The Haryana Anatomy Act, 1974 (24 of 1974)

HARYANA GOVT GAZ. (EXTRA.% AUGUST 5, 1974 659
(SRAVANA 14, 1896 SAKA)
PART I
LEGISLATIVE DEPARTMENT
Notification
The 5th August, 1974
No. 28-Leg./74.—The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 2nd August,
1974, and is hereby published for general information :—
Haryana Act No. 24 of 1974
THE HARYANA ANATOMY ACT, 1974
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, dis-
section, surgical operation and research work
E s it enacted by the Legislature of the State of Haryana in the Twenty-
fifth year of the Republic of India as follows :--
1. (I) This Act may be called the Haryana Anatomy Act, 1974.
(2) It extends to the whole of the State of Haryana.
2. 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 appointed under section 4;
(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—
(1) by lineal or collateral consanguinity within three degrees in
lineal relationship and six degrees in collateral relation-
ship; or
(ii) by marriage either with the deceased or with any relative
specifically mentioned in this clause or with any othet
relative within the aforesaid degrees.
Explanation.—The expressions "lineal and collateral consan
guinity" shall have the meanings assigned to them respec-
tively in sections 25 and 26 of the Indian Succession Act,
1925;
(d) "prescribed" means prescribed by rules made under this Act;
(e) "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.
Short title and
extent.
Definitions.

660 HARYANA GOVT GAZ. (EXTRA.), AUGUS T 5, 1974 -2.1
(SRAVANA 14, 1896 SAKA)
• • • • • • • •   • • . . . • P s .
Doubt or dispute
as to near relative
to be referred to
authorised officer.
Power to appoint
authorised officer.
Unclaimed dead
bodies to be used
for therapeutic
purposes, anato-
mical examination.
etc.
penalty.
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 offica
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 notification, any person to perform the functions of
an authorised officer under this Act and the rules made thereunder.
S. (1) Where a person under treatment in a hospital, whether
established by, or vesting in, or maintained by, the State Govern-
ment 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).
Duty of Police
and other officersto assist in obtain-
ing possession of
unclaimed bodies.
Protection of
persons acting
under the Act.
Officers to be
public servants.
(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 autho-
rities in charge of an approved institution for any purpose specified
in sub -section (1).
6. Whoever with the intention of defeating the provisions of the
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 pur-
pose specified in this Act, shall, on conviction, be punishable with
fine which may extend to two hundred rupees.
7. All officers of the Departments of Police and Public Health and
all officers in the employ of a local authority and all village officers
and Panches and Sarpanches 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 body.
8. 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 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, 1860.
Power to make 10. (1) The State G3vernment may, by notification, make rules
rules. for carrying out the purposes of this Act.

HARYANA GOVT GAZ. (EXTRA.), AUGUST 5, 1974 661
(SRAVANA 14, 1896 SARA)
(2) Without prejudice to the generality of theforegoing power,such
rules may prescribe the period within which a• near relative may
claim the body of a deceased person.
(3) Every rule made under this section shall be laid assoon as may
be after it is made before the House of the State Legislture while
- . P . 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 ex-
piry of the session in which it is so laid or the session immediately
following, the House agrees in making any modification in the
rule or the House agrees that the rule should not bemade, 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 any-
thing previously done under that rule.
11. The Punjab Anatomy Act,1963 (PunjabAct 14 of 1963), in
its application to the State of Haryana, is hereby repealed.
SARUP CHAND GOYAL,
Secretary to Government, Haryana.
Legislative Department.
Repeat

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