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The UTTAR PRADESH ANATOMY ACT, 1956

Uttarakhand · state statute
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84 
 
THE UTTAR PRADESH ANATOMY ACT, 19561 
[U. P. ACT No. VI OF 1957] 
 
 [Passed in Hindi by the Uttar Pradesh Legislative Assembly on October 20, 1956, and 
by the Uttar Pradesh Legislative Council on December 21, 1956.  
Received t he assent of the Governor on Jan uary 14, 1957, under Article 2 00 of β€˜the 
Constitution of India ’ and was published in the Uttar Pradesh Gazette, Extraordinary, dated 
January 19, 1957.]  
AN 
ACT 
 
to provide for the sup ply of unclaimed dead bodies of deceased persons to teaching 
medical institutions for the purpose of anatomical examination and dissection  
 
WHEREAS it is expedient to provide for supply of unclaimed dead bodies of deceased 
persons to teaching medical institutions for the purpose of anatomical examination and 
dissection;  
 
It is hereby enacted in the Seventh Year of the Republic of India as follows: 
Short title,  
extent and  
commencement  
1. (1)  This Act may be called the Uttar Pradesh Anatomy Act, 1956.  
(2)   It extends to the whole of Uttar Pradesh.  
(3)  This section shall come into force at o nce and the remaining provisions of 
this Act shall come in to force on such date and in such area as the State  
Government may by notification 2 in the official Gazette specify in that 
behalf.  
 
Definitions  2. (1)   In this Act, unless there is anything repugnant in the subject or context-  
(a) "authorized officer" means an officer authorized to act under section 5 
;  
(b) "medical institution" means a hospital or a medical or teaching 
institution established, maintained or recognized as such by 
notification in the official Gazette, by the State Government to 
carryon anatomical examination or dissection, or both;  
(c) "relative" means arty person related to the deceased as wife, husband, 
parent, son, daughter, brother, or sister and includ es any other person 
related to the deceased----  
(i) by lineal consanguinity within six degrees or by collateral 
consanguinity within twelve degrees ; or  
(ii) by marriage with any of the relatives specifically mentioned in 
this clause or with any other re lative within the aforesaid degrees; 
or  
 
1.   For Statement of Objects and Reasons, see Uttar Pradesh, Gazette, Extraordinary, dated 
August 29, 1956.  
2.    Sections 2 to 11 of this Act came into force from April  15, 1959, vide notification no, 
2037/(1) A/V- 507-1957, dated April 3, 1957, for Kanpur, Unnao , Jalaon, Luck now, 
Bara Banki, Sitapur, Hardoi , Allahabad, Fatehpur, pratapgarh, Mirzapur, Agra, Jhansi, 
Mathura, Varanasi, Ghazipur, Jaunpur, Saharnpur, Meerut, Bulandshahr, 
Muzzffarnager, Pilibhit and Aligarh Districts. 
 
85 
 
[The Uttar Pradesh Anatomy Act, 1956]      [Section 3-5] 
  
  (iii) as preceptor or disciple within three degrees.   
Explanation- The expression "lineal and collateral consanguinity" 
shall have the meaning assigned to them in the Indian Succession Act, 1925.  
(d) "prescribed" means prescribed by Rules made under this Act;  
(e) "State Government" means the Government of Uttar Pradesh; and  
(f) "dead body" means the dead body of a human being.  
(2)  Body of a deceased person shall be deeme d to be unclaimed if such person 
has no relative, or if it has not been claimed by any of his relatives, friends 
or servants within such period as may be prescribed in that behalf. 
 
Power of State 
Government to 
authorize officers 
to act under 
section 4 
 
3. The State Government may, by notification in the official Gazette, authorize 
for the area to which this Act is applied or any part thereof, one or more 
officers to whom a report shall be made under section 4 and who shall be 
competent to act under the said section. 
 4. Where the dead body of a person, dying in a hospital or a prison, is 
unclaimed, the authority incharge of the hospital, or, as the case may be, the 
prison, shall immediately give intimation of the fact to the authorized 
officer, who shall dispose it of in the manner laid down in section 5.  
 
 5. (1)  The authorized officer shall, subject to the provisions of sub-sections (2) and 
(3), in the case of an unclaimed dead body of a person dying :  
(a)  in a hospital or a prison; or.  
(b)  in a public place, not being his place of residence; or  
(c) after having dedicated in writing his dead body for the  purpose of 
anatomical examination and dissection;  
take possession of the unclaimed dead body and hand it over to a 
medical institution, requiring it for anatomical exam ination or dissection or 
both : 
Provided that in cases falling under clause (a) or (b) the authorized 
officer shall where a relative is known to be alive but has for reason beyond 
his control failed to claim the body within the pres cribed period, hand over 
the body to such religious or public institutions belonging to the religion of 
the deceased as maybe prescribed.  
(2)  The unclaimed dead body of a person who has prior to his death declared 
that his dead body shall not be subject to anatomical examination or 
dissection or both,  shall be handed over by the au thorized officer to such 
religious or public institution belonging to the religion of the deceased as 
may be prescribed.  
86 
 
 
[The Uttar Pradesh Anatomy Act, 1956]       [Section 6-11] 
 
  (3)  The authorized officer shall- 
(a)  in case of doubt as to the cause of death of the deceased and in any other 
case where in his opinion it is expedient so to do dispose of the unclaimed 
dead body in the manner provided therefor e, in section 104 of the Code of 
Criminal Procedure, 1898 ; 
(b) in the case where the unclaimed dead body is not required by the  authority 
incharge of a medical institution for anatomical examination or dissection 
or both, dispose it of in such manner as may be prescribed. 
 
Doubt or  
dispute as to  
relative  
6. Where any doubt or dispute arises whether person is a relative of the deceased, 
the matter shall be referred to such officer as may be appointed in this behalf 
by the State Government and his decision thereon shall be final and conclusive, 
and, pending such decision , the unclaimed dead body shall be preserved from 
decay in such manner as maybe prescribed.  
 
Penalty  7. Whoever disposes of, or abets the disposal of, an unclaimed dead body, save as 
provided by this  Act, or obstructs any authority in charge of a medical 
institution or an authorized officer from handing over, taking possession of, 
removing or using, such dead body for the purposes specified in this Act, shall, 
on conviction, be punished with fine which may extend to five hundred rupees.  
 
Duty of police 
and other  
officials to  
assist in  
obtaining 
possession of  
unclaimed dead 
bodies  
 
8. Any authority or officer empowered to act under this Act shall, in the discharge 
of their duties, be given such a ssistance and help as he may reasonably require 
by all the officers and servants of the departments of Police, Medical, Public 
Health and of the local bodies.  
Protection of  
persons acting  
under this Act  
 
9. No suit, prosecution or other legal proceedi ngs shall lie against any person for 
anything which is in good faith done or intended to be done under this Act.  
Officers to be  
public servants  
10. 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, 
1860.  
 
Power to make  
rules  
11. (1)  The State Government ma y, by notification in the official Gazette, make rules 
for carrying out the purpose of this Act.  
(2)  In particular and without prejudice to  the generality of the foregoing powers 
such rules may provide- ----  
(a)  the period within which a relative may claim the dead body of a deceased 
person;  
(b) the period after which the dead body of a deceased person shall be - deemed 
to be unclaimed ;  
87 
 
[The Uttar Pradesh Anatomy Act, 1956]      [Section 11] 
 
  (c)  the procedure for the disposal of an unclaimed dead body under 
section 5;  
(d) the conditions under which institutions may be recognized for the  
purposes of sub-sections (1) and (2) of section 5 ;  
(e)  the manner in which an unclaimed dead body be preserved from 
decay ;  
(f)   the procedure of proceedings under section 6 ; and  
(g)  the matters which are to be and may be prescribed.  
 
(3)  (a)  all rules made under this Act shall be published  in the official 
Gazette, and shall, unless some other date is appointed, come into 
force on the date of such publication.   
(b)  all rules made under this Act shall, as soon as may be after they are 
made, be laid before the Legislature for 14 days and sha ll be subject 
to such modifications as the Legislature may make therein.  
 
 
 
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