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State of Gujarat - Act

The Gujarat Anatomy Act, 2011

GUJARAT
India

The Gujarat Anatomy Act, 2011

Act 10 of 2011

Published on 8 April 2011
Commenced on 8 April 2011
[This is the version of this document from 8 April 2011.]
[Note: The original publication document is not available and this content could not be verified.]

The Gujarat Anatomy Act, 2011(Gujarat Act No. 10 of 2011)(First published, after having received the assent of the Governor, in the "Gujarat Government Gazette", on the 8th April, 2011.An Act to provide for the supply of unclaimed bodies of deceased persons and for donation by a person of his body after his death to hospitals and medical teaching institutions for therapeutic purposes or for the purpose of medical education or research including anatomical examination and dissection.It is hereby enacted in the Sixty-second Year of the Republic of India as follows :-

1. Short title and commencement.

(1)This Act may be called the Gujarat Anatomy Act, 2011.

(2)It shall come into force on such date as the State Government may be, notification in the Official Gazette, appoint.

2. Definition.

- In this Act, unless the context otherwise requires.

(a)"approved institution" means a hospital or medical, teaching institute approved by the State Government for all or" any of the purposes of this Act;

(b)"authorised officer means an officer authorised under section"

(c)"near relative" means any of the following relatives of the deceased, namely :-

parent, children, brother, sister or spouse; and includes any other person who is related to the deceased-

(i)by lineal or collateral consanguinity within three degree in lineal relationship and six degrees in collateral relationship, or

(ii)by marriage either with the deceased or with any relative specifically mentioned in this clause or with any other relative within the aforesaid degrees.

Explanation - The expression "lineal and collateral consanguinity" shall have the meanings assigned to them in the Succession Act, 1925 (39 of 1925);

(d)"natural death" means the death that occurs from natural causes such as disease or old age and not caused by suicide or killing by another or by an animal or by machinery or by an accident or death not caused under circumstances raising a reasonable suspicion that some other person has killed the deceased;

(e)"prescribed" means prescribed by rules made under this Act;

(f)"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.

3. Power of State Government to authorise officer to act under section 4.

- The State Government may, be notification in the Official Gazette authorise one or more officers to whom a report shall be made under section 4.

4. Unclaimed deal bodies to be used for a anatomical teaching.

(1)Where a person, under treatment in a hospital dies of natural death in such hospital and his body is unclaimed, the authority 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, in the manner as may be prescribed, the unclaimed body to the authority in-charge of an approved institution for the purpose of conducting anatomical dissection and teaching.

(2)Where a person dies of a natural death, in any public place or at his residence other than, a hospital; and his body is unclaimed, the authorised officer shall take possession of such unclaimed body and shall hand it over, in the manner as may be prescribed, to the authority in-charge of an approved institution for the purpose specified in sub-section (1).

(3)

(i)Where there is any doubt as to the natural death or when for any other reason the authorised officer considers it expedient so to do he shall forward the unclaimed body to a police officer referred to in section 174 of the Code of Criminal Procedure, 1973 (2 of 1974).

(ii)If the death appears to be natural death to the police inquest the unclaimed body may be handed over to the Anatomy Department of the approved institute without performing post-mortem, Whether the unclaimed body is suitable for embalming and can be used for anatomical dissection and teaching purpose shall be decided by a senior officer of the Anatomy Department.

5. Doubt or dispute as near relative to be referred.

- If any doubt or dispute arise whether a person is a near relative of the deceased, the matter shall, be referred to the Executive Magistrate and his decision shall be final and conclusive.

6. Penalty.

- Whoever disposes of or abets the disposal of an unclaimed body of a natural death, save as provided 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 all or any of the purposes of this Act, shall on conviction, be punished with fine which may extend to five thousand rupees.

7. Duty of police and other officers to assist.

- All officers and employees of the Police, Heath and other Government Department, all officers and servants of a local authorities and all village officers and employees shall be bound to take all reasonable measures to assist the authorities and officers authorised under this Act in the discharge of their duties under this Act.

8. Donation of a dead body of deceased person.

- If any person, either in writing at anytime or orally in the presence of two or more witnesses during his illness whereof he dies, has expressed a request that his body be given to authorities in-charge of an approved institution for being used after his death for therapeutic purposes of medical education or research including anatomical examination and dissection, the near relative lawfully in possession of donor's dead body may, unless he has reason to believe that the request was subsequently withdrawn by the donor, bring the dead body to any approved institution for use in accordance with the request.

9. Refusal to accept dead body.

- The approved institute may refuse, to accept an unclaimed body or a body brought to it under section 8, if a senior officer decides that the body is not suitable for educational purposes or that the body is not required by the said institute. Only intact dead bodies without any type of mutilation can be accepted for embalming and for teaching purpose.

10. Disposal of dead body.

- If any of approved institutes does not accept a dead body as provided in section 9 or after the use of it for the purposes specified in this Act, the same shall be disposed of or caused to be disposed by it in the manner as may be prescribed.

11. Registers, returns, ect.

(1)The authority in-charge of the approved institute shall maintain a register of the dead bodies it received, used and disposed of in such form and in such manner as may be prescribed.

(2)Every authority in charge of the approved institution shall submit a periodical return to authorised officer in such form and in such manner as may be prescribed.

12. Protection of action taken in good faith.

- 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.

13. Officers and employees to be public servants.

- All officers and employees appointed or authorised to act under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (46 of 1860).

14. Power to make rules.

(1)The State Government may, be notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2)All rules made under this section shall be laid for not less than thirty days before the State Legislature, as soon as may be after they are made, and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make during the Session in which they are so laid or the Session immediately following.

(3)Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and shall thereupon take effect.

15. Repeal and savings.

(1)The Bombay Anatomy Act, 1949 (Bombay XI of 1949), in its application to the State of Gujarat is hereby repealed.

(2)Notwithstanding such repeal of the said Act, anything done or any action taken under the said Act including any rule or order made, notification issued or appointment made by or under that Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken by or under this Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act.

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