Back
KARNATAKA ANATOMY ACT, 1957
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 is 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 It is necessary that these Act are repealed and a new Act is enacted so as to have a uniform law in the matter, applicable to all the areas of the State.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.
An Act to provide for the supply of unclaimed bodies of deceased persons [or donated bodies or any part thereof of deceasesd persons] to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes. Whereas, it is expedient to provide for the supply of unclaimed bodies of deceased persons [or donated bodies or any part thereof of deceased persons] to hospitals and medical and teaching institutions for the purpose of anatomical examination and dissection and other similar purposes: Be it enacted by the Karnataka State Legislature in the Eighth Year of the Republic of India as follows:
Section1 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.
Section2 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.
Section3 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).
Section4 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.
Section4A 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.]
Section5 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.
Section6 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.
Section7 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.
Section8 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.
Section9 Power to make rules
The State Government, may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
Section10 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.
RULE
KARNATAKA ANATOMY RULES, 1972
In exercise of the powers conferred by Section 9 of the Karnataka Anatomy Act, 1957 (Karnataka Act 23 of 1957), the Government of Karnataka hereby makes the following rules, namely:
Rule1 Title and commencement
(1) These rules may be called the Karnataka Anatomy Rules, 1972.
(2) They shall come into force on the date of their publication in the Karnataka Gazette.
Rule2 Definitions
In these rules.
(a) "Act" means the Karnataka Anatomy Act, 1957 (Karnataka Act 23 of 1957);
(b) "Section" means a section of the Act.
Rule3 Time within which any person interested may claim body of a deceased person from the authorities in charge of hospitals or prisons
When a person dies in a hospital or in a prison, the authority in charge of such hospital or prison shall immediately report the fact of such death, to the nearest relative of the deceased person mentioned in the records maintained in such hospital or prison, and any person interested may, within two days from the date of the death of the deceased person excluding the day on which the death takes place, claim the body of the deceased person from the authority in charge of such hospital or prison: Provided that, if in the opinion of the authority in charge of the hospital or prison, there are good and sufficient reasons for believing that the body of the deceased person is likely to be claimed by a near relative of such person, it may keep the body in its possession for a further period of two days.
Rule4 Time within which any person interested may claim the body of a deceased person dying in any Public Place
(1) When a person dies in any public place in an area in which he has no permanent place of residence, any of the officers, or servants referred to in Section 7 who comes to know the death of such person shall report with the least practicable delay, the fact of such death to the authorised officer having jurisdiction over the area and also to such person, who could be ascertained under the circumstances by such officer or servant to the best of his knowledge, as a person interested in the disposal of the body of the deceased person.
Rule5 Manner of disposal of unclaimed body of a deceased person not required by an approved institutions
If any of the approved institutions does not require the body of a deceased person for anatomical examination or dissection, the authorised officer having jurisdiction shall dispose of the body or cause it to be disposed of by cremation, burial or any other recognised method of disposal of dead bodies in accordance with the custom of the community to which the deceased person belonged:
Provided that, if the identity of the deceased person is not known or there are no facilities for disposal of his or her body in accordance with the custom of his or her community, the authorised officer may dispose of such body in such manner as he deems fit.
Rule6 Manner of disposal of the body of deceased person by the authorities of approved institutions
Where an unclaimed body is handed over to the authorities in charge of an approved institution under Section 4 for the purpose of conducting anatomical examination and dissection, the authorities in charge of such institution shall, after use of the body for the said purpose, arrange to dispose of the body or its remnants in such manner as they deem fit.
Rule7 Preservation of body of the deceased person from decay in cases referred to in Section 5
Pending decision in respect of any doubt or dispute raised, relating to person interested in respect of the body of a deceased person, the authorised officer shall take all reasonable care and steps to preserve such body from decay.
Rule8 Duty of officers and servants to report to the authorised officer of the death of any person
Any of the officers or servants referred to in Section 7 who comes to know the death of any person in any public place in an area in which such deceased person has no permanent place of residence, shall report the fact of such death, with the least practicable delay, to the authorised officer having jurisdiction over the area.
Rule9 Repeal
Rules made under any of the enactments repealed by Section 10 and in force in any area of the State are hereby repealed except as respects things done or omitted to be done under such rules.
