PUNJAB ANATOMY 497
1 THE PUNJAB ANATOMY ACT, 1963.
Punjab Act 14 of ,1963. [Received the assent of the Governor of Punjab on the 14th April, 1963 and was first published for general information in the Punjab Government .Gazette (Extraordinary) dated the 16th April, 1963.] ! I ,.
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-----1---1---------,- - --- - Whether affected by
Year No. I Short title Legislation ----- ----1---- ----- ---------:-------------------
1 ;_,3 ! 4 I The Punjab Anatomy I Amer_ided by the Adaptation of
. : Act, 1963 : PunJabLawsOrder, 1970. ! : I
An Act to provide for the supply of unclaimed bodies of deceased persons to hospitals and medical and teaching institutions for therapeutic purposes or for the purpose of anatomical examination, dissection, surgical operation and research work. BE it enacted by the Legislature of the State of Punjab in the Fourteenth Year of the Republic of India as follows : -
I. (1) This Act may be called the Punjab Ana- Short title and tomy Act, 1963. extent.
(2) It extends to the whole of the State of Punjab.
2. In this Act, unless the context otherwise Definitions. requires,-
(1) "appr@ved institution" means a hospital or a medical or teaching institution approved by the State Government for all or any of the purposes of this Act ;
(2) "authorised officer" means an officer ap- pointed under section 4;
1 For State::nent -of Objects and Reasons see Punjab Government Gazette (Extraordinary), 1962, page 1603. '
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498
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THE PUNJAB ANATOMY i[Act 14 of 1963
(3) "near relative'' means any of the following relatives of the deceased, namely, a wife, husband, p~rent, son, daughter, brother and sister, and includes any other person who is related to the deceased-
(a) by lineal or collateral consanguinity within three degrees in lineal relation- ship and six degrees in collateral rela- tionship ; or
(b) by marriage either with the deceased or with any relative specifically mention- ed in this· clause or with any other relative within the aforesaid degrees. Explanation.-The expression "lineal and collateral consanguinity" shall have the meanings assigned to them respectively in sections 25 and 26 of the Indian Succession Act, 1925 ;
(4) "prescribed" means prescribed by rules made under this Act ;
(5) "unclaimed body" means the body of a deceased person who has no near relative or whose body has not been claimed by any of his near relatives within such period as may be prescribed.
Doubt or dis- 3. If any doubt or dispute arises whether a person pute. as to near is a near relative of the deceased the matter shall be relative to be . ' . .
referred to referred to the authorised officer whose dec1s1on on authorised such reference shall be final and conclusive officer. · · Power to ap- 4 Th St t G t b t'fi t·
Point a th . a . e a e overnmen may, y no 1 ca 10n, u onse · f h b 'fi d · th t'fi officers. app01nt or sue area as may e spec1 e 1n e no 1 - cation, any person to perform the functions of an
authorised officer under this Act and the rules made
thereunder.
Un~Iaimed dead 5 (1) Where a oerson under treatment in a hos-
bodies to be wed . • :- • · •
for therapeutic p1tal, whether established by or vestmg m, or ma1n-
~~r,e,_;i, aan.~to- tai.ned by, the State Government or any local authority,
tion, etc~ mma- dies in such hospital and his body is unclaimed, the
Act 14 of 1963] THE PUNJAB ANATOMY 499 authorities in charge of such hospital shall with the least practicable delay report the fact to the authorised officer and such officer shall then hand over the un- claimed body to the authorities in charge of an approv- ed institution for any therapeutic purpose or for the purpose of conducting anatomical examination, dis.:
section, surgical operation or research work.
(2) Where a person dies in a hospital, other than a hospital referred to in sub-section (1), or in a prison and his body is unclaimed, the authorities in charge of such hospital or prison shall with the least practi- cable delay report the fact to the authorised officer, and such officer shall hand over the unclaimed body to the authorities in charge of an approved institution for any purpose specified in sub-section (1).
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(3) Where a person having no permanent place of residence in the area where his death has taken place dies in any public place in such area and his body is unclaimed, the authorised officer of that area shall take possession of the body and shall hand it over to the authorities in charge of an approved insti- tution for any purpose specified in sub-section (1).
6 Wh ·th h · t· f d f · h Penalty. . oever w1 t e mten 10n o e eatmg t e provisions of this Act, disposes of, or abets the disposal of, an unclaimed body save as permitted by this Act, or obstructs any authority in charge of an approved institution or an authorised officer from handing over, taking possession of, removing or using, such dead body for the purpose specified in this Act, shall, on conviction, be punishable with fine which may extend to two hundred rupees.
7. All officers of the Departments of Police and Duty of police . and other offi.-
Pubhc Health and all officers in the employ of a local cers. t<;> assist in
authority and all villar,-e officers shall be bound to take ~~;j~~n~ ~~~-
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500 THE PUNJAB ANATOMY (Act 14 of 19G3
good faith done or intended to be done under this Act or the rules made thereunder.
Officers to be 9. All officers appointed under this Act shall be public servants.
Rules.
deemed to be public servants within the meaning of section 21 of the Indian Penal Code.
19. (1) The State Government may, by notifica- tion, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may prescribe the period within which a near relative shall claim the body of a deceased person. I
(3) Every rule made under this section shall be laid as soon as may be after it is made before1[* *] the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the ses- sion immediately following,2[the Legislature] agree in making any modification in the rule or ~[ the Legis- lature] agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything pre- viously done under that rule.
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The words "each House of" omitted by the Adaptation of Punjab Laws Order, 1970.
:?Substituted for the words "the Legislative" by ibid.