The JAMMU AND KASHMIR ANATOMY ACT, 1959

ANATOMY ACT, 1959
(Act XXII of 1959)
Section
1. Short title, extent and com-
mencement.
2. Definitions.
3. Doubt or dispute as to near
relative to be referred to an
officer appointed by the
Government.
4. Power of Government to
authorise officers to act under
section 5.
5. Unclaimed bodies to be used
for anatomical examination.
Section
6. Penalty.
7. Duty of Police and other
officers to assist in obtaining
possession of un-claimed
bodies.
8. Protection of action taken
under this Act.
9. Officers to be public servants.
10.  Rules.
11.  Repeal.
THE JAMMU AND KASHMIR ANATOMY ACT, 1959
Act No. XXII of 1959
CONTENTS
Preamble
–––––––
Amendments made by Act No.––
1.  Act No. XVIII of 1968.
2. Act No. XV of 1970.
–––––––
THE JAMMU AND KASHMIR ANATOMY ACT, 1959
Act No. XXII of 1959
[Received the assent of the Sadar-i-Riyasat on 23rd October, 1959
and published in the Government Gazette dated 23rd October, 1959].
An Act to provide for the supply of unclaimed bodies of deceased
persons to hospitals and medical and teaching institutions for the purpose
of 1[anatomical examination, dissection & removal of health organs from the
deceased for transplantation in living persons.]
Be it enacted by the State Legislature in the Tenth Year of the Republic
of India as follows :––
1. Short title, extent and commencement. ––(l) This Act may be called
the Jammu and Kashmir Anatomy Act, 1959.
(2) It extends to whole of the State.
(3) This section shall come into force at once and the remaining sections
shall come into force on such date and in such area as the Government may
by notification in the Government Gazette, direct.
2. Definitions. ––In this Act, unless there is anything repugnant in the
subject or context :––
2[(a) “approved institution” means a hospital or a medical institution
approved by the Government to carry on anatomical examination,
dissection and transplantation organs] ;
(b) “authorized officer” means an officer authorizes by the
Government to perform the functions of an authorized officer
under this Act ;
(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 by––
(i) lineal or collateral consanguinity within three degrees in
lineal relationship and six degrees in collateral relationship,
or
1. Substituted by Act No. XVIII of 1968.
2. Substituted ibid.
(ii) marriage either with the deceased or with any relative
specifically mentioned in this clause or with any other
relative within the aforesaid degrees ;
(d) “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 ;
(e) “prescribed” means prescribed by rules made under this Act.
3.  Doubt or dispute as to near relative to be referred to an officer
appointed by the Government. ––If any doubt or dispute arises whether a
person is a near relative of the deceased, the matter shall be referred to such
officer as may be appointed in this behalf by the Government and his decision
shall be final and conclusive.
4. Power of Government to authorise officers to act under section 5.––The
Government may , by notification in the Government 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 5 and who shall be competent to act under
the said section.
5. Unclaimed bodies to be used for anatomical examination. — (1)
Where a person under treatment in a hospital whether established by or
vesting in, or maintained by, the Government or any local authority, dies in
such hospital and his body is unclaimed, the authorities incharge 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 the purpose of conducting
1[anatomical examination, dissection and removal of healthy organs for
transplantation.]
(2) Where a person dies at a hospital other than a hospital referred
to in subsection (1) or in a prison and his body is unclaimed, the authorities
incharge of such hospital or prison shall, with the least practicable delay,
report the fact to the authorised officer; and the said officer shall hand over
the unclaimed body to the authorities in charge of an approved institution
for the 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
1. Substituted by Act No. XVIII of 1968 for “matrimonial examination and   dissection”.
ANA TOMY ACT, 1959 312
his body is unclaimed, the authorised officer s hall take possession of the
body and shall hand over to the authorities in charge of an approved
institution for the purpose specified in sub-section (1).
1[(4) Where in any case mentioned in sub-sections (1), (2) and (3) above
the authority incharge of an approved institution certifies that an unclaimed
body is not fit for anatomical examination or dissection or is not otherwise
required for that purpose, the authorised officer shall dispose it of by
cremation or burial on Government expenses.]
6.  Penalty.— Whoever disposes of, or abets the disposal of, an
unclaimed body, save as permitted by this Act, or obstructs any authority
incharge of an approved institution or an authorised officer in handing over,
taking possession of, removing or using such dead body for the purpose
specified in this Act, shall, on conviction, be punished with fine which may
extend to five 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 of a local authority and all village officers
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
dead body.
8.   Protection of action taken under this Act. — No suit, prosecution
or other legal proceedings shall lie against any person for anything which
is in good faith done or intended to be done under this Act.
9. Officers to be public servants. ––All officers appointed or authorised
to act under this Act shall be deemed to be public servants within the
meaning of section 21 of the Jammu and Kashmir State Ranbir Penal Code,
Svt. 1989.
10. Rules.––(l) The Government may, by notification in the Government
Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the provisions of sub-
section (1), such rules may prescribe the period within which a near
313 ANA TOMY ACT, 1959
1. Sub-section (4) iuserted  by Act No. XV of 1970.
relative shall claim the body of a deceased person and embalming of
dead bodies.
11. Repeal. — (l) The Jammu and Kashmir Anatomy Ordinance,
1959 (11 of 1959) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or taken under
this Act, as if this Act were in force on the date such thing was done or
action taken.
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ANA TOMY ACT, 1959 314

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