The Punjab Anatomy Act, 1963

Act 14 of 1963] THE PUNJAB ANATOMY

SECTIONS.

THE PUNJAB ANATOMY ACT, 1963

(PUNJAB Аст No. 14 OF 1963).

Arrangement of sections.

1. Short title and extent.

2. Definitions.

3.

495

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 under the Act,

9. Officers to be public servants.

10. Rules.



Act 14 of 1963]

THE

THE PUNJAB ANATOMY

PUNJAB ANATOMY ACT,

Punjab Act 14 of 1963.

497

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.]

1 2 3 4

Year No. Short title
Whether affected by

Legislation

1963 14 The Punjab Anatomy
Act, 1963

Amended by the Adaptation of
Punjab Laws Order, 1970.

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 :-

1. (1) This Act may be called the Punjab Ana- Short title and
extent.tomy Act, 1963.

(2) It extends to the whole of the State of Punjab.

2. In this Act, unless the context otherwise Definitions.
requires,-

(1) "approved 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;

1For Statement of Objects and Reasons, see Punjab GovernmentGazette (Extraordinary), 1962, page 1603.



498 THE PUNJAB ANATOMY [Act 14 of 1963

Doubt or dis-
pute as to near
relative to be
referred to
authorised
officer.

Power to ap-
point authorised
officers.

(3) "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-

(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.

3. If any doubt or dispute arises whether a person
is a near relative of the deceased, the matter shall be
referred to the authorised officer whose decision on
such reference shall be final and conclusive.

4. The State Government may, by notification,
appoint for such area as may be specified in the notifi-
cation, any person to perform the functions of an
authorised officer under this Act and the rules made
thereunder.

Unclaimed dead
bodies to be used 5. (1) Where a person under treatment in a hos-

for therapeutic pital, whether established by or vesting in, or main-
purposes, anato- tained by, the State Government or any local authority.mical examina-
tion, etc. 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).

(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. Whoever with the intention of defeating the
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.

Penalty.

7. All officers of the Departments of Police and Duty of policeand other offi-
Public Health and all officers in the employ of a local cers to assist in
authority and all village officers shall be bound to take  obtaining pos-session of un-

all reasonable measures to assist any authority or claimed bodies.
officer authorised under this Act to obtain the posses-
sion of an unclaimed body.

8. No suit, prosecution or other legal proceeding Protection of
persons acting

shall lie against any person for anything which is in under the Act.



Officers to be
public servants.

Rules.

500
THE PUNJAB ANATOMY [Act 14 of 1963

good faith done or intended to be done under this Act
or the rules made thereunder.

9. All officers appointed under this Act shall be

deemed to be public servants within the meaning of
section 21 of the Indian Penal Code.

10. (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.

(3) Every rule made under this section shall be

laid as soon as may be after it is made before '[* *]
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, [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.

1The words "each House of" omitted by the Adaptation of Punjab
Laws Order, 1970.

Substituted for the words "the Legislative" by ibid.