section 5
Unclaimed dead bodies to be used for therapeutic purposes, anatomical examinations, etc.
The Himachal Pradesh Anatomy Act, 1966Health196610 sections
Statutory text
- (1) Where a person under treatment in a hospital, whether established by, or vesting in, or maintained by, the State Government or any local authority, dies in such hospital and his body is unclaimed, the 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 unclaimed body to the authorities in charge of an approved institution for any therapeutic purpose or for the purpose of conducting anatomical examination, dissection, 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 practicable 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 institution for any purpose specified in sub-section (1). 1. The definition of "State Government" omitted, by A, O. 1973. 2. Sub-section (7) ins. vide Act No. 22 of 2011. 3. Authorised Officers appointed vide Notification No. 2-43/65-Med. I (II), dated 29-7-1966, published in R.H.P. dated 18.3.1967, P.52. 1[5-A. Donation of body 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 thereof 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 near relative may, unless he has reason to believe that the said intention was subsequently revoked, authorize the removal of the dead body or such part thereof to any approved institution for use in accordance with the intention.
- (2) The legal heir of a deceased person may also donate the body or any part thereof for the purposes specified in this Act.
- (3) Subject to the provisions of sub-sections (4) and (5), the removal and use of whole body or any part thereof 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 it’s use for the purposes of this Act.
- (4) The body or any part thereof of any deceased person shall not be removed for any of the purposes specified in sub-section (1) from any place where such person may have died,—
- (i) within forty-eight hours from the time of such person’s death; or
- (ii) until after twenty-four hours notice, (to be reckoned from the time of such death) to the Executive Magistrate of the intended removal of the body; or
- (iii) unless a certificate stating in what manner such person came by his death is obtained before the removal of the body, duly signed by the registered medical practitioner who attended such person during the illness whereof he died or, if no such practitioner attended such person during such illness, then, by a registered medical practitioner who shall be called in after the death of such person to view his body and who shall state the manner and cause of death according to the best of his knowledge and belief and such certificate shall be delivered together with the body to the authority in-charge of an approved institution receiving the same for any of the purposes aforesaid.
- (5) If near relative has reason to believe that an inquest or a postmortem 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 1. Section 5-A ins. vide Act No. 22 of 2011. under this section except with the consent of the authority empowered to hold an inquest or order postmortem under such law.]
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