The Telangana Pathology and Anatomy Act, 1955.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA PATHOLOGY AND ANATOMY ACT, 1955.
(ACT NO. X OF 1955.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Power of State Government to authorise officers
to act under section 4.
4. Unclaimed dead bodies in hospitals, prisons and
public places how to be dealt with.
5. Doubt or dispute as to near relative to be referred
to a City Magistrate or Magistrate of the first class.
6. Penalty.
7. Duty of police and other officers to assist.
8. Protection of persons acting under this Act.
9. Power to make rules.
Schedule.
THE TELANGANA PATHOLOGY AND ANATOMY
ACT, 1955.1
ACT No. X OF 1955.
1. (1) This Act may be called 2[the Telangana Pathology
and Anatomy Act, 1955.]
(2) It extends to the whole of the 2State of Telangana.
(3) This section shall come into force at once.
(4) The State Government may, by notification in the
*Telangana Gazette direct that the remaining provisions of
this Act shall come into force on such date and in such area
as may be specified in the notification.
2. In this Act, unless there is anything repugnant in the
subject or context:—
(a) “authorised officer ” means an officer authorised
under section 3;
(b) “hospital” means any hospital established or
maintained by the State Government, or 3[by any local
authority] and includes any other hospital which may be
declared by the State Government, by notification in the
1. The Andhra Pradesh Pathology and Anatomy Act, 1955 in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated:
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
* Throughout the Act, for the words “Andhra Pradesh ” the word
“Telangana” substituted by G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
3. Substituted by Act No.19 of 1963.
Definitions.
Short title, extent
and
commencement.
2 [Act No. X of 1955]
Telangana Gazette to be a hospital for the purpose of this
Act;
(c) “near relative ” means any of the following rela tives
of the deceased, namely a wife, husband, parent, son,
daughter, brother or sister and includes any other person
who is related to the deceased (i) by lineal consanguinity
within three degrees or by collateral consanguinity within six
degrees, or (ii) by marriage with any of the rel atives
aforesaid;
Explanation:—The expressions “Lineal consanguinity”
and “collateral consanguinity ” shall have the meanings
assigned to them in the Indian Succession Act, 1925, and
degree of relationship shall be computed in the manner laid
down in that Act.
(d) “prescribed” means prescribed by rules made by
the State Government under this Act;
(e) “teaching medical institution ’’ means any of the
institutions specified in the Schedule to this Act and
includes any other institution which may be declared by the
State Government, by notification in the Telangana Gazette
to be a teaching medical institution for the purposes of this
Act;
(f) “unclaimed body” means the body of a person who
dies in a hospital, prison or public place, which has not
been claimed by any of his near relatives within such time as
may be prescribed.
3. (1)The State Gov ernment may by notification in the
4[Telangana Gazette] authorise for the area in which this Act
comes into force or any part thereo f, one or more officers to
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power of State
Government to
authorise officers
to act under
section 4.
[Act No. X of 1955] 3
whom a report shall be made under section 4 and who shall
be competent to act under the said section.
(2) Every officer authorised under sub -section (1) shall
be deemed to be public servant within the meaning of
section 21 of the Indian Penal Code.
4. (1) If a person dies in a hospital or in a prison and his
body is not claimed by any of his near relatives in hospitals,
within such time as may be prescribed, the authority in -
charge of such hospital or prison shall, with the least
practicable delay, report the fact to the authorised officer,
and the said officer shall take possession of the unclaimed
body and except in the case referred to in
sub-section (3), hand it over to t he authority in -charge of a
teaching medical institution. if it is required by that authority
for the purpose of conducting pathological or anatom ical
examination and dissection 5[or for the therape utic
purposes].
(2) If a person dies in any public place in an area in
which he had no permanent place of residence and the
body of that person is not claimed by any of his nea r
relatives within such time as may be prescribed the
authorised officer shall take possession of the unclaimed
body and except in the case referred to in sub -section (3)
hand it over to the authority in -charge of a teaching medical
institution, if it is required by that authority, for the purpose
specified in sub-section (1).
(3) When there is any doubt regarding the cause of
death or when for any reason the authorised officer
considers it expedient so to do shall forward the unclaimed
body to a police officer referred to in section 174 of the
Code of Criminal Procedure, 1898.
5. Added by Act No.19 of 1963.
Unclaimed dead
bodies in
hospitals, prisons
and public places
how to be dealt
with.
4 [Act No. X of 1955]
(4) Where any unclaimed body taken possession of by
the au thorised officer under this section is not required by
the authority in charge of a teaching medical institution for
the purpose specified in sub-section (1), it shall be disposed
of in such manner as may be prescribed.
5. (1) If any doubt or dispute arises whether a person is or
is not a near relati ve of the deceased for the pur pose of
section 4, the matter shall be referred 6[in the cities of
Hyderabad and Secunderabad to a City Magistrate, and
elsewhere to a Magistrate of the First Class] having
jurisdiction and the decision of such Magistrate shall be
final.
(2) Pending such decision, the body of the deceased
person shall be preserved from decay in such manner as
may be prescribed.
6. Whoever disposes of, or abets the disposal of, an
unclaimed body save as provided by this Act, or obstructs
any authority in -charge of a teaching medical institution or
an authorised officer from handing over, taking possession
of, removing or using, such dead body for the purpose
specified in section 4, shall be punishable with the fine
which may extend to five hundred rupees.
7. All officers and servants of the Police, Medical and
Public Health Departments, all officers and servants in the
service of a local authority, and all village officers and
servants shall be bound to take all reasonable measures to
assist authorised officers in the discharge of their duties
under this Act.
6. Substituted by Act No.19 of 1963 [“the City Cor oner or ” in the
marginal heading were omitted].
Doubt or dispute
as to near relative
to be referred to
[XXX] a City
Magistrate or
Magistrate of the
first class.
Penalty.
Duty of police and
other officers to
assist.
[Act No. X of 1955] 5
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 in pursuance of this Act.
9. The State Government may, by notification in the
Telangana Gazette make rules for carrying out the purposes
of this Act.
Protection of
persons acting
under this Act.
Power to make
rules.
6 [Act No. X of 1955]
7[The Schedule.
[Section 2(e)]
1. The Anantha Lakshmi Ayurvedic College, Warangal.
2. The Andhra Provincial Homeopathic College,
Gudivada.
3. The Andhra Medical College, Vishakapatnam.
4. The Gandhi Medical College, Hyderabad.
5. The Government Ayurvedic College, Hyderabad.
6. The Guntur Medical College, Guntur.
7. The Kurnool Medical College, Kurnool.
8. The Nizamia Tibbi College, Hyderabad.
9. The Osmania Medical College, Hyderabad.
10. Sri Rangaraya Memorial Medical College, Kakinada.
11. The Kakatiya Medical College, Warangal.
12. Sri Venkateswara Medical College, Tirupati.]
* * *
7. Substituted by Act No.19 of 1963.
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