The MP Anatomy Act. 1954

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m k THE MADHYA PRADESH ANATOMY ACT, 1954 (No. XVI or 1954)

(1) This Act may be cited as The Madhya Pradesh Anatomy Act, 1954. (2) It extends to the whole of Madhya Pradesh. (3) It shall be in force in all such areas of Madhya Pradesh in which it was in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (23 of 1958) and shall come into force in such other areas and on such dates as the State Government may, by notification in the official Gazette, direct.

In this Act, unless there is anything repugnant in the subject or context,— (a) “approved institution” means a hospital or a medical or teaching institution approved by the State Government to carry on anatomical examination and dissection; (b) “authorized officer” means an officer authorized by the State Government to perform the functions of an unauthorized officer under this Act; (c) “prescribed” means prescribed by rules made under this Act; (d) “unclaimed body” means the body of a deceased person which is not claimed by any of his near relatives or by any person of his caste, creed and religion within such time as may be prescribed. In these rules, unless the context otherwise requires,— (a) “Act” means the Madhya Pradesh Anatomy Act, 1954. (b) “Unclaimed dead body” means the body of a deceased person which is not claimed by any of his near relatives or by any person of his caste, creed and religion within 72 hours of his death. In this Act unless the context otherwise requires,— (a) “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; (b) “authorised officer” means an officer authorised by the State Government under section 3; (c) “deceased person” means the dead body or any part thereof of a person who has died in a hospital or a prison or a public place; (d) “prescribed” means prescribed by rules made under this Act; (e) “unclaimed body” means the body of a deceased person who dies in a hospital, prison or a public place and has not been claimed by any of his near relatives within such time as may be prescribed.

If any doubt or dispute arises, whether the body of any deceased person is an unclaimed body, the matter shall be referred to such officer as the State Government may, by notification, appoint for any area in this behalf and the decision of such officer shall be final and conclusive. (1) Every officer and servant of the Police, Medical and Public Health Department, every officer and servant in the Service of a local authority and every village officer and servant who comes to know of the death of any person in the service of a local authority and every village officer and servant in any public place in any area in which he has no permanent place of residence shall report the fact to the officer-in-charge of the nearest Police Station with the least practicable delay. (2) On receipt of the report under sub-rule (1) the officer-in-charge of the Police Station shall immediately make arrangement for the removal of the dead body to the hospital for preservation from decay and also report the fact to the authorised officer. (3) Notwithstanding anything contained in sub-rule (2), it shall be the duty of the Patel or Sarpanch of the village in or near which the dead body may be found to arrange for the removal of the dead body to the nearest hospital for preservation from decay and also to report the fact to the officer-in-charge of the nearest Police Station. (4) The bills for the cost of removal of the dead body to the hospital shall be sent to the officer-in-charge of the hospital concerned which shall be paid by him. The said officer shall also inform the authorised officer of the dead body having been brought to the hospital in his charge and of its preservation. The State Government may, by notification, 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 who shall be empowered to act under section 5.

The State Government may, by notification authorize for the area or any part thereof in which this Act comes into force 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. (1) Where a person dies in a hospital or in a prison the officer-in-charge of such hospital or prison shall immediately report the fact to the nearest relative mentioned in the records of the patient or prisoner. If the said relative does not claim the body within 72 hours, the dead body shall be disposed off in the manner laid down in Section 5 of the Act. (2) Pending receipt of the claim, if any, in pursuance of sub-rule (1) the dead body shall be removed to the hospital or the teaching medical institution, as the case may be, for preservation from decay. (3) If such body is not claimed within the period specified in sub-rule (1) the authorised officer shall proceed to dispose of the body in the manner laid down in Section 5 of the Act. (4) If any of the approved institutions does not require the dead body for the anatomical examination and dissection, the authorised officer concerned shall deliver it to the rightful claimant or if no such claim is forthcoming, dispose of the dead body by cremation or burial, as the case may be. (1) Where a person dies in a hospital or a prison or a public place and does not appear to have any near relative or other person to claim the body, the person in charge of such hospital, prison or any other person in whose custody the dead body has been found, shall report the fact of such death to the authorised officer. (2) The authorised officer to whom a report is made under sub-section (1), shall, with the least practicable delay, take charge of the unclaimed body and may hand it over to any approved institution for the purpose of medical examination or dissection or for any other therapeutic purpose.

Whoever 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 authorized officer from handing over, taking possession of, removing or using, such body for the purpose specified in the Act, shall, on conviction be punished with fine which may extend to Rs. 500. (1) Any matter under Section 3 of the Act relating to any doubt or dispute in respect of a dead body shall be referred to the officer appointed thereunder, by an application in writing and shall be delivered personally to the said officer. (2) On receipt of the application under sub-rule (1) the officer appointed under Section 3 of the Act shall immediately fix a date for hearing within two days of the receipt of such reference and inform the parties accordingly. (3) After hearing the parties concerned, the officer appointed by the State Government under Section 3 of the Act may make such further enquiry as he may think proper and fit to dispose of the case and shall give his decision on the date of hearing and his decision shall be final and conclusive.

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 authorized under this Act to obtain the possession of an unclaimed body. The authorised officer shall make arrangement for the preservation of unclaimed dead bodies in a mortuary cooler so as to preserve it from decay until— (a) a decision has been taken under Section 3 of the Act; or (b) it is handed over to his relative, friend or servant; or (c) it is handed over to a medical institution for anatomical examination or dissection.

No suit, prosecution or other legal proceedings shall be against any person for anything which is in good faith done or intended to be done under this Act. Nothing contained in these rules shall apply to cases where death has taken place under suspicious circumstances and the body is required for medico-legal examination. In such case, if the Police have not taken possession of it themselves, the body shall be handed over to the Police.

All officers appointed or authorized to act under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860). (1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time and manner in which an unclaimed body may be claimed; (b) the manner in which the approved institution shall preserve the unclaimed body; (c) the authority to whom and the manner in which any report shall be furnished under this Act. (3) All rules made under this Act shall be laid on the table of the Legislative Assembly.

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for— (a) the time within which the body of a deceased person may be claimed; and (b) the embalming of dead bodies.