LexThe Himachal Pradesh Anatomy Act, 1966
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH ANATOMY ACT, 1966
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and extent.
2. Definitions.
3. Doubt or dispute as to near relative to be refe rred to authorised
officer.
4. Power to appoint authorised officers.
5. Unclaimed dead bodies to be used for therapeuti c purposes,
anatomical examinations etc.
5-A. Donation of body or any part thereof of deceas ed persons for
anatomical examination etc.
6. Penalty.
7. Duty of police and other officers to assist in obtaining possession
of unclaimed bodies.
8. Protection of person acting under the Act.
9. Officers to be public servants.
10. Rules.
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THE HIMACHAL PRADESH ANATOMY ACT, 1966
(ACT NO. 4 OF 1966)
1
(Received the assent of the President of India on t he 30 th March, 1966
and was published in R. H. P. Extra, dated the 28 th April, 1966 at p. 341-343).
An Act to provide for 2[donation of bodies or any part thereof and] the
supply of unclaimed bodies of deceased persons to h ospitals and
medical and teaching institutions for therapeutic p urposes or for
the purpose of anatomical examination, dissection s urgical
operation and research work.
1. For Statement of Objects and Reasons, see R. H. P. Extra, dated the 8 th Feb,1966,
p. 144. The Act extended to the areas added to Himachal Pra desh under section 6
of the Punjab Re-organisation Act, 1966, by H. P. A ct No. 25 of 1969. For its
Authoritative Hindi Text see R. H. P. Extra., dated 12-12-1986 p. 2245.
2. Ins. vide Act No. 22 of 2011.
2 H.P. ANATOMY ACT, 1966
Amended, repealed or otherwise affected by ,-
(i) H. P. Act No. 25 of 1969 1, assented to by the President on 13 th
September, 1969, published in R. H. P. Extra, dated the 13 th
October, 1969 at p. 883-887.
(ii) A. O. 1973, published in R. H. P. Extra, date d the 20 th January,
1973 at p. 91-112.
(iii) H.P. Act No. 22 of 2011 2 assented to by the Governor on 31 st
January, 2011, published in Rajpatra, Himachal Pradesh both in
Hindi and English on 5 th February, 2011 at pages 8788-8791.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Seventeenth Year of the Republic of India as follows:---
1. Short title and extent .- (1) This Act may be called the Himachal
Pradesh Anatomy Act, 1966.
(2) It extends to the whole of 3[the areas comprised in Himachal
Pradesh immediately before 1st November, 1966].
2. Definitions .- In this Act, unless the context otherwise requires.-
(1) "approved institution" means a hospital or a me dical or teaching
institution approved by the State Government for al l or any of
the purposes of this Act;
(2) "authorised officer" means an officer appointed under section 4;
(3) "near relative" means any of the following rela tives of the
deceased, namely, a wife, husband, parent, son, dau ghter,
brother and sister, and includes any other person w ho is related
to the deceased-
(a) by lineal or collateral consanguinity within th ree degrees
in lineal relationship and six degrees in collater al
relationship; or
(b) by marriage either with the deceased or with a ny relative
specifically mentioned in this clause or with any o ther
relative within the aforesaid degrees;
Explanation .- The expression "Lineal and collateral consanguin ity"
shall have the meanings assigned to them respectively in sections 25 and 26 of
the Indian Succession Act, 1925;
1. For Statement of Objects and Reasons, see R. H. P. Extra, dated the 28 th
November, 1968, p. 1160 and for Authoritative Hindi Text see R. H. P. Extra.,
dated 25.3.1994 p. 422-428.
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see R.H.P. Extra., dated 20.12.2010, p. 7498 &5702.
3. Subs. for “the Union territory of Himachal Prade sh” by A.O. 1973.
H.P. ANATOMY ACT, 1966
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(4) "prescribed" means prescribed by rules made un der this Act;
1[(5) XXXXXXXXXXXXXXXXXXXXX]
(6) "unclaimed body" means the body of a deceased p erson who
has no near relative or whose body has not been claimed by any
of his near relatives within such periods as may be prescribed;
2[(7) "donation of body " means donation of whole body or any part
thereof by any person for the purpose of anatomical
examination and research.]
3. Doubt or dispute as to near relative to be referred to authorised
officer .- If any doubt or dispute arises whether a person is a near relative of
the deceased, the matter shall be referred to the a uthorised officer whose
decision on such reference shall be final and conclusive.
4. Power to appoint authorised officers .-- The State Government
may, by notification, appoint for such area as may be specified in the
notification, any person to perform the functions o f an authorised officer 3
under this Act and the rules made thereunder.
5. Unclaimed dead bodies to be used for therapeutic purposes,
anatomical examinations, etc .- (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 hos pital and his body is
unclaimed, the authorities in charge of such hospit al shall with the least
practicable delay, report the fact to the authorise d officer and such officer
shall then hand over the unclaimed body to the auth orities 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 le ast practicable delay report
the fact to the authorised officer, and such office r shall hand over the
unclaimed body to the authorities in charge of an a pproved institution for any
purpose specified in sub-section (1)
(3) Where a person having no permanent place of res idence in the
area where his death has taken place dies in any pu blic 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 authoriti es in charge of an approved
institution for any purpose specified in sub-section (1).
1. The definition of "State Government" omitted, b y 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.
4 H.P. ANATOMY ACT, 1966
1[5-A. Donation of body or any part thereof of decea sed 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 c onducting anatomical
examination and dissection or other similar purpose , any near relative may,
unless he has reason to believe that the said inten tion 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 do nate the body or
any part thereof for the purposes specified in this Act.
(3) Subject to the provisions of sub-sections (4) a nd (5), the removal
and use of whole body or any part thereof in accord ance 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 the reof and it’s use for the
purposes of this Act.
(4) The body or any part thereof of any deceased pe rson shall not be
removed for any of the purposes specified in sub-se ction (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 bod y, 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 t ime being in force, the
authority for the removal of the body or any part t hereof shall not be given
1. Section 5-A ins. vide Act No. 22 of 2011.
H.P. ANATOMY ACT, 1966
5
under this section except with the consent of the a uthority empowered to hold
an inquest or order postmortem under such law.]
6. Penalty .-Whoever with the intention of defeating the provi sions of
this Act, disposes of, or abets the disposal of, an unclaimed body save as
permitted by this Act, or obstructs any authority i n charge of an approved
institution or an authorised officer from handing o ver, 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.
7. Duty of police and other officers, to assist in obtaining
possession of unclaimed bodies .- All officers of the departments of Police
and Public Health and all officers, in the employ o f a local authority and all
village officers shall be bound to take all reasona ble measures to assist any
authority or officer authorised under this Act to o btain the possession of an
unclaimed body.
8. Protection of person acting under the Act .- No suit, prosecution
or other legal proceeding shall lie against any per son for anything which is in
good faith done or intended to be done under this A ct or the rules made
thereunder.
9. Officers to be public servants .- All officers appointed under this
Act shall be deemed to be public servants within th e meaning of section 21 of
the Indian Penal Code.
10. Rules .- (1) The State Government may, by notification, m ake
rules 1 for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the fore going 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 se ssion or in two
successive sessions, and if before the expiry of th e session in which it is so
laid or the session immediately following, the legi slature requires any
modifications in the rule or desires 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 modific ation or annulment shall
be without prejudice to the validity of anything pr eviously done under that
rule.
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1. Rules framed vide Not No. 2-43/65-Med. II (II), dated the 29 th July, 1966,
published in R.H.P. dated 7.12.1968, p. 585.