THE JAMMU AND KASHMIR ANATOMY ACT, 1959

English — official source version

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ANATOMY ACT, 1959

(Act XXII of 1959)



90 ANATOMY ACT, 1959



ANATOMY ACT, 1959 91

Section

1. Short title, extent and com-mencement.

2. Definitions.

3. Doubt or dispute as to near relative to be referred to an officer
appointed by the Government.

4. Power of Government to authorise officers to act under section 5.

5. Unclaimed bodies to be used for anatomical examination.

6. Penalty.

7. Duty of Police and other officers to assist in obtaining possession
of un-claimed bodies.

8. Protection of action taken under this Act.

9. Officers to be public servants.

10.  Rules.

11.  Repeal.

–––––––

THE JAMMU AND KASHMIR ANATOMY ACT, 1959

Act No. XXII of 1959

CONTENTS

Preamble



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ANATOMY ACT, 1959 93

THE JAMMU AND KASHMIR ANATOMY ACT, 1959

Act No. XXII of 1959

[Received the assent of the Sadar-i-Riyasat on 23rd October,
1959  and published in the Government Gazette dated 23rd October,

1959].

An Act to provide for the supply of unclaimed bodies of deceased
persons to hospitals and medical and teaching institutions for the purpose
of 1[anatomical examination, dissection and removal of health organs from
the deceased for transplantation in living persons.]

Be it enacted by the State Legislature in the Tenth Year of the

Republic of India as follows :––

1. Short title, extent and commencement. ––(l) This Act may be
called the Jammu and Kashmir Anatomy Act, 1959.

(2) It extends to 2[whole of the Union territory of Jammu and
Kashmir].

(3) This section shall come into force at once and the remaining
sections shall come into force on such date and in such area as the
Government may by notification in the *[Government Gazette], direct.

2. Definitions.––In this Act, unless there is anything repugnant
in the subject or context :––

3[(a) “approved institution” means a hospital or a medical

institution approved by the Government to carry on
anatomical examination, dissection and transplantation
organs] ;

(b) “authorized officer” means an officer authorizes by the
Government to perform the functions of an authorized

ANATOMY ACT, 1959 93

1. Substituted by Act No. XVIII of 1968.
2. Substituted by S. O. 1229(E) dated 31st March, 2020 for “whole of the State”.
3. Substituted by Act No. XVIII of 1968.
* Now Official Gazette.



94 ANATOMY ACT, 1959

officer under this Act ;

(c) “near relative’’ means any of the following relatives  of the
deceased, namely, a wife, husband, parent, son, daughter,
brother and sister and includes any other person who is
related to the deceased by––

(i) lineal or collateral consanguinity within three
degrees in lineal relationship and six degrees in
collateral relationship, or

(ii) marriage either with the deceased or with any
relative specifically mentioned in this clause or
with any other relative within the aforesaid
degrees ;

(d) “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 ;

(e) “prescribed” means prescribed by rules made under this
Act.

3. Doubt or dispute as to near relative to be referred to an
officer appointed by the Government.–– If any doubt or dispute arises
whether a person is a near relative of the deceased, the matter shall be
referred to such officer as may be appointed in this behalf by the
Government and his decision shall be final and conclusive.

4. Power of Government to authorise officers to act under
section 5.–– The Government may, by notification in the Government
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 5 and who shall be competent to act under the said section.

5. Unclaimed bodies to be used for anatomical examination. ––
(1) Where a person under treatment in a hospital whether established by
or vesting in, or maintained by, the Government or any local authority,
dies in such hospital and his body is unclaimed, the authorities incharge



ANATOMY ACT, 1959 95

of such hospital shall, with the least practicable delay report the fact to
the authorised officer and such officer shall then hand over the unclaimed
body to the authorities in charge of an approved institution for the
purpose of conducting 1[anatomical examination, dissection and removal
of healthy organs for transplantation.]

(2) Where a person dies at a hospital other than a hospital referred
to in subsection (1) or in a prison and his body is unclaimed, the
authorities incharge of such hospital or prison shall, with the least
practicable delay, report the fact to the authorised officer ; and the said
officer shall hand over the unclaimed body to the authorities in charge
of an approved institution for the purpose specified in sub-section (1).

(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 shall take possession
of the body and shall hand over to the authorities in charge of an
approved institution for the purpose specified in sub-section (1).

2[(4) Where in any case mentioned in sub-sections (1), (2) and
(3) above the authority incharge of an approved institution certifies that
an unclaimed body is not fit for anatomical examination or dissection or
is not otherwise required for that purpose, the authorised officer shall
dispose it of by cremation or burial on Government expenses.]

6. Penalty.–– Whoever disposes of, or abets the disposal of, an
unclaimed body, save as permitted by this Act, or obstructs any authority
incharge of an approved institution or an authorised officer in handing
over, taking possession of, removing or using such dead body for the
purpose specified in this Act, shall, on conviction, be punished with fine
which may extend to 3[five thousand rupees].

7. Duty of Police and other officers to assist in obtaining
possession of unclaimed bodies.–– All officers of the Departments of Police
and Public Health and all officers in the employ of a local authority and
all village officers shall be bound to take all reasonable measures to assist
any authority or officer authorised under this Act to obtain the possession
of an unclaimed dead body.

1. Substituted by Act No. XVIII of 1968 for “matrimonial examination and dissection”.
2. Sub-section (4) iuserted  by Act No. XV of 1970.
3. Substituted for “five hundred rupees” by S. O. 1229(E) dated 31st March, 2020.



96 ANATOMY ACT, 1959

8. Protection of action taken under this Act.—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.

9. Officers to be public servants.–– All officers appointed or
authorised to act under this Act shall be deemed to be public servants
within the meaning of section 21 of the 1[Indian Penal Code (45 of 1860)].

10. Rules. ––(l) The Government may, by notification in the
*[Government Gazette], make rules for carrying out the purposes of this
Act.

(2) Without prejudice to the generality of the provisions of sub-
section (1), such rules may prescribe the period within which a near
relative shall claim the body of a deceased person and embalming of dead
bodies.

11. Repeal.—(l) The Jammu and Kashmir Anatomy Ordinance,
1959 (11 of 1959) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or
taken under this Act, as if this Act were in force on the date such thing
was done or action taken.

–––––––

1. Substituted for “State Ranbir Penal Code, Samvat 1989” by S. O. 1229(E) dated 31st
March, 2020.

* Now Official Gazette.