Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com KARNATAKA ANATOMY ACT, 1957 23 of 1957 [22nd July, 1957] CONTENTS 1. Short title, extent and commencement 2. Definitions 3 . Power of State Government to authorise officers to act under Section 4 4 . Unclaimed dead bodies in hospitals, prisons and public places how to be dealt with 4A. Donation of bodies or any part thereof of deceased persons for anatomical examination, etc 5 . Doubt or dispute as to near relative to be referred to 1[xxx] Magistrate of the First Class 6. Penalty 7. Duty of Police and other officers to assist in obtaining possession of unclaimed bodies 8. Protection of persons acting under this Act 9. Power to make rules 10. Repeal KARNATAKA ANATOMY ACT, 1957 23 of 1957 [22nd July, 1957] STATEMENT OF OBJECTS AND REASONS (Karnataka Act No. 23 of 1957) Karnataka Gazette, Extraordinary, dated 22-6-1957 Since considerable difficulty is experienced in obtaining bodies of deceased persons for educational purposes in medical institutions it i s considered necessary to provide for the supply of unclaimed bodies of deceased persons to hospitals and medical and teaching institutions. Similar Acts are already in force in the areas of the former Madras, Bombay and Hyderabad States which have since integrated with the Mysore State. It is necessary that these Act are repealed and a new Act is enacted so as to have a uniform law in the matter, applicable to all the areas of the State. Hence this Bill. 1. Short title, extent and commencement :- (1) This Act may be called the Karnataka Anatomy Act, 1957. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force at once in the South Kanara District; and on such date or dates and in such other area of the State as the State Government may by notification in the Official Gazette, specify from time to time. 2. Definitions :- (2) The Mysore General Clauses Act, 1899, (Mysore Act III of 1899) shall apply for the interpretation of this Act, as it applies for the interpretation of a Karnataka Act. 3. Power of State Government to authorise officers to act under Section 4 :- (1) The State Government may, by notification in the Official Gazette, authorise for the area in which this Act comes into force or any part thereof, one or more officers to whom a report shall be made under Section 4 and such officer or officers shall be competent to act under the said section. (2) Every officer authorised under sub-section (1) shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (Central Act XLV of 1860). 4. Unclaimed dead bodies in hospitals, prisons and public places how to be dealt with :- (1) If a person dies in a hospital or in a prison and his body is not claimed by any person interested within the prescribed time, the authority in charge of such hospital or prison or any police officer shall, with the least practicable delay report the fact to the authorised officer and the said officer shall take possession of the unclaimed body and except in the case referred to in sub-section (3), hand it over to the authority in charge of an approved institution, if it is required by that authority, for the purpose of conducting anatomical examination and dissection or other similar purpose. (2) If a person dies in any public place in an area in which he had no permanent place of residence and the body of that person is not claimed by any person interested within the prescribed time, the authorised officer shall take possession of such unclaimed body and except in the case referred to in sub-section (3), hand it over to the authority in charge of an approved institution, if it is required by that authority, for the purposes specified in sub-section (1). (3) When there is any doubt regarding the cause of death or when for any reason the authorised officer considers it expedient so to do, he shall forward the unclaimed body to the police officer referred to in Section 174 of the Code of Criminal Procedure, 1898 (Central Act V of 1898). (4) Where any unclaimed body taken possession of by the authorised officer under this section is not required by the authority in charge of an approved institution for the purpose specified in sub-section (1) it shall be disposed of in such manner as may be prescribed. 4A. Donation of bodies or any part thereof of deceased persons for anatomical examination, etc :- (1) If any person at any time before his death had expressed an intention in writing in the presence of two or more witnesses, that his body or any part of his body be given to an approved institution for being used after his death for the purpose of conducting anatomical examination and dissection or other similar purpose, any person interested may, unless he has reason to believe that the said intention was subsequently revoked authorise the removal of the dead body or such part thereof to any approved institution for use in accordance with the intention. (3) Subject to the provisions of sub-sections (4) and (5), the removal and use of the whole body or any part of a body in accordance with an authority given in pursuance of this section shall be lawful, and shall be sufficient warrant for the removal of the body or any part thereof and its use for the purposes of this Act. (5) If the person interested has reason to believe that an inquest or a post-mortem examination of such body may be required to be held, in accordance with the provisions of any law for the time being in force, the authority for the removal of the body or any part thereof shall not be given under this section except with the consent of the authority empowered to hold an inquest or order post-mortem under such law.] 5. Doubt or dispute as to near relative to be referred to 1[xxx] Magistrate of the First Class :- (2) Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed. 6. Penalty :- Whoever disposes of, or abets the disposal of, an unclaimed body save as provided 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 purposes specified in Section 4, shall be punishable with fine which may extend to five hundred rupees. 7. Duty of Police and other officers to assist in obtaining possession of unclaimed bodies :- All officers and servants of the Police, Medical and Public Health Departments, all officers and servants in the service of a local authority, and all village officers and servants shall be bound to take all reasonable measures to assist authorised officers in the discharge of their duties under this Act. 8. Protection of persons acting under this Act :- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act. 9. Power to make rules :- The State Government, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. 10. Repeal :- The Madras Anatomy Act, 1951 (Madras Act XVIII of 1951) in force in Bellary District and the Madras Area, the Bombay Anatomy Act, 1949 (Bombay Act XI of 1949) in force in the Bombay Area and the Hyderabad Pathology and Anatomy Act, 1955 (Hyderabad Act No. X of 1955) in force in the Hyderabad Area are hereby repealed: Provided that, anything done or any action taken (including any appointment or rules made, notification, order, or direction issued) under the said Acts shall be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.