Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Madras Anatomy Act, 1951 38 of 1951 [14 August 1951] CONTENTS 1. Short title, extent and commencement 2. Definitions 3 . Power of State Government to authorize officers to act under section 4 4 . Unclaimed dead bodies in hospitals, prisons and public places how to be dealt with 5. Doubt or dispute as to near relative to be referred to Presidency Magistrate or 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 SCHEDULE 1 :- SCHEDULE Madras Anatomy Act, 1951 38 of 1951 [14 August 1951] PREAMBLE An Act to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions for the purpose of anatomical examination and dissection. Whereas it is expedient to provide for the supply of unclaimed bodies of deceased persons to teaching medical institutions for the purpose of anatomical examination and dissection; It is hereby enacted as follows: -- 1 For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 27th February 1951, Part IV-A, page 54. 1. Short title, extent and commencement :- (1) This Act may be called the Madras Anatomy Act, 1951. (2) It extends to the whole of the State of Madras. (3) This section shall come into force at once. *(4) The State Government, may, by notification in the Fort St. George Gazette, direct that the remaining provisions of this Act shall come into force on such date and in such area as may be specified in the notification. * Section 1 came into force on the 14th August 1951. The rest of the Act came into force on the 1st July 1952. 2. Definitions :- In this Act, unless there is anything repugnant in the subject or context,-- (a) " authorized officer " means an officer authorized under section 3; (b) "hospital" means any hospital established or maintained by the State Government, or by any municipal council, district board or panchayat and includes any other hospital which may be declared by the State Government, by notification in the Fort St. George Gazette, to be a hospital for the purposes of this Act; (c) "near relative" means any of the following relatives of the deceased, namely, a wife, husband, parent, son, daughter, brother or sister and includes any other person who is related to the deceased (i) by lineal consanguinity within three degrees or by collateral consanguinity within six degrees, or (ii) by marriage with any of the relatives aforesaid; Explanation.--The expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings assigned to them in the Indian Succession Act, 1925(Central Act XXXIX of 1925), and degrees of relationship shall be computed in the manner laid down in that Act. (d) "prescribed" means prescribed by rules made by the State Government under this Act; (e) "teaching medical institution" means any of the institutions specified in the Schedule to this Act and includes any other institution which may be declared by the State Government, by notification in the Fort St. George Gazette, to be a teaching medical institution for the purposes of this Act; (f) "unclaimed body" means the body of a person who dies in a hospital, prison or public place, which has not been claimed by any of his near relatives within such time as may be prescribed. 3. Power of State Government to authorize officers to act under section 4 :- (1) The State Government may, by notification in the Fort St. George Gazette, authorize 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 who shall be competent to act under the said section. (2) Every officer authorized 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 of his near relatives within such time as may be prescribed, the authority in charge of such hospital or prison shall, with the least practicable delay, report the fact to the authorized 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 a teaching medical institution, if it is required by that authority, for the purpose of conducting anatomical examination and dissection. (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 of his near relatives within such time as may be prescribed, the authorized 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 a teaching medical institution, if it is required by that authority, for the purpose specified in subsection (1). (3) When there is any doubt regarding the cause of death or when for any reason the authorized 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 authorized officer under this suction is not required by the authority in charge of a teaching medical institution for the purpose specified in sub-section (1), it shall be disposed of in such manner as may be prescribed. 5. Doubt or dispute as to near relative to be referred to Presidency Magistrate or Magistrate of the First Class :- (1) If any doubt or dispute arises whether a person is or is not a near relative of the deceased for the purposes of section 4, the matter shall be referred in the City of Madras, to a Presidency Magistrate, and elsewhere to a Magistrate of the First Class, and the decision of such Magistrate shall be final. (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 a teaching medical institution or an authorized officer from handing over, taking possession of, removing or using, such dead body for the purpose 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 authorized 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 Fort St. George Gazette, make rules for carrying out the purposes of this Act. SCHEDULE 1 SCHEDULE THE SCHEDULE 1. The College and School of Indigenous Medicine, Madras. 2. The Madras Medical College, Madras. 3. The Stanley Medical College, Madras. 1[ ] 1 Entries 4 and 5 were omitted by clause 3 of, and the Schedule to, The Madras Adaptation of Laws Order, 1954.